Man fined for probation breach
A NINETEEN-year-old's “loving relationship” which produced a child with a 15-year-old girl was not grounds for being named on a sexual offenders register, the Warwick District Court found yesterday.
Anthony Mark Hawes appeared in the District Court in Warwick for breach of probation when he was convicted for unlawful carnal knowledge during 2008.
The breaches occurred when Hawes – now 23 – failed to report to three counselling sessions and re-offended, which resulted from a guilty plea at the Warwick Magistrates Court on March 10 to assault occasioning bodily harm. The court heard how Hawes visited the home of his ex-partner – his baby's teen mother – to retrieve a ring but entered into a fray with her 40-year-old lover.
In a twist, Hawes successfully appealed the March 10 sentence of two years probation and was instead fined $1000 with no conviction recorded.
Hawes' barrister Robbie Davies said in convicting, his client was in a “modern relationship” and if convicted of breaching bail would place him on a sex offender register for 15 years.
“This means he'd have to report his address to police, notify them of tattoos, car's registration, meet with police once a year and notify of children in the home,” the defence said.
“He is not a sex offender as we know them; it was a loving relationship where a child was born. They've been on and off for some time.”
Judge Richard Jones said Hawes' name on such a register would be “onerous” and said he previously did not appreciate the ramifications of a breach of bail.
“This can't have been the (law's) intention in these sorts of instances,” Judge Jones said.
A conviction was not recorded against Hawes who was fined $250 for contravening a probation order.