The Queen v WS (2017)
WS was charged with three offences, namely 'administer an intoxicating substance with intent to assault', and 'assault occasioning actual bodily harm' contrary to the Crimes Act 1900, as well as 'possess a prohibited drug' contrary to the Drug Misuse and Trafficking Act 1985.
The facts in this matter involved WS soliciting a prostitute for a night at his home. Both the accused and complainant consumed alcohol, ecstasy and cocaine throughout the evening. The complainant became highly intoxicated and subsequently did not remember large parts of the evening.
Due to this confusion the complainant became distressed at the extensive bruising and scratches she noticed the following day, injuries that the accused' noted had been sustained through her level of intoxication and him helping her down a number of metal stairs. She subsequently called the police and the accused was charged with the above offences.
Bill O'Brien engaged Ragni Mathur and Phillip Boulten S.C. as counsel for this matter. A strong defense was raised and ultimately the presiding judge directed the jury to find WS not guilty of the first charge. The jury found WS not guilty of the second charge, and his final charge of 'possess prohibited drug' was dealt with via a good behaviour bond for a period of three years.
This was an exceptional result for the client. The first offence carries a maximum term of imprisonment of 25 years, and if found guilty his sentence could have been very severe. He has since been able to return to work and avoid a term of imprisonment altogether.