This is a case study on fine without conviction for Fail to Comply With Reporting Obligation Under SOR.
Our client had previously pleaded guilty to offences of a sexual nature, and was sentenced to a term of imprisonment and a Community Corrections Order upon his release. He was also placed on the Sex Offender Register (SOR) for a period of 15 years. He had been out of custody for two years. The client came to see Kristina after he received a charge of Fail to Comply With Reporting Obligation Under SOR. It was alleged that he bought a new vehicle but did not inform the police within the required timeframe.
Kristina Kothrakis acted on the client's behalf at the Ringwood Magistrates' Court.
The courts view breaches of the SOR very seriously. It is very important that each breach, no matter how minor it may seem, is taken very seriously - particularly when the original offending was of a serious nature.
In this instance, the client provided instructions about why he failed to report the car. He had said that he had bought the car in an unroadworthy, unregistered state, with the intention of fixing it up himself. Fixing cars was a hobby of his. Slowly, over a period of a couple of months, he fixed the car so that it was operational. He then had it registered but totally forgot to inform Victoria Police of that fact. He explained that it was an inadvertent error.
The matter proceeded as a plea of guilty. This case eventually resulted in a fine without conviction for Fail to Comply With Reporting Obligation Under SOR.
In order for the magistrate to accept that this was simply an error, it was important to demonstrate his previous history of compliance. Kristina had the client outline the many instances he reported changes properly. Further, the fact that he had registered the vehicle demonstrated that he was not attempting to distance himself from the vehicle, or hide from authorities.
The client was also a man who was extremely open with his large network of friends about his previous offending. Kristina was able to tender over 10 character references which all spoke very highly of the client, and who all spoke of the impressive characteristics he possessed. Despite the offending, they were all proud to call him a friend. He was a professional and educated man who had learned from this error, and had put mechanisms in place to avoid a similar thing occurring again.
The magistrate accepted the submission that it was inadvertent, praised the client for being a man of apparent integrity, and commented that he considered it unlikely that the client would ever come back again. A fine without conviction for Fail to Comply With Reporting Obligation Under SOR was imposed. This was an excellent outcome for the client.
- 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.
Other related case studies:
- Failing to Comply With Reporting Obligations – Fine
- Fail to Comply With Reporting Conditions Sex Offenders Register – Fine
- Sex Offender Registry – Failure to Comply – Fine
- Failing to Comply With Reporting Conditions Under SORA – With Relevant Priors
- Fail to Comply With Reporting Obligations – Good Behaviour Bond
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 18/02/2019