A MAN found guilty of an historical indecent assault upon a child had ‘‘rehabilitated’’ himself in the years since through serving community groups involving children and young people, a court has heard.
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Magistrate Simon Brown yesterday found Riverside man Ian Leslie e Milne, 62, guilty of two counts of indecent assault.
One assault occurred when the victim, a boy, was about 14, while the other occurred to the same victim when he was 18, through their mutual involvement with a ski club at Ben Lomond.
Mr Brown noted that Milne had ‘‘done much to rehabilitate’’ himself f through his community work, suffered from extensive health problems and had experienced delays in being charged.
He jailed Milne for eight months, wholly suspended for two years and six months, for the offences which occurred in the 1980s, but were reported in 2010.
Earlier in his plea in mitigation, defence solicitor James Oxley told the court that his client had dedicated his life to serving the community and was a life member of the South Launceston Little Athletics Club and a mentor with Whitelion.
Mr Oxley said that Milne was also involved with coaching and umpiring sports such as cricket, and had cared for intellectually and physically disabled people.
There was no suggestion that Milne acted inappropriately towards any person through his community involvement with these organisations.
In delivering his decision, Mr Brown noted that the second indecent assault which he found proven, where Milne had performed oral sex upon the victim, then 18, did not amount to rape, because a male victim could not make a complaint according to the law at the time.
Mr Brown also referred to the evidence given by the victim at the hearing, of an earlier act which he said Milne had committed, which Milne had not been charged for.
The victim had given evidence that Milne performed a sex act in front of him in his car when he was about 11.
Mr Brown said he believed the victim’s evidence, but according to the laws at the time, that act was not a crime so Milne could not have been charged with that incident.