Guilty Plea to Indecent Assault – No Conviction

This is a case study on a guilty plea to Indecent Assault that resulted in a fine with no conviction.

What is alleged to have occured?
The complainant in this matter was the younger cousin of our client. At the time of the alleged offence, our client was 16 years old. He was charged with two counts of Indecent Assault which included allegations of digital penetration. By the time the matter came to court, our client was already an adult and he was not able to have the case heard in the Children’s Court.

Our client admitted the conduct which would have amounted to an Indecent Assault, yet denied that any penetration occurred, which would have been seen by the Court as a significant aggravating factor in sentencing. In an attempt to resolve the matter, it was booked in for a Contest Mention. At the Contest Mention, the Police Prosecution ultimately agreed to delete the allegations of penetration and the matter resolved to a plea of guilty.

What happened at court?
We acted on the client’s behalf at the Heidelberg Magistrates’ Court.

The matter proceeded by way of a plea of guilty and the amended Police summary was read to the court. Defence then made submissions on behalf of the client as to the penalty and a psychological report and character references were tendered on his behalf.

What was the result?
After hearing the submissions, the magistrate agreed to impose a financial penalty only and our client was fined a sum of $1,500. Most importantly, despite the guilty plea to Indecent Assault, no conviction was recorded and her Honour also accepted the submission that the client not be placed on the Sex Offender Register. An application made by police to retain the client’s DNA was also successfully opposed, with Her Honour ultimately refusing the application.

Andrew GeorgeAndrew George

Andrew has over 25 years experience as a criminal lawyer and has been an Accredited Criminal Law Specialist since 1995. As Partner of Doogue + George, Andrew oversees all matters run out of the Sunshine office as a commitment to ensuring that your case has a proper and fair hearing to ensure the best outcome possible. Andrew has spent most of his career representing Melbourne’s western suburbs and has a commitment to the working people of Victoria. His experience includes providing criminal defence for a client during IBAC's first major prosecution, Operation Fitzroy.

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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 05/04/2017