SUCCESS STORY

Victoria

Heidelberg Magistrates’ Court – Significant Charges Withdrawn & No Imprisonment Imposed

EAS Legal represented a 35-year-old male before the Heidelberg Magistrates’ Court facing five serious sexual assault charges involving a minor, with imprisonment strongly sought by the prosecution. After identifying critical technical issues with the prosecution’s DNA evidence, our team successfully challenged the strength of the case. As a result, 4 of the 5 charges were withdrawn. The Court ultimately imposed a Community Corrections Order, with no term of imprisonment.

  • Sexual Assault Charges

Case Overview

Heidelberg Magistrates Court 

Charge: Unlawful Assault

Client: 35-year-old male

At EAS Legal, we recently represented a 35-year-old client before the Heidelberg Magistrates’ Court facing multiple serious charges of Sexual Assault involving a minor.

These allegations carried extremely significant consequences, including the very real prospect of a substantial term of imprisonment. The Prosecution strongly pressed for a custodial sentence.

From the outset, this was a complex and high-stakes matter.

Our Defence Strategy

Our office conducted a meticulous forensic review of the brief of evidence, with particular focus on the DNA material relied upon by the Prosecution.

During our analysis, we identified critical technical issues relating to the preparation and admissibility of the DNA evidence report. These deficiencies significantly impacted the strength of the prosecution case.

Through structured legal submissions and detailed negotiations, we:

  • Challenged the reliability and admissibility of the DNA evidence
  • Highlighted technical and procedural deficiencies
  • Pressed the Prosecution on the sustainability of the majority of the charges

As a result of these technical challenges, 4 out of the 5 charges were withdrawn prior to sentencing.

This fundamentally altered the sentencing landscape of the matter.

The Outcome

Despite the seriousness of the remaining charge — and the Prosecution’s submissions seeking imprisonment — the Court ultimately imposed:

  • A Community Corrections Order
  • No term of imprisonment

Avoiding custody in matters of this seriousness, particularly where imprisonment was actively sought by the Prosecution, represents a significant result.

Why This Result Matters

Cases involving allegations of this nature are among the most serious dealt with by the courts. They require:

  • Forensic attention to evidentiary detail
  • A deep understanding of admissibility principles
  • Strategic negotiation
  • Careful and persuasive sentencing advocacy

This outcome demonstrates how technical legal analysis and early intervention can materially change the trajectory of a serious criminal matter.

Facing Serious Criminal Charges?

If you are facing serious allegations before the courts, early and strategic legal representation is critical.

At EAS Legal, we specialise in complex and high-stakes criminal matters and appear regularly in the Heidelberg Magistrates’ Court and courts across Victoria.

Facing Similar Charges?

Don’t let a criminal charge destroy your future. Our experienced team has the expertise and track record to fight for the best possible outcome in your case.

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