Director of Public Prosecutions v Abbott (a pseudonym)

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

BRADY ABBOTT (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	4 April 2025
DATE OF SENTENCE:	30 April 2025
CASE MAY BE CITED AS:	DPP v Abbott (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 525

REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords:              Two charges of sexual penetration of a 16 or 17 year old child under care supervision or authority – Course of conduct charges – Offending occurred over two years – Victim an employee of the offender – Guilty pleas – Delay – Limb 5 and 6 of Verdins – Relevant prior history – Serious Sexual Offender provisions.
Legislation Cited:      Crimes Act 1958; Sex Offenders Registration Act 2004; Sentencing Act 1991.
Cases Cited:DPP v Cooper [2022] VCC 1687; Gordon v R [2013] VSCA 343; DPP v Tullipan (a pseudonym) [2021] VSCA 19; DPP v Ooms [2023] VSCA 207; Crawford v The Queen [2018] VSCA 113; DPP v Mcoy [2019] VCC 680; Verdins v The Queen (2007) 16 VR 269.
Sentence:                  Total effective sentence of 5 years’ imprisonment with a non-parole period of 3 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms H Baxter (Plea) Mr T Crouch (Sentence)	Office of Public Prosecutions
For the Accused	Mr T Fitzpatrick	Chester Metcalfe & Co

HIS HONOUR:

Introduction

Brady Abbott,[1] you have pleaded guilty to two charges of sexual penetration of a 16 or 17 year old child under your care supervision or authority, contrary to s 48(1) of the Crimes Act 1958.[2] The maximum penalty applicable to each of these charges is 10 years’ imprisonment.
[1] A pseudonym.
[2]Arraigned on 22 January 2025.
Both charge 1 and 2 are course of conduct charges relating to acts committed by you against the victim on at least a weekly basis over a period of two years, the relevant period being between 14 November 2012 and 13 November 2014. Specifically:
(i) Charge 1 relates to the victim introducing his penis into your mouth; and
(ii) Charge 2 relates to you introducing your penis into the victim’s anus.
Circumstances of the offending
The circumstances of your offending are set out in an agreed Summary of Prosecution Opening for Plea dated 22 January 2025.[3]
[3] Exhibit A.
You were born in 1969. The victim was born in 1996. During the period of the offending you were between 43 and 45 years of age and the victim was between 16 and 17 years old.
Around 2009 you were living in Shepparton and were employed part-time at a local Post Office and Milk Bar. You worked there until July 2009. You also had a part-time gardening business.
The victim’s sister also worked part-time at the Post Office. The victim occasionally attended the Post Office. The victim’s sister told him that you had enquired if he would be interested in doing some gardening work for you. At this time the victim was around 12 years of age.
It was arranged that the victim would attend your residence. During this first visit you watched a pornographic DVD and permitted the victim to watch it as well.
The victim began working for you in your gardening business on a casual basis after school. You paid him $10 an hour for work until he was 18. You would collect him from his home and drop him back after work. You were aware of his date of birth and age.
The victim’s parents agreed to their son working for you. You rang his father after the first day of work to ensure he was okay with his son working for you and being paid cash. His parents thought it would be good for the victim to work for you.
You later moved to Melbourne for about a year before returning to Shepparton to live on a farm property. You offered the victim work on the farm.
In or around May or June 2012 the victim, then aged 15, began working for you at the farm. You would pick him up and drop him home each day. The owner of the farm got to know the victim. The owner saw you and the victim doing jobs around the property on the tractor and the victim driving the tractor.
You permitted the victim to drink alcohol on the farm property. A photograph dated 13 May 2012 shows the victim consuming alcohol there when he was 15.
The victim turned 16 in November 2012. When he was 16, the victim went with you to Sydney and you let him drive so he could get some of his learner driving hours.
The victim continued to work for you while he was 16 and 17 years of age and under your care, supervision or authority for the purposes of section 48 of the Crimes Act as it then was. The victim left school when he was 16 years of age.
After the victim turned 16 you began to sexually offend against him. When you were working at the farm property you would stand on the foot well of the tractor and fondle the victim’s penis over his clothing.[4]
[4]Uncharged act.
When the victim turned 16, you began to take part in acts of sexual penetration with him.
