CDirector of Public Prosecutions v Corbett
[2023] VCC 1935
•24 October 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-22-00969
CR-22-01609
| THE DIRECTOR OF PUBLIC PROSECUTIONS (STATE) and DIRECTOR OF PUBLIC PROSECUTIONS (CTH) |
| v |
| MICHAEL CORBETT |
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JUDGE: | HER HONOUR JUDGE HASSAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 September 2023 | |
DATE OF SENTENCE: | 24 October 2023 | |
CASE MAY BE CITED AS: | CDPP v Corbett | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1935 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence— plea of guilty — two indictments – Commonwealth and State charges. Charges - engaging in sexual intercourse with a child outside Australia, contrary to subsection 272.8(1) of the Criminal Code (Cth) 1995 (1 charge). Indecent assault (1 charge); sexual penetration with a child aged between 10 and 16 years (4 charges) - Crimes Act 1958.
Legislation Cited: Criminal Code1995 (Cth); Crimes Act 1914 (Cth); Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic).
Cases Cited:Worboyes v The Queen [2021] VSCA 169; DPP (Cth) v Beattie [2017] NSWCCA 301.
Sentence: Total effective sentence of 15 years on both indictments. Total effective sentence (Commonwealth) 11 years, non-parole period of 8 years.
Section 6AAA declaration: (Commonwealth matters) – 15 years imprisonment with a non-parole period of 11 years; (State matters) – total effective sentence – 12 years imprisonment with a non-parole period of 8 years.
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APPEARANCES: | Counsel | Solicitors |
For the CDPP For DPP | Ms D. Karamicov Ms J. Piggott | Office of the Commonwealth Director of Public Prosecutions Office of Public Prosecutions |
| For the Accused | Ms N. Smith | Victoria Legal Aid |
HER HONOUR:
1Michael Corbett, you have pleaded guilty to three charges of engaging in sexual intercourse with three children outside Australia for which the maximum penalty is a term of imprisonment of 20 years. You have also signed a notice pursuant to s16BA of the Crimes Act 1914.
2You have also pleaded guilty to one charge of indecent assault for which the maximum penalty is a term of imprisonment of five years; three charges of sexual penetration with a child between 10 and 16 where the complainant was under your care supervision or authority and for which the maximum penalty is a term of imprisonment of 15 years; and to one charge of sexual penetration of a child between 10 and 16 years for which the maximum penalty is a term of imprisonment of 10 years.
3Tendered on the plea as Exhibit 1 was a '(State) Amended Summary of Prosecution Opening dated 5 September 2023'. In brief, the circumstances of your offending were as follows.
4The victim of your offending is Rupert Lyon[1]. Mr Lyon was born on in 1976.
[1] A pseudonym.
5You met Mr Lyon in 1984 when you were about 22 years old. You were living in Melton South and befriended his mother. At this time he was living with his mother, her partner and his younger brother.
6The first incident occurred in December 1985 when Mr Lyon was staying over at his uncle’s house in Whittington. You were also staying at this address. He was sleeping at night in a large eight-man tent, in the back yard along with his two brothers and you. He was sleeping beside you.
7One morning he awoke in his sleeping bag in the tent. You were next to him. You were talking to him and then began to cuddle him. You had your hand over his mid torso. You slowly moved your hand down further until it was on top of his pants, over his penis. He was in shock and scared. He froze. He did not know what to do. Your hand was there for about a minute. You said something like, 'Is this alright'. He nodded purely out of fright.
8You then started to move your hand about, like you were massaging his penis. You did this for a few minutes. Your hand was still on top of his clothing. You then stopped. (Charge 1).
9After you stopped you then told Mr Lyon that when his brothers left the tent you needed to talk to him so he should stay behind. After his brothers left the tent, you spoke to him. You said in words to the effect of that he was not to worry about it, that it was okay, and not to say anything about it to anyone else. You then said something like it was your little secret, you were only mucking around and you would have a word to him about it later. You then mucked around and play wrestled with him. You left the tent not long after that.
10Mr Lyon did not tell anyone about what had happened at the time because he believed you when you said you were just mucking around.
11Later the same day when you returned with Mr Lyon to his home in Melton you spoke to him again about what had happened in the tent. In this conversation you told him that about a week or two earlier when you were looking after him, you had sucked his penis while he was asleep. He had no memory of this incident.
