Breach of section 46 of the Sex Offenders Registration Act. Listed at the Melbourne Magistrates’ Court.
It was alleged that the client had failed to notify the police that he had ceased working for a particular employer, one of the requirement of the Act. The client denied this, however unfortunately he did not have any evidence of informing them, such as phone records or an accurate recollection of who had spoken to.
The client had previously breached the Act three times, which put him in a precarious position. If he took the matter to contested hearing and lost he would most certainly go to prison. Taking these facts into account, the client instructed us to seek an indication from the Magistrate (i.e. get an indication of the probable outcome).
Submissions were made to the Magistrate in relation to the potential defence and the low level of the breach before the Court. The Magistrate was keen to finalise the matter and offered to impose a fine with conviction which was a surprising indication, but was very well-received by the client.