Detention for indecency

Press, 18 October 1980, Page 4

Detention for indecency

I A man who appeared for, (sentence in the DistrictCourt yesterday on charges! of indecently assaulting a i girl aged 13, and of assaulting a constable who was investigating the indecency complaint, was told by ■ Judge Pain that his part in: the episode involving the 11 girl could not be excused. i< The Judge imposed a sen-[' tence of five months period-f ic detention on Brian George McAllister, aged 27. unem- ’ ployed, and placed him on probation for 15 months. ■ The defendant had been:, convicted after a defended:, hearing a.fortnight ago. The!' Judge had then criticised | several adults for involving j the girl, who had been baby- , sitting in the house earlier, in an evening with a “strong . emphasis on nudity and mat- j tens of sex.” < Imposing sentence yester- ; day, the Judge said the of- j fence, involving a young child, would normally war- j rant a custodial sentence. t

However, • he took into account that the defendant had not been responsible for the girl’s presence. at the house: the indecent assault involved "only minimal interference and* was not of a

grave sexual nature; and the

iactions of another person in I the incident were probably I more culpable than the defendant’s. $lOB4 RESTITUTION Offences in which a youth wilfully damaged clothing valued at $1084.20 in a city store while he was employed i there had occurred more as la result of a serious emotional disturbance than any {other factor, said the Judge. 1 The youth was appearing for sentence on charges of wilfully setting fire to 15 shirts in a rack in July, and wilful damage to nine pairs 'of trousers between May land July. He had denied the offences when the. case was heard early this month, but was convicted on both. The Judge yesterday made.: a final order for suppression! of the defendant’s name,’ saying the consequence of! publication could affect his i rehabilitation. He imposed a term of two years’ probation, with Co"dL| tions that the defendant

undertake medical, psychiatric, or psychological treatment, and that he pay $1084.20 restitution. as directed by the probation officer. Mr C. M. Ruane appeared for the defendant. !