A 30 year old man from Tamworth was charged with Aggravated Sexual Intercourse and Aggravated Indecent Assault after he attended the police station and made admissions to sexually assaulting a younger male with a disability many years ago. The younger male was at that time deceased.
His admissions were made without speaking to a lawyer, and on a voluntary basis.
Despite very detailed admissions being recorded by police, Ms Regan successfully negotiated the withdrawal of one of the charges laid against him to have our client in a better position for his sentencing hearing.
Once negotiated, our client’s best option was to plead guilty early to get the full extent of the sentencing discount and begin early preparations for sentence. Numerous materials were obtained on our client’s behalf showing his otherwise exceptional character, his community and religious engagement and support from family members.
Persuasive and extensive submissions were made to the court in relation to his mitigating factors and the unusual but exceptional circumstances of the case.
Usually, for serious offences such as this, a court would impose a term of full time imprisonment given the very severe nature. This is overwhelmingly the result on a Plea of Guilty to this offence.
Extraordinarily, the Judge of Tamworth District Court was convinced not to send Ms Regan’s client to any time in jail. Instead, he received a Conditional Release order with conviction. This was an exceptional result – one of which only a very minor percentage of persons in NSW have ever received for this type of offending.