12You started to buy him presents. He promised he would keep your sexual abuse of him a secret.
13The next two charges arise out of an incident when you took him to work with you.
14You were working for the Melton Shire Council. You took Mr Lyon out with you in your truck. After doing a few jobs you drove to the sewerage pumping station. You parked the truck in an area that could not be seen from the road.
15You began talking to him about sexual subjects.
16You put your hand inside his pants and touched his penis. You then put his hand on your penis which was outside of your pants. You placed his hand on top of your penis and showed Mr Lyon how you wanted him to stroke it. After a few seconds you took your hand away from Mr Lyon’s hand and he continued to masturbate you. This went on for a couple of minutes. You then leant across Mr Lyon from the driver’s side and started to suck his penis. He was afraid. You forced him to perform oral sex on you. (Charges 2 and 3).
17You told Mr Lyon that he was now gay and that he had to keep everything a secret. You said he was not to tell anyone or he and you would go to gaol and that his mother and brothers would hate him. You said it was okay for you to do this and that you loved him very much. Mr Lyon was scared and confused.
18In 1986 Mr Lyon’s mother separated from her partner. She moved with her sons from Melton to Geelong. They were living with an aunt and uncle in Whittington. You left your job at the Melton Shire Council and came with the victim’s mother and her sons to Geelong. Mr Lyon’s mother intended to relocate with her sons to Queensland. When she was out working you cared for the boys.
19During this time you were regularly molesting Mr Lyon, usually fondling, masturbation and oral penetration. When he was left alone with you, you would fondle his genitals and perform oral sex on him. This occurred many times. Mr Lyon was unable to recall specific times and events as there were so many.
20You told Mr Lyon that he would be dealt with very seriously if he told anyone what had happened.
21The third charged incident occurred when you and Mr Lyon were alone in the house. You locked Mr Lyon in the bathroom with you. He remembers this incident because it was the first time he had seen you ejaculate.
22After you got him in the bathroom you pulled down his pants and removed his T‑shirt. You then lay on the floor and began masturbating. You were lying on your back. You told Mr Lyon to suck you off. He did as he was directed and placed his mouth over your penis. (Charge 4). You continued to masturbate and told him when you were about to ejaculate that you wanted him to continue giving you oral sex. He said no. Within a couple of minutes, you ejaculated on his stomach. You then told him to lick it up. He refused, so you used your T-shirt to clean up the ejaculate.
23You got very angry with Mr Lyon for not doing what you had asked. He felt very scared and ashamed. You made him feel very guilty for not doing this. He was punished by you for the remainder of the day. He was put in his room and was told not to leave it until later that day.
24In 1986 Mr Lyon and his mother and brothers moved to Townsville. You and another man moved into their house in Townsville with them. The sexual abuse continued.
25In Queensland you said on one occasion to Mr Lyon that he should pretend that nothing was happening and not to tell anyone or you would kill him and yourself. You then showed him a scar on your hand and you said it was from a gun accident. You then explained to him that what they did together was because of their love for one another. You told him his mother did not love him, only you did. You then said that this was why he got special treatment and that it was true love.
26These comments confused Mr Lyon because his mother always showed him love. He started to mistrust his mother because he looked on you as a father figure and believed what you were telling him.
27In about 1987 Mr Lyon’s mother reunited with her partner. They eventually returned to Melton in 1987 after some moves, including a move to Darwin. When they moved back to Melton you moved back into their lives. You were living with your father in Bacchus Marsh.
28The only contact you had with Mr Lyon was when you could arrange for him to go to work with you or you would organise with his mother for him to stay at your house.
29A soon as you were back in their lives, you resumed your sexual abuse of him.
30The final charged incident occurred in 1988 when you were working for Melton Security. During the start of that year, during summer daylight saving time, when Mr Lyon was 11 and a half, you persuaded his mother to let him go to work with you. You worked the night shift. He recalls starting work at about 7.00 pm and that it was still daylight. Late into the shift you and he were driving in the Altona/Laverton area. You were near the petrol refinery. You stopped the car at the gates of premises you were patrolling. After checking the gates you got back into the car. You then grabbed his hand and placed it on your penis, over your pants, and got him to rub your penis for about a minute or so.
