Director of Public Prosecutions v Aneterea (a pseudonym)
[2019] VCC 1721
•22 October 2019
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
SEXUAL OFFENCES LIST
CR 19-01286
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TIMOTI ANETEREA (A PSEUDONYM) |
---
| JUDGE: | HIS HONOUR JUDGE HIGHAM |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 9 October 2019 |
| DATE OF SENTENCE: | 22 October 2019 |
| CASE MAY BE CITED AS: | DPP v Aneterea (a pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2019] VCC 1721 |
REASONS FOR SENTENCE
---Subject: CRIMINAL LAW
Catchwords: Sentence – sexual assault of a child under the age of 12 years –
sexual assault of a child under the age of 16 years – producing child
abuse material - possession of child abuse material – plea of guilty
Cases cited: The Queen v Robertson [2019] VSC 145; Crouch v The Queen [2019]
VSCA 30
Sentence: Total effective sentence of 7 years and 6 months’ imprisonment with a
non-parole period of 4 years and 10 months.
Section 6AAA declaration: 10 years and six months’ imprisonment with
a non-parole period of 8 years---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms P Thorp (Plea) Ms F Coppini (Sentence) | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr P O'Halloran (Plea) Ms V Drago (Sentence) | Gallant Law |
HIS HONOUR:
1Timoti Aneterea[1], you have pleaded guilty to one representative charge of sexual assault of a child under the age of 16 (Charge 1); one representative charge of producing child abuse material (Charge 2); one charge of sexual penetration of a child under 12 years (Charge 3); and one charge of possession of child abuse material (Charge 4). The maximum respective penalty for Charges 1, 2 and 4 is 10 years' imprisonment. The maximum penalty in respect of Charge 3 is 25 years' imprisonment. Charge 1 and Charge 3 are both standard sentence offences, a matter to which I will return later. The standard sentence for Charge 1 is four years’ imprisonment and the standard sentence for Charge 3 is 10 years’ imprisonment.
[1] Timoti Aneterea is a pseudonym
2The circumstances of your offending are set out in the prosecution opening which was tendered on the plea as an agreed statement of facts, exhibit 1. In brief, the circumstances of your offending were as follows.
3The victims in this matter are twin sisters, Nikora[2] and Manaia[3], who were born on 31 March 2008. Nikora and Manaia were adopted by Kiri Aneterea[4] shortly after they were born. Kiri married you on 19 December 2013 when the twins were five years of age.
[2] Nikora is a pseudonym
[3] Manaia is a pseudonym
[4] Kiri Aneterea is a pseudonym
4In 2015 you all moved to Australia from New Zealand and eventually moved into a house in Mernda. In effect you, Kiri and the children were all one family. Nikora and Manaia were aged between nine and ten years of age when you offended against them.
5During 2018 Nikora and Manaia shared a bedroom and slept on bunk beds. On one occasion at about 2:00am you entered their bedroom and approached Nikora, who was sleeping on the bottom bunk. You placed your hand underneath her underpants and touched her vagina. This is the charged occasion of Charge 1.
6On another occasion you tiptoed into their bedroom and approached Nikora who was sleeping on the bottom bunk. You licked your hand and put it under her blanket. Nikora tried to get away but you touched her on the vagina, saying nothing. During this period you touched Nikora on the vagina on a further four occasions whilst she was sleeping on her bottom bunk bed at night. These are the represented instances of offending contained in Charge 1. During these incidents Manaia was asleep on her top bunk.
7On two occasions also in 2018 you walked into the children's bedroom at night and approached Manaia when she was asleep on the top bunk. On the first of these occasions you entered the bedroom and took out your mobile phone. You touched Manaia on the vagina under her clothes and underwear, moving your hand around whilst touching her. Manaia woke up and you ran away. Nikora was asleep in the bedroom at the time. On the second occasion, you again touched Manaia on her vagina in a similar manner. On this occasion, Manaia woke up and said, 'What are you doing?' to which you said, 'I'm taking Romeo [the dog] out'. You told Manaia to go back to sleep.
8On one occasion Nikora told you to stop touching Manaia. You smacked her and told her to go to her room.
