Indecent Assault – CBO, No Conviction
The accused was a 28 year old with no prior Court appearances. He was charged with indecent assault after he had attended a local shopping centre with his wife (who was shopping), followed a girl outside and touched her on the breast.
The accused pleaded guilty to the single charge of Indecent Assault, and the Court was told that prior to attending the shopping centre with his wife, he had seen his doctor for treatment for his migraines, which he suffered from regularly. We represented the client at the Dandenong Magistrates’ Court.
A psychological report was tendered to the Court which opined that the accused presented a low risk of re-offending in this way. Despite the seriousness of the offending, the Magistrate did not record a conviction, given that it was the accused man’s first appearance before the Court. She placed him on a 2 year Community Based Order (CBO), and ordered him to do the sex offenders program as part of the order. She did not think that the offending warranted placing the accused on the Sex Offender Register, and made no order in relation to that.
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 25/02/2013