Director of Public Prosecutions v Cawood
[2025] VCC 1317
•8 September 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR 24-00922
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| FLYNN CAWOOD |
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JUDGE: | HER HONOUR JUDGE ELLIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 April 2025 and 37 August 2025 | |
DATE OF SENTENCE: | 8 September 2025 | |
CASE MAY BE CITED AS: | DPP v Cawood | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1317 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW SENTENCE
Catchwords: Rape, Pervert the Course of Justice, Causing Injury Intentionally, Causing Injury Recklessly, Persistent Contravention of Family Violence Order
Legislation Cited:Criminal Procedure Act (Vic) 2009; Crimes Act (Vic) 1958; Sentencing Act (Vic) 1991; the Family Violence Protection Act (Vic) 2008;
Cases Cited: Mills v R [1998] 4 VR 235; Azzopardi v R (2011) 35 VR 43; Bugmy v The Queen (2013) 249 CLR 571; DPP v Hermann [2021] VSCA 160; Brown v The Queen (2019) 59 VR 462; Mush v The Queen [2019] VSCA 307; Jurj v The Queen [2016] VSCA 57; DPP v Macarthur [2019] VSCA 71.
Sentence: 9 years 3 months imprisonment, with a non-parole period of 6 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr K. Marshall | Office of Public Prosecutions |
| For the Accused | Ms C. Jackson |
HER HONOUR:
1Flynn Cawood, on 18 September 2024, after hearing submissions from counsel, I granted your application for a sentence indication pursuant to s 207(1)(b) of the Criminal Procedure Act 2009 (Vic). I indicated that upon a plea of guilty to the charges for which you now fall to be sentenced, I would impose a specified maximum total effective sentence, that being a custodial sentence not exceeding nine years and four months' imprisonment, with a non-parole period not exceeding six years and three months imprisonment.
2Mr Cawood, on 7 October 2024, you pleaded guilty to:
(a) One rolled-up charge of make threat to kill contrary to s20 the Crimes Act 1958 (Vic) (‘Crimes Act’), which carries a maximum penalty of 10 years' imprisonment.
(b) One rolled-up charge of rape contrary to s38(1) of the Crimes Act, which carries a maximum penalty of 25 years' imprisonment.
(c) One charge of causing injury intentionally contrary to s18 of the Crimes Act, which carries a maximum penalty of 10 years' imprisonment.
(d) One charge of causing injury recklessly contrary to s18 of the Crimes Act, which carries a maximum penalty of five years' imprisonment.
(e) Six charges of persistent contravention of family violence intervention order contrary to s125A(1) of the Family Violence Protection Act 2008 (Vic), which each carry a maximum penalty of five years' imprisonment; and
(f) One charge of perverting the course of justice contrary to common law. This offence carries a maximum penalty of 25 years' imprisonment.
3I note that the charge of rape is a Category 1 offence. As a consequence, the court must sentence you to a term of imprisonment not in combination with a community correction order, unless satisfied that a prescribed exception applies.[1] It was not submitted that an exception applies in this case.
[1] Sentencing Act 1991 (Vic) s 5(2G).
Circumstances of Initial Offending
4The circumstances of your offending were set out in a summary of prosecution opening for plea dated 19 November 2024 and tendered on the plea as Exhibit A.[2] At the time of the offending, you were aged 19 years.
[2] Summary of Prosecution Opening for Plea dated 19 November 2024 (‘Exhibit A’).
5The victim in this matter is Mia Allan,[3] who at the time of your offending was also 19 years old. In about April 2022, while living in Queensland, yourself and Ms Allan began an on again - off again relationship which continued until the time of your offending.
[3] A Pseudonym.
6On 10 May 2022, a family violence protection order was made against you in favour of the victim at the Brisbane Magistrates Court. On 17 August 2022, the order was varied at Richlands Magistrates Court. The order prohibits you from contacting the victim and from committing domestic violence against her. It is nationally recognised and remains in force until 15 August 2027.
7Subsequent to this order being granted, you lived with the victim in New South Wales and the ACT. On 16 September 2023, having been discharged from Oolong Rehabilitation Clinic in New South Wales, you and the victim booked a room at the Oaks Hotel located at 350 William Street, Melbourne. You checked into this hotel on 20 September 2023 and stayed in Room 1403.