9On a number of occasions you covertly filmed both Nikora and Manaia undressing and showering. You did this by sliding your mobile phone under the bathroom door. One incident occurred at a hotel in Hawaii when Nikora went into a bathroom to have a shower and you slid your phone under the door and filmed her showering naked. On another occasion, Manaia opened a bathroom door and observed you sitting on the floor with your phone recording her showering. You appeared shocked when she opened the door, turning the phone away from her. Further, on more than on occasion, you stood outside Nikora and Manaia's bedroom window, watching them dress after a shower.
10On 25 March 2019, Nikora and Manaia were spoken to separately by staff at their school after being heard in the play yard calling you a pervert. As a result of disclosures by them to the school staff, police officers were contacted and audio and video recorded interviews were conducted that afternoon. Both Nikora and Manaia outlined your offending against them during the course of those video interviews. You were arrested by police on 25 March 2019 at your home address and you were taken to the Mernda police station.
11Your mobile phone was seized by police and you voluntarily provided your security code for the phone. Your phone was examined and six video files were located which contained child abuse material. This is Charge 4.
12Four of the videos on your mobile phone depicted you sliding your phone under the bathroom door at your home address and the victims naked in the shower. This is Charge 2, which is a representative charge, producing child abuse material. The four videos were taken on the following dates: 8:55pm on 28 June 2018; 9:00pm on 28 June 2018; 3:25pm on 31 July 2018; and 4:05pm on 1 August 2018.
13Also located on your mobile phone in the deleted folder were two video files both taken on 25 January 2019. The first video started at 2:41am and was 9 seconds long and the second video started at 2:43am and was 20 seconds long. The videos depicted your hand reaching under a blanket of a top bunk bed in a darkened bedroom. Manaia's legs and her underwear were seen. The video then depicts you pulling aside Manaia's underpants and you touching her vagina with your fingers. The video also shows you separating Manaia's labia majora with your fingers and rubbing within this area, and this is Charge 3, sexual penetration of a child under the age of 12.
14You participated in a record of interview on 25 March 2019. You initially denied the allegations, as was of course your right. However, once you were told that investigators had found footage of the allegations on your phone, you stated, 'I don't know why I did it' and ''Cause every time I was drunk'. Following your interview you were charged and remanded in custody where you have remained. You have not made an application for bail.
15Victim Impact Statements were not tendered on the plea. Kiri Aneterea was present at your plea hearing and she is present today. I was told by your counsel that she remains supportive of you but that she was also present at the plea in support of her daughters, the victims of your offending. I note here that she has also supported you since your remand, maintaining both personal visits and phone contact with you once a fortnight.
16I now turn to your personal circumstances.
17You are currently age 30, born on 30 April 1989 and were aged between 29 and 30 at the time of this offending. You were born in Samoa in 1989. Your father died when you were a baby. You were raised by your mother in a plantation environment amongst a large immediate family with a strict adherence to the Catholic faith. Your mother re-partnered when you were young and you refer to him as step-dad or Dad. You lived on the plantation in a separate house to your parents, with your brothers and male extended family members. You report there was a high degree of sexual activity and sexualised language in that household.
18You struggled academically at school. You left formal education at the end of year eight and started work on the plantation to provide financially for your family and assist in the upbringing of your younger siblings. You moved to New Zealand when you were 22 years of age and you gained citizenship. I note here that you will face deportation to New Zealand upon your release from custody.
19You met and married Kiri Aneterea in New Zealand in 2013. You and her twin daughters, your victims, moved as a family to Australia in 2015, settling in Mernda. You also have two daughters, aged nine and 12 from two prior relationships. You, however, only have contact with the elder of those two.
20At the time of the offending, I am told that you were working long hours at your home barber shop business seeing perhaps 50 to 60 clients a week. Your business not only provided for your immediate family but also members of your extended family.
21At the end of your work days you would binge drink excessive amounts of alcohol and frequently engaged in watching adult pornography. Your issues with alcohol commenced for you at the age of 14. You would share two or three bottles of spirits between six or so friends in the local village. Upon moving to New Zealand, you continued drinking excessively with friends and sometimes on a daily basis. You do not report any issues with other drugs.
22You do not suffer any other physical or psychiatric illnesses.
