7 December 2023 – sentencing hearing notes

7 December 2023 – sentencing hearing notes - Nicholas Andrew Beament

Magistrate’s sentencing and Sex Offenders Register Act (“SORA”) ruling

Broadmeadows Magistrates' Court

I'm going to finalise the sentence because I can't actually rule on the SORA application, until Nicholas Andrew Beament is sentenced first.

Sentencing

Alright – Mr Beament can you stand please? You entered a guilty plea guilty after I provided you with a sentencing indication – you were assessed to suitable for a CCO. I am going to place you on the CCO today as was indicated.

The offending occurred in January 2023 and it was serious offending. It involved a victim, he was 18 years old and it involved a situation where he came into your home. An incident occurred in your massage room, the victim is in a very vulnerable position.

He was not clothed. Neither were you. I have no doubt that the conduct would have had a significant impact on him. You have a previous conviction, it is from 2015 and they were offences in similar circumstances - where you received a CCO as well.

Given your early guilty plea, and the fact that you are taking responsibility for the offending without the victim having to come to court and give evidence, I am going to again place you on a CCO today for a period of 18 months.

During the CCO, you are to complete 175 hours of unpaid community work. You are to undergo assessment and treatment including testing for mental health. I will allow you to credit up to 75 hours of treatment time towards your unpaid community work.

You may be seated.

Sex Offender Registration (SORA)

The prosecution has made an application for a sex offender registration order which I will rule on now.

The victim did not consent to the touching and Mr Beament did not reasonably believe that the victim consented to the touching. The charge of sexual assault carries a maximum penalty of 10 years.

Mr Beament is 44 years old and the victim is an 18 year old male. Mr Beament had a conversation with the victim on the social media app Grindr, where he suggested the victim could obtain a job as a massage therapy model with him. Mr Beament arranged an appointment for a ‘job interview’ on 25 January 2023 at his apartment and usually paid massage models $25 per hour.

The victim was shown to the massage room and told to strip and lay on the bed. Mr Beament was naked as well. The victim did not say anything as he thought Mr Beament might become his boss. Mr Beament performed a massage on the victim for 30 minutes with the victim recording at least some parts of the assault on his Apple watch.

Doing the massage, Mr Beament was massaged the victim close to the anal and genital regions of the victim several times. Eventually, Mr Beament put the victim’s legs in the air, and then put his penis between the victim's thighs. Mr Beament masturbated, and ultimately ejaculated, on the neck and chest of the victim.

Mr Beament apologised to the victim and allowed him to shower, then paid the victim (amount not stated), Mr Beament also admitted that he initially portrayed himself to the victim under the false name of Damian. Mr Beament has relevant prior offending from November 2015, for a charge of indecent assault. This resulted in a sentence of a three year CCO. The offending in 2015 occurred in similar circumstances to this offending, with the accused advertising a masseuse job on the Gumtree website.

There were two victims of the 2015 conduct. In each case, Mr Beament provided a false name to the victims, asked them to undress and was also naked himself. In each case, there was touching and stroking and the accused ejaculated on his victims.

Due to the prior offending in 2015, the victim in this matter is the third victim of Mr Beament’s sexual offending. The 2023 offending occurred in spite of Mr Beament having completed a CCO, which included assessment and treatment.

I am satisfied beyond a reasonable doubt that Mr Beament poses a risk of the sexual safety of the community and that the risk is real.

The offending involved inviting the victim into Mr Beament’s home where there was no one else present, the victim was asked to strip naked, making him even more vulnerable. The offending involved Mr Beament gratifying himself to the point of ejaculation on the victim.

The circumstances of this offending are similar to the offending against the two victims in his prior offences which he was sentenced in 2015.

The victims in the 2015 matter were in their early 20s, and recruited from the Gumtree website, but the victim in this matter was 18 years old. The victim is not a child but still a very young person made vulnerable by his age.

Because of the prior offending, the required sex offender registration period is life.

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0402551100

+61402551100

nbeament@gmail.com

Formerly of: 204/40 Hall Street, Moonee Ponds VIC 3039
Formerly of: 36 Gladstone Street, Windsor VIC 3181
Possible address: 7 Alexandra Ave Canterbury 3126

Represented by https://www.starylaw.com/

ABN History: https://abr.business.gov.au/AbnHistory/View?id=33146834430#

YouTube channel: https://www.youtube.com/@nicholasbeament1053

Swinburne student ID: 2720299

Date of Birth: 10/09/1978

Period of bankruptcy: 21 March 2011 to 22 March 2014