CDirector of Public Prosecutions v Cannon (a pseudonym)
[2025] VCC 344
•25 March 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS (CTH) |
| v |
| LUKAS CANNON (A PSEUDONYM) |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 March 2025 | |
DATE OF SENTENCE: | 25 March 2025 | |
CASE MAY BE CITED AS: | CDPP v Cannon (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 344 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing – commonwealth sentencing
Catchwords: use a carriage service to groom another person to make it easier to procure a child believed to be under 16 years of age to engage in sexual activity – possess or control child abuse material obtained or accessed using a carriage service
Legislation Cited: s.16BA, s.16 Crimes Act1914 (Cth); s.474.17(1), s.474.27AA(1), s.474.29AA Criminal Code Act 1995 (Cth).
Cases Cited:R v Gajjar [2008] VSCA 268; CDPP v Agrawal [2024] VCC 529.
Sentence: Total effective sentence of 2 years and 2 months imprisonment. 4 months of the term imposed before being released on a recognisance release order in the sum of $2,000 on the condition of good behaviour for a period of 2 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A. Sprague | Office of Public Prosecutions (Cth) |
| For the Accused | Mr S. Norton | Stary Norton Halphen |
HER HONOUR:
1Lukas Cannon[1], you have pleaded guilty to one charge of using a carriage service to groom another person to make it easier to procure a child believed to be under 16 years of age to engage in sexual activity, and one charge of possessing or controlling child abuse material obtained or accessed using a carriage service.
[1] A pseudonym.
2As part of Charge 1, you also admit one further offence of use a carriage service in a way that reasonable persons would regard as being offensive, to be taken into account pursuant to s.16BA of the Crimes Act 1914 (Cth).
Circumstances of the offending
Charge 1: Use a carriage service to groom another person to make it easier to procure a child believed to be under 16 years of age
3The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A. This constitutes the factual basis upon which I sentence you.
4You used a username ‘Persistent Deuce’, on the online chat platform ‘Pure’, which is a dating platform that allows users to post personal ads to find matches based on their stated sexual preferences and intentions.
5From 1 December 2023 and using this profile you engaged in a text-based conversation on the Pure platform with Lia Blackwell[2]. I pause here to note that any names referred to in these reasons will be pseudonymised, as it is entirely unclear whether all the names referred to are real, currently used or not, but I intend to pseudonymise them.
[2] A pseudonym.
6During the course of your chat, which included conversation about sexual matters, you said “I think with the right person I’d truly have very close to no limits”, and then “My only hard limit would be getting caught…It was a joke. But I was meaning getting caught by the law lol”.
7In general conversation you discussed your locations, and you said you were in Geelong. In the context of your discussions, the victim mentioned that she has a child and so she can’t stay away overnight.
8On 5 December 2023 you suggested moving the conversation to the secure messaging and audio calling cloud-based application, Telegram.
9The conversation continued between you on this forum and in the course of discussing sexual preferences and desires, the victim asked “is the law the limit?”. You replied “No…Getting caught is”. You then stated that you would start a secret chat.
10The conversation then continued in a secret chat on Telegram, and you said “We can speak freely here”, and confirmed “No the law isn’t the limit…for me anyway”. You said you have watched and gotten off to videos of real rape.
11You went on to ask about age gaps, and said “I was also thinking of “fantasies” where the younger person isn’t of legal age….Also incest…But I can imagine those might be off limits as a parent”. You said “If its fantasy?...No limit”, and said if someone instigated a fantasy about a baby you would “go along with it”. You then said “IRL (in real life)…that’s a bit more tricky”.
12You said “I’ve seen every age…but below a certain age it’s just out of curiosity…Because it’s not hot to me…Unless I’m watching it with someone who finds it hot.” When asked what is the youngest you get off to on your own, you said “Maybe 7 or 8”. You said “I’ve seen videos with mothers teaching their daughters. And sometimes sons…They’re some of my favourites”.
13You said “One of my favourite thing to do is have sex while watching things together…things we shouldn’t watch”. You said you would start with a real rape video for the victim.
