Director of Public Prosecutions v Ali

[2025] VCC 1241

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Unrestricted
 Suitable for Publication

Case No. CR-23-01499

DIRECTOR OF PUBLIC PROSECUTIONS

v

MOSTAF ALI

---

JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	12 May and 11 July 2025
DATE OF SENTENCE:	29 August 2025
CASE MAY BE CITED AS:	DPP v Ali
MEDIUM NEUTRAL CITATION:	[2025] VCC 1241

REASONS FOR SENTENCE
---

Subject:Criminal Law – Sentence.

Catchwords:              False imprisonment – Common assault – Sexual assault – Victim 14 years of age – Assaulted and imprisoned in a toilet cubicle over approximately 30 minutes – Accused aged 26 at the time of the offending – No prior convictions – Deportation – Late plea – Verdins Limb five.

Legislation Cited:      Crimes Act 1958; Sentencing Act 1991; Sex Offenders Registration Act       2004; Confiscation Act 1997.

Cases Cited:R v Verdins (2007) 16 VR 269.

Sentence:                  Total effective sentence of 2 years and 3 months’ imprisonment with a non-parole period of 16 months.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr C McConaghy (Plea) Ms F Coppini (Sentence)	Office of Public Prosecutions
For the Accused	Mr C Pearson	SLK Lawyers

HIS HONOUR:

Introduction

1Mostaf Ali, you have pleaded guilty to the following four charges on Indictment number P11114751.1:

(a)Charge 1 – false Imprisonment, contrary to Common Law.

(b)Charge 2 – common assault, contrary to Common Law.

(c)Charges 3 and 4 – sexual assault, contrary to s 40 of the Crimes Act 1958.

2Charges 1, 3 and 4 carry a maximum penalty of 10 years’ imprisonment. Charge 2 carries a maximum penalty of 5 years’ imprisonment. Charges 2 and 3 are rolled up charges.

Circumstances of the offending

3The circumstances of your offending are set out in an agreed summary of prosecution opening dated 14 April 2025.[1]

[1]        Exhibit A.

4At the time of the offending, you were 26 years old.

5Your victim, Yasmin,[2] was aged 14.

[2]A pseudonym.

6You and Yasmin were not known to each other prior to the day of your offending.

7On 1 January 2022, at about midday, Yasmin and her friend, Arya,[3] met up in the Melbourne CBD to celebrate Arya’s 15^th birthday.

[3]A pseudonym.

8You were also in the CBD with your friend, Mr Deng. You had both been partying for the last couple of days and were heavily intoxicated.

9Yasmin and Arya came across you and Mr Deng in front of the State Library. You began chatting. Yasmin told you and your friend, she was 16 years old and Arya said she was 17. You and Mr Deng told the girls you were 22.

10You and Mr Deng began flirting with the girls, telling them they were ‘sexy’ and ‘hot’ and asked them to come back to your hotel, which they declined.

11You both started getting ‘touchy’ with the girls. You touched Yasmin’s breasts and bottom.[4] Yasmin told you “Don’t do that”.

[4]Uncharged acts.

12The four of you then went to a nearby bottle shop where you and Mr Deng bought a 20 pack of vodka cruisers.

13At 3:44 pm, the four of you caught a Didi to St Kilda. Yasmin sat in the front passenger seat of the car, recording videos and taking photographs of the four of you. She also added you as a friend on Snapchat while you gave your phone number to Arya.

14Upon arrival at St Kilda foreshore, Yasmin told you that she did not want to do anything sexual with you, to which you agreed.

15The four of you gathered near an ice cream van where you encouraged Yasmin to drink. On at least one occasion, you grabbed her throat and chin, forcing her to drink. She said to you “I don’t want more”. She tried to keep her mouth closed, but you opened her mouth and forced her to drink more.[5]

[5]Uncharged act.

