Young People and Sexual Offending
Case Overview
Following a lengthy police investigation, our client was charged with grooming offences arising from an alleged relationship with a child conducted predominantly via social media and telephone communication. The circumstances were unusual in that a family member of the complainant was also charged and proceeded as a co-accused in the matter.
The prosecution case focused on our client’s direct communications with the child, in circumstances where it was alleged those interactions were known to, supported by, and facilitated by the co-accused. The alleged conduct of the co-accused formed an important contextual feature of the prosecution case.
Defence Strategy
There was limited prospect of avoiding a finding of guilt given the strength of the prosecution evidence, which included a substantial volume of direct communications between the parties. From an early stage, the matter proceeded on the basis of a plea.
Our client was a young person who, on the material available, appeared to have been vulnerable to influence and direction from the co-accused, who was significantly older and in a position of authority within the relevant circumstances. This created a clear issue as to relative culpability between the co-accused and our client.
The central focus of the plea was to ensure that the Court properly understood the disparity in responsibility between the two offenders. It was necessary to carefully analyse the communications and collate material beyond the brief in order to demonstrate the differing levels of influence, control, and moral responsibility. This distinction was critical to the sentencing outcome sought on behalf of our client.
Conclusion
The ability to clearly articulate the respective roles of each accused was of central importance on the plea. We were ultimately successful in submitting that, notwithstanding the seriousness of the offending, there was a marked difference in culpability that justified a significant distinction in sentencing outcomes.
The co-accused received a term of imprisonment, whereas our client received a non-custodial sentence and avoided the recording of a conviction. Matters involving young people charged with sexual offences require careful early assessment and strategic positioning from the outset in order to achieve the most favourable outcome available in the circumstances.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.