Indecent Act With Child Under 16 – With Similar Prior

This is a case study on charges of Indecent Act With Child Under 16 with a similar prior.
Our client was charged with behaving inappropriately towards a child under the age of 16 in a shopping centre. The accusations against the client included touching the backside of the child and masturbating whilst at the shopping centre. It took well over a year for the client to receive the charges and in the intervening period, another brief of evidence was received for an almost identical offending.

The complicating factor was that the client had been placed onto a Community Based Order for this exact offending in the past. This means that the client was at a very real risk of receiving imprisonment.

We acted on the client’s behalf at the Werribee Magistrates’ Court on charges of Indecent Act With Child Under 16.

The matter proceeded as a plea of guilty and we assisted the client during the plea a few months earlier. He had linked the client in with appropriate referral and treatment needs with psychologists. The client continued to engage excellently with the treatment and very positive material was provided by the psychologist in relation to the progress the client was making. This was an excellent outcome for a case of Indecent Act With Child Under 16 with a similar prior.

Ultimately, we were able to tailor appropriate submissions around the positive reports tendered to the court that resulted in the client not receiving a period of imprisonment, and therefore being in a position to continue to undertake the very positive rehabilitative steps that the client had already started to take.

This meant that apart from the obvious benefit of not going to jail, our client was able to continue to hold down full time employment and to continue to be a parent to the client’s two young children. This was something the client was very worried may be at risk had a period of imprisonment was imposed.

On some of the charges, the client was convicted and placed onto a 12-month Community Corrections Order with only a condition of completing 75 hours of unpaid community work. On the remaining charge, the client was also convicted and placed onto an adjourned undertaking for a period of 12 months, with two conditions: to be of good behaviour and to continue to engage with his treatment.

This was an excellent result especially considering that this is a case of Indecent Act With Child Under 16 with a similar prior.
Elements of Indecent Act In the Presence of a Child Under the Age of 16:

  • The accused committed or was party to the commission of the act.
  • The accused did so wilfully.
  • The act was indecent.
  • The accused committed the act in the presence of the complainant.
  • The complainant was under the age of 16 years.

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 30/09/2019