In the Supreme Court of Queensland case, R v Owen [2008] QCA 171, Godfrey Mewton Graham Owen, a massage therapist, was convicted of sexual assault for touching the complainant's pubic hair with his lips without consent during a therapeutic massage. The incident involved a 37-year-old pregnant mother of three, with the assault occurring in the complainant's home. Owen pleaded not guilty but was found guilty of this count after being acquitted of one count of rape and two other counts of sexual assault. Initially sentenced to nine months in prison, Owen appealed the sentence but not the conviction, having served 25 days before being granted bail pending appeal.
The Queensland Court of Appeal granted the appeal, recognizing the importance of balancing deterrence with the offender's rehabilitation prospects. Considering Owen's previous good character, lack of prior convictions, and the out-of-character nature of the offense, the Court altered the original sentence. It was ruled that the nine-month sentence be suspended after serving 25 days, with a nine-month operational period.