14You then sent a video file to the victim over Telegram, at 11:59pm on 5 December 2023. The video was 1 minute and 13 seconds long, and showed two adult males raping an adult female. The victim found the video deeply upsetting and it caused her to be sick. (s16BA schedule item 1: Using a carriage service in a way that reasonable persons would regard as being offensive - s474.17(1) Criminal Code Act 1995(Cth))
15The conversation continued from midnight on 6 December 2023, and you used an analogy or code to discuss the ages of children you were interested in. You said if it is “a real one” you are interested in “12-14”, but if watching then you are interested in smaller, and that you had already mentioned the youngest you enjoy watching by yourself (7-8 years old). You stated “I like how their pussies look…how small they are…their bodies.”
16You then described an adult female engaging in sexual activity with a 7 or 8 year old girl, and you said you were recounting what you had been told by another female. You also described watching and enjoying a video of a woman being rough with girls of 4-5 years old while a man films.
17You also described the 14 year old daughter of a previous partner, stating that the mother wanted you to have sex with the daughter, and that you wanted to “so badly”, and she had a “perfect young body”. You said “their skin just looks so sensitive to touch, and smooth…I guess they’re like blank canvases…and weirdly I love the idea of giving them the best first impression of how good sex can be…being the first to give them that experience”.
18The conversation continued, and you then asked the victim for the age and gender of her child. The victim said she wasn’t prepared to discuss that. The conversation resumed the next morning, still 6 December 2023. You said “I’d want to share someone with you…I’d love to start from an age that they’re aware enough to know…and enjoy it”.
Report to police, commencement of covert operation
19Later that same day, Ms Blackwell met with members of the Frankston Police Sexual Offences and Child Abuse Investigation Team (SOCIT) of Victoria Police, where she provided her mobile phone and showed police the relevant chat logs which were then video-recorded. The victim signed a consent form allowing police to access and use her Telegram account, and later provided a statement in relation to her interactions with you.
20On 7 December 2023, an urgent Controlled Operations Authority was issued, authorising the use of a covert operative.
21Between 7 and 12 December 2023, the Online Covert Operative (OCO) communicated with you under the assumed Telegram persona of ‘Lia Blackwell’, where you made sexualised comments about her 12-year-old daughter, including engaging in oral sex with the child, after you are aware the child being discussed was a 12-year-old female child named ‘Mary’[3]. The operative provided the name and age of the child on 9 December 2023.
[3] A pseudonym.
22During this conversation, plans were made for you to meet with ‘Lia’ and her 12- year-old daughter ‘Mary’ at the Royal Botanical Gardens in Melbourne on 12 December 2023, and you discussed engaging in sexual activity with the child.
23The conversation included messages on 10 December 2023 as outlined in the table at paragraph [25] of the prosecution opening. In summary, during these messages you discussed meeting in ‘hidden spots’, ‘dare games’, and you described in explicit and graphic terms the proposed sexual acts involving Mary
24On 11 December 2023, you and ‘Lia’ exchanged messages again. At 9:31pm you said “Also just to be clear, while it’s fun to fantasise with you, I have no intention of being sexual with Mary tomorrow! I hope that’s not a problem and I’m sorry if it ruins your fantasy. I just want to meet you and say hello…And maybe make you feel good later back at your house after lunch.” You also said “Oh that’s weird, what happened to our chats? Did you clear them?”
25By this stage, you had requested ‘Lia’ to engage in a 2 minute video call to prove her identity and that she was genuine. She told you that she didn’t want to and you said it was a ‘rule’ you had before meeting. Other messages with another Telegram user (discussed below) reveal that you were being cautious as to the true identity of ‘Lia.
26On 12 December 2023 the operative posing as ‘Lia’ said she was “nearly at the windows”, and sent a short video showing the area near the Myer windows in Bourke Street Mall. You said you wanted a “2 min video call pls” and she said she wasn’t comfortable. You suggested a video of Lia’s shadow holding hands with another shadow. ‘Lia’ sent a short video showing the shadows and feet of two people. You then expressed scepticism, stating “What big feet your daughter has” and “I definitely don’t feel comfortable now without a video chat”. You stated “You said you trusted me. But you won’t have a video call with me…If it can’t do that then I don’t understand how you can trust me to meet with your daughter”. Some further messages were exchanged, in which you said ‘Lia hadn’t been honest, and you questioned who she was, and the communications then ended.
