June 29, 2018

Suspended sentence for historical sexual assault charges: Client SMP

Client charged with historical sexual assault offences

SMP was charged with 3 counts of assault with an act of indecency that occurred in the 1980s towards his step-sister who was 10 years old at the time. After pleading guilty to the charges, O’Brien Criminal & Civil Solicitors represented SMP in his sentencing hearing at Downing Centre Local Court. The Magistrate faced several difficulties in sentencing SMP given that the incidents occurred when the law on sexual assault was different, and that SMP was a juvenile at the time of the offences.

Client avoids a sentence of imprisonment after successful defence case

The Magistrate attempted to balance the aggravated nature of the offence and the mitigating circumstances including the client’s good character, his remorse, and his good prospects for rehabilitation. It was argued that a sentence of full time imprisonment would have significant consequences on SMP’s family given that he was a father of three children. The Magistrate took this into consideration and imposed a suspended sentence instead of a term of imprisonment.

If you have been charged with sexual assault related offences, speak to O’Brien Criminal & Civil Solicitors who are experts in defending clients against such charges. Call us on (02) 9261 4281.