23You have no prior criminal history in Australia. You have reported some minor prior offences in Samoa. This has been your first experience of custody. You have used your time in custody to commence your rehabilitation which is to be commended. You attend a multi-faith and culturally relevant service every Wednesday. You have commenced an English language course. You have obtained employment as a barber working five days per week for approximately four to five hours a day. You have also already met your sex offender program officer who will commence your assessment for the appropriate programs following your sentence.
24You have limited English language skills and report being unable to read in English. Your first language is of course Samoan.
25Tendered on your plea was a report from Mr Warren Simmons, psychologist, dated 2 August 2019, exhibit 3PT. In brief terms, Mr Simmons related your personal history which confirmed what had already been submitted by your counsel on the plea. Significantly you reported to Mr Simmons the extent to which you have been abusing alcohol and indeed to have come to rely upon alcohol. You claim to have consumed a great deal of alcohol on the night in question.
26As to your psychosexual history, you stated that you and your friends commenced watching pornography on your phones not long after you ceased attending school. At the family compound in Samoa, you had witnessed an older relative have sex, although it seems this was more due to the living arrangements rather than any abusive environment. You claim to have had multiple sexual partners. You deny being the victim of sexual abuse or having had any sexual experiences with men. You denied engaging in any other paraphilic behaviours and denied any pattern of ongoing arousal to underage individuals.
27Mr Simmons' opinion was that your childhood appeared typical of those who had grown up in rural Samoa. Discipline was always physical and the provision of the most basic material needs was a constant challenge. You appear to have struggled academically and your presentation was such that your lawyers sought a neuropsychological report. I shall return to this in a moment.
Mr Simmons recommended that you would benefit from drug and alcohol counselling and intervention to address any deviant arousal. Mr Simmons assessed your future risk of reoffending by the use of the Static-99 instrument and based on that instrument, your score fell in the low-risk category.28Exhibit 4PT was a neuropsychological assessment report prepared by Evelyn Chen and Dr Judy Tang. You reported to Ms Chen, clinical neuropsychology registrar and Dr Judy Tang, clinical neuropsychologist that you would, 'Often lose consciousness or fall asleep after consuming large amounts of alcohol and not remember what had occurred when you woke up'. You have never sought or received any treatment for your alcohol consumption.
29The authors observed:
“Mr Aneterea was noted to have limited insight. He acknowledged that what he did was wrong and he stated that he had concerns regarding the amount of pornography consumed. He, however, was initially adamant that alcohol consumption was not a problem, although he stated that he offended when he was really drunk and had no memory of what had occurred. It was later in conversation that Mr Aneterea acknowledged that alcohol might be a problem for him”.
30As to your cognitive functioning, Ms Chen and Dr Tang reported that:
“Based on reported developmental, educational and occupational background, his premorbid level of intellectual functioning was estimated to fall within the borderline range.”
31You were noted to have a full scale intelligence quotient in the extremely low range with an index score of 63. Your vocabulary was assessed as being in the borderline range and you reported to Ms Chen and Dr Tang that you had difficulty adapting to life in Australia, stating, 'I don't understand the life here'.
32Taking your English as a second language status into consideration, your current neuropsychological profile is indicative of mild intellectual disability, consistent with your longstanding learning difficulties stemming from childhood. In short, this means that you are able to function in an age-appropriate way in terms of your personal care and in a work environment that has less emphasis on conceptual abilities or what used to be called manual labour. You struggle with abstract thinking and with various executive functions, and you demonstrate a social judgment that is immature for your age. This cognitive profile is stable and it is permanent.
33The authors noted that while intellectual disability in and of itself does not cause sexual misconduct, factors such as lack of social awareness, lack of knowledge and training in sex education place individuals with intellectual disabilities at an increased risk of sexual misconduct.
34Similarly, alcohol plays a role in reducing inhibitory control. The authors were clear that both alcohol consumption and your intellectual disability were not to be seen as causes of your sexual misconduct, although they both may have contributed to your offending behaviour.
35Noting that there is no treatment for intellectual disability, the authors strongly recommend that you receive alcohol and drug counselling and sex education including education on age appropriateness and on consent. In their opinion you would be able to retain information when engaged in such treatment provided that the information was well encoded and the authors identified treatment strategies to ensure such coding.