Communications with ‘Ali Sharp’[4]
[4] A pseudonym.
27Simultaneously with your communications with ‘Lia’, you were also engaging in another Telegram chat with another user saved as ‘Ali Sharp’. That Telegram conversation was later located by police on a mobile phone seized from you. During the conversation with ‘Ali Sharp’, you relayed parts of the conversation with ‘Lia’ who you referred to as “the mum” and some concerns you had. These conversations are outlined at paragraphs [29] to [35] of the prosecution opening.
Search warrant, interview, and arrest
28On 12 December 2023 at 12:57pm, police attended your residence in Hamlyn Heights, Victoria, and executed a search warrant while you were present.
29During the search of the premises, police located a number of electronic devices. Your Samsung Galaxy A51 mobile phone and two laptop computers were seized.
30You participated in a Record of Interview at your residence, which was primarily a no comment interview in relation to the allegations. You were arrested and conveyed to Geelong Police Station. You were charged and released on bail, to appear at a filing hearing on 15 December 2023.
Charge 2: Possess or control child abuse material obtained or accessed using a carriage service
31Your laptop computers were subsequently examined by police, and child abuse material was located as follows:
(a) Lenovo laptop: 18 images and 1 video of child abuse material were located, as outlined in the prosecution opening at paragraph [42], involving a range of pre-pubescent females engaged in sexual acts, including one involving an animal.
(b) Legion Pro 7 laptop: 1 image of child abuse material, depicting two pubescent females naked and kissing with an offensive caption. :
(c) Review of your Samsung Galaxy mobile phone also identified 60 images and 6 videos classified as child abuse material within the Telegram messaging application, spanning between 30 October 2023 and 11 December 2023. The material is outlined at paragraph [44] of the prosecution opening and involve children as young as 2 engaged in range of sexual acts, including penetrative sexual activity.
Gravity of offending
32In sentencing a federal offender, the primary obligation of the Court is to impose a sentence that is of a severity appropriate in all the circumstances of the offence.[5] Section 16A(2) also sets out a non-exhaustive list of matters to which a Court is required to have regard, where relevant and known.
[5] Crimes Act 1914 (Cth) s 16A(1).
33Parliament has made plain the seriousness of these charges by the maximum penalty of 15 years imprisonment and also by the legislative presumption of an immediate custodial sentence when the overall sentences does not exceed three years.[6]
[6] see Crimes Act 1914 (Cth) s 20(1)(b)(iii),
34I have assessed the objective gravity of your offending against the well-established principles, as summarised in the prosecution submissions at paragraphs [19] to [24], with some modification to reflect the charge of grooming another person to make it easier to procure a child under 16 for sexual activity.
35General deterrence is the primary sentencing consideration, as there is paramount public interest in promoting the protection of children. Specific deterrence, denunciation, punishment and protection of the community are also very important considerations.
36In respect of charge 1, the relevant factors are outlined at paragraph [20] of the prosecution submissions. In assessing the objective gravity of your offending I take into account the full circumstances. You engaged with Lia or Ms Blackwell, with the asserted intention, over a period of 6 days; the communications were highly explicit and sexually graphic, concentrated in particular on the 10 December 2023; you suggested that the child engage in sexual activity with both you and the mother; your intention to procure the child through her mother also inextricably involved an intention to compromise the parent/child relationship; and while ultimately you did not meet with either Ms Blackwell or Mary, you made plans to and the messages with ‘Ali’ suggest that you wanted to meet with them but had grown suspicious and cautious.
37I also make clear that I have assessed and taken into account the young age of your intended victim (12 years) and the significant age difference between you.[7]
[7] Criminal Code Act 1995 (Cth) s 474.29AA.
