This is a case study on Community Corrections Order without conviction for Indecent Assault.
Our client was a kitchen manager at a hotel. During one particular shift, the client had a dispute with the venue manager and he later consumed alcohol whilst working.
That night, there was a new female staff member that had commenced. The client directed her to perform some tasks such as to go out the back with him to collect wood for the pizza oven. Whilst out the back collecting wood, the client touched the female on the breast outside her clothing. This occurred approximately seven (7) times that night. The client became more brazen on each occasion, touching her for longer.
On another occasion she went out the back, the client was there with his pants lowered, genitals exposed, masturbating. He then pulled his pants up. The female became upset and complained to the venue manager about the client’s conduct. She left the premises. She was crying on the train on the way home and two PSO’s approached her to ask what was wrong. She then reported the event.
The client was interviewed and initially denied the offending, saying that he did not expose himself and that any such touching has been accidental or inadvertent.
Kristina Kothrakis provided legal representation for the client at the Melbourne Magistrates' Court. She successfully defended this case and secured a sentence of Community Corrections Order without conviction for Indecent Assault.
This client was born overseas and was in Australia on a spousal visa. In his country, he was a qualified physiotherapist. He had been in Australia for some years working on gaining the required qualifications to have his qualification recognised here. He was nearly through that process. The outcome of this matter, given the serious nature of it, was going to have serious implications for his ability to practice in Australia.
The client was scared about the outcome, and so initially was denying the offending. The prospect of him being found not guilty at a contested hearing was remote. The best way for him to receive the lowest possible penalty was to make appropriate admissions and to receive targeted treatment.
Kristina sent him to see a psychologist on a treatment basis. Through that process, we were able to understand what led to the offending and he was able to develop some insight into what happened, as well as acquire some tools to utilise to ensure that he did not put himself in that position again.
The matter proceeded as a further plea. A powerful plea was conducted on the client's behalf highlighting the serious consequences that will follow for a man in his professional and personal life. They included potentially not being able to work in a profession he had spent his whole adult life working towards, and possible deportation of him and his wife. Kristina made submissions about the impact that a conviction would have on his prospects and the magistrate was persuaded not to impose a conviction in this instance.
The client was ultimately placed on a Community Corrections Order without conviction for the charge of Indecent Assault. This order was to take effect for a period of 18 months. Over this time, he was to complete a set number of hours for unpaid community work and, most especially, to participate in alcohol treatment and programs designed to reduce the risk of reoffending.
Elements of Indecent Assault:
- The accused assaulted a person.
- The accused committed said assault intentionally.
- The accused had no lawful justification for committing said assault.
- The assault was committed under indecent circumstances.
- The accused was aware that the person is not consenting or might not be consenting, or that the accused was not giving any thought to whether the person is not consenting or might not be consenting.
Other related case studies:
- Indecent Assault – Dismissed
- Indecent Assault – Without Conviction Good Behaviour Bond
- Indecent Assault – Acquitted
- Indecent Assault – Charge Reduced, Diversion
- Indecent Assault – Charges Withdrawn
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience. You can also find her on Google+.
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 09/01/2019