The Court: Dandenong Magistrates Court
The Lawyer: Daniel Walsh
The Charges:
- Producing Child Abuse Material
- Stalking
- Maintaining an Optical Surveillance Device
The Allegations:
The client was a 40-year-old male who resided with his partner and her children. The client was setting up an iPad in the bedroom of his stepdaughter, who was a minor, intending to record her after she had finished in the shower. The client had attempted to do this on several occasions. On one occasion, the victim noticed the iPad, deleted the images and was extremely stressed and upset.
The victim subsequently told her mother what had happened, and her mother later reported the matter to the police. The client was arrested and charged with Producing Child Abuse Material, Stalking and Maintaining an Optical Surveillance Device. During his recorded interview, the client made full and frank admissions to the offences and further admitted to an earlier, similar incident, which was not previously known to anyone else.
At Court:
Our solicitor attended court with the client and conducted a summary case conference with the prosecutor, where the charges were resolved as follows: a plea of guilty to one charge of Producing Child Pornography, one charge of Stalking, and one charge of Maintaining an Optical Surveillance Device.
Our solicitor assisted the client in obtaining comprehensive plea material, including a forensic psychologist’s report, a clinical psychologist’s report and several personal references. Despite this, the Magistrate wanted to imprison the client given the serious nature of the offences. Following submissions and with the assistance of the reports, the Magistrate was persuaded to give the client one opportunity to remain in the community.
The Outcome:
The client received a 12-month Community Correction Order with a condition relating to the Sex Offender Program. He received no work hours attached to the order. He was also placed on the Sex Offenders Register for 8 years (the minimum period). It was a great outcome given the serious nature of the charges.