16You all remained near the ice cream van for some time, drinking. Yasmin drank approximately nine cruisers. Yasmin recalls that you were being ‘very touchy’ with her and trying to touch her all over her body. She made it clear to you that she did not want you to touch her.

17You attempted to kiss her. She pushed you, turning her head away and kept her lips closed. You grabbed her by her head and tried to make her kiss you. Yasmin said “no”, “get off me” and “stop”.[6]

[6]Uncharged act.

18Around 6:00 pm, you asked Yasmin to go for a walk. Yasmin made it clear to you that she did not want to. You insisted, taking her by the arm. She asked where you were taking her. You said you would just go for a walk. She tried to go back, but you grabbed her arm. You put your arm around her and walked her away from Mr Deng and Arya.

19You and Yasmin came upon some toilets. You tried to take her into a male public toilet. She said, “I can’t go in here”. You then tried to take her into a female toilet instead, but she declined saying “You can’t go in there”. You then took her to a unisex toilet nearby. When you arrived, you took hold of her arm and pulled her into a cubicle. Once inside the cubicle, you shut the door and locked it (Commencement of Charge 1 – False Imprisonment).

20After locking the door, you immediately pushed Yasmin against the wall. She could not move. You placed one of your hands around her throat and kissed her aggressively, choking her. She was struggling to breathe (Part of Charge 2 – Common Law Assault)

21She said “no”, “stop”, and “you said you wouldn’t do anything”, while turning her head away. You did not stop but told her to shut up. You touched her all over her bottom, hips, waist and breasts.[7]

[7]Uncharged acts.

22You then sat on the toilet seat and pulled her on top of you. You touched her bottom and her breasts.[8] You kissed and sucked Yasmin’s neck, leaving her with hickeys (Part of Charge 3 – sexual assault). You pulled her breasts from her bra, touched them, and sucked on them (Part of Charge 3 – Sexual Assault).

[8]Uncharged acts.

23Yasmin tried to put her breasts back inside her bra. She repeated that she did not want to do anything. She said “no” and “stop, please stop”. She tried to push you away. Each time she tried to cover her breasts with her bra, you would pull her bra back down.

24You became angry, telling her, “Fuckin’ leave, the door’s right there if you don’t want to be here”. She got off you and attempted to leave, but you grabbed her, pulled her back onto you and said, “Do you really think I want you to leave?”. You then slapped her on her face about four times (Part of Charge 2 – Common Law Assault).

25While Yasmin was standing up, you put your hand up her dress and inside her stockings and pants. You touched her vagina with your fingers. She protested, saying, “no, I can’t, don’t do that” (Part of Charge 3 – Sexual Assault).

26You pushed her off your lap and she fell onto the cubicle floor. She tried to get back up, but you pushed her back down and said, “Stay there”.

27You noticed blood on Yasmin’s upper thighs and vagina and asked her where it was from, saying “What the fuck is that? What happened? I didn’t do that”. She replied, “I don’t know what happened”. You gave her tissues and told her to clean up the blood. You both cleaned up the blood before leaving the cubicle (End of Charge 1 – False Imprisonment).

28You and Yasmin looked for Mr Deng and Arya but could not find or contact them. You decided to go back to the Melbourne CBD and at 6:48 pm, you ordered a Didi to pick you and Yasmin up. While in the car, you and Yasmin got in touch with Mr Deng and Arya and arranged to meet up with them in the city. During the trip, you again tried to kiss Yasmin, and you grabbed her breasts on the outside of her clothing (Charge 4 – Sexual Assault).

29Shortly after arriving back in the city, Yasmin left to go home. You ordered her a Didi which dropped her home in Southbank at 7:55 pm. Arya remained with you and Mr Deng.

30On her arrival home, Yasmin apologised to her legal guardian for coming home late. She then spent time with Ms Kayode’s daughter and her close friend.[9] Her friend observed hickeys on Yasmin’s neck.

[9]        A pseudonym.

31Yasmin told her friend that you made her drink alcohol and sexually assaulted her.

32The matter was reported to the police.