38Also, pursuant to s.16BA there is one charge to be taken into account when sentencing you on charge 1. In summary, you transmitted a video of 1 minute and 13 seconds duration to Ms Blackwell, depicting two adult males raping an adult female. I accept the prosecution submission that this was grossly offensive conduct that had an immediate impact on your victim and in sentencing you on charge one, I take into account this other offence.[8]
[8] see Attorney General’s Application Under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [42]; Le v R [2017] NSWCCA 26, [48]-[60].
39In relation to charge 2, the relevant considerations are summarised at paragraph [21] of the prosecution submissions. Charged on a single date, you possessed a total of 79 images and 7 videos on your mobile phone and laptop, which you had obtained or accessed using a carriage service.
40In assessing the objective gravity of this charge I have had regard to: the number of items involved; their depraved and abhorrent content, including penetrative acts between adults and very young children; the prevalence and ready availability of pornography involving children on the internet and the difficulties of detection.
41Every child has the right to security and to live lives free of sexual exploitation and abuse. You must understand that these images and videos are of real children being significantly harmed. While it’s not suggested that your offending involved any financial profit, accessing and possessing these images creates and fuels a marked for the continued corruption and exploitation of children.
42I accept the prosecution submission that your moral culpability for the offending is high. I have assessed your culpability also in the context, as submitted by your Counsel, of your personality disorder, obsessive compulsive traits, identity disturbance, social anxiety, low self-esteem, fear of rejection and tendency to paranoia. In his report Consultant Forensic Psychiatrist Dr Rajan Darjee refers to your complex mental health history, along with your strict and austere home environment, sexual curiosity from a young age, involvement in unconventional encounters and the ‘kink community’ and the enactments of fantasies.
43Against this backdrop you told Dr Darjee that through your ‘curiosity’ you had come across child sexual abuse material on the internet in your 20s. You then started looking for it again before you were arrested when you had met women who were interested in watching it in 2022 or 2023. You became fixated on trying to find material for them. You did not use it for your own independent sexual purposes, nor did you ever find yourself attracted to children in the real world. Dr Darjee considers that although you have been able to be sexually aroused by children at times, you do not have a primary, strong, preferential or exclusive sexual interest in children, and do not have a paedophilic disorder (at [68]).
44Two weeks before your arrest you met a woman, Ali Sharp, who said she was into ‘extreme stuff’ including ‘misogyny and rape porn.’ You met her a couple of times. You exchanged texts, met up and engaged in ‘fantasy chat.’ You found videos of sexual abuse to watch while you were having sex. You then put up an ad looking for someone with taboo interests for you to have sex with while this woman watched. Lia replied and shared her ‘nonconsensual fantasies’ and you started ‘throwing things out there’, and you mentioned ‘age play’ and ‘incest’ and she told you that she had a daughter. You told Dr Darjee that you ‘turned up the heat’ regarding your ‘extreme fantasies and experiences’ even things you hadn’t done. She offered to meet you and you grew suspicious. You told Dr Darjee that you had talked about meeting up and discussed her daughter but that you were ‘97% sure that she did not have a daughter’ and that you messaged her clarifying that in fact you were not going to do anything sexual with her daughter (see [47]). You also told Dr Darjee that the chats you were having with Lia and Ali were primarily about turning them on and you were turned on by turning them on. Your interaction with Lia was primarily about getting her to tell you her fantasies. You stated, ‘the one percent chance that a child was involved freaked me out.’ But you were also scared of letting her down (at [49]). You said that you only sent her the offensive video after she had sent you a similar one, although you acknowledged that yours was worse.
45In general while there may have been an element of ‘fantasy chat’ to the conversations it is not suggested on your behalf, nor do I accept, that you were engaged in ‘pure fantasy,’ that is, communicating with no intention of making it easier to procure a child under the age of 16 to engage in sexual activity with you. On the totality of the evidence, including the number and content of the conversations and the plans to meet, I accept that while you may not necessarily have had a fixed intention to do so, and as your Counsel submits you are disgusted by the behaviour you engaged in now that it has been exposed and drawn out, your intention at the relevant time was one of the ‘real possibility of sexual activity’.
46As for the images on your devices, you have pleaded guilty to the charge and there are also general references in the material to you having watched and enjoyed videos involving child abuse material (see eg at [17]). In relation to this particular material, you told Dr Darjee that a couple of months before you were arrested you clicked a link on Telegram which opened up hundreds of chatrooms and a range of images, with you deleting the ones that you could but ‘there was so many’ (at [51]).