At first you performed oral sex on the victim, inserting his penis into your mouth until he ejaculated (Charge 1 Sexual Penetration of a 16 or 17 year old child – Course of Conduct offence). This became a regular and frequent occurrence and continued throughout the period when the victim was 16 and 17 years old.
On one occasion at the farm, soon after the victim turned 16, you performed oral sex on him. You then went onto penetrate his anus with your penis (Charge 2 Sexual Penetration of a 16 or 17 year old child – Course of Conduct offence). The victim described it as very painful. Thereafter, while the victim was aged 16 and 17 you took part in acts of anal penetration of the victim regularly. Usually you began by sucking his penis and after he ejaculated, you penetrated him anally. You did not ejaculate inside the victim but withdrew and masturbated yourself to ejaculation.
The offending occurred at the farm where you lived, at other client’s houses or properties, and in your motor vehicle at various locations.
The offending subject of both Charge 1 and Charge 2 occurred at least on a weekly basis.
You paid the victim cash for these ongoing sexual acts. This was separate from payment for his work in your gardening business and at a much higher rate.
The victim had a drug habit from a young age and used the money paid to him by you to fund his habit, which at some stage developed into an ice addiction. Other people observed the substantial amounts of money the victim was receiving from you, apparently unrelated to the work he was doing for you and further observed that the money provided by you to the victim was used to buy drugs.
At the farm property between 2012 and 2014, when the victim was aged 16 or 17, you took about 10 photographs of him lying naked on a couch.
When he was still about 16 years old the victim told his sister and his girlfriend that you gave him money so you could suck his penis. He told his girlfriend that there was more that happened but he did not give her any further details.
In June 2020, the victim was involved in an altercation with you, at your home. The victim later pleaded guilty to a charge of reckless conduct endangering serious injury arising from his driving during this incident.
On 9 June 2020, you made a statement to police regarding the incident at your home. You stated that you had known the victim for almost 10 years and that you and the victim had been in an on again off again relationship for approximately 9 years. You stated that you kicked him out in February 2020 because the victim got onto drugs, specifically ice.
On 25 August 2020 the victim made a police statement, the victim subsequently made a further statement on 19 August 2021.
On 13 October 2020, you attended Shepparton Police Station where you were arrested and a record of interview conducted.
During this interview you made admissions to engaging in a sexual relationship with the victim after he turned 16. You stated that you paid him for the sex, which was initially $50 and later $100. The victim supported his drug habit with this money. The victim lived with you on and off since the age of 16. This payment was separate to what you paid him for his work. You stated that the victim was using marijuana ever since you knew him. The relationship ended when he began using ice.
Criminal history
You have a relevant criminal history comprising a single appearance before the Magistrates’ Court on 28 June 1999. You were sentenced in respect of eight offences of indecent assault and two offences of indecent act with a child under 16 to an aggregate term of 6 months’ imprisonment to be served by way of an Intensive Correction Order (‘ICO’). The limited material before me indicates that this offending related to your ex-partner’s two sons who were around 11 years old. You fondled them when they got into bed with you and your ex-partner. You told Dr Dawson that you “probably did feel an attraction towards them”. You thought you were “just playing around” and that you were unaware “it was wrong until she (the mother) abused [you] for doing it and told [you] to go home”.[5]
[5] Exhibit 2, [46].
Personal circumstances
You are now 55 years of age. You reside in the Shepparton area and you have always lived in Victoria. You were raised by your mother and father and are the middle child within a sibship of three.
You had a strained relationship with your father. When you were 11, your father underwent open heart surgery, and due to complications was paralysed. Your father did not return to the family home until you were 13. Your father’s injuries placed a strain on your parents’ marriage and they separated. Subsequently, you had weekly contact with your father. He passed away from a heart attack when you were 20 years old.
You had a loving relationship with your mother. Having moved out of the family home at the age of 17, you returned to care for your mother when you were 19. You remained with her in the family home until her death in 1999. Following your mother’s death you suffered a stroke which resulted in you spending nine months in recovery.
Your older brother left the family home during his adolescence, electing to live with your grandparents. You do not have a close relationship with your brother and have maintained very little contact. Your younger sister continues to live in the Shepparton area and you have maintained regular contact with her.
