Director of Public Prosecutions v Callahan (a pseudonym)

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised

Not Restricted

Suitable for Publication

Case No. CR-24-00780

DIRECTOR OF PUBLIC PROSECUTIONS

SIMON CALLAHAN (a pseudonym)[1]

[1] A pseudonym has been used for the name of the offender to protect the privacy of the victim.

---

JUDGE:	Riddell
WHERE HELD:	Melbourne
DATE OF HEARING:	28 November 2024
DATE OF SENTENCE:	19 February 2025
CASE MAY BE CITED AS:	DPP v Callahan (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 136

REASONS FOR SENTENCE
---

Subject:Sentence --- CRIMINAL LAW
Catchwords:                 Plea of Guilty --- Incest --- Indecent Act with child under 16 --- Indecent Assault --- Victim is offender’s biological daughter --- Offending over 20 year period commencing when victim was 8 years old --- Penetrative acts including penile/vaginal penetration --- Some accompanying physical violence --- Manipulation and grooming --- Devastating impact on victim --- No relevant prior or subsequent criminal history --- Remorse --- Voluntarily seeking psychological treatment --- Mandatory Sex Offender Registration for life
Legislation Cited:         Sentencing Act 1991 --- Sex Offenders Registration Act 2004
Cases Cited:R v Sposito, Supreme Court of Victoria, unreported 7-8 June 1993 --- The Queen v Ware [1997] 1 VR 647 --- DPP v G [2002] VSCA 6 --- Reid (a Pseudonym) v The Queen (2014) 42 VR 295 --- Harlow (a pseudonym) v The Queen [2018] VSCA 234 --- DPP v Dalgleish (a Pseudonym) [2016] VSCA 148 --- DPP v Dalgleish (a Pseudonym) (2017) 262 CLR 428 --- DPP v Dalgleish (a Pseudonym) [2017] VSCA 360 --- Harmon (a pseudonym) v The Queen [2017] VSCA 169 --- DPP v Walsh [2018] VSCA 172 --- DPP v Tullipan (a pseudonym) [2021] VSCA 191 --- Hoare v R (1989) 167 CLR 348 --- R v Connell [1996] 1 VR 436 --- Matheas v The Queen [2017] VSCA 330 --- Stalio v The Queen (2012) 46 VR 426 --- The Queen v AMP [2010] VSCA 48 --- Director of Public Prosecutions v Dedalus (a pseudonym) [2023] VCC 131 --- Weir (a pseudonym) v The King [2023] VSCA 113 --- Crawford (a pseudonym) v The Queen [2018] VSCA 113 --- DPP v Polat (a pseudonym) [2020] VSCA 174 --- PDI v The Queen [2011] 216 A Crim R 577 --- Director of Public Prosecutions v Quinlan (a pseudonym) [2023] VCC 2226 --- Director of Public Prosecutions v Wilson (a pseudonym) [2023] VCC 83 --- DPP v OJA [2007] VSCA 129
Sentence:  21 years and 5 months imprisonment --- Non Parole period of 14 years and 8 months imprisonment

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M. Cookson	Office of Public Prosecutions
For the Accused	Ms. H Anderson	Chester Metcalfe
For the Accused at Sentence	Ms J. Askander	Chester Metcalfe

HER HONOUR:

1Simon Callahan, I am now to sentence you for your years of sexual abuse against your daughter Alison[2]. That offending began on Christmas Eve when she was only 8 years old. Over the next two decades, until she was 27, you used her as your sexual property, repeatedly offending against her in a most despicable way. You placed your own sexual gratification above the need to protect, care for and love your own child. The extent of your abuse on her and the psychological impact it obviously had, is amply demonstrated by the fact that even as an adult she was beholden to you using her for your own sexual desires.
[2] A pseudonym.
2Your offending has tainted and tarnished many significant events in her life – from Christmas to birthdays and Easter, her Debutant Ball and significant school events. Occasions which should be the foundation of happy memories are infected by you.
3The resilience and courage of your daughter to withstand your abuse, to forge her own life and relationships is remarkable. As is her courage to come forward and tell her story of abuse and the impact it has had on her. It is no thanks to you that she is the strong, unbroken woman she is today.
4On 28 November 2024 you pleaded guilty before me to 8 sexual offences, 5 of incest and three of various kinds of indecent acts committed between December 1991 and June 2011. They represent twenty-four separate incidents and in the main are course of conduct or rolled up charges.
5During the period of offending your daughter Alison was aged 8 to 27 years old. You were between 30 and 50 years old. You are now 63.
6You and Alison’s mother Janette[3] met in 1979 and married in 1983. Alison is your oldest daughter, born in 1983. You and Janette have a second daughter, Georgia[4] born in 1988.
[3] A pseudonym.
[4] A pseudonym.
7You lived in Aspendale[5] during your marriage and the offending began in the Aspendale home.
[5] A pseudonym.

