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. These were towards his step-sister who was 10 years old at the time. Her young age made the charges aggravated ones.
After pleading guilty to the charges, O’Brien Criminal & Civil Solicitors represented SMP in his sentencing hearing at Downing Centre Local Court. However, the Magistrate faced several difficulties in sentencing SMP because the incidents occurred when the law on sexual assault was different. SMP was also 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.
Also, the sexual assault lawyers 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. Consequently, the Magistrate took this into consideration and imposed a suspended sentence instead of a term of imprisonment.
If you’re facing charges of sexual assault related offences, speak to O’Brien Criminal & Civil Solicitors who are experts in defending clients. Call us on (02) 9261 4281.