Director of Public Prosecutions (Cth) v Smart
[2018] VCC 2173
•19 December 2018
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 17-00445
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RODNEY JAMES SMART |
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| JUDGE: | HIS HONOUR JUDGE WRAIGHT |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 30 November 2018 |
| DATE OF SENTENCE: | 19 December 2018 |
| CASE MAY BE CITED AS: | DPP (Cth) v Smart |
| MEDIUM NEUTRAL CITATION: | [2018] VCC 2173 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Use a carriage service to groom a person under the age of 16 – Transmit child pornography using a carriage service – Procure a child to engage in sexual activity outside Australia – Groom a child to engage in sexual activity outside Australia – Knowingly possess child pornography material – Serious example – Diagnosis of Autism Spectrum Disorder – Specific Deterrence – Limited genuine remorse – No prior criminal history – Serious sexual offender.
Legislation Cited: Criminal Code Act 1995; Crimes Act 1958; Crimes Act 1914; Sentencing Act 1991; Sex Offenders Registration Act 2004.
Cases Cited: DPP (Cth) v Beattie [2017] NSWCCA 301.
Sentence:Imprisonment for 7 years and 4 months with a non-parole period 4 years and 10 months on the Commonwealth charges only.
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APPEARANCES: | Counsel | Solicitors |
| For the Commonwealth Director of Public Prosecutions | Ms M Brown | Office of the Commonwealth Director of Public Prosecutions |
| For the Accused | Mr R de Kretser | Stary Norton Halphen |
HIS HONOUR:
1Rodney James Smart, you have pleaded guilty to an indictment containing 15 Commonwealth charges and one State charge. The Commonwealth charges are as follows:
(a) Charge 1, use a carriage service to groom a person under the age of 16 for sexual activity contrary to s.474.271 of the Criminal Code Act 1995 (‘Criminal Code’), which carries a maximum penalty of 12 years' imprisonment,
(b) Charge 2, transmit child pornography using a carriage service contrary to s.474.191 of the Criminal Code which carries a maximum penalty of 15 years' imprisonment,
(c) Charge 3, transmit child abuse material using a carriage service contrary to s.474.221 of the Criminal Code which carries a maximum penalty of 15 years' imprisonment,
(d) Charges 4, 5, 7, 8, 10, 11, 12 and 14, procure a child to engage in sexual activity outside Australia contrary to s.272.141 of the Criminal Code which carries a maximum penalty of 15 years' imprisonment, and
(e) Charges 6, 9, 13 and 15, groom a child to engage in sexual activity outside Australia contrary to s.272.151 of the Criminal Code which carries a maximum penalty of 12 years' imprisonment.
2The State charge is as follows:
(a) Charge 16, knowingly possess child pornography material contrary to s.71 of the Crimes Act 1958 (‘Crimes Act’) which carries a maximum penalty of ten years' imprisonment.
3You have no prior convictions.
Circumstances of the offences
4The prosecution opening was tendered on the plea which may be summarised as follows:
5The background to this matter relates to the Australian Federal Police (‘AFP’) identifying sexual exploitation of children in the Philippines by Australian offenders, purchasing customised child sex shows via Internet live video streaming. These pay per view child exploitation shows, or cam shows, are ordinarily paid for by small amounts of money transferred overseas.
6You have been identified by the AFP as having transferred small amounts of money overseas to a number of different recipients over a period of several years. For example, you had transferred money to the Philippines on 310 occasions between 9 November 2012 and 15 January 2015 using OneMoney remittance company.
7At approximately 8.30 am on Sunday 17 January 2016, you arrived at Melbourne International Airport from Manila, the Philippines. AFP officers examined your baggage and mobile telephone upon arrival. The mobile telephone was found to contain evidence of recent communication with children under the age of 16 years.
8AFP officers were notified and met with you at 10.47 am at which point a search warrant was executed on you pursuant to s.3E of the Crimes Act 1914. You then participated in a taped conversation with AFP officers in which you stated, amongst other things, that;
(a) you had kissed a 14 year old girl whilst overseas,
(b) the costs for an 18, a 15 and a 12 year old girl,
(c) that the 14 year old girl you kissed lives with the guy that was offering you the young girls, and
(d) that it was his mother who had arranged the meeting.
9You also said during that interview, admittedly, "You're going to find stuff on me. If you can bring back these deleted messages, you're going to find stuff there as well".