31You then leant over him and put your hands in his pants. You then started masturbating Mr Lyon for a few minutes. You then performed oral sex on him. (Charge 5). You were not doing it very long before a car disturbed you, and you stopped what you were doing. They then continued patrols for the rest of the night.
32At various times you would put your hand on Mr Lyon’s penis and make him stroke you while you were driving. You were also stroking his penis at times as well and were telling him about times you had had sexual encounters with other men who you said were younger than him. You then mentioned that Mr Lyon was not the first and that there were others with whom you had done things sexually. You mentioned a boy, younger than Mr Lyon, who could ejaculate. You mocked Mr Lyon telling him that for his age he had a very small penis and by that time he should have been able to ejaculate.
33You told Mr Lyon that the size of the penis was a reflection of manhood and because his penis was so small, he was not much of a man.
34Mr Lyon went to work with you on a number of occasions and the same things happened.
35You would often tell him that he had a little penis and was not very mature for his age because he could not ejaculate.
36In late 1988 Mr Lyon was at a friend’s house. The friend and Mr Lyon had a discussion about you and the sexual acts you had performed on both of them.
37Two weeks after this conversation, Mr Lyon and his friend were again at the home address of the friend. Mr Lyon was confronted by the friend’s mother about what you had done to the boys.
38Mr Lyon’s mother was also present. Mr Lyon, in fear of retribution, denied anything had happened.
39Not long after this, the friend’s mother approached you in relation to the allegations. She told you she was going to tell the police.
40After this conversation you told Mr Lyon that they would both go to gaol if he talked. You told him he would also be labelled a 'poofter'. You told Mr Lyon that you had spoken with the police and there was nothing they could do in relation to what you were doing to him. You told Mr Lyon never to tell anyone about what had happened between them.
41After this date, you did not commit any further offences against him and did not associate with him or his family.
42Mr Lyon made a complaint against you in 2008. You had been overseas for an extended period of time and were arrested on other matters in New South Wales in November 2021.
43You were interviewed on 17 August 2022 at the Hopkins Correctional Centre where you made a 'no comment' interview in respect of these allegations. You confirmed your personal details and denied knowing the victim.
44The victim, Rupert Lyon, has made a victim impact statement. He describes at length the very profound harm your abuse of him has caused him. He says since your abuse of him began he has lived in 'deep and resounding fear'. He said you turned his childhood into a place of neglect, fear, and a constant state of powerlessness. He says you 'paralysed [his] natural way of being' and impeded his natural development. He says your abuse of him stripped him of his self-worth, confidence, innocence, and integrity. As an adult it has impacted on his relationships and work and his mental health. Mr Lyon has suffered complex post-traumatic stress disorder referable to childhood sexual abuse. He says your offending 'retarded any real chance of living to [his] fullest potential'. I take into account the effects on Mr Lyon in the sentence I will impose.
45I turn now to the Commonwealth indictment tendered as Exhibit 2.
46This indictment concerns your abuse of three male children in the Philippines. You came to the attention of investigators when it was discovered you were using the services of an individual called Joey Donzo who was facilitating the sexual services of Pilipino children.
47Investigators discovered you had travelled to the Philippines and rented a house in Cebu City where Donzo brought children for you to abuse. After these sexual encounters the child was paid with Donzo receiving a portion.
48Australian Border Force records indicate you were in the Philippines between 19 January 2018 and 18 November 2021, on which date you were arrested.
49Charge 1 concerns two incidents of sexual intercourse with Martin Estes[2], an 11 -year-old boy. Charge 1 is a rolled-up charge. In addition, as part of this offending, you admitted to engaging in sexual activity with Martin Estes on one occasion, which conduct will be taken into account when sentenced is imposed for the charged offending on the indictment. All other sexual contact referred to is uncharged and relied upon as context evidence.
[2] A pseudonym.
50On the first occasion Martin was brought to your house by Donzo.
51You took Martin to a downstairs bedroom where you told him to undress and have a bath. You took naked pictures of Martin. (Scheduled conduct, Item 1, s16BA Crimes Act 1914 (Cth).
52You removed your clothes and you and Martin then lay on a bed. You began to masturbate his penis. You then inserted his penis into your mouth and performed fellatio until Martin ejaculated. (Charge 1).
