Aggravated sexual touching conviction leads to appeal
A magistrate convicted MJP after a Local Court hearing of aggravated sexual touching. This crime allegedly occurred when he (in the company of another man) touched the breast of a female. The aggravation element was because of the other man’s presence, as occurs with sexual assault offences.
The evidence for the charge consisted of the evidence of the alleged victim, and her account to police immediately afterwards. There was a recording on a police officer’s body-worn video camera.
MJP had representation from another law firm during the Local Court proceedings. He then appealed against the conviction using O’Brien Criminal and Civil Solicitors.
The appeal was determined in the District Court of NSW
The District Court of NSW in Sydney determined the appeal.
After analysing the evidence, including the video evidence, and hearing submissions focused on the inconsistencies and vagueness of the alleged victim’s complaint, the judge upheld the appeal and quashed the conviction.
“Thank you Peter for your professional attitude, advocacy and patience in relation to finalising my appeal. You delivered what you said you were going to do, and you have my family’s sincere appreciation” — MJP
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