Use Carriage Service Sex Offences With Child Under 16

Our client sent Facebook messages to his 13-year old first cousin of an indecent nature. The messages included discussion of how to engage in oral sex and a description of himself masturbating.

He was charged with using a telecommunications service to procure a person under 16 years, using a telecommunications service to groom a person under 16 years, and using a telecommunication service to engage in sexual activity with a child under 16 years. These are strictly indictable charges which must be heard and determined in the County Court, and which can carry significant terms of imprisonment by way of punishment on a finding of guilt.

We represented the client at the Melbourne Magistrates’ Court.

We managed to negotiate with the Commonwealth prosecutors to have our client plead to a much lesser charge of using a telecommunications service to transmit indecent material to a child under 16. This charge was able to be heard and determined in the Magistrates’ Court rather than in the County Court.

A plea of guilty was conducted in the Magistrates’ Court and evidence was called from our client’s treating psychologist. The Magistrate was persuaded to impose a wholly suspended jail sentence and our client went home. Having the matter heard in the Magistrates’ Court saved our client a significant amount of money and also helped him to avoid a jail term.


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