Summary of the Offending
Incident One
8On Christmas Eve 1991 your family had been to a foreshore Carnival. Alison was 8. During a ride on the dodgem cars, you grabbed her hand and placed it on your erect penis, holding it there. (Charge 1 – Indecent act with a child under 16)
Incident two
9The following day, on Christmas morning 1991 you went into Alison’s bedroom. You told her that you had to get your present before she got hers.
10You made her undress and then you undressed yourself. You knelt over the top of her and placed two fingers inside her vagina, moving them in and out of her. Alison told you that it hurt and to stop. Despite her complaint you continued for a little longer until she told you again to stop because it was hurting her. (Charge 2 – Incest)
11You then pulled Alison down on top of your penis and told her to slide up and down using the outside of her vagina. The process continued until you ejaculated on to your stomach. You then got up and went to the bathroom to shower. (Charge 1 – Indecent act with a child under 16)
Incident Three
12On a date between July 1992 and July 1993, you asked Alison to come into the bathroom with you. She was 9 years old. You then showed her a Penthouse magazine depicting naked adults having sex. You began masturbating before asking her to squeeze your testicles using her hands until you ejaculated over the magazine. (Charge 1 – Indecent act child under 16).
Incident Four
13Around two weeks after that event you again asked Alison to “Help you out” in the bathroom. You told Alison that “We are going to do something a little different this time. You know how I get myself off with using my hands. So this time you are going to do it”. You grabbed her hand and placed it around your erect penis and started pulling it back and forth. You instructed her to squeeze your testicles whilst doing this. You then ejaculated. (Charge 1 – Indecent act with a child under 16)
Incident Five
14On an occasion between July 1993 and July 1994, Alison was caught kissing the boy next door. She was 10 years old. You were enraged and told Alison that you didn’t teach her to kiss just so she could go out and kiss random boys.
15You then made her get undressed in her bedroom and spanked her over your knees until she cried. You then apologised for hurting her and said that you were going to ‘make it up’ to her. You instructed her to lie down naked on her bed and then performed oral sex on her by licking her vagina and inserting your tongue inside her vagina. You did this for approximately 5 minutes and then told her to get dressed. (Charge 2 - Incest)
Incident Six
16Shortly after the previous incident, your wife Janette found a Penthouse magazine that you had given to Alison. Despite the fact you had given her the magazine, you proceeded to punish Alison by spanking her whilst she was naked. Thereafter you performed oral sex on her, stating that you were sorry for punishing her. (Charge 2 – Incest)
17That process of spanking her while she was naked and of then performing oral sex on her became a regular occurrence over the following months at times when she got into trouble.
Incident Seven
18On one occasion between July 1994 and July 1995, you went into Alison’s bedroom. She was 11 years old. You showed Alison a picture of a woman performing oral sex on a man. You told her that this is what she had to do for you as you do it for her.
19You put your penis in Alison’s mouth and pushed her head up and down on your penis. As this occurred, you told her to suck it. You then ripped off Alison’s nightie and told her to use one hand to masturbate your penis and one hand to grab your testicles, whilst continuing to suck your penis. (Charge 3 – Incest)
20You then lay naked on top of her. You rubbed your erect penis over the top of Alison’s vagina until you ejaculated on her stomach. (Charge 1 - Indecent act with a child under 16)
Incident Eight
21In November 1994 your family were celebrating at Georgia’s 6^th birthday party. Alison was 11 years old. You and your family were cooking a BBQ lunch. Janette was inside the house with Alison’s aunty, preparing salad.
22You took Alison down the side of the house. She had bathers on at the time. You slipped your hands inside Alison’s bathers and then inserted your finger inside her vagina, moving it in and out (Charge 2 – Incest)
23You then kissed her forcefully with your tongue insider her mouth. You stopped when you heard Janette calling you both in for lunch. (Charge 1 - Indecent act with a child under 16)
Incident Nine
24A few weeks later you asked Alison to help you prune a nectarine tree down the side of the house. You undid your pants and took hold of her hand and asked her to “help” you out. Alison masturbated your penis with her hand until you ejaculated into a handful of tissues you had in your pocket. (Charge 1 - Indecent act with a child under 16)
Incident Ten
25In April 1995, around Easter time, you visited Alison ’s bedroom early in the morning. She was 11 years old. You were naked when you walked in and told her to get naked. You then lay on top of her rubbing your erect penis up and down over the top of her vagina. (Charge 1 – Indecent act with a child under 16)
26Janette entered the bedroom and caught you laying naked on top of Alison. She screamed at you and you ran out of the room. Janette asked Alison if you had harmed her but, afraid of getting into trouble with her mother, she told Janette “No”.
27Shortly after this incident, Janette confronted you about what she had seen. You denied any wrongdoing. Ultimately you were kicked out of the house.
28You moved to live with your parents at their Mornington Address[6]. After you moved out, Janette allowed Alison and her sister to visit you every Saturday but did not allow them to stay overnight.
Incident Eleven
[6] A pseudonym.
29Despite being discovered by your wife, removed from the family home and restricted in your access to your daughter, you continued to offend. You manipulated Alison to stay with you despite her mother’s limitations.
30On an occasion between 1 September 1996 and 1 December 1996, when Alison was 13 years old, your parents, her grandparents, were away on an overseas holiday. Alison told her mother that she was staying at a friend’s house for the night but instead attended at the Mornington address with you.
31You took her out for dinner and then went back to the Mornington address to watch a movie. You told her you had to watch it in your bedroom. At one point you lay naked on top of her and rubbed your erect penis over the top of her vagina. (Charge 1 – Indecent act with a child under 16)
32You then inserted your erect penis into Alison’s vagina. Alison was shocked by this and told you to stop because you were hurting her, and she did not like it. You kept moving your penis in and out of her vagina for around 15 minutes until you ejaculated inside her. You collapsed on top of Alison who lay under you in a state of shock. She then ran to the toilet and cleaned herself up. (Charge 4 – Incest)
Incident Twelve
33The following morning you woke her, rolling her over and performing oral sex on her. (Charge 2 – Incest)
34For the second time, you then inserted your erect penis into her vagina, causing her pain and distress. You moved your penis in and out of her vagina until you ejaculated inside her. (Charge 4 – Incest)
Incident Thirteen
35On an occasion between 15 October 1998 and 1 November 1998, when she was 15 years old you took Alison out to the movies and dinner in Cranbourne. After returning from the movies and dinner, you stated that you had to go to your friend’s house in Langwarrin to feed a dog, water the plants and collect their mail. You took Alison with you.
36At your friend’s house in Langwarrin you gave her bourbon and coke, drinking together and smoking cigarettes. A short time later, you took her to the spare bedroom where you undressed her. You got undressed and lay on top of her naked on the bed. You then kissed her on the mouth and moved your tongue inside of her mouth. (Charge 1 – Indecent act with a child under 16)
37You then performed oral sex on her (Charge 2 – Incest) before inserting your erect penis into her vagina. You moved in and out of Alison ’s vagina for approximately 15 minutes before ejaculating inside her vagina. (Charge 4 – Incest)
Incident Fourteen
38On an occasion between 1 November 1998 and 1 December 1998, you took Alison to dinner in Cranbourne and late night shopping, ostensibly for her sister’s birthday present. After shopping you told her that you had to go to your friend’s house to feed the dog and water the plants.
39You took her to your friend’s house in Langwarrin where you gave her beer to drink. A short time later, you took Alison into a spare room where you undressed her, then yourself and lay on top of her naked in bed. You tongue kissed her mouth, moving your tongue inside her mouth. (Charge 1 – Indecent act with a child under 16)
40You then performed oral sex on her for a short time (Charge 2 – Incest) before getting on top of her and inserting your erect penis into her vagina. You penetrated her, moving in and out of her vagina for approximately 15 minutes before ejaculating inside her. (Charge 4 – Incest)
Incident Fifteen
41On an occasion between July 1999 and August 1999 you took Alison and her friend to Southland to see a movie and have lunch. This event occurred a few days after Alison turned 16. After lunch, you dropped her friend at her home and took Alison to a house in Carrum Downs. You explained that you needed to clean that house before friends returned from holidays.
42Once there you ordered pizzas and you provided Alison with bourbon and coke. Later you told her to get into the spa and you washed her. After this you took her to the spare bedroom and began tongue kissing her, moving your tongue inside her mouth. (Charge 5 - Indecent act with a child aged16 years old under care, supervision or authority)
43You then performed oral sex on her (Charge 2 – Incest) before getting on top of her and inserting your erect penis into her vagina. You moved in and out of her for approximately 15 minutes before ejaculating inside her vagina. (Charge 4 – Incest)
Incident Sixteen
44The following morning, Alison awoke to you performing oral sex upon her. (Charge 2 – Incest) You then got on top of her and inserted your erect penis into her vagina. You penetrated her for approximately 15 minutes before ejaculating inside her vagina. (Charge 4 – Incest)
Incident Seventeen
45Between August 1999 and September 1999, you took Alison to dinner at La Porchetta. After dinner, you again used the ruse of cleaning your friend’s house to take her to a house in Langwarrin where you provided her with alcohol. You took her into the spare bedroom where you undressed her and yourself and lay on top of her naked. You then kissed her mouth, moving your tongue inside her mouth. (Charge 5 – Indecent act with a child aged 16 years old under care, supervision or authority) before performing oral sex on her. (Charge 2 – Incest)
46You then got on top of Alison and inserted your erect penis into her vagina. You moved in and out of her vagina for approximately fifteen minutes before ejaculating inside her. (Charge 4 – Incest)
Incident Eighteen
47In 2000, Alison attended her debutant ball. She was 16 years of age. She and a friend became drunk, and Alison called you to pick them up. You refused to let Alison stay at her friend’s house, instead taking her back to the Mornington Address, clearly for your own purposes.
48You dragged her into the house and took off her clothes. You performed oral sex on her (Charge 2 – Incest) before penetrating her vagina with your erect penis. On this occasion you moved your penis in and out of her for approximately 30 to 40 minutes until ejaculating inside her. (Charge 4 – Incest)
Incident Nineteen
49In November of the same year Alison was performing in her school’s production at the Melbourne Rock Eisteddfod. You drove her to the concert centre and parked away from the other cars in the carpark, under a tree. You told her that because she wouldn’t stay the night with you, she would need to ‘Help you out’ before you and she went inside. You took your penis out of your pants and Alison masturbated you using her hand until you ejaculated into some tissues. (Charge 6 – Indecent assault)
Incident Twenty
50Between June 2001 and July 2001, at age 17 Alison won a modelling shoot at a studio in Dandenong. You told her to tell the photographer that you were her boyfriend so that you could watch the shoot. You produced a bag of lingerie that you had bought for her to wear at the photo shoot. She refused which made you angry. Instead of taking her to the photo shoot you took her back to the Mornington Address. You made her put on the lingerie and model for you whilst you took photos of her. You then began kissing her before removing the lingerie and performing oral sex upon her. (Charge 2 – Incest)
51You then penetrated her vagina with your erect penis moving it in and out of her vagina for about an hour before ejaculating inside of her. (Charge 4 – Incest)
Incident Twenty-one
52On an occasion between September 2001 and October 2001, Alison and her best friend had been at the Royal Melbourne Show. On their return home, you paid Alison a visit. She was 18 years of age. Alison ’s friend had been called into work and left. You provided bourbon and coke to Alison before taking her to her bedroom where you undressed her. You then got undressed and lay on top of her naked. You tongue kissed her (context) before performing oral sex on her for a short time. (Charge 7 – Incest)
53You then got on top of her and inserted your erect penis into her vagina. You moved in and out of Alison for approximately 15 minutes before ejaculating inside her vagina. (Charge 8 – Incest)
Incident Twenty-two
54On another occasion between October 2001 and November 2001, Alison and her best friend were at home together when you came over for dinner. Alison’s best friend was again called to work and left. The pattern of your offending was repeated – you gave Alison bourbon and coke before taking her to her bedroom where you undressed her and yourself before lying on top of her naked. You tongue kissed her (context) before performing oral sex on her for a short time. (Charge 7 – Incest) and ultimately getting on top of her and inserting your erect penis into her vagina. You penetrated her for about 15 minutes before ejaculating inside of her vagina. (Charge 8 – Incest)
Incident Twenty-three
55The final incidents occurred in 2011 when Alison was 27 years old. By that time she was married with a son. He was to turn 6 years old and a party had been arranged a couple of days prior, at your new address in Patterson Lakes.

