Our client was charged with multiple charges of produce intimate image in Melbourne as well as a charge of sexual assault, making a sentence of imprisonment to be within range for the offending behaviour. We represented the client at the Melbourne Magistrates’ Court ultimately leading to an excellent outcome.
What is alleged to have occurred?
Following an allegation of sexual assault made against our client by a housemate, a search warrant was executed at the home. Numerous hidden cameras were located throughout the house, including in the bathroom and shower area. Our client was charged with multiple offences of produce intimate image, as well as sexual assault.
At the time of taking instructions, it became apparent that our client was deeply distressed by the circumstances, the overwhelming nature of the Court process and the potential outcome of the case.
Importantly, our client was referred for counselling at a very early stage. Prior to finalisation of the case, the client engaged in regular and meaningful psychological treatment to begin to address the underlying cause of the offending behaviour. As a direct result of that treatment, our client was also assessed and diagnosed with Autism Spectrum Disorder (‘ASD’).
What happened at court?
Following lengthy discussions with the prosecution over multiple court dates, the case ultimately resolved with important concessions by police. Several charges of produce intimate image were rolled up into two representative charges, and the basis of the sexual assault was agreed to on the basis of kissing alone, rather than a more serious example of the offence. A victim impact statement was read to the Court.
With no family in Australia, our client attended court with two support people from their community. Written submissions were provided to the court outlining the circumstances of the offending, our client’s complex personal circumstances and submissions on sentence. Multiple psychological reports were tendered to the court demonstrating our client’s mental health struggles over many years. A recent ASD diagnostic report was also tendered. Character references were provided to the court which spoke very highly of our client’s contributions to the community, the client’s strong work ethic and otherwise good character.
The serious nature of the offending was conceded. Submissions were centred on our client’s genuine remorse for the offending, the significant mental health journey and the further treatment our client was committed to receiving.
What was the result of the charges of sexual assault and produce intimate image in Melbourne?
Our client was sentenced to a Community Corrections Order for a period of 18 months, with special conditions that the client complete 50 community work hours (well below the maximum work hours that can be imposed by a court on sentence) and participate in treatment for mental health and offending programs. The sentencing Magistrate also ordered that the 50 hours of counselling could be counted towards the community work hours (meaning that if our client attends 50 hours of counselling within the 18-month operational period, this may count as completed community work hours). Our lawyer was successful in ensuring that our client received a non-custodial outcome, and in all the circumstances, this was an exceptionally favourable outcome.
The conviction also did not result in our client’s registration as a sex offender.
Kate Da Costa
Kate is one of our Partners and is part of our Sunshine team. She regularly represents clients at the Sunshine Magistrates' Court for various criminal legal issues.Admitted to legal practice in 2002, Kate has since been working exclusively in the field of criminal law. She has experience in all Victorian criminal law jurisdictions including in the High Court of Australia.
View Kate Da Costa's profile.
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 22/04/2025
