Community Corrections Order for Sexual Assault

This is a case study on a sentence of Community Corrections Order for Sexual Assault.

What is alleged to have occured?
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.

What happened at court?
We represented the client at the Melbourne Magistrates’ Court.

At contest mention, we sought a sentencing indication. We made submissions on the client’s behalf and explained to the court that the client had current supports in place with Jesuit Services. We 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.

What was the result?
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.

Elements of Sexual Assault:
  • 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.
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Andrew GeorgeAndrew George

Andrew has over 25 years experience as a criminal lawyer and has been an Accredited Criminal Law Specialist since 1995. As Partner of Doogue + George, Andrew oversees all matters run out of the Sunshine office as a commitment to ensuring that your case has a proper and fair hearing to ensure the best outcome possible. Andrew has spent most of his career representing Melbourne’s western suburbs and has a commitment to the working people of Victoria. His experience includes providing criminal defence for a client during IBAC's first major prosecution, Operation Fitzroy.

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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