Accused on Remand for Failing to Comply With Reporting Obligations

This is a case study on an accused on remand for Failing to Comply With Reporting Obligations.

What is alleged to have occured?
Our client is subject to reporting obligations under the Sex Offenders Registration Act. He had been charged with breaching his reporting obligations by failing to report his address within 7 days of being released from custody.

The client had a lengthy history of failing to update his address. He had many contributing factors as to why he had not reported, significantly that he is homeless, does not own a mobile phone, and has an entrenched substance abuse issue. English is also his second language. He had previously been sentenced to more than 1-month imprisonment for this same offence.

What happened at court?
We acted on the client’s behalf at the Melbourne Magistrates’ Court.

We appeared for him at the remand where he entered a plea of guilty for the single offence of Failing to Comply With Reporting Obligations. At this time of the hearing, he had already spent a couple of hours in custody. We made submissions for him to be released immediately.

Upon client’s instructions, the matter resolved as a plea at the remand. We tendered reports on the client’s behalf indicating his history of substance abuse issues as well as his diagnosis of trauma disorders. We also made submissions surrounding the client’s circumstances and the fact that he does not have a fixed address.

Also, since the informant in the matter was in attendance at the mention, we were able to indicate to the court that if he was released from custody immediately, we would assist the client in updating his registration obligations with the informant on the spot. This is so the same issue would not continue when he was released.

What was the result?
Ultimately her Honour was agreeable to this submissions and sentenced our client to a 6-month good behaviour bond. This was a good result as it meant that our client, the accused on remand for Failing to Comply With Reporting Obligations, was immediately released from custody that day.

Elements of Failing to Comply With Reporting Obligations (Sex Offender Registry):
  • The accused is on the Sex Offender Registry
  • The accused fails to comply with the reporting obligations required of someone in the registry
  • The accused has no lawful excuse for failing to comply
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 08/08/2018