Director of Public Prosecutions v Cassise, Christine
[2012] VCC 2011
•7 December 2012
| IN THE COUNTY COURT OF VICTORIA AT SHEPPARTON CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| CHRISTINE CASSISE |
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JUDGE: | HIS HONOUR JUDGE PILGRIM | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 7 December 2012 | |
CASE MAY BE CITED AS: | DPP v Cassise, Christine | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 2011 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr A. Moore | Office of Public Prosecutions |
| For the Accused | Mr Birrell |
HIS HONOUR:
1 Christine Cassise, you have pleaded guilty to one count of sexual penetration of a chid under the age of 16 years and one count of committing an indecent act with a child under the age of 16 years.
2 You heard the learned prosecutor, Mr Stephen, tell this court that the maximum sentence for sexual penetration of a child under 16 is that of ten years' imprisonment and that the maximum sentence for the committing an indecent act is that of five years' imprisonment. These maximum sentences should indicate to you that these are indeed serious offences.
3 For having pleaded guilty I will impose a lesser sentence than I otherwise would have imposed. In other words, you receive a discounted sentence for having pleaded guilty. Ms Cassise, you knew the victim, TF, as you were friends with TF's sister. TF's sister had worked with you for six years prior to these offences at a local supermarket.
4 Ms Cassise, you would socialise with TF's sister on weekends and stemming from this friendship you became known to TF's family.
5 On 7 May 2011, you and TF attended the 21st birthday of TF's sister. During this evening, you approached TF on a number of occasions and hugged him. TF hugged you back. Whilst doing this you called TF a "cute boy" and he thanks you for these compliments.
6 Later in the evening, you asked TF to walk you to the toilets. You both then walked to the toilet area where you stopped and kissed TF passionately. TF said "I don't think this is right". You responded "No one else will know" and you continued to kiss TF passionately. TF responded by kissing you back.
7 Shortly thereafter, you then led TF into a cubicle within the female toilet facility. You sat on the toilet, pulled TF's underwear down telling TF that you were going to give him a head job. You then performed oral sex on TF for approximately five minutes. Next you then began to masturbate TF with your hand. At one stage pulling hard and causing the shaft of TF's penis to bleed profusely. On this happening, you stopped masturbating TF and you attempted to help clean the blood off TF and his clothing. The clothing was bloodstained requiring him to have to change his clothes.
8 It was 12 months later that you were interviewed by the investigating police officers. Your record of interview revealed admissions made by you as to sexual penetration of TF, that is the oral sex, however your account of other activity is not in accord with what TF said occurred. However, you plead guilty to both of these offences.
9 Your counsel, Mr Birrell, produced reports from Dr Lester Walton, a consultant psychiatrist. Dr Walton, if I pause there for a moment, is a very well known and highly recognised psychiatrist in the court system of Victoria. In fact, indeed I saw his name mentioned in the media over some high profile cases now before the Supreme Court.
10 Nevertheless, you have seen this doctor and he provided a report dated 20 November 2012. Dr Walton reports as to your personal history. He says this:
"Christine Cassise is 28 years of age. She was born in Numurkah and she continues to reside in Cobram where her father operates an orchard. This gentleman is a Australian born of Italian migrant parents and he is 62 years of age. Your mother is an Italian migrant, she being some two years younger. Ms Cassise is the youngest of four siblings and she stated that she gets on well with her parents, two brothers and a sister. Ms Cassise is the only one afflicted by intellectual disability and there is no family history of mental disturbance. Ms Cassise recalls her childhood as being characterised by her father's relative absence due to his commitment to long hours of work. She was particularly close to her sister."
11 Dr Walton, in his report, refers to the learning difficulties you encountered whilst attending school. Ms Cassise, you attended local primary schools and secondary colleges and you also attended special schools in conjunction with both of your primary and secondary school education, assisting you with your difficulty in terms of learning.
12 You remained at school until age 19 leaving at the end of Year 11. You then obtained work as a checkout girl at Woolworths Supermarket despite you having little or no numeracy skills. Your counsel, Mr Birrell, informs me that the barcode system has been a lifesaving device for you in assisting with this difficulty.
13 In addition to having attained full time work, you have your driving licence, you are accompanied to court by your parents and you have the continued support of your extended family.
14 Dr Walton reports, and I again quote him, he said this:
"When Ms Cassise was developmentally assessed at the age of six years, she was found to be functioning in most areas at between four and five year level. It was noted she had a disproportionate ability to speak competently. The learning assessment project completed in June 1996 documents consistently poor performance and the formal psychometric testing, which occurred in November 1997, does not actually give her IQ score but it was stated that 99.9 per cent of peers performed better than her."
15 So 99 per cent of your peers are functioning at a much higher intellectual level than you. You are right at the very bottom, and I do not mean to insult you by saying that. That is just the cold hard fact of life.
16 Dr Walton then, later in the same report, says, and I quote:
"Ms Cassise exhibited obviously deficient literacy and numeracy skills. She could not actually add up sums of money if left to her own device but with practice she has learned simply to scan barcodes where the computer takes the care of additions. Gross memorising remains intact and she was correctly oriented in time and place."
