Director of Public Prosecutions v Backhouse

[2025] VCC 1278

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00747

DIRECTOR OF PUBLIC PROSECUTIONS

v

WILLIAM BACKHOUSE

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	2 September 2025
DATE OF SENTENCE:	2 September 2025
CASE MAY BE CITED AS:	DPP v Backhouse
MEDIUM NEUTRAL CITATION:	[2025] VCC 1278

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of Guilty – Assault with intent to commit a sexual offence – Trespass – Prior criminal history – Delay – Complex mental health – Reasonable prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 as amended by the Crimes Amendment (Sexual Offences) Act 2016 s 42(1); Summary Offences Act 1966 s 9(1)(e); Sentencing Act 1991 ss 6AAA, 18, 44.

Cases Cited:Andrews v The King [2025] VSCA 26.

Sentence:                  Imprisonment for a period of 2 years and 2 months with a Community Correction Order for a period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr L McPhie	Office of Public Prosecutions
The Accused was not represented

HIS HONOUR:

Introduction

1William Backhouse, you have pleaded guilty to one charge of assault with intent to commit a sexual offence contrary to s 42(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016 which carries a maximum penalty of 15 years imprisonment.

2You have also pleaded guilty to a related summary offence of trespass contrary to s 9(1)(e) of the Summary Offences Act 1966 which carries a maximum penalty of 6 months imprisonment.

3You have also admitted you Criminal Record.

Circumstances of the offending

4At the time of the offending, you were 52 years old and residing alone in Ascot Vale.

5The victim in this matter is Sylvia Holder[1]. At the time of the offending she was 20 years old. Ms Holder is originally from Tasmania and moved to Victoria in 2021 to attend university. At the time of the offending, she was living at an address in Coburg with her friend Melissa Crosby[2]. 

[1] A pseudonym.

[2] A pseudonym.

6You and the victim were not known to each other.

7On the morning of Monday, 3 July 2023, the victim and Ms Crosby were both at home. The victim woke up at approximately 9:00am and at approximately 11:00am began cleaning the house.

8The victim left the front door of the house open as she was going in and out to access the outside bin, in order to empty the vacuum cleaner. There is no security screen on the front door. The victim had also left the front gate to the house open after collecting their bin from the street.

9After cleaning, the victim went to her bedroom and changed into a white sweatshirt.

10Ms Crosby was lying down in her own bedroom as she was not feeling well.

11When entering the property, Ms Crosby’s bedroom is the first room on the left-hand side from the hall and the victim’s bedroom is the second room on the left.

12At approximately 1:20pm, you entered the property and passed by the first bedroom door, in which Ms Crosby’s was in, and believed to be asleep/resting (Summary Charge 10)

13The victim was seated on her bed when you entered the doorway. The victim was confused by your presence at first and said ‘hello’, thinking you may have been a maintenance worker let in by Ms Crosby.

14You walked towards the victim and grabbed at her head and face, before grabbing at her sweatshirt. The victim thought that you were trying to cover her mouth and hold her down.

15The victim screamed for help and asked what you were doing. You replied ‘What do you think I’m doing? I’m going to rape you’. You and the victim struggled on the bed and the victim fell from the end of the bed onto the floor. During the scuffle, the victim’s oil heater was knocked over.

16The victim felt her body ‘shut down’ after falling to the ground, and resigned herself to the fact that she could not do anything. Ms Crosby woke from her sleep in the other room after hearing the victim’s cries for help. She went to the victim’s bedroom and observed you on the bed and the victim on the floor at the foot of the bed.

17Ms Crosby yelled at you ‘what the fuck!? What are you doing?! What’s going on?!’. You continually threatened to rape the Victim.

18The victim pleaded for help, and Ms Crosby ran out of the address yelling for assistance. She got the attention of passers-by and neighbours.

19You and the victim continued to struggle in the bedroom. The victim stood up and slapped you to the face. You were pulling at the victim’s sweatshirt, which she managed to wriggle out of.

20The victim then ran out of the house, naked on the top half, to Ms Crosby and the others who had come to assist (Charge 1).

21You walked out of the address still holding the victim’s sweatshirt. You were confronted by the passers-by and neighbours who had come to assist. Those present phoned 000 and surrounded you until police arrived.

Arrest and interview

22At approximately 1:50pm, First Constable Isabella Giannangelo and First Constable Jake Honey from Fawkner Uniform arrived on scene and spoke to you. You were belligerent, and placed under arrest. You were provided with your caution and rights.

23Police were wearing BWC at the scene, which captures their interaction with you.