10Following the taped conversation, you were formally arrested and charged with a number of child pornography offences. You were then conveyed to the AFP headquarters for a formal interview. During the interview you stated the following;
(a) That you transferred money to the Philippines for financial assistance;
(b) that you do not like or do underage cam shows; that you transfer money to people to help them, not to see cam shows;
(c) that you were trying to get people not to do this and it was "probably wrong of me to do that";
(d) that you had been engaging in this behaviour "possibly it would be years", and
(e) that you never wanted it to go this far and you wished the police had come to you sooner.
11AFP officers executed a search warrant at your home at Interman Road, Boronia, which is where you lived with your mother. A thermaltake computer tower and a Samsung 4G mobile telephone was seized during the execution of the warrant. You provided details of usernames and passwords to the police in compliance with an order issued pursuant to s.3LA of the Crimes Act 1914.
12Subsequent analysis of the devices seized from your home established that you had been using Facebook, Yahoo Messenger and Skype accounts in the name of Rod Smart and Snaketails to groom and procure children for sexual activity outside Australia, and to cause child pornography and child abuse material to be transmitted.
13In addition to recovering chat logs of conversations involving you, forensic analysis revealed that you had been conducting pornographic Internet searches including "Chili in pussy", "Knife in Filipino", "Hot wax inside vagina" and "Knife in pussy".
Charge 1, using a carriage service to groom a person under 16
14This charge relates to conversations you had with the complainant who was known to you on Facebook between 21 July 2011 and 4 June 2013. The conversations were increasingly suggestive in nature and were for the purposes of making it easier for you to procure the complainant for sexual activity. You bought the complainant an old computer monitor and Internet dongle when her family could not afford it and paid the monthly bill.
15In the prosecution opening, there are a number of examples of how you were speaking to the complainant including;
(a) asking how her boyfriend was and whether you could "have a turn" with her,
(b) telling the complainant she has a "sexy picture and nice tits", and
(c) telling the complainant that another school girl's mother is "possibly jealous 'cause you look hotter than she ever did".
Charge 2, transmit child pornography material
16This is a rolled up between dates charge that relates to you using child pornography to be transmitted on various occasions between 10 September 2011 and 16 January 2016. You used your Facebook and Skype accounts to discuss various sexual activity with children, both with likeminded individuals online and with those facilitating the ongoing abuse. You also ordered and paid for live sex shows with children using these accounts. Accordingly, the child pornography said to have been transmitted comprises of both text in those conversations and the live shows. Details of the conversations in which child pornography material was transmitted are attached to the prosecution summary and marked as an Annexure B.
Charge 3, transmit child abuse material
17This is a rolled up between dates charge that relates to you transmitting child abuse material on various occasions between 8 November 2011 and 16 January 2016. This charge is based on analysis of chat records from your social media accounts. Examples include you discussing piercing a child's nipple with a needle and dripping hot candle wax onto a child's genitalia. Details of conversations in which child abuse material was transmitted are attached to the prosecution summary and marked as Annexure C.
Charge 4
18Charges 4, 5, 7, 8, 10, 11, 12 and 14 concern charges of procuring a child to engage in sexual activity outside Australia.
19Charge 4 relates to you using Facebook to communicate with Edith Dias[1] between 26 December 2012 and 10 September 2013. In the various chat logs you discussed procuring Edith Dias’ 14 year old niece for sexual activity. You say that "I'd like to try younger, ten to 12, doubt it will ever happen though" and you ask, "How do I find younger?". Edith Dias says she has a 14 year old niece. You responded, "Then I visit you there and sleep with her". You discussed whether the niece would have "one night of sex" in exchange for you paying for her to travel and then you say, "I have option of her or a 12 year old from Cebu to spend one night in Clark".
[1] A pseudonym.
Charge 5
20This charge relates to you using Facebook to communicate with Price Welcome to my Life between 28 April 2013 and 24 December 2015. In the various chat logs you discussed procuring girls known to Price Welcome to my Life aged between 13 and 16 for sexual activity. On one occasion you ask, "What ages are available, all holes available, no condom or virgin?”. You were told there were girls available aged 13, 14 and 16. You said, "You get me young for fuck" and Prince responded, "I never forget that you really like young". You ask, "How much to fuck one of the girls, a virgin?" and that it will be, "5K for 24 hour rental after I take her virgin". You make a number of transfers to this user. You asked if "they available for fuck when I'm there". You said you wanted "obedient young sexy girls and very long hair". You refer to seeing one of the girls nude after a bath, that you saw her play with her body and that she liked you seeing her.
