A MAN who grabbed a 14-year-old’s breast during a party at his home has been sentenced to two months in jail.
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The Bendigo Magistrates Court heard the 42-year-old, who cannot be named for legal reasons, had traumatised his victim.
Magistrate Lesley Fleming said the girl had tendered a Victim Impact Statement to the court but requested it not be read out.
“The 14-year-old victim has been what can only be described as traumatised by this incident that some may erroneously think is a minor incident,” she said.
The court heard the man had a party at his home last year.
The man grabbed the girl on the breast and hugged her, which lead to charges of unlawful assault and committing an indecent act with a child under 16.
He has since moved to another town.
The court heard the offender had received serious injuries after a balcony collapsed in 2001.
The 14-year-old victim has been what can only be described as traumatised ...
- Magistrate Lesley Fleming
The man was said to have being significantly concussed and placed on life support for 30 hours, and sustained serious arm injuries.
The court heard of a “concerning” prior history, which included cultivating a narcotic plant, for which he received a two-month suspended sentence in 2012.
The man had no history of sexual offences, the court heard.
Medication, including pain killers and anti-depressants, were shown to the court.
Ms Fleming said the suspended sentence was activated by the new charges.
"It would seem your intake of alcohol may have affected your judgement," she said,
"I have found you guilty of those two offences.
"In sentencing you today I have to take into account your prior history.
"I know you have no prior history for the commission of any sexual offence.
"You have, however, a concerning prior history."
She sentenced the man to two months imprisonment for the charge of committing an indecent act and six months for unlawful assault.
He was ordered to serve two months, with the remainder of the sentence suspended for 12 months.
The man, who was also placed on the sex offender registry for eight years, immediately appealed the sentence.
He was bailed to reappear at a date to be fixed in August.
Prosecutor Senior Constable Liz Jones did not oppose bail.