24On BWC, you say a number of things including:

(a)   that you are being a human being (prior to caution/rights);

(b)   that you have not committed any crime (prior to caution/rights);

(c)   that you are a human being, and walked into another human being’s house (prior to caution/rights);

(d)   that you walked into the house because it is a fucking house (prior to caution/rights);

(e)   that you did nothing wrong, and walked into a person’s house;

(f)    all you were trying to do was have sex with somebody;

(g)   that you wanted to have sex with teenage girls;

(h)   a teenage girl was topless walking down the street;

(i)    this is not even rape as you did not even get her pants off;

(j)    all you did was walk into a house and attempt to have sex with a teenage girl, what is wrong with that, that is how people get born.

25You were placed in a divisional van, which has cameras equipped inside. Whilst you were inside the divisional van, you made a number of comments, including, ‘I just wanted to have sex with a teenage girl’ and, ‘who knows, she might become pregnant and have children’.

26You were conveyed to the Fawkner Police Station. Forensic Medical Officer, Dr Keet, from the Victorian Institute of Forensic Medicine, was of the opinion you were unfit for interview. Dr Keet did not review you, however had previously reviewed you on 23 May 2023, and obtained further information from the police over the phone on the day in question. No interview was conducted.

27You were subsequently remanded and have been in custody since 3 July 2023.

Investigation

28At the scene, police took photographs of scratches to the victim’s neck caused by you in the course of the assault.

29On 5 July 2023, the victim provided a statement to police. Whilst her statement was being taken, the victim drew attention to bruising she had sustained to her left elbow during the offending. The bruising and scratches to her neck were photographed by police in the interview room at Fawkner Police Station.

30As part of the investigation, police also conducted DNA testing of the outer surface of the left shoulder/neck region of the jumper worn by the victim at the time of the offending, as well as two areas from the victim’s neck. In relation to the DNA found on the jumper and on the victim’s neck, both were mixed profiles however it was determined that in each case the DNA evidence is 100 billion times more likely you are a contributor to the sample.

Nature and gravity of the offending

31Assault with intent to commit a sexual offence is a very serious offence carrying a maximum penalty of 15 years imprisonment.

32In this instance, as you admitted at the scene, you saw the victim’s door was open and simply walked into the house uninvited giving rise to the related summary offence of trespass. Once in the house, you approached the victim and immediately grabbed at her head area and began struggling with her. When the victim asked what you were doing you replied ‘what do you think I’m doing? I’m going to rape you’ That conduct constitutes the facts of Charge 1.

33There can be no doubt that your conduct was a serious and frightening  experience for the victim. As the victim stated, once you had made the threat, she felt resigned to the fact that she was in that moment, powerless. You continued to assault her following the threat until she ultimately was able to break free and run from the house.

34Once the police arrived and confronted you, you stated that you did nothing wrong and that you were just trying to have sex with someone. You also said that all you did was to ‘walk into a house and attempt to have sex with a teenage girl, what is wrong with that, that is how people get born’. Your responses, while somewhat bizarre, amounted to admissions.

35While the victim had her door open as she was cleaning the house, this circumstance did not give you the right to enter a private home. The victim was still entitled to feel safe in her own home and in my view, your offending amounts to a reasonably serious example of the offence of assault with the intent to commit a sexual offence.

Victim impact

36A victim impact statement was prepared by Melissa Crosby who was the housemate of the victim.

37Ms Crosby states that following your offending on the victim which she witnessed, her life has been deeply and permanently affected. She has developed anxiety and post traumatic stress disorder. She and the victim moved house as they no longer felt safe in the house that you entered. They have installed extra security. Ms Crosby also states that she had to defer her university studies for six months following your offending and has missed out on social events as she avoids leaving the house after dark.

38I have taken the contents of the victim impact statement into account.

Personal circumstances

39You were born and raised in regional New South Wales to a farming family. Your family moved often due to your father being in ministerial work. You have a younger sister who you were closer with growing up, and you report that both you and your sister were ‘hard workers’ on the farm. You are presently estranged from both your sister and mother.

40You repeated grade one due to a lack of academic progress and language delays however completed your schooling without further academic issues. You report that you had a ‘few good teachers’ throughout your schooling however, experienced severe bullying during grades 7-11. You reflect that you were withdrawn socially during school preferring to spend time with yourself.

41You completed a Bachelor of Arts in history and sociology in 1993, and a post-graduate diploma in history in 1998. You report a vocational history working in market research and call centres however note that your alcohol use has adversely affected your capacity to maintain employment.

42You have a long history of heavy alcohol abuse, commencing in your early adulthood and escalating to where you were consuming a cask of wine daily in your forties. You describe that your alcohol consumption was self-medicating and a means of coping with unemployment and social isolation.

43You have a further history of illicit substance use, primarily marijuana and methamphetamine which commenced in your thirties. You reflect on several suspected episodes of heroin overdose and note that in 2020 your intravenous drug use became a daily occurrence.

44A psychological Court Report prepared by Dr Bonnie Albrecht on behalf of Forensicare dated 15 November 2024 was filed with the Court and provides a detailed account of your psychiatric history.