Charge 7
21This charge relates to you using Yahoo Instant Messenger to communicate with Kimberleyhun607 between 23 January 2014 and 31 January 2014 with the intention of procuring her for sexual activity outside Australia. You transferred money to an account and confirmed the amount with Kimberley. You told Kimberley, "I do expect you will let me into your bed the first night I meet you. I don't want to wait till you're 18 to fuck you please. I want you to lose your virgin at 14 to me". You told her to tell her mother why you transferred 2,000.
Charge 8
22This charge relates to you using Facebook to communicate with user Pia Aquino[2] between 21 February 2014 and 22 January 2015. Your intention was to procure two children for sexual activity outside Australia. The two children were aged eight and 13 years old respectively. Pia Aquino said, "Here at my place lots of eight year old. I will take them, pick always in road plain". You responded, "And who can I fuck?". Pia Aquino told you that you can be the first person to have sex with one of the girls. You responded, "I want you finger break her so that she have better time with me. Take pictures. You know the size of my cock. It's going to hurt her too much I think". You showed Pia Aquino that you had transferred funds to her, she sent you a picture of one of the girls and you asked if you can be her first big cock.
[2] A pseudonym.
Charge 10
23This charge relates to you using Skype to communicate with Tina Marcos[3] between 1 March 2014 and 15 November 2015 with the intention of procuring her two daughters aged eight and 12 for sexual activity outside Australia. You and Tina Marcos discussed when you were arriving in the Philippines, you asked, "Which daughter to I own?", to which Tina Marcos responded, "The elder". You responded, "How much to fuck sister?". You transferred money on 13 September to her and asked to "see my three lovely cunts nude".
[3] A pseudonym.
Charge 11
24This charge relates to you using Facebook to communicate with Eliza Estrada[4] between 24 April 2014 and 30 August 2015 with the intention of procuring her sisters and a child called Irene[5] for sexual activity outside Australia. You asked, "Can young fuck?". When you were told the ages of the sisters, eight, 12 and 15, you queried whether they are still virgins and how much it will be to meet them. You then spoke to Irene, the 13 year old and asked, "Fuck you in your house and tell me about all sisters, age, height, weight, boob size, pussy hair, pussy taste, education". You told Irene that you have rules, specifically, "No education, never wear bra or panties, never menstruate, always submit to punishment. If I ask you to fuck a guy or a dog, you will fuck them". You indicated that you had transferred money for the sisters to purchase a web camera.
[4] A pseudonym.
[5] A pseudonym.
Charge 12
25This charge relates to you using Facebook to communicate with Cher Cordova[6] between 23 November 2014 and 24 November 2014 with the intention of procuring her 12 year old sister for sexual activity outside Australia. You asked whether Cher Cordova’s sister does shows and whether the sister has "had sex with a guy before". Cher Cordova said, "She just suck". You both discussed how much a show featuring the sister would cost and you confirmed that you had sent money for this purpose.
[6] A pseudonym.
Charge 14
26This charge relates to you using Skype to communicate with Elita Rivera[7] between 27 August 2015 and 15 December 2015 within the intention of procuring both her and another child named Rey[8] for sexual activity outside Australia. You and Elita discussed having sex when you travelled to the Philippines and that Rey will join Elita to meet you in Cebu. Elita told you that Rey is 12. You negotiated pictures of Elita and Rey for 5,500 saying, "You full nude with [Rey] topless". You asked the following. "[Rey] is okay to fuck?", "[Rey] menstruating?", "What will happen when Aunt knows she's doing sex shows to me?", "Will I go to prison?" and, "What about after I have broken [Rey] virgin?". You then transferred Elita 5,610 pesos.
[7] A pseudonym.
[8] A pseudonym.
27You and Elita discussed you paying for flights for her and Rey. You then told Elita that you "cannot wait to push my cock inside you, lay you on your back and fuck you" and that "you won't like my cock in your ass easily".
Charge 6
28Charges 6, 9, 13 and 15 are charges of grooming a child to engage in sexual activity outside Australia.
29Charge 6 relates to you using Facebook to communicate with Regina Castillo[9] between 16 August 2015 and 21 August 2015 with the intention of making it easier to procure her for sexual activity outside Australia. During your first conversation, Regina Castillo tells you that she is 14 years old. You ask her if she likes sex and whether you can see her naked. You tell her, "I want to own you" and you transfer money to her. You requested that she post her Facebook, "My body is available for my master to sex any way he wants" and told her, "I want my cock in your ass now and pussy".
[9] A pseudonym.
