Filming Of Private Parts Without Consent IS An Offence
Sutherland Local Court
Represented by solicitor and criminal defence lawyer
Case Facts: Our client was under significant work related stress, and had for a period of time been drinking excessively to deal with this. He was seen one morning at a train station by a passer by apparently holding an iPhone underneath the dress of a woman as he followed her up a flight of stairs. He was stopped and questioned, and it was immediately apparent that he had been filming up the woman’s dress. Police were called and he was arrested and charged with the offence of filming a person’s private parts without consent. This offence carries a maximum penalty of 2 years in gaol. He had no previous criminal record, and had been an active member in the community for many years. The matter proceeded to Sutherland Local Court for sentencing.
Case Result A detailed psychiatric report was prepared which outlined the factors which led to the client’s out of character behaviour. It was apparent from this evidence that the offence seemingly lacked an explanation, and was attributed to his underlying mental health problems. Given the nature of the offence, there was a likelihood that a custodial penalty might be imposed. However taking into account all of the factors raised in the psychiatric report, and numerous character testimonials which showed that he was a person of otherwise good character, he was released under a good behaviour bond pursuant to section 9 of the Crimes (Sentencing Procedure) Act 1999, conditional upon him continuing to seek guidance for psychiatric issues, and substance abuse problems.
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