56The night before the party you insisted that Alison stay the night at your home to get the house decorated for the party. She agreed.
57When she arrived at the house, you insisted that she get undressed and decorate the house in the nude. She initially refused but you insisted, and she eventually did as you asked. After decorating the house, you made her perform oral sex on you whilst she was seated on the lounge. She initially refused but you forced your erect penis into her mouth and made her suck it. (Charge 3 – Incest)
58You then took her to your bedroom and performed oral sex on her (Charge 7 – Incest) before penetrating her vagina with your penis, moving it in and out of her until you ejaculated inside of her. (Charge 8 – Incest). You and she then went to sleep in your bed.
Incident Twenty-four
59The following morning, she was woken up by you performing oral sex on her. (Charge 7 – Incest) You then got on top of her and inserted your erect penis inside her vagina. You moved in and out of her until you ejaculated inside her vagina. (Charge 8 – Incest)
Investigation and arrest
60Alison reported the offending to police in 2023.
61On 30 July 2023, she made a pre-text recorded phone call to you where she confronted you about the impact of your offending on her life. During the call, you acknowledged the allegations and stated ‘Yeah, I’m sorry, it was totally wrong of me, but I loved you so much… I hope you can get past it… I wish I could take it all back… At the time, I needed you’.
62You were arrested and interviewed by police on the same day. You made some admissions in your record of interview but denied the most serious penetrative offending at that stage, stating ‘it never went further than masturbation’, and denying that you took her virginity when she was 13.
63You conceded that she was vulnerable. You conceded the inappropriateness of your touching of her. You stated that you did not have a relationship with your wife and ‘became attached’ to Alison as a way to fill your emotional void.
64You agreed that your inappropriate behaviour should not have happened and that your daughter would not have gained any enjoyment or pleasure from your acts against her, stating ‘It was all about me.’
65You recognised that she was ‘going through a really hard time’ and said ‘I’m probably partly to blame for that from back then. Things catch up with people…. If I could go back in my life and fix what I’ve done I would.’ You stated you loved her and wanted to make her safe but conceded that you did not. ‘I took advantage of that didn’t I? Yeah, really despicable thing to do.’ Later stating, ‘obviously I hurt her a lot more than I thought I did.’
66You said ‘I wanted her to be happy but I didn’t see all the predators and I guess at the end of the day I was the biggest one.’