33Photographs taken of Yasmin’s injuries showed circular bruises on both sides of her neck, each about 4 centimetres in diameter.

34Police obtained CCTV footage from the vicinity of the offence location, which depicts the following:

(a)On 1 January 2022, at about 5:56 pm, you are walking towards the unisex public toilet where the offending took place. You had one arm around Yasmin and held a bottle in your other hand; and

(b)At around 6:29 pm, you and Yasmin are leaving the unisex toilet. You are no longer holding a bottle and no longer have your arm around Yasmin.

35On 7 January 2022, police conducted a VARE[10] recording with Yasmin.

[10]        Visual and Audio Recorded Evidence (‘VARE’).

36Yasmin provided investigators with media files from her phone, including:

(a)Five short audio-visual clips showing you, Yasmin, Arya and Mr Deng in a ride-share vehicle drinking vodka cruisers;

(b)A photograph dated 1 January 2022 of you, Yasmin, Arya and Mr Deng;

(c)A photograph of you;

(d)A screenshot of your Snapchat account named “Mostafali95”;

(e)A screenshot of a Snapchat conversation between you and Yasmin from 1 January 2022 in which Yasmin asked you about Arya; and

(f)Four digital images and two screen recorded videos sent by you to Yasmin on 8 January 2022 from your Snapchat account, which showed your face appearing to be trying to get in touch with her.

37Police identified that the phone number you had provided to Arya was registered in your name.

38On or about 7 July 2022, police spoke to you on the phone to discuss the allegations against you and to arrange an interview. The police told you the female’s name was Yasmin and she was 14 years old. During the phone call, you denied being in St Kilda on 1 January 2022 and said you had no sexual interactions with any female.

39At approximately 7:10 am on 18 July 2022, police attended your home to arrest you. For over an hour, you claimed to be ‘Abdullahi Ali’ with a date of birth of 2 January 1998.[11] You said you were a cousin of Mostaf Ali and that he would be home soon. You stated you lived at a different address to the one where the police attended.

[11]The first name you gave may have been Abdiullah.

40Police called your phone number ending ‘437’ which was sitting on a table in the living room and began ringing. Police made enquiries and confirmed that no person by the name of Abdullahi Ali with a date of birth in January 1998 was lawfully in Australia.

41You were taken to the Heidelberg Police Station where you eventually admitted your true identity.

42You were then interviewed by police and denied any involvement in the alleged offending. You repeated that you were not in St Kilda on the day of the incident and said you had never met the other parties involved in your life. You provided a detailed and false account of your movements on 1 January 2022. Upon being provided a photograph depicting you on 1 January 2022, you denied it was you. When provided with the screenshot of your Snapchat account, you said it used to be one of your accounts, but it had been hacked.

43You were released from custody pending further enquiries. You were again arrested on warrant in New South Wales on 20 May 2023. You were extradited to Victoria on 22 May 2023, and eventually granted bail by the Magistrates’ Court on 19 June 2023.

Impact of the offending

44I have had regard to the victim impact statement of Yasmin’s mother declared on 8 May 2025.[12]  

[12]        Exhibit B.

45She states that your actions will impact Yasmin and the family for the rest of their lives. She further speaks of the ongoing grief and stress this incident has brought upon Yasmin, and her concerns as to whether Yasmin will ever recover. As a  mother, she feels a sense of responsibility for what you did.

46Yasmin was a child. There is a presumption that sexual activity will cause her long term physical and psychological harm.

Personal circumstances

47I now turn to your personal circumstances. They are set out comprehensively in  Ms Rebecca Fakhri’s psychological report dated 23 June 2025.[13]

[13]        Exhibit 3.

48At the time of the offending, you were 26 years old. You are now aged 30.

49You were born in Yemen and lived with your parents and four siblings. Your family is of Somali background. When you were five years old, you and your family moved to Egypt as refugees. You describe your years in the refugee camp in Egypt as generally positive. There were no educational opportunities for you, or employment opportunities for your family, while you resided at the camp.

