Our client was living overseas and was extradited and charged with Commonwealth offences of:
- using a carriage service to access child pornography
- using a carriage service in a way that was offensive, and
- two counts of committing an indecent act on a person under the age of 16 years
It was alleged that he had committed these offences against his children.
At the time, the maximum penalty for each of the first two offences was three years imprisonment. The maximum penalty for each of the offences of committing an indecent act was 15 years imprisonment. Ordinarily, these charges would have been dealt with in the District Court of South Australia and would have resulted in a term of imprisonment being imposed.
We were able to negotiate with prosecution to have the charges of committing an indecent act amended to committing indecent acts under state laws. At the time, those amended charges had a maximum penalty of three years imprisonment. This meant that the charges were able to be dealt with in the Magistrates Court.
Our client was sentenced to 2 years and 11 months imprisonment, but that sentence was suspended upon him entering in to a bond to be of good behaviour for a period of three years.