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NSW Criminal Law - Accused of Sexual Assault and Breach of Human Rights?

Discussion in 'Criminal Law Forum' started by harry scott, 15 May 2016.

  1. harry scott

    harry scott Member

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    HI there,

    I am hoping you will be able to help me with a question. I am a 24-year-old english backpacker in Australia. I was due to leave the country in January 2016. However in December 2015, I was accused of sexually assaulting a girl at a party at my house. The arrest was made on a brief description of a person that matched multiple people at the party and I was charged based on the evidence of her statement. DNA testing were done and trace DNA of 1-750 came back on her. She slept at my house on my sofa under a blanket I use regularly. This was enough for the DPP to take the case to court. I have an alibi of being in bed with my partner at the time she claimed the attack happened and my partner claimed this in her statement, but it was not taken into count.

    My bail was set at 3 days but has since been moved down to 1 day a week. I am not allowed to leave the country. Luckily I was still on my working holiday visa so was able to work and support myself. However, this has now run out and the DPP are putting me on a CJSV. This visa does not entitle me to work in the country. My trial date is November 28th. The DPP expect me to be able to support myself for nearly 7 months in Sydney on no income. This is inevitable going to leave me homeless and living on the streets.

    My question, is this a breach of my human rights? Specifically. article 23, article 25 ,article 3 ,article 5,
    article 11?

    I want to propose to be let back to the UK and to return for my trial date. The UK has strong extradition laws with Australia so would be no chance of running away to avoid the trial. I am struggling with my relationship over the distance and also my mother is struggling with mourning the loss of both my grandparents last November and my father the year before. Unfortunately, I am unable to help her from here. I very much feel like I am being imprisoned and treated like a guilty person before any trial has even taken place.

    Please feel free to give me any opinions you may have that could help me present my case under criminal law to the local court.

    Regards
     
  2. Rod

    Rod Well-Known Member

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    Were you represented at your bail hearing? and can you offer a decent bond as surety?

    Under the NSW Bail Act 2013 - s 51(1) you can request a variation to bail conditions.

    Maybe offer a largish sum for a bond as an alternative way of keeping the court happy. I'd be asking a lawyer if it would help or hinder you by taking an affidavit of your partner's statement (your alibi) as proof of how weak the prosecution case is against you.
     
  3. harry scott

    harry scott Member

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    HI Rod, I probably would be able to offer a sum for a bond, Depending on what is classed as a large amount. I was represented at my bail hearing and have had it altered a couple of times reducing check in days and changing reporting stations whilst moving around Sydney.

    I shall bring the point of the affidavit up with my lawyer. Her statement is in the case brief so can easily be scene by a judge.

    Thank you for your help.
     

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