50Your family were ‘balloted’ by UN agencies for relocation to Hamilton in New Zealand where you arrived in 2004. You describe feeling isolated after moving to New Zealand, having been separated from your extended family and friends from the camp. You attended school in New Zealand and began learning English. You completed schooling to the equivalent of Year 12. You found it difficult. You were subjected to racism and bullying. You were suspended on many occasions, including being expelled from a school. You describe “standing up” for yourself in response to racism and bullying which led to your expulsion.

51Following high school, you commenced a Bachelor of Commerce but discontinued your studies after 18 months, having accepted employment in a metalwork company. You worked there for approximately three years, this being the longest period of continuous employment held by you.

52You witnessed and were subjected to physical and financial abuse perpetrated by your father. Your father would display violence towards your mother, sisters and you. You often intervened, leading to you being abused by him. You recall an incident, when you were 12 or 13 years old, when your father hit you with a chair and punched you in the mouth. This necessitated hospital treatment, however, you did not disclose what had transpired to the medical professionals. Your father would also take money from family members under the pretext of paying bills, but would spend it on himself. This also led to arguments, culminating in him being violent on occasions.

53In order to distance yourself from your father, and because many of your friends had left New Zealand, you moved to Australia around 2018 or 2019. You eventually secured employment in Melbourne and remained in Victoria. You have held numerous jobs in the past, primarily in warehouses and factories.

54You entered Australia on an unspecified visa and do not have citizenship. Accordingly, you now face the prospect of deportation back to New Zealand.

55Your father passed away in January 2024 from cancer. In the lead up to his death, you had reconciled with him and he had sought your forgiveness. You describe your final conversations with him as being positive.

56Your parents remained together, and your mother continues to live in New Zealand. You have maintained a close relationship with your mother and she is supportive of you.

57While you are isolated from your family of origin here in Australia, you regard Australia as your home and have the support of your extended family including your uncle and aunt. Prior to your remand, you lived with an aunt.

58You have a lengthy and grave history of drug use. This history has led to drug induced psychosis. You have been using cannabis since the age of 16. Prior to your arrest, you were using one to two grams of cannabis daily. You began using methamphetamine following the grant of bail in June 2023. Over a period of six to seven months, you were using up to 0.5 grams daily. In 2023, you also began using heroin. You have used other illicit substances, including nitrous oxide and benzodiazepines. It appears that your drug use has been particularly prevalent following this offending. During this period, you have experienced homelessness.

Criminal History

59You have no prior criminal history. You have since appeared before the Magistrates Court on two occasions in January and February 2024 in respect of relatively low level offending. This relates to offending involving possession of a drug of dependence, dishonesty matters, and offences under the Bail Act 1977.[14]  

[14]You have been sentenced to a dismissal and financial penalties.

Nature and gravity of the offending

60There can be no issue that your offending in the confined space of a cubicle was serious. Having given alcohol to your young victim you took her to a toilet cubicle where you falsely imprisoned her for some 30 minutes by locking the door. When she attempted to leave, after you told her to do so, you stopped her from doing so by grabbing her and pulling her onto you. You assaulted her sexually and violently in that confined area. The physical assault involved you placing your hand around her throat and choking her while kissing her aggressively. A little later, you slapped her on her face some four times. The sexual assault, subject of charge 3, involved you kissing and sucking her neck leaving her with hickeys, sucking her breasts and touching her vagina with your fingers. Despite her protests, you continued to imprison and assault her. This offending was committed against a 14 year old vulnerable girl to whom you had given alcohol. While, I accept that you believed she was 16, there was still a significant age difference of some 10 years. This age gap reflected the relative level of her and your maturity. This offending over a 30 minute period would have been utterly terrifying for her.