You attended a local high school and left at the age of 17, after completing Year 11, following what you perceived to be discouragement from teachers. You state you had a small group of friends throughout school, but did not maintain contact with anyone after leaving. You did not socialise with anyone outside of school, except one neighbour. You denied ever having any particularly bad experiences socialising, however asserted “I’ve been a loner most of my life; I prefer it, I prefer animals to humans”.[6]
[6] Exhibit 2, [27]
Having left school you worked on a dairy farm for two years. When your mother became ill and you returned home, you obtained employment with Goulburn Murray Water. You remained in this role until 2000 when you suffered a stroke. Following your period of recovery you travelled overseas for 3 months.
When you returned to Australia you attended La Trobe University for two years becoming a qualified chef. You worked as a chef for seven years until you suffered another less severe stroke attributed to the stress of your employment. You were then supported by a disability support pension and commenced your part time gardening business. Until your remand in custody, you continued working in your gardening business approximately 15 hours a week to supplement your disability support pension.
You had your first sexual experience at the age of 17 with your high school girlfriend, although acknowledge that you think you “already knew” you were homosexual at this time. After this relationship ended a friend introduced you to pornographic materials and you started engaging in masturbatory behaviours. You note that the content of these materials was heterosexual, and that “it was very frowned upon to be gay at that time”.[7]
[7] Ibid, [32].
You had a second relationship with a woman when you were 26 that lasted six months.
You did not explore your homosexuality until you were 40. You were alone for two years after this offending came to light.
You then met another male with whom you were in a relationship for 12 months. However, you stated that this man “couldn't handle the Court case” so the relationship ended. You have had had no further intimate relationships, however noted you met another man through Grindr who “drives [you] around”, however you have always remained platonic.
You take medication for blood pressure and hypertension, as well as for depression and anxiety. You have had three strokes, are considered high risk for developing diabetes and have migraines. When you were prescribed antidepressants, you were also referred for therapy but declined to engage.
You have been increasingly experiencing suicidal ideation, noting that you recently left a note for your sister, but did not act, due to having animals to care for. You attribute your current anxiety to these proceedings, further noting that you are about to become homeless. However, you stated that your “biggest problem” is your sexuality, because you state homosexuality is not accepted within your community.
You do not have any substance use issues. You used to drink wine occasionally but stopped in 2020 due to experiencing migraines.
Serious Sexual Offender Provisions
Pursuant to s 6B of the Sentencing Act 1991, upon conviction and being sentenced to a term of imprisonment, you fall to be sentenced as a serious sexual offender on Charges 1 and 2.
The application of the serious offender provisions arises because you were sentenced on 28 June 1999 to six months’ imprisonment in respect of eight offences of indecent assault and two offences of indecent act with a child under 16. The six month sentence was served by way of an ICO.[8]
[8]An ICO must be taken to be a sentence of imprisonment for the purposes of all enactments except any enactment providing for disqualification for, or loss of, office or forfeiture or suspension of pensions or other benefits – s 19(5) Sentencing Act 1991 (previous version).
Pursuant to s 6D of the SentencingAct, in determining the length of the sentence on Charges 1 and 2, I must regard community protection as the principal purpose. It has not been suggested, and nor do I consider it appropriate in this case, that a disproportionate sentence is necessary to achieve the protection of the community.
Pursuant to s 6E of the Sentencing Act, there is a presumption of accumulation with regards to sentencing for serious sexual offender offences. However, I must bear in mind the overarching principle of totality and the need to avoid a crushing sentence. I must ensure that the totality principal is applied in a manner that does not undermine the legislative policy inherent in s 6E of the Sentencing Act.[9]
[9]Gordon v R [2013] VSCA 343 at [74].
Gravity of the offending and sentencing purposes
I am sentencing you for two offences that each carry a maximum penalty of 10 years’ imprisonment. However, I also bear in mind that both offences are course of conduct charges.
The Court of Appeal in DPP v Tullipan (a pseudonym) stated that sentencing for a course of conduct charge is particularly difficult because it is so different from the conventional sentencing exercise where a judge is sentencing for multiple offences.[10]
[10]DPP v Tullipan (a pseudonym) [2021] VSCA 19 at [4] (Maxwell P, Priest T Forrest JJA).
Paragraph 2.4.6 of the Sentencing Manual published by the Judicial College of Victoria states:
A court must sentence within the maximum penalty for the charged offence but must also reflect the totality of the offender’s conduct. As a result, sentences for course of conduct charges are likely to be higher than for equivalent conduct prosecuted as a single incident on a ‘first occasion’ basis. In this respect, sentencing for course of conduct charges will be very similar to the way courts sentence for rolled-up charges.
