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Written by
Paul McClure
Criminal Defence Lawyer


Sexual Offences
A Case Study: Sexual penetration of a child under 16 years, plea in the County Court
Date: 9/1/2009
7287

The Name of the Offence


Indecent act with a child under 16 years

Place of the event


Northcote

The court attended


Melbourne County Court
Acting Solicitor: Paul McClure

Facts of the Case


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.

Results Achieved


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a plea of guilty to three counts of indecent act with of a child under 16 years, and the sexual penetration counts were withdrawn.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.
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