US was charged with two sexual offences, namely, ‘Sexually touch another person without consent’, contrary to section 61KC(a) Crimes Act 1900, and ‘Intentionally sexually touch child 10 years or older and under 16 years’, contrary to section 66DB(a) Crimes Act 1900.
Prior to the Hearing commencing, Chris Cole entered a without prejudice discussion with the Office of the Director of Public Prosecutions (ODPP) concerning possibly resolving the matter without needing to proceed to a defended Hearing. Chris successfully negotiated that both matters were to be withdrawn in exchange of a plea of guilty to a single count of ‘Common Assault’, contrary to section 61 Crimes Act. The Facts on Sentence were amended to reflect the amended offence.
At Sentence, Chris tendered various subjective materials and made oral submissions on behalf of US. Ultimately, the Sentencing Magistrate sentenced US to a Conditional Release Order, without conviction, for 2 years. A Final AVO was also issued.
This is an excellent result for US, particularly noting there is no conviction and the plea of guilty to the common assault charge does not attract registration on the Child Protection Register.