A 23-YEAR-OLD apprentice who had sex with an under-age teen has escaped conviction because the magistrate believed he was “in love”.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Magistrate Robert Rabbidge even wished the man and his partner, who now have a baby son, well.
“You are a young man who speaks well and is groomed appropriately for court,” Magistrate Rabbidge said.
“I wish you and your family well, which is unusual because these types of crimes would usually mean you would go directly to jail.”
The man pleaded guilty to having sexual intercourse with a person older than 14 but younger than 16 in Armidale Local Court.
The court heard he first had intercourse with the teenager when she was 14. But Magistrate Rabbidge said he did not believe the defendant was a sexual predator.
Defence solicitor Stan Kozera said his client had been troubled and fell in love with the teenager, who was now his partner.
Mother and baby were in court to support the man as he was placed on a good behaviour bond for two years.
Crown prosecutor Peter Woods said his criminal antecedence indicated he had been immature but said it was his belief the birth of his son would be the making of him.
He said it was both “fair and reasonable” for the man not to receive a conviction for the offence as he was young, there was no malice in the crime and it could have repercussions for his future.
Magistrate Rabbidge agreed. He said the parents of the defendant’s partner accepted him into their family and home.
He also said he could see the mother was “coping with her duty [of motherhood] beautifully and gently”.
But Magistrate Rabbidge advised the man it should have been his “duty to avoid sexual congress until she reached the age of consent”.