CCO for Breach of Sex Offender Registry
This is a case study on a CCO for breach of Sex Offender Registry.
The client was a registered sex offender who had breached his reporting obligations through having contact with children. He had a number of briefs. Breaches of the Sex Offender Registration Act are serious offences and often result in a term of custody. This matter was particularly serious for our client as he had prior convictions for breaching the Act.
The matter was listed in the specialist summary sexual offences court. It proceeded as a consolidated plea of guilty and Hester Kelly represented the client at the Melbourne Magistrates’ Court.
Ms Kelly was able to get some of the more serious breaches of the Sex Offender Registry withdrawn. Ultimately, the client received a community correction order with a justice plan and thus avoided receiving a custodial sentence.
The result was obtained through thorough preparation and advocacy in court. Ms Kelly particularly focused on how the Act was breached and she was able to explain the circumstances surrounding the breach. As a result, the Magistrate was able to appreciate that this was a breach of the Act that fell towards the lower end on the scale of offending.
The client’s personal circumstances (his low IQ and his previous completion of court orders) were also highlighted to the Magistrate. With a full picture regarding both the offending behaviour and the personal circumstances, the Magistrate agreed with the submission that a community based order was in the best interests of the community and of the client.
This was an excellent result as a CCO for breach of Sex Offender Registry meant that the client would not have to go to prison.
Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.
Visit this page to know more about Hester.
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 14/11/2017