Sexual and Assault Charges – CCO

Woman's Arm Being GrabbedThis is a case study on sexual and assault charges resulting in a Community Corrections Order (CCO).

Our client was charged with sexual offending against a number of complainants that occurred at a function. The matter commenced as a filing hearing and went through a committal hearing before resolving to a plea of guilty prior to a trial.

At the plea hearing, the client was represented by a senior counsel, with a junior counsel and instructing solicitor also providing invaluable knowledge and
support throughout.

The matter was heard at the Melbourne County Court and Hester Kelly acted on the client’s behalf. The charges were:

Ultimately, the client received a community correction order with a number of conditions (including community work and treatment conditions). This was an excellent result as our client was able to avoid a custodial sentence.

The result accurately reflected the circumstances of the offending and our client’s powerful mitigatory personal circumstances. It was achieved through careful preparation by all involved.

Preparation began right from the time of interview and continued throughout the long period between the initial charge and the ultimate sentence. This included appropriate referrals for our client early on in the piece.

Further, engaging the senior counsel allowed our client to obtain the best possible outcome in this case of sexual and assault charges.
 

Elements of Sexual Assault:

  • The accused must have intentionally touched another person;
  • The touching must be sexual;
  • The other person must not have consented to the touching; and
  • The accused must have not reasonably believed that the other person consented to the touching.

 
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Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

Visit this page to know more about Hester.
 


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 03/10/2019