Plea of guilty
47You entered a plea of guilty at the earliest practical stage and your plea entitles you to an important discount in sentence. It has utilitarian value and demonstrates your willingness to facilitate the course of justice, accept responsibility and remorse. I note that you were also cooperative with the police who arrested you, in that you provided the password to your mobile phone and laptop (complying with the s.3LA Crimes Act 1914 (Cth)). Further, I do accept that notwithstanding some of the comments you made about the offending to Dr Darjee, that your remorse is reflected in the representations you have made to a variety of people and also in the sustained treatment you have engaged in to address the issues underpinning your offending. You provided a letter of apology which was considered and insightful and in which you also expressed an unwavering commitment to never again repeat this behaviour.
Personal circumstances
48Your personal circumstances were outlined by your Counsel and are canvassed in the report of Dr Darjee.
49In summary, you were born in Geelong. You have four brothers and a sister and you are the eldest. You remain close with your sister and your relationship with your brothers has been described as a ‘fractious’ one. Your mother is now in her 70s and you describe her as your ‘biggest support’. She has provided a letter on your behalf which offers further insights into your background and circumstances. Your father died when you were 14 years of age. He was hit on the roads while cycling. As your mother describes it in her letter, you were on the school bus at the time and saw an accident on the dual highway, not then realising that it was your father who had been involved and had died at the scene.
50You recall your parents relationship to have been a good one but also have memories of ‘severe arguments.’ The family home was also a strict repressed and religious one and your parents used ‘extreme corporal punishment’ with a strap or wooden spoon. You recall being beaten once so bad that your father thought that he may have killed you.
51In terms of your schooling, it seems that you were a capable student but experienced significant bullying. You describe yourself as an anxious and awkward child and young person. Up until year 10 you did well academically and then struggled in year 11 and 12 with anxiety, procrastination and time management. Your mother refers to your ongoing mental health difficulties, anxiety and depression, during this period.
52In your late teens you grew particularly interested in music and animation, applied to study graphic design but failed to get in, so you did a drawing course in Ballarat instead and through this avenue managed to get into graphic design. You repeated the second year and almost failed the third and at the time you were drinking, depressed and struggling with suicidal ideation.
53You then obtained work making animated television commercials and later working for a web developer and then in advertising for three years. You also undertook a one-year graduate diploma at the Victorian College of the Arts, in pursuit of your goal to be an animator. You describe this period as stressful and as feeling at your lowest mentally, struggling to find the ‘meaning of life’ and why others were happy.
54You secured a job in animation on a short film with a local director which lasted almost a year. After this you describe yourself as ‘burned out’ and you were on a disability pension due to your mental health for about five years. You did odd jobs freelancing and before returning to work for a studio. You and a friend then started your own animation business, which allowed you to feel more control over your work and to rest when needed but you struggled financially. Your mother also refers to the business running a free mentorship program for young local animators. Upon your arrest, your friendship and business relationship came to an end.
55You described to Dr Darjee having a longstanding curiosity about sex from an early age with both peers and adults. Also, given your social anxiety and isolation you would spend a lot of time on the internet becoming ‘addicted’ to internet chat rooms. You started having sexual chats with others online and this progressed into accessing pornography online.
56As for your sexual relationships and experiences these are outlined in some detail in the report of Dr Darjee between paragraphs [20] to [24]. Psychologist Peter Hanley states in his report that in the context of feeling emotionally detached and nihilistic you threw yourself into the world of ‘sexual experimentation and ‘felt validated through meeting other individuals who had responded positively to [your] sexual openness and willingness to cater for their sexual fantasies’ (at [10]). In your letter you refer to subjugating your sexual autonomy and your own values to sexually satisfy the women you encountered. In 2022 you suffered a genital injury which required medical attention. At the same time you contracted Covid-19 and you were treated in a hospital ward in circumstances, as outlined by Dr Darjee at paragraph [25] of his report that you found quite distressing.