Charge 9
30This charge relates to you using Skype to communicate with a 14 year old using the Skype handle Easy between 27 February 2014 and 30 September 2014 with the intention of making it easier to procure her and her 13 year old, Gail, for sexual activity outside Australia. You asked her to remove her clothes so that you could see what is underneath and then said, "Wow, more. Okay, just that was 10,000 times better than make ever did. Please show you wearing dress again, legs open and showing beaver. You fly to Clark, we have one night of love making, then December you have me all the time in December. The 50K is unconditional use and fucking of your body. The usual payment for a cam show is 2,000 for 40 minutes including toys but I didn't ask that of you and I allowed more money because it is you". You and Easy discussed whether you are interested in having an 18 year old friend join Easy for a cam show. You said, "You cannot replace a gorgeous 11 with a much older 18" and that "should be girls there that you can get or homeless or orphan age 11 to 13, small boobies". Easy introduced you to Gail who says she is 13 years old. You said you will pay 4,000 Philippine pesos to see Gail's boobies and asked if she "likes cock".
Charge 13
31This charge relates to you using Facebook to communicate with Josie Banatao[10] between 27 November 2014 and 13 December 2014. Josie Banatao told you she was 13 years old during your first conversation. You communicated with Josie Banatao with the intention of making it easier to procure her for sexual activity outside Australia. You asked, "Do you cam?". You both discussed how much she would charge for a cam show and what sexual acts she would perform. You asked, "What's your availability in meeting in real?".
[10] A pseudonym.
Charge 15
32This charge relates to you using Skype to communicate with Rey, a primarily school aged girl using the account handle [omitted] between 21 October 2015 and 15 December 2015 with the intention of making it easier to procure her for sexual activity outside Australia. Rey told you she was in Grade 5. You told her you want someone who will obey you and you asked for pictures of Rey and whether she will give you a birthday treat.
Charge 16, knowingly possess child pornography
3334 child pornography files, that is 33 image files and one video file, were located on electronic devices seized from you. Some of the child pornography images appear to be still images from webcam shows. The child pornography files were classified into the following categories;
(a) Category 1, 12 images;
(b) Category 2, six images, one video;
(c) Category 3, nil images;
(d) Category 4, 14 images; and
(e) Category 5, one image.
Nature and gravity of the offending
34The Commonwealth offences on the indictment are by their nature very serious charges which is reflected by the maximum penalties of 15 years' imprisonment in relation to the procuring charges and the transmission of child abuse material charges and 12 years' imprisonment in relation to the grooming charges. The State charge of possession of child pornography is also a serious offence reflected by the maximum penalty of ten years' imprisonment.
35The recent decision of the DPP (Cth) v Beattie[11] considered the factors which are relevant in sentencing in assessing the objective seriousness of offences of this nature. Pursuant to s.16A(2)(a) of the Crimes Act 1914, in my view the following factors as outlined in Beattie have application in this instance:
(a) The age of the children and the number of children involved;
(b) the gravity of the sexual offence;
(c) the vulnerability of the children to sexual exploitation including the country in which they reside and the child's impoverished circumstances;
(d) the level of control exercised by the offender including by directions and communications with persons overseas before or while the sexual offence occurs;
(e) the degree of planning, organisational sophistication employed by the offending causing the child or children to engage in the sexual offence; and
(f) whether the sexual offence was viewed by the offender by means such as real time video links, web cams, chat video rooms or live streaming.
[11]DPP (Cth) v Beattie [2017] NSWCCA 301
36When consideration is given to all of the circumstances, taking into account the applicable matters noted above, your offending in totality is in my view very serious. It involved the deliberate exploitation of vulnerable children for your sexual gratification and it involved multiple victims. I also note that the charges on the indictment represent offending that occurred over approximately five years between 2011 and 2016 when you were aged between 44 and 49.
37Your offending involved taking advantage of children in poverty, living in environments where their vulnerability was available for exploitation. The girls that you sought to groom and ultimately procure for your sexual gratification were aged as young as eight and up to 16. Further, Charges 2 and 3 are rolled up charges representing transmission of child pornography and child abuse material over a five year period, while the remaining Commonwealth charges represent between dates communications reflecting multiple instances of criminality.
38Ms Brown, who appeared on behalf of the Commonwealth Director of Public Prosecutions, highlighted the fact that your communications demonstrated your lack of empathy for the girls and that your sole interest was in gratifying your own sexual desires. She highlighted some aspects of the communications which demonstrate this, including on one occasion in communication with an adult male from the United Kingdom, you and the other person discussed how to get girls into hotel rooms and how you can get poor young girls to do anything you want for money. Having viewed the various chat logs, it is clear that your communications often reflect this way of thinking.
