Sexual Assault – Adjourned Undertaking, Without Conviction

This is a case study on a charge of Sexual Assault resulting in an adjourned undertaking without conviction.
The offence was allegedly committed by a young man who had never been in trouble before. He was represented by Hester Kelly at the Heidelberg Magistrates’ Court.
The matter proceeded as a plea and amendments were made to the summary. Hester encouraged the magistrate to release the client on an adjourned undertaking (a good behaviour bond), taking into account his age and the significant steps he had taken since the offending.
His Honour ultimately imposed a good behaviour bond (without conviction) and the client was able to avoid being placed on the sex offender register. The latter was a crucial part of the sentence as being placed on the register can have very far reaching consequences, particularly for a young person.

It was an excellent result. This particular case of Sexual Assault resulting in an adjourned undertaking was made possible by immediately referring the client to a specialised forensic psychologist and obtaining an expert report. We were also able to gain references from other people in the client’s life.

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.

View Hester Kelly’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 08/05/2018