Al Sang Cin Zah indecently assaulted unconscious woman outside CBD pub, court hears
An unconscious woman was “deliberately and opportunistically” indecently assaulted on the steps of a CBD hotel until a passer-by intervened, a court has heard.
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An intoxicated man “deliberately and opportunistically” indecently assaulted an unconscious woman on the steps of a CBD pub until a passer-by intervened and alerted the victim, a court has heard.
Al Sang Cin Zah first watched the woman as she slept on the steps of the Strathmore Hotel just before 6am on January 10, 2021, then indecently touched her genital area three times.
In a victim impact statement prosecutor James Slocombe read to the court on her behalf, the victim said the assault was “the worst thing that’s ever happened” to her.
She said the incident had derailed her mental health and she was “constantly reminded” of what happened, while her family members “carried a hidden guilt for not being there to protect” her.
“This whole episode of my life has been so very consuming,” she said in the statement.
“Even after all this time since the assault and all the work I am constantly putting into healing, the events of that night will never completely go away and it’s something I am going to have to live with for the rest of my life.”
She refused to let the incident define her and hoped that justice was served.
“I hope you are punished for your crime and that your life is impacted as much as mine has been,” she said.
Mr Slocombe said the “brazen” incident had been captured on CCTV, while witness reported seeing the victim’s dress pulled up to expose her bottom.
He said Cin Zah “does not wake her or make her aware of his presence”.
“We say that it’s clear from the objective CCTV footage that the defendant acted deliberately and opportunistically to sexually offend against the unconscious victim in a public street,” he said.
Cin Zah was originally charged with rape and indecent assault, but the rape charge was withdrawn on the eve of trial after a key witness became unavailable. He had earlier pleaded guilty to the indecent assault charge.
Defence lawyers for Cin Zah said his client had an “unreliable memory” of the incident due to intoxication and there was a dispute about where his client had touched the victim.
They urged Judge Joanne Tracey to carefully view the footage before determining the factual basis for sentencing.
The court heard Cin Zah arrived in Australia on a humanitarian visa in 1997 after fleeing his birth country Myanmar, where he had been tortured by the Burmese military.
Cin Zah’s lawyer urged the court not to jail Cin Zah, a recovering alcoholic, who was scared of jail and the possibility of deportation.
“He fears being indefinitely detained in immigration detention or being returned to Myanmar where his life will be seriously at risk,” his lawyer said.
He urged the court not to jail Cin Zah when Judge Tracey imposes sentence next month.