39As to the charge of possession of child pornography, I note that possession of such material contributes to the ongoing exploitation of the victim as it creates and sustains a market that encourages the production of child pornography and child abuse material. As such in the circumstances here, while the possession is not the large number of images that is often found in these types of cases, I still view this charge as a serious charge.
Personal circumstances
40You are now 52 years of age. As noted, your age at the time of the offences represented on the indictment was 44 to 49 years.
41You were born in Victoria and grew up in the Boronia and Ferntree Gully areas and have described a relatively normal childhood. You have two twin brothers who are younger than you and are currently aged 49. Your father was a printer and set up his own business in Ferntree Gully. Your mother work as an accountant and assisted in the printing business.
42You attended Boronia Primary School followed by Boronia Technical College for one term before transferring to Box Hill Technical College. You were an average student and you struggled with some subjects. During your school experience you had difficulties socialising and were a victim of bullying through your school years. You completed Year 11.
43In 1984, you undertook an electronic course at Box Hill TAFE. You struggled with some aspects of the course and had to repeat one subject a number of times. From 1987, at age 21, you have maintained consistent full time employment for the majority of your adult life. You worked for a number of years as a printed circuit board technician. You then worked for 12 to 13 years in testing systems for electronics. You have also worked as a welder. More recently you were involved in casual employment through an employment agency until your arrest in 2016.
44In 2008 your father passed away and you continued to live in the family home in Boronia with your mother. As such, you have lived in that family home your entire life and you and your mother have become co-dependent. You do not have a current partner and you have never been in a long term relationship. You do not have any children.
45A psychological report was prepared by Susan Carey, Clinical Neuropsychologist, and tendered on the plea. Ms Carey applied a number of neuropsychological tests and concluded that your cognitive functioning was generally intact. Ms Carey did, however, conclude that as a result of testing, you fulfil the criteria for autism spectrum disorder.
46She notes that you demonstrate persistent deficits in social communication and social interaction across multiple contexts. She concludes that you did not have any cognitive disorder at the time of the offending, however she notes that your autism spectrum disorder is a pervasive development disorder and was present during the offending period. She concludes that because of your mental functioning, you have had longstanding difficulties with social interactions that may have made it difficult for you to understand others' emotions and points of view and therefore likely to make you more vulnerable to peer influence. She notes that because you have lived with your parents for your entire life, that demonstrates the level of emotional and psychological support that your family have provided.
47Ms Carey is of the view that any custody or sentence that you receive will cause you to psychologically struggle with removal from that limited support network. As such, Ms Carey is of the view that your autism spectrum disorder will render prison more arduous for you than persons without your condition.
48Also tendered on the plea were references from both of your brothers and your mother who were all in court supporting you during the plea. Your brothers' references to a large degree support the conclusions of Ms Carey in that they provide further first hand details about the difficulties you have had with social interaction throughout your life. Your brother Paul makes the observation that due to your shyness around people, you would often retreat into your online world of gaming and, evidently, the activities that have given rise to these offences. That said, given your interest and expertise in technology, you would often assist people online with free help and advice in relation to computers and operating systems due to your proficiency in the area.
Sentencing considerations
49In relation to the 15 Commonwealth charges, I am required to take into account a number of matters pursuant to s.16A of the Crimes Act 1914. Ms Brown highlighted a number of the matters in s.16A(2) that must be given weight.
50In cases such as this, it was submitted, and I agree, that general deterrence must be a paramount sentence in consideration. Offences of this nature are difficult to detect and involve sexually motivated exploitation of children. Such conduct must also be denounced by the courts in clear terms.
51It was also submitted that although you do not have any prior convictions, specific deterrence should still be given weight. This is so, it was submitted, because of the extent of your offending, the number of victims and the lengthy period of offending. Having read Ms Carey's report, in my view, you have demonstrated some insight into your offending. The extent of that insight remains unclear and as such, Ms Carey recommended that a formal sex offender risk assessment be undertaken in order to determine the most appropriate treatment options. The nature of your offending will necessarily require you to undergo such testing and treatment in custody in order to appropriately assess your prospects of parole. In my view, some weight must be given to specific deterrence.
