Appeal court overturns sexual assault verdicts over right to silence breach
The ACT Court of Appeal overturned Richard Emory McGary's sexual assault verdicts, finding his right to silence was compromised.
Richard Emory McGary had his sexual assault convictions set aside by appeal judges on Thursday. The court found his right to silence was undermined.
McGary was forced to choose between giving evidence to defend one charge or staying silent on another. Tendency evidence from an uncharged 2016 assault allegation was used in the third trial.
It was not charged in earlier trials. The court determined this put McGary in an impossible position.
One charge will not be retried. The other may return to trial.
McGary had been sentenced to six years jail in December 2025. His non-parole period was three years.
The Director of Public Prosecutions is considering seeking special leave to appeal to the High Court.
Why it mattersThe ruling clarifies how courts can use evidence from uncharged allegations without violating a defendant's procedural rights, affecting future sexual assault trials.
AustraliaThis ACT case sets legal precedent for how Australian courts handle tendency evidence and may influence similar trials across the country.
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