Our client and his co-accused were charged with the offence of “Detain person without consent in company with intent to obtain advantage and occasion actual bodily harm” pursuant to section 86(3) of the Crimes Act 1900. This offence carries a maximum penalty of 25 years imprisonment.
It was alleged by the Crown that the complainant was attacked and detained by a group of males upon arriving home one evening. The complainant reported to police that he was struck on the head, dragged inside the house and his hands and feet were bound with cable ties. It was alleged that he was detained and assaulted for 30 hours and that his house was ransacked. Property from the complainant’s house, including cars and quad bikes, was allegedly stolen. It was the Crown case that our client was part of the joint criminal enterprise that was formed for the purpose of committing this offence.
Our client’s palm print was found on a cup on the complainant’s kitchen bench when the property was searched by police following the alleged incident. A number of items allegedly stolen from the complainant were found at our client’s premises. This was the evidence that the Crown relied on to prove that our client formed part of the joint criminal enterprise.
At trial, we disputed our client’s involvement in the joint criminal enterprise. It was our case that he attended the property to purchase items from the complainant by agreement and that these were the items found at his property following the alleged incident. The complainant was not being detained or assaulted while our client was at his property.
The unreliability of the complainant was the key issue in this case. Many inconsistencies were targeted by Counsel in cross-examination which unravelled the Crown case.
The trial ran for 14 weeks. The jury found our client not guilty and he was released from custody.
If you have been charged with detaining a person without consent speak to the expert legal team at Criminal Lawyers Sydney George Sten & Co with over 50 years experience, we can offer you the highest defence available. 02 9261 8640