In 2022 our client was arrested by the Australian Federal Police and charged with the following offences:
The maximum penalty for each offence is 15 years imprisonment.
Our client immediately sought legal advice due to the serious nature of the charges. Because they were serious charges, they were required to be dealt with in the NSW District Court, after going through what is commonly known as the EAGP process.
Throughout the EAGP process, our criminal lawyers engaged in ongoing negotiations with the ODPP. Our criminal lawyers aim was to ensure that the charges and facts reflected the evidence against our client, and that our client was treated fairly.
After negotiating the withdrawal of one of the charges as there was no evidence to support the charge, and making significant changes to the facts, our client pleaded guilty to each of the offences.
On 14 December 2023 our client came before the NSW District Court at the Sydney Downing Centre for sentence. During the sentence proceedings, our client chose to give evidence in Court. Our client was cross examined about his remorse, his rehabilitation and about his appreciation for the seriousness of the offences. After lengthy evidence, the Court had some reservations about our client and invited our client to continue treatment in the community for 5 more months, before being sentenced.
Our client then returned to Court on 5 May 2024, for his sentence. On that date, our client again gave evidence. Our client spoke about his continued attendance at his psychologist and his treatment of the the underlying causes to his serious offending, as well as other steps he had taken towards his rehabilitation.
After hearing the defence submissions, his Honour ultimately agreed that our client should not be sent to jail. The Judge found that although the offences were serious, they were not as serious as the type of cases that he usually sees. The Judge also found that our client had a good subjective case, and although he initially had some reservations, was ultimately satisfied that our client had good prospects of rehabilitating himself.
The Judge then sentenced our client to a penalty other than full time imprisonment. The Judge ordered that our client serve his punishment in the community on the basis that he continue his psychological treatment. If our client did not continue his treatment, he would be re-sentenced by the Judge.
For further information, see: Child abuse case: Ex-law firm partner to be sentenced over child abuse material, the Sydney Morning Herald, 28 December 2023.