Your offending against a 16 and 17 year old victim is particularly serious.
The penetrative offending occurred over a protracted period of two years. The offending represented in each charge occurred at a minimum, on a weekly basis. At the very least, the initial penile anal penetration caused the victim considerable pain. The young victim was particularly vulnerable. You had control over him as an employer who paid him for his work. However, as you knew and accepted in your police interview, the victim was abusing marijuana. You took advantage of his vulnerability to drug use and encouraged the sexual activity by paying him money after each incident of abuse.
Rather than guiding a young and vulnerable individual addicted to marijuana, you preyed on his vulnerability for your own sexual gratification.
You not only had authority over him as an employer but there was a considerable age difference. You were some 27 years older than your victim. The offending represents a breach of trust that the victim and his parents bestowed in you. The elements of the offences you have pleaded guilty to recognise that fact and I must not consider the breach of trust as a separate aggravating factor. By your own admission, you had a sexual interest in the victim prior to him turning 16. There was some grooming behaviour, including you fondling the victim when he was driving a tractor.
Deterring others who may be minded to offend against 16 and 17 year olds who are under their care, supervision or authority, is an important sentencing objective. Your prior criminal history and distorted views about children also requires the sentence to deter you from further re-offending. In that regard I also take into account Dr Dawson’s risk assessment which concludes that you pose a moderate risk of re-offending.[11] I regard your moral culpability for this offending as high.
[11] Exhibit 2.
Your persistent offending must be denounced and requires that you be justly punished. Protection of the community is a paramount consideration when sentencing you as a serious sexual offender on Charges 1 and 2.
I firmly bear in mind that the charges before me carry a maximum term of 10 years’ imprisonment.
In passing sentence, I do not ignore your rehabilitative needs and will address this later in these reasons.
Defence submissions
In addition to his oral submissions, Mr Fitzpatrick, relied upon written submissions.[12] In support of these submissions he tendered a psychological report prepared by Dr Hannah Dawson.[13]
[12]Exhibit 1.
[13] Exhibit 2.
Mr Fitzpatrick relied upon the following matters in mitigation:
(i)    Admissions to the police and an early plea of guilty;
(ii)   Delay; and
(iii)   Limbs 5 and 6 of Verdins.[14]
[14]Verdins v The Queen (2007) 16 VR 269 (‘Verdins’).
Plea of guilty
Your counsel submits that you cooperated with police and gave a frank account of your offending in your police record of interview in 2020. Furthermore, you offered to resolve the matter in May 2024 on a basis consistent with your account. Your account of when the offending begun was ultimately accepted just before the trial was due to commence. You pleaded guilty to the amended indictment alleging the two course of conduct charges. Accordingly, your counsel submits that your plea of guilty should be accorded weight as though it was made at the first opportunity.
I accept that in these circumstances you have pleaded guilty at an early stage. By doing so you have facilitated the course of justice and taken responsibility for your actions. You have saved the community the time and expense associated with a trial. More importantly, your victim has been spared the further ordeal of having to give evidence before a jury.[15] A guilty plea at an early stage is an important mitigating factor and entitles you to a significant sentencing discount.
[15]The victim did give evidence at a contested committal on 30 August 2023. Although, at that stage Mr Abbott faced charges alleging sexual abuse when the victim was under the age of 16.
Delay

You were first interviewed in relation to this offending on 13 October 2020, however you were not formally charged until 14 November 2022. No explanation has been given for this delay. The amended charges now before me were filed on 22 January 2025 and you pleaded guilty on the same day.
Your counsel submits that the court can have regard to the delay accruing from the time you were first interviewed by the police. This is a delay of some four years and seven months from interview to sentence.
I accept that this matter has been hanging over your head for over four and a half years in circumstances where its ultimate resolution accords with the account you provided to the police in 2020. The prosecution were not prepared to accept your account of when the offending begun, alleging it commenced when the victim was much younger. However, ultimately, the matter resolved on the basis that the sexual activity, as you told the police, commenced when your victim was 16 years old.
Dr Dawson has diagnosed you with a Major Depressive Disorder and some anxiety. Whilst Dr Dawson opines that your depression and anxiety has been longstanding, she also states that the current Court proceedings have exacerbated your symptoms.[16] You told Dr Dawson that your current anxiety related to these proceedings and the fact that you were about to become homeless.[17]
[16]Exhibit 2, [121].
