Public interest prevails

After an unhappy experience with a previous firm, our client was referred to us to assist his son defeat sex assault charges which had been brought by police in relation to a minor. Our client’s son was diagnosed with ASD/ADHD and whilst he was aged in his 30’s, he had significantly impaired social and mental functioning.  The assault complainant was in her teens and had offered sexual favours in exchange for alcohol. Despite a fitness to stand trial hearing determining our client fit, it was apparent that there was no way a trial could proceed without significant disruption and every possibility it would be aborted. We made a thorough and detailed public interest submission to the Office of the DPP, supported by expert medical evidence and NDIS material to demonstrate the extensive measures and assistance in place to reduce the prospect of any incident similar to that alleged occurred in the future.  The Office of the DPP accepted out submission and discontinued all charges against our client’s son. The police followed suit and also discontinued a charge relating to our client’s son spitting at a custodial services officer during the fitness to stand trial hearing (described by experts as an involuntary action on account of his ASD) as he tried to deal with the stress of the court process.