53Martin was paid 300 pesos which is around eight Australian dollars.
54Martin told police this incident occurred during the Sinulog Festival, which occurs in the Philippines during January. He said he was 12 or 13 years old when it happened and that he was in Grade 6 at the time it happened.
55The second occasion occurred approximately one-week later when Donzo again brought Martin to your house.
56You told Martin to bathe and then got him to lie on the bed. You removed your clothes and lay beside Martin and began to masturbate his penis. You then began to suck his penis. When he was unable to ejaculate you gave him pornography to watch and you masturbated his penis while he watched the pornographic video. You then performed fellatio on his penis. (Charge 1). He ejaculated on the bed. This time you paid him 350 pesos.
57The second child you abused was Eugene Lopes[3]. Again, it was Donzo who brought Eugene to your house so you could abuse him.
[3] A pseudonym.
58Upon arrival you showed Eugene 500 pesos. You then removed his shorts and sucked his penis for about six to seven minutes. (Charge 2). When Eugene felt he was about to ejaculate he took his penis out of your mouth and masturbated until he ejaculated into his hand. You paid him the 500 pesos. (Charge 2). Eugene told investigators he was 12 years old when this incident occurred.
59Charge 3 involves two occasions when you engaged in sexual intercourse with Julio Rios[4], who was a nine-year-old boy. Charge 3 is a rolled-up charge. In addition, as part of this offending, you admitted to engaging in sexual activity with Julio on two occasions, which conduct will be taken into account when you are sentenced for the charged offending on the indictment. All other sexual contact referred to is uncharged and relied upon as context evidence.
[4] A pseudonym.
60Julio was at the internet café when Donzo came and collected him and eventually took him to your home. You gave Julio chocolate milk and a chocolate bar. You then took him into a room where you undressed and showered together. (Scheduled conduct, Item 2, s16BA Crimes Act 1914 (Cth)).
61After the shower, you took Julio to the bed where you sucked his penis. (Charge 3). You sucked his penis for a minute before you told Julio to get dressed and you both left your room. You gave Julio 500 pesos which he gave to Donzo who then gave Julio 350 pesos.
62The following day Donzo came to the internet café again and invited Julio to return to your home.
63Again you gave Julio chocolate milk and a chocolate bar, and you showered with him. (Scheduled conduct, Item 3, s16BA Crimes Act 1914 (Cth)).
64After the shower, and while you both remained naked, you went to your bed where you sucked Julio’s penis (Charge 3) for around one minute. Julio did not ejaculate. You paid Julio 500 pesos and gave Donzo 150 pesos.
65I now turn to the matters which I am required to have regard to on your plea, and I begin with your plea of guilty.
66You pleaded guilty to the Commonwealth matters on the 27 March 2023 at a directions hearing in this Court. In fact, you offered to plead guilty to this offending as early as 31 May 2022. On the State indictment you pleaded guilty at a committal mention on 18 July 2023. The prosecution accepts you have entered early pleas of guilty in respect of both indictments.
67Your plea of guilty has utilitarian value having saved the victims and the community the cost and trauma of a trial and occurring as it does in the context of the delays in the administration of criminal justice in this State occasioned by the COVID‑19 pandemic and the suspension of jury trials. You are entitled to a significant mitigatory discount by virtue of your plea, and I sentence you in accordance with the principles set out in the case of Worboyes.[5]
[5] Worboyes v The Queen [2021] VSCA 169 (“Worboyes”)
68I am unable to find however that your plea is accompanied by any remorse on your part. I simply have no evidence upon which to make a finding of remorse. You have offered no explanation for your offending and no material has been tendered containing any expressions of remorse on your part.
69I must consider the effects of your offending upon your victims. I have already referred to Mr Lyon’s victim impact statement in which he describes the effects of your offending on him. I do not have victim impact statements from your victims in the Philippines, but the law recognises the very serious harm that childhood sexual abuse causes both in the long and short term. There is a presumption of harm to children who have been sexually abused. It is well recognised by the Courts that children who have been sexually abused not only have their childhoods destroyed but the abuse destroys the opportunity of a healthy and natural development and transition into adulthood.
70I turn now to your antecedents and personal circumstances.
71You were born in September 1962. You are now 61. You were aged between 23 and 25 when you committed the offences against Mr Lyon and were aged 55 when you committed the offences against the three children in the Philippines.