8On the afternoon of 21 September 2023, yourself and the victim drank vodka and lemonade in your hotel room. After visiting a Fitzroy tattoo parlour, you and the victim returned to your hotel room and continued drinking. At approximately 9.30 pm, you and Ms Allan had consensual sexual intercourse.
9You and the victim continued drinking, and by around 10.30 pm, you had finished a bottle of vodka. You asked the victim whether she had cheated on you while you had been separated. She initially denied this, but later admitted that she had. You told her that you were going to kill her. She begged you not to touch her, but you grabbed her by the hair and threw her off the bed. Charge 1 – Threat to Kill (First incident)
10You picked the victim up and put her back on the bed. You forced what the victim felt to be your entire hand up her vagina. She felt you ripping and clawing her vagina while you did so. This constitutes part of Charge 2, the charge of rape.
11The victim managed to get you off her. You went to the kitchen, retrieved a kitchen fork, and returned, stabbing the victim with the fork all over her back and this conduct is part of Charge 3, intentionally cause injury.
12You pinned the victim down and inserted approximately 1cm of the fork’s handle into her vagina. She grabbed the fork from you. This second act constitutes part of Charge 2, the followed-up charge of rape.
13Bleeding from her vagina, the victim entered the shower. You followed her, punching and kicking her in the shower, causing her to fall to the floor. You again repeatedly stabbed her body with the fork, causing pain all over her body. She grabbed the fork from you once more and threw it away and this also constitutes part of Charge 3.
14You returned to the kitchen and retrieved a butter knife. You tried to stab the victim with it. She grabbed it and threw it away. The victim briefly exited the shower, but you returned her to it. You continued to punch and kick her, at one point causing her to hit her head on the wall. Again, this constitutes part of Charge 3.
15Having grabbed a kitchen knife, you told the victim that you were going to kill her, and this conduct constitutes part of Charge 1, threat to kill.
16The victim stood up and asked you to stop coming at her. You lunged forward and stabbed her in the left hand. Again, this is part of Charge 3.
17
At around 11.30, Hussain El Chagroui, a guest staying in Room 1420, heard a female voice screaming, and heard her say, 'Babe that’s a knife, don’t fuck around with that'. Stepping out of his room, Mr El Chagroui identified the screaming as coming from Room 1403, and heard the victim yell 'Stop, stop' in a
high-pitched voice. He recorded the sound on his phone and sought help at reception.
18Mr El Chagroui returned to the 14th floor with Chamila Jayasuriya from reception and Raziq Nasim, a security guard. They knocked on the door to your room from which the sound of screaming could still be heard. There was no response to the knocking. Mr Nasim started banging on the door, at which time the screaming stopped and the music inside the room became louder. Eventually, you opened the door a couple of times, saying 'everything is fine and 'nothing is going on', closing the door afterwards. The victim was sighted briefly wearing only a towel.
19Mr Nasim demanded to speak to the victim and Mr Jayasuriya opened the door using a reception key. Mr El Chagroui asked you to bring the victim into the corridor so they could speak to her. Both yourself and the victim exited the room and both of you had visible injuries.
20The victim was wearing a sports jersey and was shaking. She had bruises on her face and neck, as well as what appeared to be a cut to her forehead and blood on her face.
21Mr Nasim said he was going to call police, and the victim ran down the corridor. You screamed out, 'babe what are you doing?' and she replied 'I can’t do this anymore. If we go back into that room, you’re going to fucking kill me'. You chased after the victim but were grabbed in a bear hug by Mr El Chagroui. While struggling to get free, you punched Mr El Chagroui in the nose, making a cracking sound and causing it to bleed.
22Mr El Chagroui held you in a chokehold, causing you to pass out briefly. Mr Jayasuriya took the victim downstairs to reception and called for police and an ambulance. You were prevented from returning to your hotel room and from going downstairs.
23In reception, the victim told Mr El Chagroui that you had stabbed her on the hand, showing him a 3-centimetre cut on her left hand with a line of blood on it. She told him it had started with a butter knife and turned into a sharp knife. She indicated that she had genital bleeding and said that you had ripped up her insides with your fingers.
24Police attended the hotel at 12.20 am on 22 September 2023. The victim told police that she had been digitally raped, raped with an instrument, and assaulted. You were arrested soon afterwards on level 14 and transported to Melbourne West police station.