52Mr de Kretser, who appeared on your behalf, highlighted the matters in mitigation. First and foremost, he submitted that your pleas of guilty and your cooperation with the authorities should be given significant weight. As noted above, when arrested you informed the police as to what they would find on your phone. You made full admissions to the offences including volunteering information as to the nature and extent of your offending. In the circumstances, I accept that your plea of guilty was entered at the earliest opportunity and as such has saved considerable court time and thereby has facilitated the course of justice. I also take into account your cooperation at the time of arrest which provided information which also saved considerable time in the investigation of this matter.
53It was submitted on your behalf that you have demonstrated genuine remorse. I accept that you have acknowledged your wrongdoing and as reported by your mother, you have apologised to her and your brothers for your behaviour. However, for the reasons noted above in relation to your limited insight, in my view there is little evidence of genuine remorse that demonstrates an appreciation of the impact of your offending on the victims. I acknowledge however that when apprehended, you recognised the seriousness of your offending when you conveyed to the police a sense of relief that you had been caught.
54As to your prospects of rehabilitation, Mr de Kretser pointed to the fact that you have no prior convictions and have not reoffended whilst on bail. He also noted the comments of Ms Carey in that regard in that you had no cognitive impairments that would elevate your risk of offending such as an impulse control disorder. As noted above, any risk will be further adduced by participation in sex offender treatment and programs you will be required to undertake whilst in custody.
55Ms Brown submitted, and your counsel rightly conceded, that the only appropriate sentence in relation to the Commonwealth charges is one of imprisonment. Pursuant to s.17A(1) of the Crimes Act 2014, I am satisfied that no other sentence is appropriate. As to the State charge of possession of child pornography, in my view the only appropriate sentence is also one of imprisonment.
Sentence
56Mr Smart, would you please stand.
57In sentencing you, I will deal with the State charge first.
58On Charge 16, knowingly possess child pornography, you are convicted and sentenced to 12 months' imprisonment. That sentence will commence today, 19 December 2018.
59On Charge 2, using a carriage service to transmit child pornography, you are convicted and sentenced to four years' imprisonment to commence eight months after the commencement of the sentence on Charge 16.
60On Charge 3, using a carriage service to transmit child abuse material, you are convicted and sentenced to four years' imprisonment to commence three months after the commencement of the sentence on Charge 2.
61On Charges 4, 5, 7, 8, 10, 11, 12 and 14, procuring a child to engage in sexual activity outside Australia, you are convicted and sentenced to four years' imprisonment on each charge.
62The sentence on Charge 4 will commence three months after the commencement of the sentence on Charge 3.
63The sentence on Charge 5 will commence three months after the commencement of the sentence on Charge 4.
64The sentence on Charge 7 will commence three months after the commencement of the sentence on Charge 5.
65The sentence on Charge 8 will commence three months after the commencement of the sentence on Charge 7.
66The sentence on Charge 10 will commence three months after the commencement of the sentence on Charge 8.
67The sentence on Charge 11 will commence three months after the commencement of the sentence on Charge 10.
68The sentence on Charge 12 will commence three months after the commencement of the sentence on Charge 11.
69And the sentence on Charge 14 will commence three months after the commencement of the sentence on Charge 12.
70On Charge 1, grooming a person under 16 for sexual activity and Charges 6, 9, 13 and 15, grooming a child to engage in sexual activity outside Australia, you are convicted and sentenced to three years' imprisonment on each charge.
71The sentence on Charge 1 will commence one month after the commencement of the sentence on Charge 14.
72The sentence on Charge 6 will commence one month after the commencement of the sentence on Charge 1.
73The sentence on Charge 9 will commence one month after the commencement of the sentence on Charge 6.
74The sentence on Charge 13 will commence one month after the commencement of the sentence on Charge 9.
75The sentence on Charge 15 will commence one month after the sentence on Charge 13.
76That makes for a total effective sentence of seven years and four months. In relation to the Commonwealth charges, I fix a non-parole period of four years and ten months. I decline to set a non-parole period in relation to the State sentence and although declared as a non-parole period of four years and ten months, the total time in custody before release will be five years and six months.
77As I am sentencing you to a period of imprisonment in relation to Charge 16, you fall to be sentenced as a serious sexual offender pursuant to Part 2A of the Sentencing Act 1991. However, in all the circumstances I do not consider that a disproportionate sentence should be passed further. The offences you have pleaded guilty to will result in you being required to comply with the reporting requirements imposed by the Sex Offenders Registration Act 2004 for the remainder of your life.
78If not for your plea of guilty, I would have sentenced you to a period of imprisonment of nine years and six months with a non-parole period of seven years, that is a period of seven years to serve in custody before release.
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