AM, a young person, was charged with six counts of ‘Sexually touch another person with consent’, contrary to section 61KC(a) Crimes Act 1900, and a single count of ‘Aggravated sexual assault’, contrary to section 61J(1) Crimes Act 1900.
AM pleaded ‘not guilty’ to all charges and his matter proceeded to Hearing. Chris Cole represented AM at his Hearing which proceeded over four (4) days. The Prosecution called the complainant to give evidence as well as numerous prosecution witnesses, some of which were declared unfavourable witnesses. The defence called AM to give evidence as well as another civilian witness and various character referees.
The Magistrate provided a lengthy Judgment and ultimately found AM ‘not guilty’ of each count on the Indictment. Further, the Magistrate dismissed the Application for a Final Apprehended Violence Order for the protection of the complainant, noting Her Honour’s findings at the Hearing.
This is a huge relief for AM as his future was at stake. The maximum penalty for each offence of sexual touching is 5 years imprisonment. The maximum penalty for Aggravated sexual assault is 20 years imprisonment. A finding of guilt would have meant a default registration on the Child Protection Offender’s Register.