Sentencing Principles
67This is abhorrent and serious offending.
68The sentence I impose must reflect the community’s denunciation and strong disapproval of any person sexually offending against a child under their care or control, and in particular any parent. It must generally deter other would-be offenders from engaging in this way, by signalling to them that stern sentences will result. In that way, it must seek to protect any other child or young person from falling prey to similar predators.
69Higher courts have many times spoken of the destructive nature of offences of incest or indecent acts against a child by a person in authority over them. In 1993, Justice Marks in the Victorian case of R v Sposito[7] stated,
A society which fails to protect its children from sexual abuse by adults, particularly those entrusted with their care, is degenerate. The offence of incest is particularly erosive of human relations and casts doubts upon the assumption that parents are natural trustees of the welfare of their children. It might be unnecessary to recount the morbid features of incest, the most prominent of which include the exploitation by the stronger will of the adult of the weaker will of the child, the physical and psychological subordination of the child to the perverted indulgences of the adult, the gross breach of trust placed in the offender by the victim and the community, and the irreparable fundamental damage to the victim.
[7] Supreme Court of Victoria, unreported, 7-8 June 1993.

70Almost 30 years ago in the decision of The Queen v Ware[8] from 1997, His Honour Hedigan JA with whom the rest of the Court of Appeal agreed, said that original sentences for incest offences in that case failed to reflect the objective gravity of such serious offending. His Honour said
'The courts have had occasion more often than they would care to remember particularly in the last decade to consider matters raised by these cases involving both the interests of young persons and societal interests in protecting them by the detection and punishment of this type of crime which strikes at the familial roots of civilised society.'
[8] R v Ware [1997] 1 VR 647.

71In 2002, the President of the Court of Appeal, His Honour Winneke P in DPP v G[9] made the following comments:
'The insidious effects of the crime of incest upon its victims should be recognised by those who are privileged to exercise parental care and the community is entitled to expect that those who exercise such care will not abuse the trust and confidence reposed in them by those in their charge. Parents - and those in loco parentis - who fail to exercise the restraint which the community expects of them, and who give in to their own sexual gratification, must expect to be severely and appropriately punished.'[10]
[9] DPP v G [2002] VSCA 6.
[10] Ibid at para [10].

72His Honour Priest JA in the 2014 matter of Reid (a Pseudonym) v The Queen[11] analysed authorities from other jurisdictions and our own. He referred to the fact that since the 1980s, there has been a dawning realisation that the tariff of sentencing such offences has not been sufficient. Those sentiments reflected the worldwide recognition of that fact, as distilled in his Honour’s judgment in 2018 in Harlow v The Queen[12], referring to case law in New Zealand and Canada along with Australian Authorities.
[11] Reid (a Pseudonym) v The Queen (2014) 42 VR 295 at paras [83] – [107].
[12] Harlow (a pseudonym) v The Queen [2018] VSCA 234.
73Sadly, the relentless wave of cases involving offending of this type has continued. The passage from His Honour Hedigan JA in Ware was referred to almost 20 years later in the guideline judgment of the Court of Appeal in DPP v Dalgliesh[13]. There, the Court held that sentences for incest needed to be increased to reflect the serious nature of that offending and to deter others in positions of power and responsibility over children from using them for their own needs.
[13] DPP vDalgleish (a Pseudonym) [2016] VSCA 148 at para [653]. See also DPP v Dalgleish (a Pseudonym) (2017) 262. CLR 428 and DPP v Dalgleish (a Pseudonym) [2017] VSCA 360.
74In 2017 the High Court in considering Dalgliesh[14] on appeal, remarked that ‘Sexual abuse of children by those in authority over them has been revealed as a most serious blight on society… The courts have developed an awareness of the violence necessarily involved in the sexual penetration of a child, and of the devesting consequences of this kind of crime for its victims.’
[14] DPP v Dalgliesh (A pseudonym) (2017) 262 CLR 428.
75Indeed, Courts and the community much better understand the significant impact of sexual offending against children and young people. The impact is likely immediate, but more often long lasting. Where the offending has been repetitive and sustained over a long period of time, as here, the impact is likely to invade almost all aspects of a victim’s life.
76Children who are sexually abused tend to carry enormous shame and guilt about the offending. Usually that is because their young age and lack of understanding of sexual matters leads to an enormous amount of confusion about what is occurring. Wrongly, they often attribute that shame and guilt to themselves.
77Children tend to understand that sexual matters are private, not often spoken of, the stuff of secrets. That confusion and the veil of secrecy around sexual matters is traded on by sexual predators to ensure their silence.
78Where the offender is a parent, the confusion is so deeply compounded. Here is the person they trust, revere, love who is abusing them. How is the young child to disentangle those feelings from the acts being committed against them? Offenders breaching trust in that way use the child’s natural affinity for a parent against them.
79Children also tend to inherently know that speaking out will impact their family. Where it is discovered, not uncommonly the child will attribute the breakdown of family to themselves. They tend to blame themselves for the fact that the offending parent must leave the home, and for the fact other siblings miss that parent.
The impact of your offending
80Those common features of sexual abuse of children are present here. They are articulated best by Alison in her victim impact statement. With courage, dignity and poise she read that statement at your plea. She says -
My story is one of survival and one that covers the most part of my life. I was only a very young child when my innocence was stolen from me, my trust shattered, and my voice silenced. The memories of these terrifying moments are etched into my mind like scars, a constant reminder of the pain and fear I endured at the hands of my Father, who I trusted, and loved with all of my heart. He should have been my protector, my role model, my safe haven and a teacher of morals. Instead, he had no morals, he betrayed my trust, abused my body, exploited my innocence and left me with emotional scars on my psyche that may never heal.
The impacts of the abuse have been devastating, profound and debilitating. They have impacted every aspect of my life and every part of myself. It has shaped me in ways I am still discovering and reverberates throughout my self-perception, relationships and emotional well-being. l find it difficult to discern love from manipulation, as affection mostly came laced with control and criticism. The distorted view of love and relationships has lingered, making it hard to form healthy connections with others.

81Alison developed an eating disorder as a primary school student. She says -
I was crying out for attention. I stopped eating because my Dad had started commenting on my weight and telling me that I was fat. The thought of displeasing him made me feel worthless even at such a young age.

