Sentencing delayed over pre-sentence report

SYDNEY — The sentencing of a Sydney man on sex offences has been delayed after the defence raised concerns over the pre-sentence report.

Sean Francis O’Connell, 40, was previously found guilty of sexual assault and sexual interference after a trial in Supreme Court.

In appearing Monday for the sentencing, defence lawyer Tony Mozvik informed Justice Patrick Murray of concerns expressed by three individuals concerning their comments in the report.

Pre-sentence reports are commonly requested information packages about the accused. The reports are prepared by probation officers and give a sentencing judge an overview of the life of an accused.

Mozvik said the mother of the accused, his girlfriend and his ex-wife are all expressing concern that comments attributed to them in the report are either wrong or taken out of context.

Also, he said, three other individuals, all male including the brother and best friend of the accused, were also identified to the report writer as contacts but were never asked for comment.

The judge said he was concerned with the comments from the defence and was hesitant to proceed with the sentencing.

As a result, Murray agreed to adjourn the sentencing hearing until April 25.

Mozvik will now obtain written submissions from the three females interviewed along with the three males who were not asked for comment.

The submissions will be provided to both the Crown and the judge. Prosecutor Bronte Fudge-Lucas did not object to how the process is now going to unfold.

The court also heard Monday from the victim in the case who read her victim impact statement.

The female, whose name is banned from publication, said the offences left her feeling insecure, guilty, dirty, shamed and robbed her of self-confidence.

She said O’Connell used her childhood troubles to his own advantage.

The victim said such feelings resulted in her developing a sense of hopelessness and she started harming herself noting she did not value her own safety.

Believing she was damaged goods, the young woman became isolated and closed off former friendships as she withdrew from participating in life to just an existence.

She said therapy is working but certain triggers remain that take her back to the offences.