57You described to Dr Darjee episodes where you experienced intrusive and obsessional thoughts, fuelled by your anxiety, over thinking and guilt. You tried to get yourself admitted to hospital once but was apparently told that being in hospital would be traumatic and you were sent home with a sedative.
58You have a previous diagnosis of schizoaffective disorder in 2017 and a history of adult ADHD and memory issues. You also reported previous psychotic episodes including a significant one in 2007 which you continue to experience trauma symptoms from. You provided a written ‘mental health history’ to Dr Darjee where you chronicle your mental health struggles over the year, referencing also an ‘extreme breakdown’ from 2007 to 2009, and attending upon a number of psychologists over several years and more recent experiences in 2024 of paranoid ideation, panic attacks, feeling suicidal and of being delusional.
59Clinical and forensic psychologist Dr Simon Vincenzi considers that your childhood experiences of strict parenting and corporal punishment are associated with an increased risk of mental health issues and maladaptive coping strategies in adulthood. Additionally, your early sexual experimentation and subsequent feelings of shame may have contributed to the development of ‘sexual compulsivity and risky sexual behaviours.’ Also, the loss of your father represents a significant childhood stressor capable of having impacted your emotional development and increase vulnerability to mental health problems. I note that your brother in his letter refers to the close relationship you had with your father and of the loss at the time impacting your profoundly.
60In the past you have been prescribed different psychotropic medications including antidepressants, mood stabilisers and antipsychotics. You are currently prescribed an antidepressant medication, and you described to Dr Darjee feeling relatively mentally well at present.
61Dr Darjee refers to the diagnostic picture as a ‘complex one’ (at [63]). You may have neurodevelopmental vulnerabilities in the form of ADHD and/or ASD however your development and presentation is not necessarily typical of either of these. He states at paragraph [64]:
In my view, on top of any neurodevelopmental vulnerabilities he also has longstanding difficulties in personality functioning to the extent that he has a moderately severe personality disorder. His dysfunctional traits include identity disturbance, social anxiety, low self-esteem, fear of rejection, a tendency to paranoid ideation and misinterpreting perceptions, wanting to please and be close to others while also keeping a distance through fear of what others think of him, tending to over-compensate for his feelings of inadequacy, being a perfectionist and being focussed on detail. In terms of categorical diagnoses, he meets criteria for anxious/avoidant personality disorder and has significant traits of schizotypal, dependent and obsessive-compulsive personality disorders. His personality dysfunction is likely due to genetic factors, his adverse childhood experiences, in addition to neurodevelopmental vulnerabilities.
62While not discounting your psychotic experiences in the past, Dr Darjee considers that they do not have the pattern and course typically seen in schizophrenia or schizoaffective disorder. While distressing to experience, they are only psychotic in intensity momentarily and you retain insight (at [66]).
63In sentencing you, I take into account your complex mental health history, your neurodevelopmental vulnerabilities and your moderately severe personality disorder. Your Counsel does not suggest that your conditions were causally linked to the offending. He submits that they are relevant to the context of the offending and an assessment of general deterrence. On the evidence as to the nature and severity of your conditions, he did not submit that it warranted a significant amelioration but rather some sensible moderation to reflect your circumstances. The prosecution took no issue with the principles as advanced by your Counsel and submitted that any moderation of sentence or these principles should be limited, in the circumstances.
64Dr Darjee also opines that ‘due to [your] various health conditions prison is likely to be more difficult for [you] than for a person without [your] mental health vulnerabilities. [You] will also be unlikely to get the psychological treatment that [you] have been getting in the community’ and ‘will be risk of experiencing a recurrence of obsessive-compulsive disorder, worsening anxiety, depression, suicidal ideation and emergence of psychotic symptoms (at [77]). I accept your Counsel’s submission that this enlivens relevant Verdins considerations, which I have taken into account.
65You have no prior criminal history and your Counsel also relies on evidence of positive good character. I take this into account in sentencing you but it is well recognised that ‘when greater weight is attached in the balancing process to general deterrence, it necessarily follows, at least in a relative sense, that less weight will be accorded to what might otherwise be significant mitigating factors’.[9]
[9] R v Gajjar [2008] VSCA 268, [28].