17 Dr Walton then further says, and I quote him again:
"I believe it is fair comment that the alleged offending would not have occurred in the absence of this woman's intellectual disability."
18 Dr Walton reports that you are suffering from intellectual disability. You are to be classified in the mild range. The doctor goes on to say that there is no additional psychiatric disturbance. Ms Cassise does not have abhorrent sexual interest in children.
19 You do not have alcohol or substance abuse problems, so he informs me, and I am inclined to accept Dr Walton's opinion that you do not require any formal treatment or rehabilitation for the state of health that you are burdened with.
20 Finally, Dr Walton says, and I quote him again:
"Ms Cassise's offending, as I understand it, arises as thoroughly out of character behaviour. On that basis, the prognosis in relation to recidivism would appear to be uncomplicatedly favourable especially as there is no underlying pathological drive toward the sexual offending."
21 Ms Cassise, there have been three victim impact statements filed in this matter. You have heard the victim impact statement of TF read into the transcript of these proceedings, as was the victim impact statement of TF's father. TF's mother also filed a victim impact statement. This victim impact statement mirrors the comments of both TF and her husband, TF's father. As these comments form part of the transcript, that is TF's comments and TF's father's comments, I am not going to comment on them again.
They are actually reported and recorded in the transcript so I do not propose to quote from them save to recognise that your behaviour has distressed them all and, as you should know as it is all too common in small communities, these type of events cause the embarrassment to TF and his family and no doubt to your own family. Small communities are very difficult to manage. The word gets out, everybody adds their own bit to it and it gets out of control - unfair things said about you, but more importantly dreadful things said about the victim and those small communities are devastating in terms of their gossip. This is all something that you are burdened with, and more particularly so too are TF and TF's family.
22 Ms Cassise, I assure you that I have taken into account all that has been said on your behalf by your counsel, Mr Birrell. I take into account your plea and your prospect of rehabilitation. Ms Cassise, your plea of guilty is an indication of your remorse. Your counsel, Mr Birrell, again on your behalf, expresses your remorse to this court. Dr Walton said this as to your remorse, and I quote him:
"It does appear that the incident and consequences thereafter have had a salutary effect upon Ms Cassise. She is not a person who his simply so disabled that she cannot learn from her mistakes. She certainly expresses appropriate regret at this point."
23 As I mentioned earlier, your prospect for rehabilitation has to be excellent. You have the love and support of your family. You are in full time employment and have been so since leaving school. Dr Walton expressed amazement that with your level of intellectual disability that:
(a) you were able to get a job; and
(b) you were able to keep it.
For that you have got to be commended.
24 You have no prior convictions.
25 This type of offending frequently comes before these courts. Young persons, that is those under 16 years of age, have the protection of the legislature from the Parliament to protect them from activities such as yours and in some instances, I am not saying in this instance, but in some instances to protect them from themselves. I quote two quotes from the Victorian Court of Appeal cases. In DPP v VH (2004) 10 VR 234, Callaway J, with whom Buchanan and Eames JJ agreed, said:
"The sexual abuse of children by persons in a position of trust is intolerable.
26 Marks J in R v Sposito said, amongst other things:
"A society which fails to protect its children from sexual abuse by adults, particular those entrusted with their care is degenerate."
27 Could you stand up please. Whilst initially these are the discussions you had with the police officers, you had a belief that TF was older than he in fact was. You were in a position that you should have known he was 11 or 12 years younger than yourself and you should have known better in terms of the activity that took place with him. I do not agree with the Office of Corrections. They seem to have either refused or not read the report of Dr Walton so I therefore do not propose to go down the path of a community corrections order. I suspect it would damage the status you have got in terms of you might lose your job and you might lose the dignity of being employed with a rewarding income. However, you will be convicted and released on a good behaviour bond. The conviction stays with you for life. The length of that bond, pursuant to s.72 of the Sentencing Act, is for a period of two years and pursuant to s.72(2) it is ordered that, well it is automatic virtually that:
"The offender attends before this court if called upon to do so, during that two year adjournment, if the court so specifies, at the time for which the further hearing is adjourned"; and secondly
"That the offender...", that is you, "...is of good behaviour during that period of time."
28 Pursuant to s.464ZF of the Crimes Act, you are to provide a forensic sample; pursuant to the Sex Offenders Registration Act you are to be registered as a sex offender and report for the next 15 years; and pursuant to s.6AAA of the Sentencing Act, had it not been for the plea of guilty, I would have sentenced you to a term of imprisonment of 12 months and suspended that for a period of 18 months.
29 Are there any other orders sought?
30 MR MOORE: No, Your Honour.
31 HIS HONOUR: Thank you. Thank you, Mr Birrell. Will you explain that bond to her. The lady is not allowed to leave until that is signed.
32 MR BIRRELL: I will, Your Honour.
33 HIS HONOUR: Thank you. Adjourn the court.
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