36When asked to consider your prospects for rehabilitation, Ms Chen and Dr Tang observed:
“From self-report there is currently no clear evidence of deviant sexual arousal that Mr [Aneterea] has towards his victims. It is noted that he scored zero on the Static-99 placing him the low-risk category relative to other adult male sex offenders.
However, while the instrument indicated that he is in the low-risk category for reoffending, his limited insight into alcohol use and lack of knowledge regarding responsible alcohol consumption, poses a risk in terms of reoffending. The risk of reoffending is also dependent on his capacity to understand and implement strategies learnt regarding responsible alcohol use or abstinence. And given deficits in his executive function including poor insight and reasoning abilities, while he may be able to learn and remember strategies, he may struggle to implement those strategies to control the amount of alcohol consumption, especially when he is with friends who are heavy drinkers. If Mr [Aneterea] continued his pattern of drinking, his risk of reoffending is high.”
37It seems to me on the basis of the material in front of me that there are too many as yet unknown variables to draw a firm conclusion as to the level of risk that you currently represent.
38Ms Chen and Dr Tang finally observed that,
“By virtue of his mild intellectual disability, Mr [Aneterea] is likely to find imprisonment more difficult than an individual who does not have the same condition. While he may be able to function relatively well in terms of personal care, his reasoning and problem-solving capacity is diminished and it is likely he will find it difficult to understand complex information regarding his remand.
It is important to be mindful of taking the time to explain information to him including legal information and ensuring that he understands what has been said.”
39There is it seems to me a clear possibility that those having your care in custody may not have the luxury of affording you such time. I am satisfied that in consequence prison would be more burdensome for you.
40I turn now to the submissions of counsel.
41Mr O'Halloran, learned counsel on your behalf conceded this was serious offending and that the only appropriate disposition was a significant and substantial term of imprisonment. However, in mitigation of the length of any such term he urged upon me the following matters.
42Your plea of guilty was entered at the earliest opportunity, which the prosecution accepted. Mr O’Halloran rightly submitted that your plea brought with it not only the utilitarian benefit of saving the community the time and cost of a trial but also saved your victims from the trauma of having to give evidence. Thus your plea was of a real and significant value. He also submitted that it was indicative of your remorse.
43Mr O’Halloran urged upon me the static and situational matters relevant to you at the time of this offending, which I took to be a reference to your low IQ, to the excessive hours that you were putting into your work so as to provide for your family, to your ever-frequent use of pornography and to your excessive alcohol consumption.
44Mr O'Halloran did not suggest that your abuse of alcohol was mitigatory. However, he submitted that it did provide some background context to your state of mind at the time of the offending. I was told on the plea that you now accept that you are an alcoholic and that you are now determined to remain abstinent. It is clear from the material that your future depends upon your ability to remain abstinent from alcohol.
45Mr O'Halloran cited the steps that you had taken since being placed into custody as indicative of your positive prospects of rehabilitation. He submitted that your record of interview, whilst not entirely frank, could be seen in its totality as showing a genuine remorse and the beginnings of insight into the impact of your offending upon your victims. You face mandatory deportation and thus you have lost the life that you had been making here in Australia. He submitted that prison would be more burdensome for you having regard to your intellectual disability. Read but not tendered at the plea were letters from your victims to the Court and also a letter from your wife. The continued support of your wife may be seen as a protective factor.
46Ms Thorp, learned counsel for the prosecution, submitted correctly that general and specific deterrence, denunciation and just punishment were relevant sentencing considerations in your case. Further on Charge 3, you fall to be sentenced as a serious sexual offender if sentenced to a term of imprisonment on Charges 1 and 2. She did not ask, however, for a longer than commensurate sentence. She submitted that specific deterrence had work to do. As to the objective gravity of your offending, there were two complainants and she rightly submitted that this was not one-off offending but rather it was offending that was persistent and predatory over a period of weeks.
