Arjun Kandel, a former care worker at a residential care facility, has been found guilty of sexually assaulting a woman with an intellectual disability.
It is reported that the offences occurred on 7 August 2020, when Kandel was employed as a care worker. He was also accused of assaulting another woman, aged 59 at the time, though he was found not guilty in that case.
The police were alerted to the incidents two days later. During the hearing at Elizabeth Magistrates Court, Judge Kudelka stated:
“I am satisfied beyond reasonable doubt that the accused knew she was not consenting.”
Judge Kudelka emphasised Kandel’s responsibility as a carer, acknowledging the victim’s limited intellectual capacity and the level of care she required.
Kandel pleaded guilty to charges of rape and aggravated indecent assault in relation to the 35-year-old victim. In contrast, Judge Kudelka found Kandel not guilty of aggravated indecent assault against the first victim, stating,
“I am satisfied there was indecent conduct, but I am unsure about the nature of it.”
During sentencing, Judge Kudelka described Kandel as a “predator” who targeted vulnerable individuals, stating,
“Sadly, there are people like you who target the vulnerable because of their vulnerability.”
She warned that such abusers often believe they can evade consequences, but in this case, the victim’s complaints were taken seriously.
Kandel was sentenced to 12 years in prison with a non-parole period of seven years, effective from 21 June, when his bail was revoked.
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