Senior Magistrate Archie Warner this morning [Jan 30] sentenced Miguel Estrella, 23, to four months in prison for having induced a male child under 16 to perform an act of gross indecency.
The offence occurred on a date unknown between 1st June and 31st July 2012 and Estrella pleaded guilty. The boy was 15 at the time of the offence, with the Court hearing Estralla induced the teenager to perform a certain sex act in his presence.
Telling the Magistrate that this was Estrella’s first offence, that he took full responsibility, was remorseful, had already sought therapy, and that he had pleaded guilty at the first available opportunity; his lawyer asked for leniency and recommended a sentence of Community Supervision.
Crown Prosecutor Nicole Smith told the Senior Magistrate that the maximum sentence for this offence was twelve months.
However, having listened to Victim Impact Statements from the boy and the boy’s mother, the Magistrate said that the offence had a devastating impact on the victim and his family, and that there was a need to protect the community from this type of behaviour.
In his ruling, the Magistrate said that an immediate custodial sentence was warranted and he set sentence at four months. After release, Estrella must serve two years probation during which he is required to participate in rehabilitative programs that would assist him.