Investigation – Initial Offences
25In a Record of Interview at 2.45 am on 22 September 2023, you stated that you and the victim had had consensual sexual intercourse in the hotel room earlier that night. You said you had too much Xanax and passed out, waking to the victim confronting you about cheating on her. You said she tried to stab you with a kitchen knife and a butter knife, and you denied raping and assaulting her.
26The victim was conveyed to Royal Melbourne Hospital by ambulance and admitted as an inpatient until 26 September 2023. Observations included a right scalp bruise, a penetrating 'puncture wound' to her left hand, and the suffering of tenderness in the genital area.
27A registered nurse undertook a forensic medical examination of the victim at 10 am on 22 September 2023. She was suffering vaginal pain and bleeding. She had multiple blunt and sharp force injuries to her body. Amongst other things, she reported being digitally penetrated and penetrated with a fork, as well as you having used your hands to apply pressure to her neck.
28The following injuries were formally observed:
(a) Incised wounds, puncture wounds and abrasions to the right jaw, anterior neck, left chest, abdomen, right forearm, left hand, left wrist, right foot, left thigh and back, all of which were consistent with the use of a knife;
(b) three puncture wounds and four punctured areas within each wound to the back, consistent with being stabbed with a fork;
(c) Small incised wound to the right temple, consistent with impact from a shower wall;
(d) Two incised wounds to the right buttock, 8 centimetres in diameter;
(e) Further bruises and abrasions to the right and left periorbital areas, anterior and posterior neck, right ear, right chest, left shoulder, left wrist, both knees, right shin and left thigh;
(f) Swelling to the left and right scalp consistent with hair being pulled;
(g) Peri-anal abrasion;
(h) There were also three abrasions to the vagina with blood observed - to the fossa navicularis, the post fourchette and the hymen; and
(i) Normal examination of the vaginal walls and cervix, but with insertion of a speculum being very painful.
29At 1.22 pm on 22 September 2023, police executed a search warrant on your hotel room and seized various items including:
(a) A clump of hair on the floor;
(b) A wet green T-shirt with apparent blood stains;
(c) Torn floral underwear with apparent blood stains;
(d) A kitchen knife 20 centimetres in length;
(e) A butter knife;
(f) A fork on the floor and what appeared to be blood on the bedside table, walls, mirror, doona cover, sheets, towels, sponge and carpet.
Circumstances of Later Offending
30In the period between your arrest in September 2023 and March 2024, you were in custody in various Victorian prisons. During this time, you repeatedly contacted and spoke to the victim by telephone in breach of the aforementioned family violence protection order. This conduct underpins additional charges against you.
31On 28 September 2023, by entering and remaining at the place where the victim was and committing the acts encapsulated in the Charges 1, 2 and 3, you breached the family violence protection order issued in Queensland in 2022.
32Between 28 September 2023 and 3 October 2023, while remanded at Port Philip Prison, you made eight phone calls to somebody named 'Melanie Lynch' and spoke to the victim. Similarly, while remanded at Ravenhall Correctional Centre between 4 October and 25 October 2023, you made a further 82 phone calls to 'Melanie Lynch' and spoke to the victim.
33Collectively, these acts comprise Charge 5, persistent contravention of a family violence safety notice.
Charge 6 – Perverting the course of justice
34From 1 October to 6 December 2023, you spoke to the victim by telephone multiple times daily. In 42 of these calls, you asked her to change her original statement to police, or to make a new one saying she had lied about the initial incident.
35In doing so, you suggested that she say the sex was consensual and that the injuries accidental; that she made her statement while drunk and angry with you, hoping you would get into trouble. You asked her to get her own lawyer, and that when cross-examined at committal, she needed to say you did not stab or rape her.
36As a result, on 23 November 2023, the victim told Detective Senior Constable Nguyen, the informant in this matter, that she wanted to withdraw her statement. She said she had lied about the initial incident, that in truth she had been having a mental breakdown and was trying to kill herself, which you tried to stop her from doing. Following the phone call, she sent an email to the informant advising that she wished to withdraw her statement.
37On 6 December 2023, the victim emailed the informant with what was purporting to be another statement in which she claimed, among other things, that her injuries were largely self-inflicted and that you were not guilty.
38You have pleaded guilty to perverting the course of justice on the basis that you instructed the victim to make a false statement in this matter and that she ultimately did so.