82Unsurprisingly she continues to struggle with her body image. She says she does not like to be naked in front of anyone, even her husband. She feels shame and disgust at her own body.
83She speaks of her stolen innocence about sexual matters in the following way –
At such a young age I was thrust into a world meant for someone not only more mature in years, but also much more mature in their bodies development. I was introduced to body parts and functions that I should have had no idea about and made to participate in acts that I was far too young to understand or give my consent. I was shown pornographic material and I didn't understand what was happening to me. I didn't know why my Father was physically hurting me and abusing my little body. I just wanted him to love me and for that, I was willing to do whatever I had to. I felt loved when he would tell me that we had a special and secret relationship. I believed him when he would tell me that nobody would believe my story and that everyone would hate me and leave me if I tried to tell anyone what was going on. He was like a puppet master holding all the strings.

84Alison suffers Post Traumatic Stress Disorder and FND (Functional Neurological Disorder) which is a disorder that causes her to have seizures. That condition is known to have a strong link to childhood trauma. She says the seizures ‘control my life on a daily basis.’ In addition she says, ‘anxiety, depression and hypervigilance are my constant companions.’
85Your daughter still suffers night terrors from flashbacks of your abuse. She says,
I don't remember the last time I had a good night’s sleep because when I close my eyes, I am taken back to my bedroom where I'm a little girl and my father is naked and climbing into my bed. I am exhausted... constantly.

86She also talks about the fact that your level of manipulation, taught to her as a child, extended to her adult life. She would cook and shop for you. She paid bills and with her husband was starting the process of taking out a bank loan for you. It was that which brought her to crisis point and she made a decision to end her life. She made a detailed plan including confronting you before killing herself in front of you so that she could inflict some pain on you. She says,
I had been manipulated so strongly that this was my real and distorted view. 'Who was going to believe me? 'l asked myself. Or even if they believe me, surely they will hate me and think I’m disgusting. I was in such a bad headspace that I was just ashamed and embarrassed and didn't think I had the courage to fight.

87Very fortunately a phone call and some insightful, caring questions from her sister in law stopped her going through with her plan and allowed the truth to come out. She was believed. Telling her husband about her other life was ‘absolutely horrendous’ but he stands by her. He too has lost a father in law, and your grandson a grandfather.
88Alison says what you have done to her is unforgivable. It is clear she still struggles to understand why you abused her and why you did not seek help. Those are your issues to deal with and she hands them back to you. She says,
You have ruined the last 41 years of my life, inflicting unimaginable pain and suffering. I have no father. Exposing you is the beginning of my new life. I am going to not only survive, but I am going to live life and be truly happy surrounded by all the people that you tried to convince me would run away. I am not alone, but you will be. I will take my past and draw strength, resilience and make every moment count. I am finally free of shame, of embarrassment and of manipulation. But mostly, I am free of YOU and that is the greatest thing that I have ever achieved!

89I agree with her statement – she is no victim, but a true survivor.

Objective Gravity
90In assessing the objective gravity of your offending, the most significant matter is the enormous breach of trust. Alison is your biological daughter. You are her father, meant to protect, provide, care for, respect, nurture and love her. You breached that trust in every way.
91You also breached the trust of your wife. Non-offending parents, usually mothers, are so often blindsided by what is happening in their homes. Offenders like you manipulate, disguise and hide behaviours. Mothers often blame themselves and feel enormous guilt. Offending often compromises their relationship with the child. Although I have no victim impact statement from your ex-wife, I anticipate it has been a confusing and difficult path for her also.
92Equally, your other daughter Georgia has no doubt been affected. Her family unit has been broken. Sibling relationships are often affected where one child cannot fathom the abuse of another.
93The second aggravating feature of your offending is the length of time over which it occurred. Twenty years. Twenty years which were her foundation. Starting when she was very young and enduring until she was an adult woman. Your abuse continued throughout her years at primary school and through her adolescence into adulthood.
94You robbed her of those critical years of development. Not just physical development, but of her social, emotional, psychological and sexual development. Undoubtedly you confused her idea of self, her feelings of self-worth, and her ability to freely explore and discover her sexual self.
95It is a remarkable achievement that Alison has had any intimate relationships and a considerable demonstration of her strength and her autonomy away from you. Equally, it is a reflection of the love of her husband and others around her that she has been able to forge that path. I imagine parenting has not been easy. The hypervigilance of child sexual abuse victims towards their own children is easily understandable but must be very difficult to live with.
96Some people may find it difficult to understand that you could offend against her in the way you did when she was 27. To me, that is a clear reflection of the way you had manipulated her through her childhood and adolescence, of how you trained her to respond to your demands.[15] Acting like a tempestuous child when she did not respond as you wished, and then smothering her with sexual acts disguised as affection when she did as you asked.
[15] See for example Harmon (a pseudonym) v The Queen [2017] VSCA 169 at paragraph 17-18.
97Third, your offending continued even after you had been discovered by your wife in two ways. First, when the Penthouse magazine was found. You let 10 year old Alison take the blame, and no doubt added to her distress by punishing her physically. That alert did not stop your ongoing offending. Second, when your wife discovered you naked lying on top of your naked daughter. Even in the face of that event you denied your offending. Even after being thrown out of the family home you continued to abuse Alison.
98Fourth, the level of penetration is extremely serious. Penile penetration of Alison’s vagina, accompanied by ejaculation on each occasion, is at the highest level of incest offending. It is the most intimate form of sexual contact necessitating as it does such a level of physical contact. It represents a significant invasion of the bodily integrity of the other person.
99In addition, it carries with it risks of sexually transmitted disease. It can carry a risk of pregnancy though I accept in your case you had had a vasectomy. I take into account there are numerous cases where pregnancy, with or without a forced abortion, has occurred. That elevates the seriousness of the offending in those cases. In your case, the absence of that additional aggravating feature does not mitigate.[16] In a way, the fact of your vasectomy allowed you to offend with impunity, but I accept it did not carry that additional risk for Alison.
[16] Harlow (a pseudonym) v The Queen [2018] VSCA 234 [88].
100Penetration, commencing when she was just 13 years old must have been extremely confronting for her. In my view the most serious of your offences is that reflected in Charge 4 of penile/vaginal penetration when she was under 18. In particular, incident 11 which is the first time you penetrated her in that way when she was 13 years old, and incident 12 another act of penetration the following morning. Despite her distress, her protests of pain, and asking you to stop[17], you persisted until ejaculation. In other words, with complete disregard for her.
[17] Incident 11.
101The acts of oral and digital penetration are also serious, repetitive and must have been confronting for her. The first act of digital penetration occurred when she was very young – an 8 year old on Christmas morning.
102Similarly, although the occasions when you forced her to suck your penis are restricted to two events, the first occurred in the context of showing her pornography when she was 11 years old, and the second, some 16 years later when she was a married woman and mother. That must have been extremely confusing for her.

