Event and Time
Event Description
- Defendant: Norman Caldwell
- Charges:
- Sexual assault of a child under 16 (s 49D(1) Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016) - Persistent contravention of an intervention order (s 125A(1) Family Violence Protection Act 2008)
- Incident Timeline:
- Sexual assault: Between 20 December 2019 and 31 January 2020. - Breaches of intervention order: 1 December 2019 to 14 May 2020.
Application and Claims
- Context of Charges:
- The victim was 12 years old and related to the defendant as a step-uncle. - An intervention order had been issued on 29 October 2019, prohibiting contact with the victim.
- Summary of Offenses:
- The sexual assault occurred while the victim was visiting the defendant's home. - Six counts of breaching the intervention order involved various incidents of contact and communication with the victim.
Judicial Decisions
- The evidence presented during the plea hearing included *Prosecution Exhibit 1*, detailing the circumstances of the offenses.
- The defendant pleaded guilty to both charges, acknowledging his conduct and the conditions of the intervention order.
Dispute Points and Legal Basis
Dispute Points
- Prosecution:
- Claimed serious nature of the crime given the victim's age and the relationship of trust. - Highlighted that the defendant's behavior constituted a grave breach of the intervention order.