The client was charged with sexual penetration of a child under 16 years, as well as indecent act with a child under 16 years. The client and the complainant were step-brothers. The offending occurred when the client was aged 13 to 14 years of age, and the complainant aged 8 to 9 years. Because the complainant was aged under 10 years at the time of the offending, the maximum penalty is 25 years’ imprisonment. The offending alleged included oral sex, anal penetration, and masturbation.
We represented the client at the Bendigo County Court.
The client was aged 19 at the time of sentencing. He had had no subsequent Court appearances since the offending occurred. He was employed full time and undertaking an apprenticeship. His parents were supportive of him, and he had engaged in psychological treatment to deal with issues of depression, anxiety, and anger relating to the pending Court process. The Judge was of the opinion that he had good prospects of rehabilitation, given his lack of subsequent Court appearances and his age; he was also of the opinion that he ought not interfere with his employment as an apprentice. He received a total effective sentence of 14 months, which was wholly suspended for 2 years. Given his age at the time of the offending, the Judge exercised his discretion in not placing the client on the Sex Offenders Register.
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