103Fifth, a great deal of the offending occurred in her home, or the home of her grandparents. Places she was entitled to feel safe and at her most secure. At other times it was brazen, such as in the car, at Georgia’s birthday party or at homes of other people.
104Sixth, I note that incest involving a child is inherently a crime of violence whether or not it is accompanied by additional non-sexual violence.[18] However your offending at times did involve additional physical violence by way of using opportunities to spank Alison when she was in trouble as a ruse for offending.
[18] DPP v Walsh [2018] VSCA 172.
105Seventh, you engaged in grooming behaviours providing her with alcohol, dinner and movies. You were manipulative in knowing she would have to deceive her mother regarding where she was staying and were manipulative in taking her to friend’s house under the guise of cleaning.
106Your selfishness in treating her as your sexual plaything is breathtaking. You gave no thought to your child, to her dignity and privacy as another human being. You gave no thought to the way in which you were impacting her.
107Your moral culpability for your offending is extremely high, and there is no doubt that the overall offending here is extremely serious.

Personal Circumstances
108Turning to your personal circumstances. I was assisted by the written and oral submissions of your Counsel Ms Anderson in a very deftly handled plea in difficult circumstances.
109I was provided with a report from Forensic Psychologist Dr Dion Gee dated 24 August 2024 and a treater’s report from Clinical Psychologist Mr Ian Stapleton dated 19 November 2024.
110You will turn 64 in February 2025.
111You have no relevant prior criminal history. You do have a non-conviction matter from 1996 relating to theft charges which are not relevant for my purposes.
112You were born and initially raised in England, the oldest in a sibship of two. Your father worked a lot and you were very close to your mother. Nonetheless, you report an intact family unit which was supportive and nurturing. Your family emigrated to Australia in 1969 when you were an 8 year old, and settled in Melbourne.
113You report being a B grade student and that you didn’t enjoy high school. You had a double hernia and poor eyesight which limited your sporting ability. Your history of hernias have required medical attention at various times.
114You report that you always had friends and it is apparent that you were social. You left school at age 17 after completing year 11.
115You then worked in a factory with your father before commencing long term employment in the banking industry. You have a solid work history in that industry for 17 years. I gather that was interrupted by the theft offences committed in the context of your employment. After a short period of unemployment, you then worked for 9 years as a storeman and then for three years at a supermarket warehouse before being made redundant. To your credit you then engaged in a business studies course before starting your own gardening business which you have run for the past 16 years. Your report loving work and it is clear that you are driven and in the main have been successful in that regard.
116You and your wife Janette were married for 13 years. You and she have two daughters as I have described. Since the breakdown of your marriage in 1995 you have had two or three short relationships.
117You had prostate cancer at age 48 which was successfully treated although you report ongoing side effects. You were followed up for 10 years but have no ongoing treatment. You are in good health.
118As at the time of your plea you were no longer working, had sold your house and had no contact with any of your family or extended family. You were living alone though have a friendship network. It is apparent that visits to you in custody will be very limited on account of your relative social isolation.
119You are currently diagnosed with an adjustment disorder with mixed anxiety and depressed mood. You have expressed suicidal ideation since being charged and according to Mr Stapleton the potential exists for self-harm or suicide. That should be monitored in custody.
120You were assessed broadly and regarding your risk of reoffending by Dr Gee in August 2024 using the recognised psychometric and risk management instruments relevant for sexual offenders.
121In describing the context of your offending you refer to the fact that when your second daughter was born your wife’s focus was on the new baby. At that time you were working three jobs. You say you and your older daughter Alison were ‘thrown together’ and that her mother ignored her. You report doing everything for her and ultimately becoming infatuated with Alison and that you thought you were in love with her.
122Dr Gee opines that at the time of your offending against your pre-pubescent daughter you would have met diagnostic criteria for paedophilic disorder and paraphilic disorder, however you do not fulfill those criteria at this time. That seems largely as a result of the time which has passed since your offending and without further offending.
123Understanding your sexual offence pathway was difficult given what Dr Gee describes as your ‘reduced appreciation of and or difficulty unpacking’ the offence process, and given there is no other sexually aberrant behaviour. Dr Gee also refers to your impression management and desire to appear publicly acceptable. As such the results of testing indicated a reduced level of self-knowledge or reflection, along with a level of psychological avoidance leading to the concealment of some aspects of your psychological difficulties.
124He describes you as having a ‘turbulent, compulsive and dependent personality style.’ He says your offending may have been contributed to by your cognitive distortions, interpersonal difficulties, intimacy deficits and personality pathology, however your sexually aberrant behaviour across the period of offending seemingly has its causal nexus to deviant sexual interest/arousal and its resultant infatuation with your biological daughter that helped further ingrain and justify your distorted perceptions of a consenting intimate relationship with your child.
125He assesses you as a Moderate risk of sexual reoffending but with a moderate level of protection against a relapse to sexual violence. Taken together, you currently present with a Low-Moderate risk of reoffending sexually. I accept that as an accurate assessment.
126His report, while limited for sentencing purposes, contains a deal of information and assessment and recommendations which I commend to those who will administer treatment to you.