61I regard your moral culpability as high. Offending of this nature perpetrated against a child requires general deterrence to be given primary consideration. You must be justly punished and the court must appropriately denounce your conduct. I must also consider your rehabilitation. Your downward spiral since the offending is of concern. Your prospects of rehabilitation are dependent on you recognising and seeking treatment, in particular in respect of your drug use and mental health.

62You were 26 at the time of this offending without prior convictions, and accordingly rehabilitation is an important sentencing consideration.

Defence submissions

63I was assisted by written,[15] and oral submissions of your counsel, Mr Pearson. In support of his submissions, he relied upon the following material:

(a)Psychological report of Ms Rebecca Fahkri dated 23 June 2025;[16]

(b)An initial bundle of prison certificates;[17]

(c)A bundle of character references;[18]

(d)A letter authored by you dated 25 July 2025;[19] and

(e)A further bundle of prison certificates.[20]

[15]        Exhibits 1 and 2.

[16]        Exhibit 3.

[17]Exhibit 4 – comprised of certificates of completion for ACER Vocational Indicators of VI Digital Literacy, VI Reading and VI Numeracy dated 16 June 2025 and the Healthy Coping Program dated 25 June 2025.

[18]Exhibit 5 – comprised of references by: Qamar Aden dated 25 June 2025; Ruby Master dated 1 July 2025; and Sahri Ali dated 1 July 2025.

[19]        Exhibit 6.

[20]Exhibit 7 – comprised of a letter confirming that you have undertaken a Mind and Me program and confirming your referral to the waitlist for six other programs. And a certificate of completion of the Changing Gears program on 10 July 2025.

64Mr Pearson relied upon the following matters:

(a)   Your plea of guilty and some remorse;

(b)   The impact of deportation;

(c)   Totality and proportionality;

(d)   Your mental health diagnoses and the enlivenment of Verdins limb 5;[21]  

(e)   Lack of prior convictions; and

(f)    Progress in custody.

[21]R v Verdins (2007) 16 VR 269 (‘Verdins’).

65Your counsel appropriately acknowledged that your offending involved a serious transgression of the law. Neverthelss, he submitted it could be appropriately dealt with by the imposition of a combination sentence. He submitted that the offending subject of charges 2, 3 and 4 occurred over a relatively short period such that totality and proportionality were important factors to bear in mind.

66Mr Pearson further submitted that you are someone who is well capable of leading a law-abiding life and have no prior criminal history. I have had regard to the character references from your mother, sister and past employer. It is plain that you are held in high regard and have many positive attributes. Through a difficult upbringing, you have supported your family and worked hard.

67Regrettably, past trauma and drug use have contributed to your struggle to steer your life in the right direction. It is hoped that your forced abstinence from drug use and the completion of drug and alcohol counselling in custody will give you that renewed vigour to maintain sobriety upon your release.

68Your counsel relied upon your plea of guilty. He acknowledged it was a late plea, entered just prior to the commencement of a trial with a jury. Nevertheless, he submitted that I should give you some discount for the utilitarian benefit of your plea. A trial was avoided, saving court time and expense, and your plea represents an acceptance of responsibility. While your victim had been subjected to cross-examination at a special hearing, as noted by the prosecution, the victim’s young friend and another young person, to whom the victim complained, did not face any questioning at a trial as a result of the resolution. I accept that the plea resolution involved the withdrawal of more serious charges.

69While not starkly drawn, your counsel, invited me to give you some credit for  remorse.

70In regards to remorse, I note the contents of your letter which was provided to me following the plea hearing. You wrote:

Your Honour, I understand the seriousness of my actions, and I am committed to changing my life for the better. During my time at Hopkins Prison, I have taken meaningful steps toward self-improvement. I have been working in the Timber program, where I’ve been learning and contributing through honest work, and I’ve also enrolled in a Drug and Alcohol program, which I am determined to complete.

This experience has been a wake-up call, and I now understand the consequences of my actions more clearly than ever. I am focusing on my mental health and seeking help so that I can return to being a responsible, law-abiding citizen. I want to live a life that makes my family and community proud.

