A Mid North Coast woman who pled guilty to breaching an AVO order and failing to comply with reporting obligations has been sentenced to an intensive corrections order.
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The 22-year-old, who cannot be named for legal reasons, appeared via AVL before Magistrate Pauline Wright in Port Macquarie Local Court on Thursday, April 4.
Court documents show that in December 2023 the woman had been found guilty and sentenced to a community corrections order until 2026 for engaging in sexual intercourse with a child aged between 14 and 16 and possessing child abuse material.
As part of the community corrections order, the woman was not to contact the victim.
On February 12, 2024 the victim received a social media request from the woman, court documents show.
The victim ignored the request and the woman then sent an additional social media request, which the victim accepted.
The two then started conversing via social media, court documents show.
The offender then visited the home of the victim on February 14, where the two talked.
Court documents show the woman attended the victim's home between February 19 and 22 and had "consensual sexual intercourse" with the victim.
The agreed facts state this conduct "places the offender in breach of the apprehended violence order" and the failure to report contact with the victim "(breached) her obligations under the child protection register".
The victims' father attended a Mid North Coast police station on February 26 to report the contact by the offender. About 9.20pm that day police attended the offender's home and placed her under arrest.
Sentencing
Defence lawyer Tess Mulock said her client has a number of mental health diagnoses and tendered "detailed reports" to the court which she said "gives insight into her clients' mental health".
"She's unfortunately, despite very generous disposition by district court, back in court for matters of a similar nature," she said.
Ms Mulock said her client had been having a "difficult time" in custody after not receiving the correct dosage of medication.
"Since she has been in custody from February 26 there have been a number of issues and she has been in isolation the entire time."
Ms Mulock said her client understands the AVO conditions to not contact the victim were in place for a reason and that she "indicated significant remorse" for her actions.
The prosecution said there was "concern" that contact between the offender and victim had taken place in a short amount of time from when she was first sentenced and placed on a community corrections order in December 2023.
"There is also concern [that these] underage sexual offences involve the same victim," the prosecution said.
Magistrate Wright said a community corrections order would not be suitable for the offences committed.
"[Looking at] all other alternatives, a term of imprisonment is appropriate," she said.
Magistrate Wright sentenced the 22-year-old woman to an intensive corrections order to be served in the community for a period of 12 months from April 3, 2024.