66Up until your remand, you were living alone in Geelong in a home owned by your grandmother. You had your own gardening and lawn mowing business but were financially struggling. Day to day you were keeping yourself busy working, doing hobbies such as surfing, cooking and focusing on your health and fitness. You have also complied with strict bail conditions since your arrest in December 2023, including an effective restriction on access to the internet. Since the offending you have lost many friends and, as described by your brother, you have struggled. He states, ‘the isolation has devastated him, pushing him into deep depression, for which he has sought psychiatric help.’
Prospects of rehabilitation
67Keeping firmly in mind that deterrence and denunciation are primary sentencing considerations, an assessment of your rehabilitative prospects is still relevant.[10]
[10] Crimes Act 1914 (Cth) s 16A(2AAA).
68In all the circumstances, I accept the submission of your Counsel that you present with excellent prospects of rehabilitation.
69The references tendered on your plea collectively speak of you as someone who is kind, caring, trustworthy and reliable. They also speak of your deep regret for your offending.
70Your friends Ms Hamilton and Ms Santos refer to the support that you have provided each of them during their own health challenges. Your mother and brother also speak of the care you provided your grandmother in her final years before she passed away. It is clear that while some friendships have been lost you have retained the ongoing support of family and a number of close friends.
71While you have tried cannabis and had a period of binge drinking, you do not present with any drug or alcohol issues.
72You have established a trusting and therapeutic relationship with psychologist, Mr Peter Hanley who has provided individual sex offender treatment (approximately 8 x 1 hour sessions). You attended treatment regularly and consistently demonstrated good engagement, making steady progress towards your treatment goals (at [15]). You have been motivated and you have increased insight into your offending behaviour, ‘recognising emotional and situational triggers contributing to [your] offending, as well as the dysfunctional sexual interests and practices that facilitated [your] offending’ (at [15]). He also refers to your underlying psychological needs as complex, and your facilitating attitudes and beliefs related to sex, intimacy and interpersonal boundaries as deeply entrenched, requiring sustained specialised treatment and he highly recommends this (at [17]). He regards your prognosis for reducing recidivism via future treatment as good based on your recent engagement, motivation, insight and progress (at [18]).
73Since February 2024 you have also regularly attended upon Dr Vincenzi for treatment focused on your low mood, anxiety and coping mechanisms. You have attended at least 23 sessions and demonstrated consistent and reliable engagement with therapy. You demonstrated ‘strong motivation’ and attended all scheduled appointments reliably. You reported gaining significant benefit from therapy and had made noticeable progress in managing your anxiety and mood fluctuations. Dr Vincenzi states: ‘despite the complex nature of [your] mental health history, [you have] shown a commendable commitment to improving [your] psychological well-being.’ He recommends that you continue to receive psychological treatment and he considers that you have the capacity to make further ‘significant progress in [your] mental health.’
74Dr Darjee assessed your risk of further sexual offending against three well established and structured risk assessment instruments (see [71]-[73]). The overall conclusion in terms of risk was that you pose a low risk of further sexual offending, being less likely to recidivate than the average person with convictions for child sexual abuse (at [74]). In terms of managing the risk, he does not consider that you require specific monitoring. He assesses your prospects of rehabilitation as very good as you’re unlikely to recidivate regardless of further treatment or interventions and, you have already engaged with appropriate psychological interventions (at [76]).
75In my assessment of your rehabilitative prospects I have also taken into account your age, your lack of prior criminal history, your early plea of guilty and demonstrated remorse.
Sentencing principles
76In sentencing you, I must give effect to the principes of just punishment, general and specific deterrence, denunciation and protection of the community. I must also take into account the objective of rehabilitating you.
77As already noted, general deterrence is the paramount factor in sentencing for offences involving the sexual abuse of children because of the paramount interest in promoting the protection of children. I accept your Counsels submission that, in all the circumstances, specific deterrence can be given less weight.
