Sex Offences Study Settled By RMF

Solicitor: Mark Williams

Court: District Court (Trial)

Our client was defending two sex offences against a minor.

Our client suffered from significant health conditions including sleep apnoea.

A relevant issue was whether our client was awake at the time of the alleged offending. At trial, there was some evidence that our client was snoring at the time.

The matter endured several legal arguments and some prosecution evidence was excluded on the basis that their initial doctor did not have the appropriate expertise to give an opinion in court.

We engaged a medical expert in sleep apnoea; a leader in this field who gave evidence in relation to sleepwalking, sexsomnia and other parasomnias  Expert evidence supported the defence that our client was suffering from an episode of sexsomnia at the time.

Our client gave evidence confirming he had no knowledge of what occurred as he was asleep.

Ultimately the issue for the jury was whether our client was asleep or awake at the time of the alleged offending.  If he was asleep, then pursuant to section 23 of the Criminal Code, he was not criminally responsible for an act that occurs independently of his will.

After a four day trial, the jury reached a verdict acquitting our client on all charges.

This matter illustrates the role which expert evidence can play in sex offence matters.