39Your further persistently contravened the family violence protection order granted in favour of the victim by:
(a) Making 227 phone calls to 'Melanie Lynch' and 'Melody Lynch' between 26 October and 22 November 2023, speaking to the victim under these names whilst remanded at Ravenhall Correctional Centre;
(b) Making 238 phone calls to 'Melanie Lynch' and 'Justine West' between 23 November and 20 December 2023, speaking to the victim under these names while you were remanded at Ravenhall Correctional Centre;
(c) Making 120 phone calls between 21 December 2023 and 11 January 2024 while incarcerated at the Metropolitan Remand Centre, and 37 phone calls between 11 January and 17 January 2024 while remanded at Port Philip Prison, to 'Melanie Lynch' and 'Amanda Collins', speaking to the victim under these names;
(d) Making 134 phone calls between 18 January and 14 February 2024 to 'Melanie Lynch', 'Amanda Collins', 'Lily Donald' and your grandfather Keith Cawood, speaking to the victim through these names and numbers while you were remanded at Port Philip Prison; and
(e) Making 29 phone calls to your grandfather Keith Cawood between 15 February and 13 March 2024, speaking to the victim in most of these calls.
Victim Impact Statement
40Ms Allan has not provided a victim impact statement.
Procedural History
41The matter was listed for committal on 6 June 2024, where the victim and informant initially planned to give evidence. However, on 5 June 2024, it was advised that these witnesses were not required, and the matter was committed by way of straight hand-up brief.
42The matter was listed for sentence indication before me on 11 September 2024, and on 18 September 2024 I gave a sentencing indication.
43You accepted this indication, and you were arraigned on 7 October 2024. Various listings of the plea hearing have been adjourned in part due to your mental health instability at various times, and in part due to your legal representatives seeking further reports and material for the plea. Ultimately some of the material, particularly older reports sought, have not been relied upon by your counsel. A plea hearing was eventually heard on 26 August 2025.
44I appreciate that these matters have therefore been hanging over your head for some time which has no doubt been stressful for you. The delay in the finalisation of these matters must also have been stressful for the victims, noting also that Mr El Chagroui has not prepared a victim impact statement. I accept that during the latter period of this delay, you have used your time in custody productively to work on your rehabilitation, about which I will say more shortly.
Prior Criminal History
45You have admitted a lengthy prior criminal history, both in Victoria and interstate.
46I note that these include a number of violent related offences, several of which involved domestic violence committed against the victim in this matter, including assault occasioning bodily harm. You have a number of outstanding warrants for domestic violence in the ACT, including one count of strangulation and one of contravening family violence order.
47You also have numerous unrelated criminal offences including theft offences, possess stolen property offences, property damage and possess controlled weapon without excuse.
Personal Circumstances
Childhood
48Based on the material provided by your counsel, it is clear that you have had an exceptionally sad and difficult upbringing.[4]
[4] Outline of Defence Submissions dated 10 September 2024 (‘Exhibit 1’).
49You are of Aboriginal heritage and were born in New South Wales.
50You were born to a mother with a long-standing substance abuse addiction and suffered methadone withdrawals as a newborn.
51Your childhood can be characterised as profoundly chaotic and lacking stability. As set out in the psychological reports authored by Dr Hannah Dawson, the first dated 2 September 2024, the longest you spent in one home in your childhood was 18 months.[5]
[5]Psychological Report authored by Hannah Dawson dated 2 September 2024 (‘Exhibit 2’), 2 [22].
52I note one particularly traumatic instance where you were left in a turning house as a toddler while your mother fled. Following this, you were placed in foster care.[6]
[6] Exhibit 1, 2 [10].
53Growing up, your father was largely absent and suffered mental health and drug issues. He passed away when you were 13. Your mother was also unable to care for you as a child, resulting in constant moves between your mother's dysfunctional home, your father's house and numerous foster care placements.
54You have experienced significant abuse throughout your life at the hands of multiple adults in positions of trust, including your father, foster carers and mother's partners. This led to you absconding from various placements and starting to get into trouble.[7]
[7] Details omitted to protect the privacy of the offender.
55You report your mother supplied you with drugs from the age of 12 and encouraged you to use them[8].
[8] Exhibit 1, 2 [15]
56As an adolescent, you were eventually placed with your grandfather, Keith, with whom you have a particularly strong relationship. However, due to your escalating misbehaviour, he was unable to manage your needs, and you were placed in a residential group home.
