Our client was charged with aggravated sexual assault. The prosecution alleged that our client had sexual intercourse with the complainant without consent. The prosecution case was that our client was not known to the complainant and that he broke into her home. The police facts alleged that our client was heavily intoxicated at the time and had no recollection of the alleged events.
Our client was refused police bail and we made a bail application before a Magistrate at Wollongong Local Court. The prosecution case was scrutinised during the bail application and questions were raised as to why the front door was left unlocked, why the complainant did not call for help but had a conversation with the accused who was allegedly unknown to her at the time, and why she had reserved her complaint for five days before going to the police to report.
Our client was granted bail by the presiding Magistrate, availing our client from having to remain in custody on remand whilst awaiting trial.