72You were born in Bacchus Marsh. You have an older brother. Your parents separated when you were 19 years old. You report that your father was an abusive man when he drank. Both your parents are now dead. Your mother died in July of this year.
73You only attended school until the age of 15. You have had several types of employment, working as a painter for the Water Board and in security. You have managed financially in part because of inheritances from your grandmother and from your father who died in 2018.
74You do not, and have never, abused drugs or alcohol. You have no mental or physical health conditions. You are not cognitively impaired.
75You have had relationships with adult men. You described two of these relationship as having been significant. You do not have any children.
76You have a criminal record with a relevant prior criminal conviction for gross indecency with a male person under 16 for which you were convicted and fined $2,000 in the Magistrates Court on 2 November 1995. This is a referable prior conviction to the Commonwealth offending. It is a conviction after the commission of the State offending. In fact, the victim was the 13-year-old boy who was the friend of Mr Lyon referred to in the summary of the State offences.
77You have been in custody since your arrest on the Commonwealth charges on 18 November 2021. You have completed several vocational certificates, and you work as a gardening billet. Conditions in custody have been difficult because of the COVID lockdowns and restrictions. Your mother was ill and died when you were in custody. You found it difficult to communicate with her from custody during her illness, and you were not able to attend her funeral which has caused you ongoing sadness. Your closest remaining family member, your brother, and his wife, have experienced serious health conditions during your time in custody and this has caused you to worry, making your time in custody more difficult.
Objective Gravity and Moral Culpability
78I turn now to consider the objective gravity of your offending and your moral culpability.
79I begin with the offending against Mr Lyon. You began abusing Mr Lyon when he was only nine years old. You took advantage of your friendly relationship with his family to gain access to him. You abused Mr Lyon for around three years during which you subjected him to multiple acts of sexual penetration and sexual touching. On a number of occasions you relocated, following Mr Lyon and his family, and I am satisfied that you did this to be near Mr Lyon and to continue abusing him.
80From the outset you manipulated Mr Lyon in a cruel and calculating manner. You told him he would not be believed if he said anything. You told him he would go to gaol if he said anything. You told him his mother and his family would hate him. You told him he was 'gay' and a 'poofter' and that what you did was because of your love for one another, clearly all meant to instil in Mr Lyon feelings of confusion and to make him feel complicit in what you were doing to him. You made comments about his body to degrade and to diminish him. You groomed him by buying him gifts and by other acts of favouritism, and you told him that his mother did not love him and that you were the only one who loved him, again comments designed to instil confusion, to isolate Mr Lyon from his family and to make Mr Lyon emotionally dependent on you and therefore vulnerable to your sexual exploitation of him.
81Your offending was persistent, predatory, and profoundly corrupting of Mr Lyon’s innocence, self-esteem, and sense of well-being and safety. Your offending against him is objectively very serious and your moral culpability is very high.
82Turning now to your offending against the three male children in the Philippines.
83I was referred by the prosecution to the case of Beattie[6], a decision of the New South Wales Court of Appeal in which Price J set out a number of matters relevant to the assessment of the gravity of this type of offending and which include the consideration of :
[6]DPP (Cth) v Beattie [2017] NSWCCA 301.