45Your psychological profile reflects long-term diagnostic complexity, with repeated reference to challenging personality features, psychotic illness, and mood and anxiety symptomology. Further, your presentation is marked by neurodevelopmental vulnerability and longstanding substance abuse issues.

46In her report, Dr Albrecht affirms your diagnosis of developmental visual-spatial disorder (NVLD), a condition characterised by largely intact verbal cognition but deficits in visuo-spatial processing and challenges in executive functioning and pragmatic language. It is suggested that your diagnosis of NVLD would diminish your capacity in areas such as inhibitory control and self-monitoring.

47In her assessment, Dr Albrecht observed that you demonstrated poor self-monitoring and/or effort to refrain from repetitive themes, becoming less responsive to directions when agitated or experiencing mental stress. These difficulties reflect a constellation of executive function difficulties, interpersonal sensitivities and impulse control deficits which underpin your complex cognitive and psychiatric presentation.

48Whilst intermittent psychotic symptoms have been noted historically, Dr Albrecht rules out the presence of a primary psychotic illness ultimately concluding your symptomology is more consistent with acute stress or adjustment related conditions. Over the course of your remand period, you have had various referrals to a psychiatric nurse, with complaints of loneliness and psychological distress including suicidal statements or behaviours. It is noted by Dr Albrecht that this may be a trauma response, perpetuated by ongoing challenging interactions between yourself and custodial staff.

49A further psychological report of Professor James Ogloff, commissioned on behalf of the Office of Public Prosecutions, was also filed. Dr Ogloff’s opinion is generally consistent with Dr Albrecht as to your psychological profile and diagnosis. The report was prepared in relation to a fitness hearing, Dr Ogloff ultimately finding you fit to stand trial whether legally represented or self-represented.

50You come before the court with relevant prior history including convictions for injury charges and sexual offending noting that in 2015 you served a period of imprisonment for rape.

Sentencing considerations

51I take into account that you have pleaded guilty to this offending. While your plea was entered on the day of trial, it has nonetheless saved the court considerable time and expense, and most importantly it has spared the victim and her housemate from having to give evidence. I also acknowledge that in open court you have expressed that you are sorry for your conduct and any distress you caused to the victim and the victims housemate.

52In my view delay is a relevant consideration. This matter has had a lengthy procedural history that has included a number of adjournments due to considerations of fitness, the fact that you have been unrepresented on some occasions, and also that you have changed solicitors. While some of this delay is attributable to you, to a large degree the delays have been caused while awaiting reports in order to assess fitness. I take this delay into account.

53I take into account your complex mental health. While you are clearly an intelligent man, you have suffered from NVLD which, as noted by Dr Albrecht can diminish your capacity in areas such as inhibitory control and self-monitoring. I also note that while on remand you have encountered a number of difficulties in prison including confrontations with staff and other prisoners. This has resulted in extended periods in management units within the prison. While the evidence does not in my view support a connection between your mental health concerns and the offending, I accept that your time on remand has been made more difficult due to your mental health conditions.

54Turning to your prospects of rehabilitation, you come before the court with a relevant prior criminal history and a relatively complex psychological profile. While Dr Ogloff observed that you have entrenched beliefs regarding perceived injustices within the criminal justice system, you are nonetheless intelligent and articulate. In my view if you embrace the supports that will be offered to you as part of the community correction order that I intend to impose, your prospects can be considered to be reasonable.

55General deterrence, specific deterrence, denunciation of your conduct and protection of the community are relevant sentencing considerations. Members of the community have the right to feel safe in their homes, and as has been noted by the Court of Appeal[3], the courts have a duty to punish those who encroach on such rights and protect members of the community from predatory sexual attacks of the kind you perpetrated in this instance.

[3] Andrews v The King [2025] VSCA 26, [64] (Kaye and T Forrest JJA).

56You have served over two years in custody and in my view, you would benefit from a period of supervision and treatment in the community. As such a combination sentence that includes a period of custody together with a community correction order is in my view, able to meet the relevant sentencing considerations is this instance. Mr McPhie who appeared on behalf of the Director of Public Prosecutions submitted that in all the circumstances a combination sentence is within range.

Sentence

57Mr Backhouse would you please stand.

58William Backhouse on Charge 1, assault with intent to commit a sexual offence, you are convicted and sentenced to 2 years and 2 months imprisonment as the prison component of the combination sentence pursuant to s 44 of the Sentencing Act 1991 (‘Sentencing Act’).

59Following the prison component of the sentence (which have completed), you will be placed on a community correction order for a period of 2 years. In addition to the standard conditions of the order you will be required to undertake treatment and rehabilitation in relation to alcohol and drug use, your mental health and programs to reduce reoffending. You will also be subject to supervision.

60On related Summary Charge 10 trespass, you will be placed on the same community correction order.

61Pursuant to s 18 of the Sentencing Act, I declare that 792 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

62Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of years 3 years and 6 months imprisonment with a non-parole period of 2 years and 6 months.