This is a case study on a sentence of Community Correction Order for Sexual Assault.
Our client had been charged with Sexual Assault. It arose from an incident where he had hugged a teenage girl on public transport and made suggestive remarks. He had a history of similar offending - that is, sexual assaults committed on public transport against young women. He was already on the Sex Offenders Register. He was facing a possible term of imprisonment for these offences. One of the issues at contest mention was whether the relevant touching was sexual.
Jessica Clothier represented the client at the Melbourne Magistrates' Court.
At contest mention, Jessica sought a sentencing indication. She made submissions on the client’s behalf and explained to the court that the client had current supports in place with Jesuit Services. Jessica also raised the client's intellectual disability and sought that he be sentenced to a Community Corrections Order with a special condition to have a Justice Plan to assist him with his appointments.
His Honour indicated that he would impose a Community Corrections Order for Sexual Assault with a Justice Plan condition attached. This was accepted by the client. In light of the client's criminal history, this was an excellent result.
- The accused must have intentionally touched another person;
- The touching must be sexual;
- The other person must not have consented to the touching; and
- The accused must have not reasonably believed that the other person consented to the touching.
Other related case studies:
- Sexual Assault – No Priors
- Sexual Assault – Adjourned Undertaking, Without Conviction
- Diversion for Sexual Assault
- Sexual Assault By a Child
- Downgrading Sexual Assault to Unlawful Assault
Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.
Click here to know more about Jessica's background.
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 21/01/2019