In The News » Brit Expat has his conviction for sexual assault overturned on appeal

Brit Expat has his conviction for sexual assault overturned on appeal

In March 2017, our client was sentenced to prison after he had been found guilty by a jury of two counts of having sexual intercourse without consent, contrary to section 61I of the Crimes Act 1900.

Our client then terminated his instructions of his former lawyers and instructed Hanna Legal to appeal against his convictions.

One of the key pieces of the prosecution evidence against our client at his trial was the presence of our client’s DNA on a vagina swab taken from the complainant shortly after the alleged sexual assault. Our client’s case had always been that the rape was not committed by him and that the presence of his DNA on the swab could be explained as having been caused by secondary transfer.

We obtained further, more advanced DNA testing from a private interstate laboratory which revealed that there were in fact two contributors to the DNA profile on the complainant’s vaginal swab.

On the basis of the new DNA evidence that we had obtained, the Crown conceded that our client’s conviction should be set aside.

On 30 July 2018, the Court of Criminal Appeal upheld our client’s appeal, quashing his convictions and sentences and ordering a new trial.

For more information, see: Brit expat caged over rape of American backpacker in Australia could go free as conviction is contested due to new DNA evidence, The Sun, 31 July 2018.

To read the Court of Criminal Appeal’s decision, see: Richardson v R [2018] NSWCCA 168.

Following the successful appeal, Hanna Legal successfully applied for bail on behalf of our client.

In March 2019, Hanna Legal represented our client at his retrial before the Sydney District Court, at which he was found not guilty of both charges. For more information, see: Scott Richardson acquitted of raping a woman in Australia after the DNA of a second man was found,, 29 March 2019.