Procuring Sexual Penetration of a Child – Recognisance, CCO
Our client engaged in sexual activity over the internet with a minor and also penetrative sex. He was charged with multiple counts of Procuring Sexual Penetration of a Child
We represented the client at the Melbourne County Court
In the normal circumstances, these offences would demand a lengthy term of imprisonment. But our client had unique circumstances and a mental health disorder that meant a custodial term of imprisonment would have been catastrophic. He would have been extremely vulnerable in custody.
Each stage of the process played a significant role in achieving a non custodial sentence:
- Upon meeting the client, we referred him to counselling and by the time of the plea hearing, he had demonstrated greater insight into the offending and his prospects of re-offending had been reduced.
- We negotiated a resolution of the charges which meant that the most serious charge was withdrawn and we were able to have the number of charges reduced by having them rolled up / turned into representative counts.
- We obtained an expert report to provide an assessment of our client for the court which was tendered at the plea along with the treating clinician’s report. Both made it clear to the court that a custodial sentence would be harmful to our client’s future.
- Numerous character references were obtained in support of our client outlining the difficulties he has had with his disorder and his otherwise excellent character.
- We met with the client and his family regularly before the plea and briefed the Queens Counsel for the hearing.
This ensured that our client had the best chance of avoiding a custodial sentence.
The Judge ultimately imposed a 3-year recognisance order to be of good behaviour with a security of $1,000 and a term of imprisonment of 9 months which will only have to be paid/served if our client commits further offences in the next three years. For the other charges, our client was ordered to complete a 3-year Community Corrections Order with conditions of supervision, treatment and rehabilitation.
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 21/07/2015