Again, I’m sorry for what I’ve done, and I give you my word that this won’t ever happen again.

71I hope that what you have said in your letter is meant. If it is, then you are likely to have a brighter future. However, bearing in mind your comments to the psychologist, where you denied or minimised your offending conduct, I am unable to conclude that you are overwhelmingly remorseful. However, in light of your late plea and the late letter you have written, I am prepared to give you the benefit of the doubt and accept that you are somewhat remorseful. I also accept that your late plea entitles you to some utilitarian benefit.

72Mr Pearson also relied upon your personal circumstances as set out in the psychological report. This includes your background, mental health diagnoses and issues with addiction.

Psychological assessment

73I have had regard to Ms Fakhri’s psychological report and her opinions.

74Having administered the Sexual Violence Risk-20 Version 2 (SVR-20 V2), Ms Fakhri assesses your risk of future sexual reoffending, without there being any intervention, as moderate. She highlights factors, such as your mental health, drug abuse, self-harm, minimisation of your offending conduct, disengagement from friends and family and lack of future planning, as factors increasing your risk profile. She also alludes to factors that are likely to reduce your risk. These include your lack of prior convictions for sexual offending, there being no evidence of paraphilic interests, diverse sexual offending or entrenched sexual deviance, the fact that you expressed strong disapproval of sexual violence and the significant support from your mother.[22]

[22]Exhibit 3, [123] – [137].

75Ms Fakhri has made the following diagnoses:

(a)Post-Traumatic Stress Disorder (PTSD);

(b)Substance-Induced Psychotic Disorder; and

(c)Cannabis Use Disorder (severe), Stimulant Use Disorder (severe), Sedative/Hypnotic/Anxiolytic Use Disorder (severe), Opioid Use Disorder, (severe in remission) and Alcohol Intoxication (moderate).

76Ms Fakhri highlights long-standing symptoms of distractibility, restlessness, difficulty sustaining attention, and a tendency to become overwhelmed by competing internal stimuli. You often forget tasks, jump between topics, and find it difficult to organise your thoughts. These symptoms, she opines, appear to have impaired your ability to maintain employment and contributed to your impulsive decision making. These symptoms provide emerging evidence that you may meet the criteria for Attention-Deficit Hyperactivity Disorder (ADHD). However, further assessment is required.

77In regard to your diagnosis of PTSD, you reported recurring nightmares, intrusive thoughts, and hypervigilance, particularly following your arrest and subsequent assaults in the community. Ms Fakhri states that these symptoms appear to be compounded by unresolved childhood trauma, including exposure to violence, displacement, and emotional neglect.[23]

[23]Ibid, [138] – [151].

78Ms Fakhri further opines that as a result of your PTSD and potential ADHD, imprisonment would likely weigh more heavily on you than upon someone without these conditions. I note that this is your first time in custody. She regards you as vulnerable with regard to a false sense of community acceptance within antisocial peer groups both in the community and within the prison environment. Your conditions make you particularly prone to emotional dysregulation which can result in disproportionate, impulsive, reactive behaviours which are heightened under stress and within the volatile prison environment.[24] She also highlights the limited availability of psychological and psychiatric treatment in custody.[25]

[24]Ms Fakhri noted that you had been placed in solitary confinement prior to her assessment – Exhibit 3 [92] and [154].

[25]Exhibit 3, [153] – [157].

79Ms Fakhri makes a number of recommendations,[26] including the following:

(a)You undertake an appropriate sex offender program. She recommends that you engage with an experienced Forensic Psychologist in offence-specific intervention;

(b)You undergo a comprehensive neuropsychological assessment to evaluate a possible ADHD diagnosis; and

(c)You seek treatment in respect of your mental health and drug related issues.

[26]Ibid, [152] – [159].

80In light of Ms Fakhri’s opinion set out in [77], Mr Pearson relied upon Verdins limb five. He submitted that imprisonment would weigh more heavily on you then it would on a person in normal health. I accept that submission.