47The moral culpability for your offending, she submitted, was high, notwithstanding your low-functioning IQ. She submitted that the only appropriate disposition was a term of imprisonment with a head sentence and a non-parole period. Whilst there was no Victim Impact Statement provided by either of your victims, there was a presumption of harm. She submitted this was a gross breach of trust. Your offending consisted of acts committed against your children who were at the time of your offending between the ages of nine and 10. She submitted there should be some cumulation in respect of the offending, having regard to the principle of totality.
48Mr Aneterea, you have pleaded guilty to serious offending, as is made clear by the maximum penalties imposed by Parliament for such offending. You were the parent of your victims who were aged between nine and ten at the time of your offending. They had a right, as do all children, to look to their parents for guidance, for parental care, for love and security. You offended against them in their own home and in that home they had a right to feel safe and secure. Instead they were subjected to your sexual approaches when in bed and asleep or when, unbeknownst to them, they were covertly filmed by you when in the shower.
49Thus the intimate and personal spaces of their home became the place where you preyed upon them for the purpose of your own sexual gratification. Your offending against them was not isolated but persistent. It is almost trite to describe your offending as a gross breach of trust. Your acts constitute a fundamental abuse of parental authority. It represents a fundamental betrayal of all recognised values, of family, of decency and of common humanity. You had fallen, I accept, into an addictive and continued use of pornography for your sexual gratification and somewhere in that online world you lost your moral compass.
50Your children became for you mere objects to be used for your sexual gratification. And that, in my view, constitutes the true gravamen of your betrayal of them. You began to film them covertly when they were in the shower. You then filmed your physical violation of them. And the covert nature of your actions clearly demonstrates that you knew what you were doing was wrong. You were found out. Your children must have spoken amongst themselves and indeed discussing these matters at school was what led to the detection of your offending.
51I find that your moral culpability is high. The courts have said time and time again that they will do everything within their power to protect children. Crimes against children, Mr Aneterea are crimes against our future and against our common humanity. Whilst no Victim Impact Statements have been provided, there is a strong presumption of harm to children from sexual offending against them. Sexual offending against children undermines their sense of self. It leads children to blame themselves for acts committed against them by adults, for those acts which they are completely innocent and completely without blame. The courts hear time and time again of the lives that have been shattered by the impact of sexual offending upon children.
52Charges 1 and 2 are representative charges. You are to be sentenced for the offending the subject of the representative charge but not for the representative incidences of offending. There can, however, be no moderation of sentence that may have been warranted if the offending the subject of those charges had been isolated incidents.
53Charge 1 and 3 are standard sentence offences, as prescribed by section 5A(1)(a) of the Sentencing Act 1991 (Vic). The prescribed standard sentence is respectively on Charge 1, a term of imprisonment of four years, s49D(2)(a) of the Crimes Act 1958; and on Charge 3, a term of imprisonment of 10 years, s49A(3) of the Crimes Act 1958.
54Section 5A(1)(b) of the Sentencing Act 1991 provides that the period specified as the standard sentence for the offence is that sentence for an offence that taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness. Pursuant to s5B(2)(a) of the Sentencing Act, the court must take the standard sentence into account as one of the factors relevant to sentencing. According to s5B(2)(b), when considering current sentencing practice for a standard sentence offence, the court may only consider sentences previously imposed where the relevant offence was the subject of the standard sentence scheme.
55The legislation is only beginning to be applied. As yet, there has been no appellate consideration of sentences for such offending under the regime. I was, however, provided with sentences of other Judges of this Court for my assistance. Guidance as to the correct approach has also been given by His Honour Justice Champion in the case of The Queen v Robertson [2019] VSC 145, wherein His Honour stated:
'The standard sentence is not the starting point for sentencing nor does it require two-stage sentencing.
'Rather, the standard sentence is intended to provide the courts with a legislative guide post of objective seriousness that is compatible with the instinctive synthesis approach to sentencing which has been affirmed as part of the common law in Victoria. Nothing in the legislation suggests that the standard sentence assumes a dominant role in considering the sentence to be imposed, rather it is simply one of the relevant sentencing factors to which the court must have regard'.
56I here add for completeness that I find no factors personal to you are sufficiently causally related to your offending such as to become an objective factor affecting the relative seriousness of the offence. See Robertson above.
