This is a case study on a charge of Fail to Comply With Reporting Obligations resulting in a good behaviour bond.
What is alleged to have occured?
Our client was a registered sex offender who had been placed on the register five years ago for indecent exposure. As part of being a registered offender, he was obliged to report his travel interstate and his return from travel. He reported his intention to travel interstate for three days, but failed to report his return once he came back to Victoria. This was a genuine mistake on his part. He was charged with failing to comply with his reporting obligations.
What happened at court?
We represented the client at the Melbourne Magistrates’ Court for the charge of Fail to Comply with Reporting Obligations.
Submissions were made on behalf of the client. We highlighted the fact that the client had shown exemplary compliance during his five years on the register, that there had been no further offending since he was sentenced for his registrable offences, that he pleaded guilty at the first opportunity, and that he had made a genuine mistake. We also pointed out that the client cooperated fully with the police.
What was the result?
This case of Fail to Comply With Reporting Obligations resulted in a 3-month good behaviour bond. This was a great result which accurately reflected the gravity of the offending. The client was grateful that the magistrate recognised that he had a genuine oversight.
Elements of Fail to Comply With Reporting Obligations:
What is alleged to have occured?
Our client was a registered sex offender who had been placed on the register five years ago for indecent exposure. As part of being a registered offender, he was obliged to report his travel interstate and his return from travel. He reported his intention to travel interstate for three days, but failed to report his return once he came back to Victoria. This was a genuine mistake on his part. He was charged with failing to comply with his reporting obligations.
What happened at court?
We represented the client at the Melbourne Magistrates’ Court for the charge of Fail to Comply with Reporting Obligations.
Submissions were made on behalf of the client. We highlighted the fact that the client had shown exemplary compliance during his five years on the register, that there had been no further offending since he was sentenced for his registrable offences, that he pleaded guilty at the first opportunity, and that he had made a genuine mistake. We also pointed out that the client cooperated fully with the police.
What was the result?
This case of Fail to Comply With Reporting Obligations resulted in a 3-month good behaviour bond. This was a great result which accurately reflected the gravity of the offending. The client was grateful that the magistrate recognised that he had a genuine oversight.
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.
- Good Behaviour Bond for Failing to Comply With Reporting Obligations
- Failing to Comply With Reporting Obligations – Fine
- Sex Offender Registry – Failure to Comply – Fine
- Fail to Comply With Reporting Conditions Sex Offenders Register – Fine
- Accused on Remand for Failing to Comply With Reporting Obligations
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 08/02/2019