57Since entering into custody for these offences, your grandfather has experienced significant health issues including heart failure, and you have expressed fear that you will never see him again outside of prison. This is said to weigh very heavily upon you.[9]
Education & Employment
[9] Exhibit 2, 4 [32].
58You have a problematic educational history, much of which was due to external factors. Due to movement between placements, you went to multiple schools and later specialised educational institutions.
59You reported a long history of concentration and behavioural issues at school and became largely disengaged from education after Year 6 when you began using illicit substances.
60You were diagnosed with a mild intellectual disability in 2000 and have severe impairments in language skills, memory, processing speed, literacy, numeracy and executive functioning. These, coupled with your behavioural challenges, made it very difficult for you to engage in classroom learning.
61Your employment history is limited. In a psychological report authored by Dr Hannah Dawson, you report that you have held a number of short-term positions with the longest period being approximately three months. You have had difficulty maintaining employment due to homelessness, substance misuse, your mental health challenges, as well as your repeated periods in custody.
62Since coming into custody, you have participated in a number of courses for which your counsel has tendered certificates.
63Furthermore, I note that as of July 2025, you have successfully completed the Moroka Program, which focuses on a number of dialectical behavioural therapy concepts. Ms Jackie Ashmore has provided a helpful affidavit to the court with information as to your engagement with this program.[10]
[10] Affidavit of Jackie Ashmore dated 11 August 2025.
64Whilst your engagement was not without some incidents of problematic behaviour towards staff, a recent review by a mental health nurse following your completion on 7 August 2025, noted that you were 'settled and engaging with both unit and worksite staff' at Hopkins Community Centre.[11]
[11] Affidavit of Jackie Ashmore dated 11 August 2025, 9 [45].
65Your support team and Dr Dawson comment on the positive progress you have made in this program, upon which you should be congratulated. Whilst you will likely have to complete this program again due to your intellectual disability to consolidate your learning, you are reportedly agreeable to this.[12]
Mental Health History
[12] Exhibit 2, 4 [36].
66The psychological reports dated September 2024 and July 2025 authored by Dr Dawson provide a comprehensive overview of your extensive struggles with mental health and substance abuse.
67You were treated for ADHD from the age of 4 to the age of 17, ceasing taking your medication due to increasing self-medication with illegal substances. While you were previously unable to access your ADHD medicine in custody, you have been consistently taking it for four months, which has coincided with a significant reduction in your aggression and an improvement in your concentration.[13] You have told Dr Dawson that you have not had any serious altercations with peers in custody since taking this medication and undertaking the Moroka Program.[14]
[13] Ibid [32].
[14] Ibid [36].
68You were first diagnosed with depression and anxiety at the age of 15 and subsequently borderline personality disorder at 16. You also have been diagnosed with reactive attachment disorder which is 'exacerbated' by your lack of environmental safety. You have a serious history of self-harming behaviour and suicide attempts, including one attempt soon after your most recent entry into custody. You reported to Dr Dawson that shortly after this attempt, however, you 'woke up to yourself' and are trying to find better ways to manage your negative emotions, including by attending the gym and taking methadone.
69Dr Dawson notes in her first report that you presented with multiple conditions and a complex personality structure as a result of significantly unstable and harmful upbringing. Within all of these conditions, your propensity for dysregulated emptions and compromised thinking is increased and further augmented by your substance use. [174]
70Dr Dawson has diagnosed you with Complex PTSD (though most recently PTSD), reactive attachment disorder, major depressive disorder, and various substance use disorders. Further, she diagnoses that you meet the criteria for Cluster B personality disorders- borderline and antisocial with significant paranoid traits.
71You have been receiving NDIS support since the age of 17 and since coming into custody have been engaging in weekly counselling sessions. While you have received counselling at various points throughout your life, you have reported that until this most recent remand you 'didn't recognise that you needed help.'
72Dr Dawson believes that your functioning has been 'underestimated' by treating professionals in the past, given that you show capacity for insight and judgement. As of her most recent report, she believes that your victim empathy has been much improved, with you expressing to Dr Dawson insight as to how 'hurt, angry and upset' the victim would have felt as a result of your offending.