57Mr Aneterea, in sentencing you, I must have regard to a range of different factors. I must give effect to principles of both general and specific deterrence, that is I must deter others from behaving as you did and I must deter you from any repeat of such behaviour. I must express the community's denunciation of your conduct and I should promote, if possible, your rehabilitation. On
Charges 3 and 4, I must pay primary regard to the need to protect the community from you. I must take into account the presumed effect your crime has had upon your victims and I must have regard to the sentence for
Charge 1 and 3 and current sentencing practices under that legislative regime and the maximum penalties imposed by Parliament.58In short, I must try to balance your personal circumstances with the circumstances of your offending and I am also required by law to pass no longer a sentence than is necessary in all the circumstance of the case. Clearly, principles of general and specific deterrence, denunciation, just punishment and protection of the community are to the fore in this sentencing exercise. Charges 1 and 2 are representative charges and I have regard to the principles application to such charges, restated in the case of Crouch v The Queen [2019] VSCA 30.
59On Charges 3 and 4 I am required to sentence you as a serious sexual offender and ordinarily that means I would be required to impose sentences that are cumulative upon each other and upon the other sentences. The prosecution, fairly, has not sought to persuade me that I should impose a disproportionate sentence and I do not propose to impose a sentence that involves anything like total communication. As stated, it is the duty of the Court to impose no longer a sentence than is necessary in all of the circumstances.
60It seems to me that justice can be done in this matter and the public can be adequately protected by a measure of concurrency that I think adequately deals with all of the sentencing considerations. I have taken into account all the matters that have been urged upon me by your counsel. For the avoidance of doubt, I have had regard to your plea of guilty, entered at the earliest opportunity and the benefit that it brings with it. I accept that you are remorseful and that you carry the responsibility for the breaking up of your family. I accept that you are willing to engage in treatment and that you have at least the beginning of insight into the impact of your offending upon your victims if not into the causes of your offending.
61I accept that you are willing to change and that with support you may be able to do so. You will need, however, to engage meaningfully in treatment to address what I find is your undoubted deviant arousal. I accept that the recording techniques were not sophisticated. You used your own phone and your own face and other identifying features such as your tattoos and your wedding ring were captured on the video files. The files had not been stored or saved in any organised or sophisticated way and the deletion likewise consisted of them merely being moved to your trash folder.
62I accept you did not seek to publish the images but kept them for your own gratification. I accept that prior to this offending coming to light, you had raised with your wife your need to stop your excessive drinking, although unfortunately you did not raise with her your offending. I accept that you have lost the life that you have made here in Australia. I accept that this is your first time in custody and further I accept that prison will be more burdensome for you than for someone without your intellectual challenges. Nonetheless, as your counsel readily conceded, this offending can only be met by a substantial term of imprisonment. I make clear, I have significantly moderated the orders for cumulation that I would otherwise have made.
63If you would stand please, Mr Aneterea.
64On Charge 1, sexual assault of a child under the age of 16, you are sentenced to a term of imprisonment of two (2) years and 10 (10) months.
65On Charge 2, producing child abuse material, you are sentenced to a term of imprisonment of twenty-one (21) months.
66On Charge 3, sexual penetration of a child under 12, you are sentenced to a term of imprisonment of six (6) years and three (3) months.
67On Charge 4, possession of child abuse material you are sentenced to a term of imprisonment of six (6) months.
68I order ten (10) months of the sentence on Charge 1 and four (4) months of the sentence on Charge 2 and one (1) month of the sentence on Charge 4 run cumulative to each other and cumulative to the sentence on Charge 3. This makes a total effective sentence of seven (7) years and six (6) months. I fix a non-parole period of four (4) years and ten (10) months.
69On Charges 1 and 3, the sentence that I have imposed is less severe than the standard sentence for each of those offences. I consider this is justified by reference to the principle of parsimony, your low-level of intellectual functioning, your early plea of guilty, your genuine remorse, and, to the fact that prison will be more burdensome for you.
70Pursuant to section 6AAA, had you not pleaded guilty, you would have been sentenced to a total effective sentence of ten (10) years and six (6) months with a non-parole period of eight (8) years.
71Pursuant to section 18(4), I direct that you have served 210 days of the sentence that I have passed upon you and I direct that this be entered into the records of the court.
