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Case Study:

This is a real case that happened recently.

We had a Client (‘E’) that was charged with ‘Indecently Assaulting’ a woman (‘The Complainant’) that he had previously worked with.

E was charged with ‘Unlawful and Indecent Assault under section 323 of the Criminal Code Act (WA), where it states:

Indecent assault

A person who unlawfully and indecently assaults another person is guilty of a crime and liable to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

The Trial

E maintained his innocence, was represented by Tang Law throughout the course of proceedings, which eventually went to a Trial in the Magistrates Court (a Court of Summary jurisdiction).

At Trial, Tang Law’s in-house criminal Defence lawyer skillfully represented E’s case, brought all the key evidence to light and made the Magistrate see that the Complainant was clearly lying, for her own ulterior purposes.

The Result

The Trial Magistrate summed up what had been presented at Trial accurately, found the Complainant to be an untruthful witness for the Prosecution and found E Not Guilty of the charge against him.

A costs application was made after the result of the Trial was handed down and all of the legal fees that E had paid during the course of the matter were paid back to him by the State, by way of an Order of the Court.