73I note that you have received a letter of support from Ms Stephanie Mirceski, who is your support coordinator from the Australian National Disability Services. She states there are limited avenues for you to receive NDIS support while you are in custody, but notes that she and your occupational therapist, Aalia, are working closely with you to 'cover the appropriate bases' to support you in your rehabilitation to reduce the chances that you will reoffend.[15]
Alcohol and Substance Abuse
[15] Stephanie Mirceski ‘Australian National Disability Services Letter of Support’ 10 June 2025 (‘Exhibit 3’)
74You reported to Dr Dawson that you began consuming alcohol and cannabis at the age of 10, escalating to using a variety of drugs including MDMA, cocaine, Xanax, acid, amongst other drugs, in your early teen years. You commenced using methamphetamine at the age of 14.
75You describe mixing a number of substances together and waking up having committed an offence, with no memory of committing those offences.
76You turned to substance abuse reportedly to block out thoughts of your past trauma, and rarely had periods of abstinence. After entering custody on this occasion, you have been prescribed methadone and you have told Dr Dawson that this period on remand has been the longest you have been off drugs since the age of 14. Prior to your incarceration on this occasion, you were using up to seven points a day of ice and four to five Xanax pills every few days. You were also using alcohol and cannabis daily, and MDMA several times per week.[16]
[16] Exhibit 2, 8 [75].
77You have spent several periods in rehabilitation facilities in the past, however the effectiveness of these seems to be limited given your continued substance use up until your incarceration.
Plea of Guilty
78I take into account your plea of guilty. It was not a plea entered at the earliest opportunity. You entered a plea following a sentence indication hearing however, it is still a relatively early plea and one of considerable value. Your plea means that you have spared the victim the ordeal of having to give evidence. You have also spared the community and the courts the time and expense of running a trial. Your plea indicates a willingness to facilitate the course of justice and it is also some evidence of remorse.
Youth
79You were 19 years old at the time of the offending and you are now 21.
80Your youth enlivens the principles enunciated in Mills v R.[17] Accordingly, your rehabilitation assumes primacy in the sentencing process. The community has a very strong interest in the rehabilitation of all offenders, but especially of young offenders.
[17] [1998] 4 VR 235.
81As Redlich JA recognised in Azzopardi v R[18] at [34]-[35] young offenders:
… may lack the degree of insight, judgment and self-control that is possessed by adults. They may not fully appreciate the nature, seriousness and consequences of their criminal conduct.
Courts recognise the potential for young offenders to be redeemed and rehabilitated, and this potential exists because young offenders are typically still in a stage of mental and emotional development and may be more open to influences designed to positively change their behaviour than adults who have established patterns of antisocial behaviour.
[18] (2011) 35 VR 43.
82As was discussed in Azzopardi, courts sentencing young offenders are also cognisant that the effect of incarceration in an adult prison on a young offender would more likely impair rather than improve the offender’s prospects of successful rehabilitation, given potential exposure to corrupting influences.
83The principles outlined in Azzopardi[19] are relevant and I must place significant weight on the importance of rehabilitation, whilst balancing this with the need for deterrence and denunciation.
[19] Azzopardi v R (2011) VSCA 372, [35].
Bugmy
84The High Court in Bugmy v The Queen (2013) 249 CLR 571 noted the relevance of circumstances of deprivation and abuse occurring during an offender's formative years. An offender's background of deprivation is relevant because his or her moral culpability for the particular offence is likely to be less than the culpability of an offender whose formative years have not been marred in that way.
85Your counsel submits that Bugmy is enlivened here through the 'profound deprivation' that you have experienced, including exposure to family violence and sexual abuse, familial substance abuse, learning disability and mental health challenges and chaotic living arrangements as a child, including adverse experiences in foster care. Your counsel points to Dr Dawson's findings that your difficult upbringing can be causally linked to 'certain behavioural patterns and maladaptive coping strategies' which gives context to the violent, controlling and manipulative behaviour constituting this offending.[20]
[20] Exhibit 1, 9 [66-67].
86The prosecution submits that while Bugmy principles apply in a general way, the facts of this matter can be distinguished from those in DPP v Hermann[21] in that the prosecution argues there is no causal link between your childhood deprivation and the facts of this offending.[22]
[21] [2021] VSCA 160
[22] Updated Outline of Prosecution Submissions for Plea (26 August 2025) (‘Exhibit D’) 8 [43].
