Our client was charged with using a carriage service to groom a child under 16 years of age for sex, contrary to Section 474.27(1) of the Criminal Code Act 1995 (Cth).
This is a serious offence which carries a maximum penalty of 12 years imprisonment.
The victim and our client had known each other through family friends and the victim had sent a ‘friend request’ to our client through Facebook. After many friendly conversations, our client and the victim began discussing each other’s appearance and complementing each other. Our client, on one occasion, made a suggestion that he and the victim should meet to touch each other. A situation that never eventuated. However, nevertheless constituted a serious offence.
Our client pleaded guilty and was committed for sentence in the District Court before Her Honour Judge Flannery.
Fortunately, our solicitors had organised a psychologist, who we recommend highly to prepare a psychological report which assessed our client as being of a very low risk of re-offending. This greatly assisted our client as the full pre-sentence report prepared by probation and parole, using what our barrister highlighted as being an unreliable forensic test, measured our client risk as being moderate to high.
Our solicitor assisted our client to start undertaking rehabilitation in the form of counselling which was recommended by the forensic psychologist who prepared his report. This greatly assisted our client’s case as it gave Her Honour proof that our client was proactive in his rehabilitation and had strong prospects of rehabilitation.
Our client was sentenced under the Crimes Act 1914 (Cth) and received a suspended sentence for a period of 12 months upon entering a 2 year recognizance period which required him to be of good behaviour. He was required to accept the supervision of Probation and Parole and attend such forensic psychological services as directed by Probation and Parole.