Man avoids prison over indecent assault of family member
THE court heard the man suffered from a degenerative condition and was "extremely remorseful” for his actions.
Lismore
Don't miss out on the headlines from Lismore. Followed categories will be added to My News.
A NORTHERN Rivers man who indecently assaulted a young relative has avoided time behind bars.
The 63-year-old, who cannot be named, faced Lismore Local Court for sentencing on Tuesday.
The man, who suffers from a deteriorating health condition and sat in his wheelchair in the public gallery with family, had pleaded guilty to four counts of indecently assaulting a person under 16.
The court heard the offences involved "inappropriate touching and kissing” of his step-granddaughter, all on the same day in October, 2018.
Solicitor Zoe Hunter told the court a sentencing assessment report couldn't properly detail her client's risk of future offending due to his deteriorating health.
Mr Hunter argued her client would pose a low risk of further offending as he was living in an aged care facility which had significant monitoring and which he could not leave of his own volition.
"There are no children that are around (him) at any time,” Ms Hunter said.
Ms Hunter said the man reported having "urges” he had otherwise been able to resist and was "extremely remorseful” for his actions.
She told the court her client felt "as if someone was pushing him and something had snapped”.
"He said 'I wish I could rectify it, I wish I could turn back time and take it back',” she said.
Prosecutor Clare Magni said an aggravating factor of the man's offending was that the incidents took place within the victim's own home and that, through his actions, the man "abused a position of trust and authority”.
The court heard an apprehended violence order was already protecting the victim, who was ten years old at the time of the offences, but Ms Magni expressed concerns about other children who may visit the aged care facility.
Magistrate Annette Sinclair took into account the man's early pleas of guilty.
Ms Sinclair found his suitability for a sentence that would act as a deterrent, or for the denunciation of such offending, was tempered by his deteriorating physical and cognitive state.
She convicted the man of each offence and sentenced him to an 18 month community corrections order.