Plea of Guilty
127You made only partial admissions in your record of interview as I have described.
128Your matter was listed for a contested committal on 8 May 2024 however resolved prior to any evidence being called. In that way I accept you have done what you could to bring this matter to a close as swiftly as possible. Time was sought to obtain plea material, with your arraignment ultimately occurring before me on 28 November 2024.
129Your plea of guilty is the most significant matter in your favour. It can be considered an early plea. Your plea of guilty entitles you to a real discount in sentencing. Your plea has a utilitarian benefit in that it saves the court and the community the cost and time of a jury trial. Most critically it saves your daughter having to give evidence and relive these events. It also saves your ex-wife from giving evidence. It brings to conclusion these proceedings much more quickly than a trial would.
130In your case, I accept there is evidence of genuine remorse. Higher courts have stated that a plea of guilty indicative of genuine remorse should result in more significant benefit in sentencing. That is because remorse can be indicative of some insight into the offending, a lesser need for specific deterrence and a pointer towards rehabilitation.
131Off guard in the pretext call with Alison you told her you were sorry, expressing your wish that you could take it back. You expressed some understanding of the impact on her saying you hope she can get passed the effects on her.
132In your record of interview you acknowledged that she was vulnerable and you were a predator. You recognised in a limited way the hurt you have caused her.
133You also indicated to Dr Gee that you understand the wrongfulness of your actions, that you accept the harm you have caused your daughter along with other family members. Similar sentiments have been expressed to Mr Stapleton. You sought treatment from him voluntarily and engaged in 9 counselling sessions with him over a period of over 6 months. You reported being plagued by guilt and shame over your offending. He says you report being ‘terribly sorry’ for what you did. You acknowledged your need for long term treatment to address your shortcomings and to become a better person.
134Mr Stapleton states that you have embraced the opportunity to confront your offending behaviour and you are responding well to therapy. He says you are now ‘fully aware’ of the impact your behaviour will have on Alison’s future and the loss of your father/daughter relationship.
135Those expressions of remorse are positives, along with your stated understanding of the need for ongoing treatment. I expect you will undergo sex offender treatment in custody and that this will likely assist you to develop further insight and better understand your offending and the reasons for it.
136I take those matters into account and in your favour. I also take into account the time since your last offence and that you have not sexually re-offended since 2011.
137In the face of such long term offending it is difficult to be confident about your prospects of rehabilitation. However, I accept your offending was confined to this relationship and that there has been no other offending since 2011. I accept your plea of guilty and remorse are good markers, along with your engagement in therapy. Those are indicators of reasonable prospects for rehabilitation despite the seriousness of the offending before me.
138I also take into account the deterrent effect imprisonment will have on you, and the fact that you will be a considerably older man by the time you are released. Those matters have resulted in some downward adjustment of the non-parole period of your sentence.

Submissions
139Sensibly, Ms Anderson acknowledged that there is no sentencing alternative to a period of imprisonment with a non-parole period. That is so. It will be significant.
140It is not a straightforward exercise.

The Indictment
141There are 8 charges on the indictment. Five of those charges are incest charges. Incest is an offence involving some act of sexual penetration of a lineal descendant. Each incest charge here refers to a different act of penetration committed by you against Alison.
142Charge 2 encompasses acts of oral and digital penetration of your daughter’s vagina when she was under 18. It is a course of conduct charge reflecting 13 events occurring over ten years.
143Charge 3 is a rolled up charge. It encompasses acts of penile penetration of her mouth on two occasions, one in 1994 when she was under 18 and one in 2011 when she was over 18. The time span is 16 years.
144Charge 4 encompasses acts of penile penetration of your daughter’s vagina committed when she was under 18. It is a course of conduct charge reflecting 9 events occurring over 4 years.
145Charge 7 encompasses acts of oral and digital penetration of her vagina when she was 18 years or older. It is a course of conduct charge reflecting 4 events occurring over 10 years.
146Charge 8 encompasses incest being penile penetration of Alison’s vagina when she was 18 years or older. It is a course of conduct charge reflecting 4 events occurring over 10 years.
147The indictment contains three other charges of indecency. The first is Charge 1 of indecent acts with a child under 16. That is a course of conduct charge reflecting 12 events occurring over 8 years. The type of acts involved you forcing her to touch your penis, rubbing your penis outside her vagina, forcing her to masturbate you, putting your tongue into her mouth and the like.
148Charge 5 is a charge of indecent act with a 16 year old child under your care, supervision or authority. It refers to two acts of tongue kissing her in separate incidents in 1999.
149Charge 6 of indecent assault refers to the single incident which occurred when Alison was 17 years old when you made her masturbate your penis in the car.
150As can be understood from that outline, other than the stand alone charge 6, a single incident may involve acts which are covered by a number of different charges. Put another way, most charges reflect the same type of individual acts but committed by you at different times and in different contexts. I am very conscious therefore of the fact that different acts reflected in individual charges may have been committed close in time to each other during a single incident. This means I have slightly moderated cumulation.
151Each charge is referable to Alison’s particular age, as required by the legislative provisions in place at the particular period of your offending.
152The Prosecution summary of opening contains an annexure which outlines the specifics of each charge which I have just summarised.
153A rolled up charge is intended to simplify the sentencing task. Nonetheless I must consider all circumstances of the particular incidents of the offences including the time frame of those offences, and the harm caused. The maximum penalty still applies.
154In contrast a course of conduct charge reflects multiple incidents of the same offence over a specified period of time. It allows for offences which lack some specificity due to their repetitive nature to be encompassed in a single charge. Taken together the incidents amount to a course of conduct having regard to their time and place and any other circumstances which are relevant.
155Sentencing for a course of conduct is different from conventional sentencing. A sentencing judge must still sentence within the maximum penalty however the sentence must also reflect the totality of the offending conduct with the result that course of conduct sentences are generally higher. Although it is understood that a sentence for a single instance of incest cannot be usefully compared to a sentence for a course of conduct charge, it may provide some guidance by way of contrast regarding the available range for the latter. A course of conduct charge involving multiple acts of incest over a long period, should be viewed as being considerably more serious than a single act of incest, which should be reflected in appropriate sentencing differentials.[19]
[19] DPP v Tullipan (a pseudonym) [2021] VSCA 191.
156In this case, the incidents are particularised by Alison clearly with reference to surrounding events. In that way here it has been easier to assess the overall criminality than in a case where the offending is described more broadly as ‘what would usually happen’ on an unspecified number of occasions.

Maximum Penalties
157The applicable maximum penalty whether for course of conduct, rolled up charges or individual incidents remains a yardstick. For the charges of incest the maximum penalty between August 1991 and 31 August 1997 was 20 years imprisonment. From 1 September 1997 the penalty increased to 25 years imprisonment. I must apply the lower maximum penalty. The increase is a clear reflection of Parliament’s intention that this type of offending be viewed as one of the most serious types of offences on the criminal calendar. No doubt that reflected the change in the community’s understanding of the impact on victims and the need for significant punishment for offenders. Nonetheless let me be clear that I have applied the lower maximum penalty of 20 years.
158For indecent act with a child under 16 the maximum penalty is 10 years imprisonment. For indecent assault and indecent act with a 16 year old child under care, supervision or authority the maximum penalty is 5 years imprisonment.

