Fail to Comply With Reporting Obligations – Fine, With Conviction

Police StationThis is a case study on Fail to Comply With Reporting Obligations resulting in a fine with conviction.

Our client was previously sentenced in relation to sexual offending and was placed on the Sex Offender Register for a period of 8 years. He had completed nearly two years, to date. He came to us after having been charged with breaching his reporting obligations under the Sex Offender Register. The charge was that he failed to report his intended absence from Victoria at least 7 days prior to travel.

Kristina Kothrakis represented the client at the Moorabbin Justice Centre. The exact charge was Failing to Comply With Reporting Obligations.

Breaches of the Sex Offender Register are prosecuted in each instance, regardless of how minor the breach appears to be. There is a provision in the Sex Offender Registration Act which says that if it is unpracticable for the person to give 7 days notice, then 24 hours will be considered satisfactory.

In this case, the client was intending on going interstate with his son to attend a football match. He was not able to report his intended return date because a potential business opportunity in that state had arisen, and he was awaiting further instruction.

By the time the information was finally received and the client knew of his confirmed travel plans, he had only given 23 hours notice. He fell just shy of a defence to the charge. This illustrates just how little prosecutorial discretion Victoria Police exercise with these sorts of matters.

In court, it was important for Kristina to properly set out the chronology of events which contributed to the client’s failure to properly report, so that the magistrate can fully understand the level of breach they were dealing with. The client was otherwise a professional man, a husband, and a father who was trying his utmost to move past what was a very difficult chapter in his life. He was very pleased that the relevant information was conveyed effectively and that the magistrate imposed a very low penalty.

For this case of Fail to Comply With Reporting Obligations, a fine was imposed with conviction.
 

Elements of Fail to Comply With Reporting Obligations:

  • The accused is a registrable sex offender; and
  • The accused failed to comply with any of the registrable offender’s reporting obligations (other than reporting obligations in respect of details to which section 14 of the Sex Offender Registration Act applies); or
  • The accused failed to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(d), (da), (db), (dc), (dd), (e), (ea), (f), (g), (j), (k) or (m) of the Sex Offender Registration Act applies); or
  • The accused failed to comply with any of the registrable offender’s reporting obligations in respect of details to which section 14(1)(a), (b), (c), (h), (i) or (l) of the Sex Offender Registration Act applies; and
  • The accused had no reasonable excuse for the non-compliance.

 
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Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

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.
 


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 30/04/2019