72On Charges 3 and 4 you are sentenced as a serious sexual offender and I direct that this be entered into the records of the court.
73Now, Ms Drago, custody management issues. First time in custody, now he knows his sentence.
74MS DRAGO: First time in custody.
75HIS HONOUR: Intellectual challenges.
76MS DRAGO: Yes, Your Honour. Yes.
77HIS HONOUR: Is he on, would you know is he on any medication?
78MS DRAGO: If I might approach the dock briefly, Your Honour, thank you.
79HIS HONOUR: Please. Of course, Ms Drago.
80MS DRAGO: No other custody arrangement issues, Your Honour.
81HIS HONOUR: No - apart from those ‑ ‑ ‑
82MS DRAGO: No medication, no.
83HIS HONOUR: All right, thank you. Well, I will certainly put those on the ‑ ‑ ‑
84MS DRAGO: Thank you, Your Honour.
85HIS HONOUR: ‑ ‑ ‑ order. Now, there are other ancillary matters,
Mr Aneterea. Firstly, I have to tell you that you are now a registerable offender under the provisions of the Sex Offender Registration Act and you will remain a registrable offender for the rest of your life. Now, my associate and, please, you can with Ms Drago ‑ ‑ ‑86MS DRAGO: Yes, Your Honour.
87HIS HONOUR: ‑ ‑ ‑ is bringing you a document to be signed which shows that you have been informed of this and of the requirements under the Act and I am sure Ms Drago will go and see you after I have risen to explain the matters in detail. Thank you, Ms Drago for that.
88MS DRAGO: Thank you, Your Honour.
89HIS HONOUR: So, Mr Interpreter, if you would interpret please. Now, prior to your release, it will be explained to you, I am acutely aware it might be academic, it will be explained to you. Would you please interpreter,
Mr Interpreter. Prior to your release, your obligations under that law will be made clear to you by those whose job it is to help you transition back into the community. And, Ms Drago, I rely upon you to ‑ ‑ ‑90MS DRAGO: Of course, Your Honour, yes.
91HIS HONOUR: ‑ ‑ ‑ to explain. Now, also I am going to make a s.464ZF order. That is not opposed Ms Drago I understood for Mr O'Halloran on the last occasion.
92MS DRAGO: No, Your Honour. No.
93HIS HONOUR: And there is a disposal order that likewise was not opposed on the last occasion. Just waiting for them to print off. So, I will sign those in chambers. Mr Aneterea, I am making an order which allows the police to take a forensic sample from you. That just means a buccal swab. Put a Q-tip in your mouth and take a swab of saliva. I am sure that when police officers come to do that, you will allow them to do it and you will agree. But I have to tell you that if you should refuse to provide a sample, the officers are entitled to use such force as is reasonably necessary in order to take the sample from you. I am sure there will be no problem but I am told by Parliament that I must tell you that and I of course do what I am told. Now, Ms Coppini, anything I have missed out?
94MS COPPINI: We have covered everything, Your Honour, I just, I am not sure whether the category Charge 3 needs to be declared as a mandatory ‑ ‑ ‑
95HIS HONOUR: If it does, I will do it.
96MS COPPINI: Thank you.
97HIS HONOUR: I will put it on the order. I know it is an inhibitioned - it mandates what cannot be done.
98MS COPPINI: That is right, Your Honour, and you have covered, obviously in your sentence ‑ ‑ ‑
99HIS HONOUR: Yes.
100MS COPPINI: Thanks, Your Honour. I have not had one of those.
101HIS HONOUR: (Indistinct words) but I think I covered everything.
102MS COPPINI: Yes, Your Honour.
103HIS HONOUR: Yes, thank you. Ms Drago, anything you wish to raise?
104MS DRAGO: No. Nothing further, thank you.
105HIS HONOUR: All right then, Mr Aneterea, obviously this is a most difficult moment for you. And the Court is not inhuman, the Court is not unaware of this but you are still young enough to be able to put your life back on track.
106HIS HONOUR: Thank you, Ms Drago, thank you, Ms Coppini, have a good day, I will stand down.
107MS DRAGO: Thank you, Your Honour.
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