Serious Sexual Offender
159In addition to those considerations, once I impose a sentence of imprisonment on Charge 1, you will fall to be sentenced as a serious sexual offender for all subsequent offences pursuant to s 6B(2)(ac) of the Sentencing Act 1991. That is as a result of Charge 1 being a course of conduct charge.
160Charge 1 is also a Category 1 offence due to Alison being a child at the time of that offending. What that means is imprisonment is mandated by the legislature. In addition, Charges 2, 3 and 4 are Category 1 offences. There is no dispute here that imprisonment is the only appropriate sentence.
161The Serious Offender scheme was introduced to better reflect the sentiment in the community that certain types of offences and certain types of offenders should be the subject of increased periods of imprisonment.[20]
[20] Second Reading Speech of the Sentencing Amendment Bill 29 April 1993 – Attorney General Wade MP.
162However, it is a well-established principle of sentencing that a sentence of imprisonment should not exceed that which can be justified as proportionate to the gravity of the crime, considered in light of its objective circumstances.[21]
[21] Hoare v R (1989) 167 CLR 348.

Totality
163It is equally well established that when sentencing an offender in relation to a series of or multiple offences, I must review the overall sentence and consider whether the aggregate is just and appropriate. That is the principle of totality. That principle means I must determine the appropriate sentence for each charge, and the appropriate amount of cumulation required, before standing back and determining whether the overall sentence is appropriate and not disproportionate.[22]
[22] R v Connell [1996] 1 VR 436.
164Section 6D Sentencing Act 1991 does not eradicate the need for me to give consideration to either proportionality or totality, however higher courts have made clear that it moderates those principles.[23] That is, I cannot and must not ignore the legislative intention that people who are serious sexual offenders are to be treated differently in sentencing. It was not submitted here that a disproportionate sentence was warranted.
[23] Ibid and see eg. Matheas v The Queen [2017] VSCA 330.

Current sentencing practices
165I am required to take into account current sentencing practices. That includes consideration of sentences imposed during the earlier period of your offending. While I accept some sentences were lower in the 1990s, I am required to apply the current state of the law.[24] That takes into account the greater understanding now of the seriousness and impact of child sexual abuse.[25]
[24] Stalio v The Queen (2012) 46 VR 426.
[25] See for example The Queen v AMP [2010] VSCA 48; Director of Public Prosecutions v Dedalus (a pseudonym) [2023] VCC 131.
166It is not uncommon in matters of this nature for statutory characterisation of some of the offending conduct and the applicable penalty to have changed over time.[26]
[26] Harmon (a pseudonym) v The Queen [2017] VSCA 169.
167I was assisted by Counsel who referred me to a number of other sentences. I have been assisted by the Judicial College Sentencing manual and have considered a number of cases dealt with within this Court and on appeal to the Court of Appeal.[27]

[27] See for example Harmon (a pseudonym) v The Queen [2017] VSCA 169; Weir (a pseudonym) v The King [2023] VSCA 113; DPP v Tullipan (a pseudonym) [2021] VSCA 191; DPP v Walsh [2018] VSCA 172; Crawford (a pseudonym) v The Queen [2018] VSCA 113; DPP v Polat (a pseudonym) [2020] VSCA 174; PDI v The Queen [2011] 216 A Crim R 577; Reid (a Pseudonym) v The Queen (2014) 42 VR 295; DPP v Dalgliesh (a Pseudonym) [2017] VSCA 360; Director of Public Prosecutions v Quinlan (a pseudonym) [2023] VCC 2226; Director of Public Prosecutions v Wilson (a pseudonym) [2023] VCC 83.
168As always there are similarities and differences between both offender and offending. Tasteless as it must be to victims, a sentencing court must give some consideration to other cases and assess where on a continuum this offending sits. That is not because a sentencing court is bound by other sentences. They do not act as precedent. However, it is necessary to achieve some consistency of sentencing.[28]
[28] See for example DPP v Dalgliesh (A pseudonym) (2017) 262 CLR 428; DPP v OJA [2007] VSCA 129; Harlow (a pseudonym) v The Queen [2018] VSCA 234.
169I accept in the case of incest, sadly the level of depravity can be even more extreme. It can involve multiple victims. It can involve additional acts such as filming and producing child pornography. It can be committed in company with others or in the presence of others. The absence of those features does not mitigate the seriousness of the offending here, however those features may, in a given case elevate the offending to the most serious examples of such offences.
170There is no doubt at all that the offending committed by you Mr Callahan is an extremely serious example of incest offending. Ultimately, I am required to impose a just sentence in all the circumstances and that is what I have endeavoured to do.
Sentence
171In all the circumstances the sentence I impose is as follows.
172On Charge 1 of Indecent act with a child under 16 you are convicted and sentenced to 4 years and 4 months imprisonment.
173On Charge 2 of Incest you are convicted and sentenced to 9 years and 4 months imprisonment.
174On Charge 3 of Incest you are convicted and sentenced to 5 years imprisonment.
175On Charge 4 of Incest you are convicted and sentenced to 11 years imprisonment.
176On Charge 5 of Indecent act with a child aged 16 years old under care, supervision or authority you are convicted and sentenced to 6 months imprisonment.
177On Charge 6 of Indecent assault you are convicted and sentenced to 15 months imprisonment.
178On Charge 7 of Incest you are convicted and sentenced to 7 years and 4 months imprisonment.
179On Charge 8 of Incest you are convicted and sentenced to 8 years and 6 months imprisonment.
180The sentence of 11 years imprisonment on Charge 4 will be the base sentence.
181I make the following orders for cumulation. I direct that 14 months of charge 1, 3 years and 3 months of charge 2, 1 year of the sentence on charge 3, 3 months of the sentence on charge 6, 2 years and 3 months of the sentence on charge 7 and 2 years and 6 months of the sentence on charge 8 be served cumulatively on the base sentence and on each other.

Total Effective Sentence and Non-Parole Period
182The total effective sentence therefore is one of 21 years and 5 months imprisonment.
183I direct that you are to serve a minimum term of 14 years and 8 months imprisonment before becoming eligible for parole.

Pre-Sentence Detention
184I declare that you have already served 83 days imprisonment and that that period should be reckoned as having been served under this sentence.

Section 6AAA
185I declare that but for your plea of guilty I would have imposed a total effective sentence of 26 years and 4 months imprisonment with a non-parole period of 18 years and 5 months imprisonment.

Serious Sexual Offender
186I direct that your status as a serious sexual offender on charges 2 to 8 be noted in the records of the Court.

Sex Offender Registration
187Sex offender registration is mandatory in the circumstances of your case. I will make that order. The period of registration will be for life. Paperwork will be provided to you Mr Callahan. It will be a matter for you whether you sign an acknowledgement to indicate you have been given that documentation.

Disposal
188The prosecution make application for a disposal order as amended. Noting that you consent to that order as amended I will make it in the terms sought.
189Thank you Counsel for your considerable assistance in this matter.

[2025] VCC 136

19 February 2025