Event and Time
Event Description
- Defendant: Mr. Prasad
- Charges:
- Four charges of sexual penetration of a child under 16. - One charge of possession of child abuse material.
- Complaining Witness: Lia Koto, aged 14 at the time of the offenses.
Application and Claims
- Context: The relationship began with flirtatious communications on social media, where Mr. Prasad expressed sexual attraction to Lia Koto.
- Timeline of Events:
- Christmas 2021: Initiation of communication with Lia. - January 29, 2022: Sexual offenses occurred, including oral sex and penetrative sexual intercourse during different visits to the complainant's bedroom.
Judicial Decisions
- Sentenced to 32 months imprisonment.
- Non-parole period set at 20 months.
- 309 days of pre-sentence detention recognized as served.
---
Dispute Points and Legal Basis
Dispute Points
- Prosecution Arguments:
- The relationship was inappropriate given the age of the complainant. - The defendant took advantage of the complainant's youth and trust. - Offenses occurred over several days with multiple instances of penetration. - Emphasized the deterrent aspect of sentencing and the protection of vulnerable individuals.
- Defense Arguments:
- Mr. Prasad pleaded guilty, which should mitigate sentencing. - Claimed personal circumstances, including health issues and previous good character. - Suggested that his actions were not premediated and that there was no significant harm caused.