(i) the age of the child and the number of children involved in the offending;
(ii) the gravity of the sexual offence;
(iii) the extent of any cruelty or physical harm experienced by the child in the
Offending;(iv) the vulnerability of the child to sexual exploitation, including the country in
which the child resides and the child’s impoverished circumstances;(v) the role of the offender in the production of the offence, including in the selection of the child, the nature and duration of the offence, the number of adults directly involved in the commission of the offence, and whether the offender provided any payment or other material benefit to a third party for the offence;
(vi) the level of control exercised by the offender, including by communications and directions with persons overseas, before or whilst the sexual offence occurs;
(vii) the degree of planning, organisation or sophistication employed by the offender in causing the child to engage in the offending;
(x) whether the sexual offence was recorded by the offender,
(xi) whether the sexual offence was recorded by the offender with the intention of disseminating the recording to other persons;
(xii) whether any payment or other material benefit was intended to be received or was received by the offender for causing the child to engage in the sexual offence; and
(xiii) whether the offender acted alone or in a collaborative network of like-minded people.[7]
[7] DPP (Cth) v Beattie [2017] NSWCCA 301 at [127]
84Applying these considerations to your offending. Your three victims were all young boys. Two were aged 12/13 and Julio was only aged 9. You subjected all three boys to acts of sexual penetration. Charges 1 and 3 are rolled-up counts involving two incidents. One of the benefits to you by virtue of your plea on Charges 1 and 3 is that you are sentenced in accordance with a single maximum penalty. I must however have regard to the totality of your offending in the sentence I impose. I must also in respect of Charges 1 and 3 have regard to the uncharged acts (referred to as the Scheduled Conduct) which in respect of Charge 1 is photographing Martin naked, and in respect of Charge 3 showering with Julio on 2 occasions. You paid the children for their sexual servitude. In her written submissions, Ms Karamaciov, who appeared to prosecute, informed me that as at September 2023, 500 pesos was equivalent to A$13.79. In other words, you used the children as objects to be bought and sold and bought and sold for a pittance. This in my view, above all other considerations, is the most heinous aspect of your behaviour; you exploited the vulnerability of children living in poverty in a poor country. You involved yourself with Donzo, a procurer who you paid. The only features referred to by Price J missing in your case are that you did not subject any of the children to any cruelty or physical harm, and save for photographing Martin naked you did not record any of your abuse, nor did you involve others either by disseminating any photographs or involving them in the actual offending.
85In respect of this offending, I regard your offending as objectively very serious and your moral culpability as high.
Submissions.
86I turn now to the submissions of the parties and I begin with the submissions made by Ms Karamaciov on behalf of the Commonwealth and State Directors.
87Ms Karamaciov submitted that a term of imprisonment consisting of a head sentence and a non-parole period was required on both indictments.
88She submitted the principles of both specific and general deterrence, denunciation and community protection are engaged in sentencing you.
89She submitted the charges indicate that you have a long-standing sexual interest in underage boys. She submitted no material has been put before the Court to explain your offending and therefore your risk of reoffending and prospects of rehabilitation are unable to be assessed.
90In respect of the State offences, you fall to be sentenced as a Serious Sexual Offender from Charge 3 onwards. The prosecution do not seek a disproportionate sentence on these charges.
91Ms Karamaciov acknowledged the application of the principle of totality given that you fall to be sentenced for a number of offences but submitted there should be orders of cumulation between the State and Commonwealth offences.
92She acknowledged the relevance of your plea of guilty. On the question of delay, she submitted it had not been inordinate and the delay had in fact been beneficial to you as matters that were listed for trial had to be discontinued.
93She referred me to some comparator cases[8] in respect of the Commonwealth charges.
[8] Merrill (A Pseudonym) v R [2018] VSCA 62, R v Schultz [2023] QCA 150, DPP (Cth) v Beattie [2017] NSWCCA 301
94I turn now to the submissions made by your counsel Ms Smith. She did not dispute the seriousness of your offending or the inevitability of a custodial sentence on both indictments. In mitigation she relied on the following matters.
95First, your plea of guilty which she submitted was accompanied by remorse. I have already indicated that you will be sentenced in accordance with Worboyes principles but that I reject that you have shown any remorse or insight into your offending.
96Secondly, you only have one prior conviction referrable to the Commonwealth indictment only.
97Thirdly, the delay in finalising these matters which she submitted was not attributable to you.
98Fourthly, the difficult conditions you have experienced in prison during the period of lockdowns, and which involved the death of your mother whose funeral you were unable to attend.
99Fifthly, she submitted you have done all you can in custody to use your time productively.
100Sixthly, she submitted your prospects of rehabilitation were good given your plea of guilty, your advancing age, your instructions that you are willing to engage in treatment and given that you do not suffer any cognitive deficits.
101Finally, she submitted the principle of totality was important in the sentencing exercise and a crushing sentence should be avoided.
Conclusions.
102I turn now to the application of the sentencing principles.
103I have already described in these reasons the very serious nature of your offending and your high moral culpability.
