***Please be aware this section has now been repealed and the correct and current law exists under section s49S of the Crimes Act 1958***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s49A of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Have you been charged with the old offence of Facilitating Sexual Offences Against Children?
You should need to seek advice from expert sex offence lawyers located in Melbourne. This charge operates in conjunction with other charges under the Crimes Act 1958. Due to its reliance on other offences, it is a complex area of the law. Consult a specialist criminal lawyer before proceeding further.
The following issues should be considered carefully: Did you do or not do any act that made it possible for another person to commit a sexual offence against a child? Did you intend for this to happen? Did you consider the consequences? Were you hoping for personal gain through your actions?
This is an extremely serious charge, which, on a conviction can result in 20 years imprisonment. Please read below for more information in relation to this charge.
The offence
Section 49A of the Crimes Act 1958.
The prosecution must prove:
The defendant made travel arrangements or did or omitted to do any other act that aided, facilitated, or contributed in any way to the commission of an offence against this Subdivision of the Crimes Act 1958;
The defendant’s conduct was with a view to personal gain or gain for another person;
The defendant intended or was reckless as to facilitating or contributing to the commission of an offence of the type committed by the other person.
The maximum penalty
Level 3 imprisonment being a maximum of 20 years.
Where will my case be heard?
Facilitating Sexual Offences Against Children cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Don’t delay, as thorough preparation is critical in maximising the chance of a positive outcome in your matter.
If you have been charged with Facilitating Sexual Offences Against Children make an appointment to see one of our experienced lawyers today – GRAPHIC HERE
The legislation
49A. Facilitating sexual offences against children
Subject to this section, a person who in Victoria makes travel arrangements for another person or does or omits to do any other act that aids, facilitates or contributes to in any way whatever the commission by another person of an offence against this Subdivision (other than this section) or against Division 2 of Part IIIA of the Crimes Act 1914 of the Commonwealth or against a law in force only in a place outside Victoria the necessary elements of which consist of or include elements which, if present or occurring in Victoria, would constitute an offence against this Subdivision (other than this section) is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum).
For a person to be guilty of an offence against sub-section (1) the person—
(a) must make the travel arrangements or do or omit to do the other act with a view to personal gain or gain for another person; and
(b) must—
(i) intend that the conduct would aid, facilitate or contribute to the commission of an offence of the type committed by the other person; or
(ii) be reckless as to whether or not the conduct would aid, facilitate or contribute to the commission of an offence of the type committed by the other person.