[17]Ibid, [42].
Accordingly, I regard the significant delay from the date of your police interview as being particularly punitive and amounting to additional punishment. You have remained in a state of uncertainty for a protracted period which has impacted upon your mental health. This punitive aspect must be given considerable weight in the sentencing exercise.
The delay is also relevant in that you have not re-offended and have continued to work. Having said that bearing in mind your prior history, risk assessment, cognitive distortions and lack of any genuine remorse, I regard your prospects of rehabilitation as guarded.
Your counsel noted the diagnosis made by Dr Dawson of Major Depressive Disorder, moderately severe mild anxiety symptoms, and traits consistent with Autism Spectrum Disorder (‘ASD’).[18]
[18]Dr Dawson also noted some personality traits, in particular schizoid traits: see Exhibit 2, [82] to [84].
Dr Dawson states:[19]
…imprisonment would likely weigh more heavily on Mr Abbott than on a person without his mental health and developmental vulnerabilities. It is noted that the volatile nature of the prison would likely lead to an exacerbation of his depressive and anxious symptoms, which may continue to result in further decompensation or disproportionate responses due to lower thresholds to stress than an individual without these conditions, as well as increase his suicidality. Further, this environment may prove unsafe for Mr Abbott due to his naïveté to prison and criminal associates, in general, placing him at a much higher risk than others of exploitation, with disconnection from his pro social support network.
[19]Ibid, [128].
Dr Dawson notes that access to programs and treatment is generally less available for those in prison, particularly treatment suitability adapted for those presenting with ASD.[20]
[20]Ibid, [129].
Dr Dawson recommends one on one treatment targeting your offending behaviour. In light of your ASD, group based intervention may be particularly challenging. She also recommends a referral to a psychiatrist specialising in ASD to undertake a formal assessment and have oversight of your ongoing care.[21]
[21]Ibid, [130].
In light of Dr Dawson’s opinion, I accept that limbs 5 and 6 of Verdins are engaged and require some discount in the sentence.
For completeness, acknowledging the significant differences, Mr Fitzpatrick referred me to the sentencing decisions in DPP v Ooms [2023] VSCA 207 and DPP v Cooper [2022] VCC 1687.[22]
[22]These cases do not involve course of conduct charges.
Future risk and rehabilitation
I note your observations to Dr Dawson demonstrate a lack of insight and remorse, as well as minimisation of your offending behaviour. Dr Dawson states:[23]
Mr Abbott displayed difficulties with insight into his offending behaviour. Whilst he admitted to the offending and ultimately accepted responsibility for his actions, he minimised his behaviour as being within the context of reciprocal consent.
He was unable to identify any other possible precipitants of his sexual offending. He expressed regret about having become involved with the complainant, but was unable to empathise with him, demonstrating little appreciation for the impact it may have had on him, and viewing himself as a victim of manipulation. It was noted that Mr Abbott likely experiences some impaired social perspective-taking attributable to underpinned ASD features.
[23]Exhibit 2, [58] to [59].
You told Dr Dawson:[24]
…that it is “very true” that when adults and children have sexual relationships, it is not always the adult’s fault and that some children can teach adults about sex. He further indicated his beliefs (endorsing “somewhat true”) that people underestimate how much children know about sex, children are not as innocent as most people think, and children can lead adults on. However, I note that endorsing or experiencing significant offence supportive beliefs does not directly translate into disinhibited sexual behaviour with children.
[24]Ibid, [92].
Further, in respect of remorse, Dr Dawson states:[25]
Mr Abbott has not expressed remorse and does not understand that his actions have been wrong, given that he perceived himself to have the consent of the complainant, and furthermore, to have been exploited for money by the complainant. This position is unlikely to change, even with further explanation of the legal implications of his involvement with the complainant, as it is likely that ASD features impair his ability to perspective-take and to generalise information to different situations and contexts. Thus, it will be imperative that treatment efforts with him take into account his neurofunctioning, in order for his potential for understanding of these constructs to be improved.
[25] Ibid, [124].