104The sentencing principles of general deterrence, denunciation and just punishment are all engaged in sentencing you, as are specific deterrence and community protection. You have a long-standing attraction to underage boys and have committed serious sexual offences against boys spanning several decades. I have no material which explains your behaviour. I accept the prosecution submission that in these circumstances I am unable to access the risk of reoffending you pose or your prospects of rehabilitation. In my view the only protective factors in terms of community safety are your advancing age and that you now face a significant period of imprisonment.
105I take into account that you are using your time productively in custody. I take into account the delay in finalising this matter which must have caused you some stress, although I give it little weight in the sentence I impose as it can hardly be regarded as inordinate.
106You fall to be sentenced as a Serious Sexual Offender on Charges 3 – 5 on the State indictment the Court is therefore required to consider protection of the community as the principal purpose for which sentence is imposed, although the prosecution do not seek a disproportionate sentence. The Court is also required to impose cumulative sentences unless otherwise ordered. The principle of totality is not displaced by the application of the serious sexual offender provisions.
107Totality is an important sentencing consideration given you face a number of very serious charges all potentially attracting significant terms of imprisonment. I must sentence you to an overall head sentence and non-parole period which reflects the totality of your offending in respect of both indictments. I accept the prosecution submission that there should be cumulation between the two indictments and I intend also to order some cumulation between charges on both indictments given the very serious incidents of sexual abuse captured by all charges and in respect of the Commonwealth indictment taking into account there are three victims.
108I have had regard to the comparator case in respect of the Commonwealth charges. These cases have been of some assistance in sentencing you on these charges but ultimately, I must sentence you on the facts and circumstances of your particular case.
109I have had regard to the maximum penalties for the offences. Yesterday I was about to sentence you but was informed I had erroneously stated the maximum penalty for the offence of engaging in sexual intercourse with a child outside Australia was 25 years. Upon being informed of the correct maximum I took time to review and reconsider the sentences I had imposed on those offences in light of the correct maximum penalty of 20 years' imprisonment.
Sentences and Orders.
110Taking into account all the matters I am required to under the Sentencing Act 1991 and in accordance with s 16(A) of the Crimes Act 1914 and matters personal to you, I intend to sentence you as follows. You can remain seated in the circumstances, Mr Corbett.
111I begin with the State indictment.
112On Charge 1 you are convicted and sentenced to one year and 6 months' imprisonment.
113On Charge 2 you are convicted and sentenced to 6 years' imprisonment.
114On Charge 3 you are convicted and sentenced to 6 years' imprisonment.
115On Charge 4 you are convicted and sentenced to 5 years' imprisonment.
116On Charge 5 you are convicted and sentenced to 6 years' imprisonment.
117Charge 2 is the base charge. I direct that 1 year of the sentence on Charge 4 and 2 and on the sentence on Charge 5 be served cumulatively upon Charge 2 and upon each other. That makes a total effective sentence of 9 years' imprisonment. I direct you serve a non-parole period of 6 years.
118On the Commonwealth indictment.
119On Charge 1 you are convicted and sentenced to 7 years' imprisonment.
120On Charge 2 you are convicted and sentenced to 6 years' imprisonment.
121On Charge 3 you are convicted and sentenced to 8 years' imprisonment.
122I direct that the sentence on Commonwealth Charges 2 and 3 commence 2 years before the expiry of the State non parole period.
123I direct that the sentence on Commonwealth Charge 1 commences 2 years after the expiry of the State non parole period.
124That makes a total effective Commonwealth sentence of 11 years.
125That makes a total effective sentence of 15 years on both indictments.
126I set a non-parole period on the Commonwealth offences of 8 years to commence 2 years before the expiry of the non-parole period of the State sentence.
127I set a global non-parole period of 12 years.
128Pursuant to s18 (4) the presentence detention referable to the State indictment is 224 days not including today.
129Pursuant to s18(4) the presentence detention referable to the Commonwealth indictment is 705 days not including today.
130Pursuant to s6AAA of the Sentencing Act 1991 had you pleaded not guilty to the State indictment I would have sentenced you to a total effective sentence of 12 years' imprisonment with a non-parole period of 8 years.
131In respect of the Commonwealth indictment pursuant to s.6AAA of the Sentencing Act had you pleaded not guilty 15 years with a non-parole period of 11 years.
132I sentence you as a serious sexual offender on Charges 3-5 on the State indictment and I direct that your serious sexual offender status be entered into the records of the Court.
133You are a registered sex offender for life.
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