Alec Gage: Alleged sexual assault case to be retried in Coffs District Court

A Nambucca man’s convictions were successfully appealed based on concerns about the understanding of the issue of consent among jurors.

Convictions have been quashed and a fresh trial is set to take place in the case against a Nambucca man accused of sexually assaulting a woman after a night out in 2017.

Alec Gage appeared in Coffs Harbour District Court on Wednesday via audiovisual link where he was due to be arraigned and have a new trial date set following a successful appeal of his convictions in the Supreme Court last month.

The 22-year-old had been found guilty by a jury and was last year convicted and sentenced to imprisonment on six counts of sexual intercourse without consent.

According to the judgment recently handed down by the Supreme Court, the prosecution had alleged the complainant said no to sexual intercourse.

The defence however denied all allegations, arguing that she did not indicate that she was not consenting.

Gage’s convictions were successfully appealed in the Supreme Court based on concerns surrounding the understanding of the issue of consent among jurors, and the possibility of an “incorrect appreciation” that the onus of proving consent was on Gage.

The man appeared before the District Court in Coffs Harbour this week.

A retrial was ordered and Gage’s matter was set down for arraignment at Coffs Harbour District Court on Wednesday.

Gage had been granted conditional bail after his appeal was successful however his lawyer told Judge Jonathan Priestley on Wednesday that he was still in custody and was unable to be freed as his visa has been cancelled.

He said a criminal justice visa was being arranged.

The prosecution requested more time before Gage’s arraignment and the matter was adjourned to November 10, where a fresh trial date is expected to be set.