Dr Dawson has diagnosed you with a Paedophilic Disorder. She states:[26]
Thus, in exploring his sexuality, he has developed a Paedophilic Disorder. That is, Mr Abbott has likely confused the relationships he has had as being equally sexually explorative and sexually gratifying, due to viewing himself as vulnerable in this regard, due to his inexperience and limited emotional intelligence, and social and communication skills. Further, his functioning has implications for his understanding of boundaries and consent, with a higher likelihood of social deficits and misinterpreting cues, due to these ASD features.
[26] Ibid, [122].
Dr Dawson further adds:[27]
Overall, it is considered that Mr Abbott’s sexual offending was likely predisposed by implicit paedophilic attitudes that relate to his sexual alignment with younger people, with the added feature of superiority over the victim that reinforced a feeling of acceptance, over rejection perceived from appropriate-aged partners, due to his understanding that they too prefer younger male partners. Mr Abbott presented as lonely, with a history of unmet needs of affection, love, and intimacy, and a lack of meaningful relationships, including partially within his family. This appears to have had an impact on his mental health, with him continuing to present with low mood, and to self-isolate and socially retreat.
[27] Ibid, [125].
You told Dr Dawson that although you were attracted to the victim prior to him turning 16, you had learnt from your past offending that sexual contact with those under this age was “not allowed”.[28] As you told the police, the first sexual act occurred within days of the victim turning 16. You displayed no restraint or caution in engaging in sexual activity with someone still very young, and whose parents placed their trust in you.
[28]Ibid, [51].
Your overall risk of sexual recidivism is assessed to fall in the “moderate category” without intervention.[29]
[29]Ibid, [111].
In light of the matters set out by Dr Dawson, I consider your rehabilitative prospects to be guarded.
I bear in mind the recommendations of Dr Dawson and the need for support and supervision in transitioning you from prison back into the community.[30]
[30]Ibid, [130] (a) – (h).
Prosecution submissions
I have had regard to the prosecution’s written,[31] and oral submissions. Ms Baxter highlighted the gravity of the offending and emphasised the sentencing purposes of general deterrence, denunciation and just punishment.
[31]Exhibit B and C.
The prosecution accept that the delay is a relevant mitigating factor, as well as accepting a reduction in sentence as a result of the application of limbs 5 and 6 of Verdins. It is also not in contention that your plea of guilty can be viewed as being entered at an early stage.
In response to queries raised by me at the plea hearing, Ms Baxter filed further submissions dated 14 April 2025. Ms Baxter confirmed that the serious sexual offender provisions had application in this case. Your counsel takes no issue with that submission.
I was referred to the sentencing decisions in Crawford v The Queen [2018] VSCA 113 and DPP v Mcoy [2019] VCC 680.[32]
[32]The offending in this latter case involved representative charges and not a course of conduct.
Sentencing
Having carefully considered all relevant circumstances and factors, Brady Abbott, you are sentenced as follows:
· On Charge 1, you are convicted and sentenced to 4 years and 2 months’ imprisonment.
· On Charge 2, you are convicted and sentenced to 4 years and 5 months’ imprisonment.
The sentence on Charge 2 will be the base sentence. Seven months of the sentence on Charge 1 will be served cumulatively upon the sentence on Charge 2.
This makes a total effective sentence of 5 years’ imprisonment.
I fix a non-parole period of 3 years’ imprisonment.
Pre-sentence Detention
Pursuant to s 18 of the Sentencing Act, the period of 26 days of pre-sentence detention, not including today’s date, is hereby declared as having already been served in respect of this sentence.
Serious Sexual Offender
Pursuant to s 6F(1) of the Sentencing Act, you are sentenced as a serious sexual offender in respect of Charges 1 and 2, and I order that this fact be entered into the records of the Court.
Section 6AAA declaration
Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 6 years and 6 months’ imprisonment with a non-parole period of 4 years and 4 months.
Sex Offender Registration
Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, having pleaded guilty to two Class 1 offences and with prior convictions for Class 2 offences, you are now required to report for the remainder of your life. Upon your release from prison, you must report your personal details to Victoria Police and continue to comply with the reporting obligations for life. You will be sent an acknowledgement form for signing in due course and will be provided with a document setting out your reporting obligations and the consequences of any breach. It is an offence punishable by a term of imprisonment to fail, without reasonable excuse, to comply with your reporting obligations.
HIS HONOUR: Mr Crouch anything arising?
MR CROUCH: No your Honour.
HIS HONOUR: Mr Fitzpatrick anything arising?
MR FITZPATRICK – No your Honour.

[2025] VCC 525

30 April 2025