81Your counsel further highlighted the fact you face the inevitable prospect of deportation upon your release. You are particularly keen to remain in Australia. I accept that the prospect of deportation will make your time in prison more onerous. I am also prepared to give some weight to deportation, constituting an additional extra-curial punishment. Your uncle, who has been supporting you in court, your aunt and cousins live in Australia. You have enjoyed periods of employment in Australia where you have been living for some seven years or so. However, I note that your family including your main support, your mother, live in New Zealand.[27] You have not established a life in Australia that involves a partner, a family or a home.

[27]Your mother was present in court during the plea hearing as well at some other hearings.

82I accept that you have made the most of your time in custody since I remanded you on 12 May 2025. You are working in the timber industry. You have been undertaking courses, including courses improving your literacy and numeracy skills. You have undertaken drug and alcohol courses, and have commenced a more comprehensive drug rehabilitative course.[28]

[28]A 16 week program.

Prosecution submissions

83I have also had regard to the prosecution submissions. Mr McConaghy submitted that the offending was objectively serious and required the imposition of a term of imprisonment involving a non-parole period. He highlighted the age discrepancy and the fact that the offending, in a small enclosed space, continued in the face of protest and would have been a frightening experience. He submitted that your moral culpability was high noting that no reliance was placed on any Verdins principles other than limb five. Whilst the plea was a late one, Mr McConaghy accepted the utilitarian benefit. This involved two young witnesses not having to give evidence before a jury.

Sentencing

84As I indicated during the plea hearing, I accept the prosecution submission that the gravity of the offending and the importance of general deterrence and denunciation in particular, require the imposition of a term of imprisonment involving a non-parole period. I must also bear in mind your rehabilitation. I am unable to accede to your counsel, Mr Pearson’s submission on disposition.

85Having carefully considered all the matters raised in this case, and weighed the various sentencing considerations, I sentence you, Mr Ali, as follows.

86On Charge 1, false imprisonment, you are convicted and sentenced to 12 months’ imprisonment.

87On Charge 2, common law assault, you are convicted and sentenced to 10 months’ imprisonment.

88On Charge 3, sexual assault, you are convicted and sentenced to 1 year and 6 months’ imprisonment.

89On Charge 4, sexual assault, you are convicted and sentenced to 1 month imprisonment.

90The sentence on Charge 3 will be the base sentence. Five months of the sentence on Charge 1 and four months of the sentence on Charge 2 will be served cumulatively upon each other and on the base sentence. The sentence on Charge 4 will be wholly concurrent.

91This makes a total effective sentence of 2 years and 3 months’ imprisonment.

92I direct that you serve a non-parole period of 16 months.

Section 6AAA declaration

93Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have imposed a sentence of 3 years and 6 months’ imprisonment with a non-parole period of 2 years and 4 months.

Sex Offender Registration

94Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, registration is mandatory and the reporting period is eight years.[29] Upon your release from custody, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will be sent an acknowledgment form for signing in due course and will be provided with a document setting out your reporting obligations upon your release 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.

[29]        As you have been found guilty of two Class 2 offences arising from the same incident.

Disposal Order

95Pursuant to s 78(1) of the Confiscation Act 1997, I grant the disposal order sought.[30]

[30]Order made by consent.

Pre-sentence Detention

96Pursuant to s 18 of the Sentencing Act, the period of 140 days of pre-sentence detention, not including today’s date, is declared as having already been served in respect of this sentence.

97HIS HONOUR: Ms Coppini anything arising?

98Ms Coppini: I just want to clarify the cumulation imposed with respect to the sentences on charges 1 and 2 your Honour.

99HIS HONOUR: Five months of the sentence on Charge 1 and four months of the sentence on Charge 2 will be served cumulatively upon each other and on the base sentence.

100HIS HONOUR: Mr Pearson anything arising?

101Mr Pearson: No there’s nothing further your Honour.