North Tamworth man released from prison after district court appeal

The North Tamworth man, who is aged in his early 20s, cannot be identified to protect the identity of his victim who is 14-years-old.

The offender was sentenced to 16 months behind bars earlier this year after he pleaded guilty to two counts of domestic violence-related charges of intentionally sexually touching a child under 16 years.

But now he has been released from prison after he successfully appealed the sentence in Tamworth District Court.

The man appeared before Judge Andrew Coleman who allowed the appeal, and set aside the prison sentence - including a non-parole period of eight months - which was handed down in the local court earlier this year.

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The offender was arrested in November 2022 after the victim told her mother "he tried to keep touching me" in the home she shared with her family.

Court documents reveal the offences took place between August and September, 2022, when the man would regularly visit the victim's home.

According to agreed police facts, the man was at the victim's home to watch movies when he sat next to her, and started touching her buttocks over her clothing for about one minute.

"The offender tried to put his hands under her clothing but the victim would not let him," police facts state.

The man was sentenced to a 15-month good behaviour bond for this offence, which was not appealed in the district court.

About a week later, the offender put his hand under the teenager's clothing, and her bra.

Police facts state the victim told the offender, "don't".

During another visit to the home, the man tried to pull the teenager's pants down, to which she stood up and said "don't".

The police facts state she told the man "I think it's time for you to leave".

He was sentenced to the 16-month prison term for the two touching offences.

In court, Judge Coleman released the man from prison and re-sentenced him to a two year community corrections order, or supervised good behaviour bond.

Judge Coleman added the conditions that the man be supervised by community corrections officers, and participate in any program or treatment that is deemed necessary.

The man must also be of good behaviour for the period of the order, and appear before the court if called upon to do so.

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