Director of Public Prosecutions v Booth
[2013] VCC 1280
•5 September 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL DIVISION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMIE BOOTH |
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JUDGE: | HER HONOUR JUDGE CAMPTON | |
WHERE HELD: | Bendigo | |
DATE OF HEARING: | 4 September 2013 | |
DATE OF SENTENCE: | 5 September 2013 | |
CASE MAY BE CITED AS: | DPP v Booth | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1280 | |
REASONS FOR SENTENCE
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Subject:
Catchwords: Two counts of sexual penetration of a child under 16 – Complainant aged 14 years – Accused aged 23 years.
Legislation Cited: Sex Offenders Registration Act 2004
Cases Cited:
Sentence: Community Corrections Order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Jones | Office of Public Prosecutions |
| For the Accused | Mr A. McLennan | Victoria Legal Aid |
HER HONOUR:
The Charges
1 Jamie Booth, you have pleaded guilty to two counts of sexual penetration of a child under 16. The maximum sentence for this offence is 15 years imprisonment.
2 The complainant, who I shall refer to as “AM”, was 14 at the time of the offences while you were aged 23. You knew her through a youth group in Maryborough.
3 The circumstances of your offending at that between 1 December 2012 and 16 January 2013 AM was staying with her friend at a property in Whitehills. You used to visit at this house. On one occasions between the dates I have just mentioned when you were in the loungeroom with AM you lent over and kissed her passionately. You lay down together on the couch where you fondled her breasts and she played with your penis over your clothes. The first count on the presentment relates to your actions of then putting your finger in her vagina.
4 Shortly afterwards you asked her if she wanted to have sex and when she consented you produced a condom and you then placed your penis in her vagina.
5 When AM asked you, "What happens next"? You replied that you "could be friends with or without benefits" and the next morning you sent her kisses on Facebook.
6 AM's mother found out about the offending and wanted her to go to the police however you told AM to deny that anything had happened. On 7 January 2013 the police were notified and when you were interviewed you denied committing the offence.
Personal circumstances
7 Your counsel provided the court with your personal details. You were born in Maryborough and you are the second youngest of four children. Apparently your father had significant substance abuse issues and you had little contact with him growing up. Your mother re-partnered twice. Unfortunately her second partner was a violent man and sexually abused you and your sister. He was convicted of sexual offences and sentenced to a term of imprisonment.
8 This abuse has had an ongoing impact on your life and you have made several attempts to take your life. Your difficulties have been compounded by the fact that you suffer from a condition which causes you to have lesions on your body and this has been an issue for you since you were a young boy.
9 Despite these difficulties, after leaving school at the end of year 10 you obtained an apprenticeship with Baker's Delight in Daylesford and you worked there until you were 20. You have also worked in landscaping and as a painter. You formed a new relationship. You are now living with your partner who is pregnant.
Submissions regarding sentence
10 With respect to your sentence the prosecutor submitted that a suspended sentence or Community Corrections Order was within range. Your counsel urged the court to impose a Community Corrections Order.
Sentencing remarks
11 In sentencing you I have taken into account both specific and general deterrence. I want to stress that your conduct on the occasion I have just referred to was totally inappropriate. She was 14. You were 23. You should have known better.
12 However I accept your guilty plea is evidence of your remorse and I have given you an appropriate discount for it. I also accept your counsel's submission that you have good prospects of rehabilitation given your work record and the fact that you are now on a general practitioner mental health plan which hopefully will deal with any issues you have in relation to the trauma caused by the childhood sex abuse.
13 I have taken both specific and general deterrence into account and because of those other factors I have just mentioned I have decided that a Community Corrections Order is within range. What I intend to do is I intend to place you on a Community Corrections Order for a period of 18 months. The order commences on 5 September 2013 and ends on 4 March 2015. There is an intensive compliance period of 12 months.
14 Now you have to, if you consent to this order, attend at the Bendigo Community Correctional Services within two clear working days after the commencement of the order. There are mandatory terms that apply to all Community Corrections Order. You must not commit another offence for which you would be imprisoned during the time of the order. You must comply with any obligations or requirements. You must report to and receive visits from a community officer. You have got to report within two days. You have to inform the community officer within two clear working days of any change of address or job. You cannot leave Victoria without getting permission and you must obey all lawful instructions.
15 In addition to those general terms, the other terms of your order are that you perform 150 hours of unpaid community work over a period of 12 months. You will be supervised for a period of 12 months. You must undergo treatment and assessment for alcohol abuse as directed and a mental health assessment and treatment as directed. You must also undergo programs aimed at addressing factors relevant to your offending.
16 The intensive compliance period of the order is the first 12 months. This basically means that you have got to complete the unpaid community work during the intensive compliance period. The other conditions run over the 18 months but the work period has to be completed in 12 months.
17 If I can hand the documentation to my Associate, I will give it to your counsel and it is now a question of whether or not you consent to that order. She also has to hand you some documentation in relation to the Sex Offenders Registration regulations. That is a mandatory requirement, it is outside my control. Your counsel will explain the requirement to you but you are obliged to report for 15 years in relation to that.
18 Section 6AAA, I have got to indicate, as I understand it, it would have been two years to serve 12 months.
19 Is there an application under - - -
20 MR JONES: Yes, Your Honour.
21 HER HONOUR: I will just wait until he signed the documents then I will make an announcement in relation to that order.
22 (Orders signed and acknowledged.)
23 The 464ZF application was that consented to?
24 MR McLENNAN: Yes, Your Honour.
25 HER HONOUR: All right, well I make that on the basis that the order is by consent and the granting of the order is in the public interest.
26 MR McLENNAN: Yes, Your Honour. As Your Honour pleases.
27 HER HONOUR: I should indicate for the record also that I consider the sentencing range provided by the Crown to be a very sensible one.
28 MR McLENNAN: As the court pleases.
29 HER HONOUR: In the circumstances of this case.
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