Sexual Penetration of a Child Under 16 Years, Plea in the County Court

The client was originally charged with two counts of sexual penetration of a child under 16 years, and eight counts of indecent act with a child under 16 years. Both the client and the complainant were intellectually disabled.

We represented the client at the Melbourne County Court.

Following a committal hearing, the Office of Public Prosecutions agreed to accept a plea of guilty to three counts of indecent act with of a child under 16 years, and the sexual penetration counts were withdrawn. At the plea hearing, it was submitted that the client’s profound intellectual disability meant that the sentence ought not make issues of specific and general deterrence of prime importance, and that rehabilitation was the important consideration in this case. The client was assessed by the Department of Human Services as being eligible for a Justice Plan, and was ordered to undertake a 2 year Community Based Order (CBO), with the condition that he participate in services specified by the Justice Plan.

 


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 25/02/2013