Maria Munir’s client acquitted of sexual assault in the Youth Court

Maria Munir represented a child, X, who was alleged to have sexually assaulted another child. The issues included whether X had a reasonable belief in consent given his significant neurodivergence and vulnerabilities, as identified in the reports of  two instructed defence experts. Despite Maria’s robust written representations, forewarning of the glaring evidentiary weaknesses and the lack of public interest, the Crown would accept nothing less than an admission of guilt.

The matter proceeded to trial, heard over three days, with X requiring an intermediary throughout. The Crown placed significant reliance on recordings made without X’s knowledge of an unfair interrogation featuring the complainant. Through extensive legal submissions on the agreed expert evidence of X’s suggestibility, questioning techniques for vulnerable children, and s.78 PACE, Maria succeeded in excluding the recordings. During cross-examination of the complainant, Maria skilfully revealed the fuller social context of the alleged offence. Maria countered the Crown’s inappropriate cross-examination of X through effective re-examination and addressed the illusion of inconsistencies to avoid inferences being drawn against X.

Maria made persuasive submissions on the complex law surrounding reasonable belief in consent, using the appellate authorities to demonstrate why X’s neurodivergent inability to appreciate subtle social signals was of paramount relevance to the objective test. As a result, Maria successfully argued that the Crown had failed to make the Judge sure that X lacked a reasonable belief in consent. X was acquitted at the conclusion of the trial, preserving his good character.

Maria was instructed by Jonathan Black and Agnes Woolley of BSB Solicitors.