BT – Successful outcome for client charged with sexual intercourse without consent

Man accused of sexual assault after Cabramatta cannabis rendezvous

Just after midnight, BT was texted by the victim to see if he would pick her up. She hoped that he would have cannabis for her to smoke. He picked her up and drove her back to his unit. When they arrived at BT’s unit, they smoked cannabis and the victim fell asleep.

A few hours later, the victim woke up and realised her underwear and leggings had been pulled down. She noticed BT kneeling beside her with his head in her genital region. The victim screamed, pushed out with her legs and curled up into a ball. The victim asked for a lift home but BT said he would not drive her home at that time of the morning. The victim left the unit and called a friend to come and pick her up from a nearby train station.

Later that night, she reported the incident to police. BT was later placed under arrest and conveyed to Cabramatta Police Station. He was charged with sexual assault based on the intercourse without consent.

Sexual / Indecent assault hearing at Campbelltown District Court

O’Brien Criminal and Civil Solicitor successfully represented BT at Campbelltown District Court. After significant negotiations, we entered a guilty plea to the charge of indecent assault. This was accepted by the Crown and negotiated facts were agreed. This lesser offence carries a maximum penalty of 5 years imprisonment.

We procured a forensic psychiatric report for BT’s sentencing proceedings. We were able to outline that BT had nothing of a sexual nature on his criminal record and no previous breaches of bail. BT was sentenced to an Intensive Corrections Order for a period of 2 years and a final Apprehended Violence order was set for a period of 2 years.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office, 24 hour phone / text: 0421 373 961