Event and Time
Event Description
- Defendant: Wesley Sharpe
- Charges: Two charges of incest, four charges of sexual penetration of a stepchild, one charge of attempted sexual penetration of a stepchild, and one charge of attempting to pervert the course of justice.
- Plea: Not guilty to all charges.
- Outcome: Acquittal on two incest charges and one charge of sexual penetration; convicted on remaining charges.
Application and Claims
- Convicted charges:
- Sexual penetration of a stepchild (3 counts). - Attempted sexual penetration of a stepchild (1 count). - Attempting to pervert the course of justice (1 count).
- Context of the crimes: Involvement as a step-parent to the victim, Hannah Bevan, occurring between the ages of 11 and 13.
- Relationship with the victim: Victim was a stepchild and resided with defendant and her mother.
Judicial Decisions
- Maximum penalties invoked:
- 25 years for sexual penetration of a stepchild. - Up to 20 years for attempted sexual penetration of a stepchild. - 25 years for attempting to pervert the course of justice.
- Sentencing dictated by the Sentencing Act 1991 (Vic); mandatory custodial sentences for sexual crimes against minors.
Dispute Points and Legal Basis
Dispute Points
- Defendant's Arguments:
- Pleaded not guilty. - Suggested potential influence or coercion over the victim's testimony and claims. - Expression of remorse; argued for leniency considering rehabilitation prospects and difficult prison conditions.
- Prosecution's Arguments:
- Victim's evidence was credible and consistent. - Offenses represented a severe breach of trust and the need for deterrence, both specific and general. - Highlighted lack of remorse and repeated nature of the offenses, necessitating a significant custodial sentence.