78I have also considered and taken into account current sentencing practices for each charge. As there are only a very limited number of appellate comparative cases relevant to sentencing for charge 1 the Court was also referred to some first instance decisions.[11] The cases have been of assistance in the application of general principles. On their facts, there are some similarities but also some differences, with the offending period being greater in other cases, the intended victim younger, or the plans to meet with the intended victims either less advanced or more concrete. For example, I note that the offender in the case of CDPP v Agrawal was arrested at the meeting point.[12]
[11] Criminal Code Act 1995 (Cth) s 474.27AA(1).
[12] CDPP v Agrawal [2024] VCC 529.
79In your case, I consider on each charge that the only just and appropriate sentence is one of imprisonment. This was not a matter in dispute between the parties, with your Counsel accepting that you must be sentenced to a term of immediate imprisonment. Independent of this concession, I consider that although there are a number of mitigating and compelling factors advanced on your behalf, your circumstances are not ‘exceptional’ in the manner contemplated by the provision.
80Your Counsel submits that the immediate term should be of such a length as to enable your release upon a recognisance release order and to promote your prospects for rehabilitation. With particular reliance on your active, ongoing and positive engagement in treatment, your Counsel submits that this supports the imposition of a shorter immediate period in custody then would otherwise be the case and release on a recognisance release order with a requirement to continue treatment. Mr Norton submits that you have a complex makeup but you have the intelligence, resourcefulness and supports to full rehabilitate and stay free of offending. The prosecution accept that it would be open for an immediate term of imprisonment to be imposed by way of release on a recognisance release order.
81I intend to impose separate sentences in respect of each charge to reflect the separate criminality involved. I have taken into account the presumption of cumulation.[13] (. I also take into account the principles of proportionality and totality. In all the circumstances, I consider that ordering full cumulation between charges would result in a disproportionality severe sentence, taking into account the gravity of your offending, as I have assessed it, the mitigating factors advanced on your behalf and your plea of guilty. I must ensure that your overall sentence is a proportionate, just and appropriate one. As for the period of imprisonment you will be required to serve, I have taken into account all relevant sentencing principles, including in particular the need to denounce and punish, along with preserving and fostering the significant gains and progress you have made in your rehabilitation, which I also consider serves the community interest.
[13] Crimes Act 1914 (Cth) s 19(5); Explanatory Memorandum, Crimes Legislation Amendment (Sexual Crimes Aganist Children and Community Protection Measures) Bill 2019 (Cth).
Sentence
82On Charge 1, you are convicted and sentenced to 2 years imprisonment. I make clear that I have taken into account the offence you have admitted, pursuant to s.16BA of the Crimes Act 1914 (Cth). This sentence will commence today and is the base sentence.
83On charge 2, you are convicted and sentenced to 8 months imprisonment. This sentence will commence 6 months before the expiry of charge 1 (the intention is to cumulate 2 months of the sentence).
84This results in an overall total effective term of 2 years and 2 months imprisonment.
85I direct that you serve 4 months of the term imposed before being released on a Recognisance Release Order upon giving a security in the sum of $2,000 on the condition that you be of good behaviour for a period of 2 years.
86On this order, you are also required to comply with the following conditions:
a)be subject to the supervision of a probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of 2 years; and
b)obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and
c)not travel interstate or overseas without the written permission of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and
d)undertake such treatment or rehabilitation programs that the (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) reasonably directs; and
f)report to the Geelong Community Corrections Centre located at Unit 5/30A Little Malop Street, Geelong VIC 3220 by 4pm within two clear working days of release from custody; and
g)report to, and receive visits from, a Community Corrections officer or officers; and
h)notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change; and
i)attend for assessment and, if assessed as suitable, treatment for sex offender programs or programs to reduce re-offending as directed by Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee;
87This order will be given and served on you in the prison.
88Pursuant to S.18 the period of 7 days, not including today is declared as pre-sentence detention.
89Pursuant to S.6AAA of the Sentencing Act I indicate that had you pleaded not guilty and been convicted you have been sentenced to a term of 3 years and 4 months imprisonment with a non-parole period of 2 years imprisonment.
90Pursuant to the Sex Offenders Registration Act 2004 registration is mandatory and the mandatory reporting period is for 15 years. Upon your release from prison, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will receive paperwork at the prison.
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