Obtaining Benefit from Child Prostitution Charge - Lawyer / Solicitor Article.
Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)
The Law - Obtaining Benefit from Child Prostitution - Law – Lawyer / Solicitor Article Section 91E of the Crimes Act states: 91E (1) Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years.
(2) A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned:
(a) was received by the person for the lawful provision of goods or services; or
(b) was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law.
Maximum Penalty - Obtaining Benefit from Child Prostitution - Penalties – Lawyer / Solicitor Article
The Maximum penalty for the offence of Obtaining benefit from child prostitution is ten years imprisonment.
What the Police must prove - Obtaining Benefit from Child Prostitution - Lawyer / Solicitor Article In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. - The accused received money or any other material benefit;
- The accused knew that it was derived directly or indirectly from an act of child prostitution.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible Defences - Obtaining Benefit from Child Prostitution - Defences – Lawyer / Solicitor Article
The Crimes Act provides a defence to the offence. Section 91E(2) states:
(2) A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned: (a) was received by the person for the lawful provision of goods or services; or
(b) was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law. Other possible defences to this offence include but are not limited to - Duress
- Necessity
What court is likely to hear the matter - Lawyer / Solicitor Article
This matter is strictly indictable which means that it can only be finalised in the District Court.
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