Supreme Court Bail Application Granted for Child Sexual Assault

Our client is a 40-year-old labourer from Newcastle.

He was residing with a family friend for a number of months in the Hunter region. Also residing in the house were two young children aged 11 and 13.

One day he was abruptly arrested by police and charged with a number of offences against the children including sexual intercourse with child (x2), common assault and assault occasioning actual bodily harm. At a later stage he was also charged with possess child abuse material following a Cellebrite download of his phone.

He was bail refused by police and legal aid made a bail application at Newcastle Local Court which was refused.

His family consulted a number of lawyers who all advised him that there was no point making a bail application. When they contacted us, we took a different view.

We commenced by speaking to the client in custody and taking a detailed version of events from him, along with suggestions for evidence that would support his version.

We then reviewed the brief of evidence. We were able to highlight some significant issues in the prosecution case, including that the children had clearly collaborated before making their complaint to police, that there was no medical evidence supporting the allegations and the children had a motive to lie as our client was the disciplinarian of the household.

We also prepared affidavits with our client’s family and prepared strict proposed bail conditions. These included having a residential address over 2 hours away from the alleged victims and offering a home detention condition where our client could only leave the house in the company of an approved family member.

Further, we offered a bail condition that our client not to have access to a smart phone and provide the IMEI number of any phone he possessed to police. This was to address the allegation that he possessed child abuse material on his phone.

At the bail hearing, despite the Crown strongly opposing bail, we were able to persuade the Court that our client had shown cause why his detention was not justified and that he did not present an unacceptable risk if he was released.

In the result, our client was released on the proposed bail conditions and is able to reside with his family. We are now in the process of defending the charges at Newcastle District Court.