87Whilst not fact specific, your impulse to react with violence when confronted with a stressful situation, can in part be attributed to the way in which you grew up, witnessing and experiencing violence.
88Here, I accept that the abuse that you suffered can explain your criminal behaviour and to which your drug use contributed. I accept that the principles as set out in Bugmy has application here. As the High Court said:
The effects of such social disadvantage do not generally diminish with the passage of time, and are likely to have profound and lasting consequences.
89However, as the prosecution submits, the disadvantage you have experienced also increases the importance of community protection in sentencing you.
Application of R v Verdins
90Your counsel relies on Limbs 5 and 6 of R v Verdins, arguing that your diagnoses of ADHD, intellectual disability, borderline personality disorder and Complex PTSD will make your time in custody more onerous due to the combination of the volatile prison environment and the propensity of those with your condition to have disproportionate responses, conflict with other prisoners and drug seeking behaviours to self-medicate.[23] In addition, your counsel submits that being in custody limits your access to positive social structures and education, and exposes you to negative peers. Additionally, Ms Jackson argues that your mental health has declined since going into custody, with you now experiencing severe symptoms of depression and anxiety.[24]
[23] Exhibit 1, 10 [70][b].
[24] Ibid [71].
91Dr Dawson noted in her first report that incarceration has proved to be dangerous for you and you have been a victim of a serious assault. Your young age is said to have played a role in terms of your vulnerability. I accept that imprisonment is likely to have had a negative effect on your development and future behavioural outcomes and I note that the availability of psychological treatment may be inconsistent in the custodial environment.
92The prosecution concedes that both of these limbs are applicable, but submit it should be given moderate weight given the improvements that you have made through receiving counselling and assistance in custody and ceasing your substance abuse through methadone.[25]
[25] Exhibit D, 8 [39].
93I accept that these two limbs have application and I moderate your sentence accordingly, though again I bear in mind that since being in custody, more recently with appropriate treatment, your mental state appears to have somewhat improved.
Onerous Custody Conditions
94I note that you have been in custody for almost two years. Your counsel on the sentence indication hearing submitted that you have been subject to particularly onerous conditions of isolation in the protective wing in custody and you have struggled with your mental health, as well as being subject to assaults and sexual assaults.[26] You have also had your phone privileges removed at various periods, which defence concedes is a result of your own conduct. Your situation in custody seems to have improved since that time with you being relocated to another prison at your request, as you believed you could better manage your behaviour there.
[26] Exhibit 1, 12 [76]
95The Prosecution has tendered a letter from Ms Jenny Hosking, the Assistant Commissioner in the Sentence Management Division for the Victorian State Government dated 8 August, which contains information as to your stay in custody.[27]
[27] Letter of Jenny Hoskin dated 11 August 2025.
96This letter confirms that you were transferred on request. Whilst in custody, you have been studying for the Certificate II in Mumgu-dhal tyama-tiyt community, connections and pathways program, which is designed to strengthen your connection to your First Nations culture while assisting you in obtaining skills for education and employment. In January you completed a unit on developing a personal budget in the Certificate III in Entrepreneurship and Business.
97The letter outlines a number of incidences of verbal and physical aggression towards staff and other inmates and incidences of failure to comply with directions from staff, between November 2024 and May 2025. Significantly however, I note that there have been no incidences between 10 May 2025 and the date of this letter being 8 August 2025, which coincides with your reported improvement in behaviour since participating in the Moroka program. This is positive progress and bodes well as to your capacity to manage your behaviour following the Moroka intervention.
Prospects of Rehabilitation
98Your engagement in the Moroka program and reportedly in an anger management program, relationship work and with alcohol and drug services is encouraging. In her first report, Dr Dawson opined that you were considered a moderate to high risk of reoffending. You were considered as falling into the low moderate category of sexual recidivism without intervention.[28]
[28] Exhibit 2, 22 [162].
99Your counsel notes that Dr Dawson notes in her most report that you now present as calmer and more focused, likely largely attributable to commencing ADHD medication and your victim empathy appears much improved.[29] You reportedly are learning to self-regulate.[30] You have demonstrated positive reflective ability as well as retention and recall of the skills you have learnt. It is considered that you have demonstrated positive progress with regard to emotion regulation and self-awareness.[31] You are considered to be at the action stage of change whereby you are actively changing your circumstances. Again, this is attributed to your ongoing engagement and compliance with pharmacological and psychological treatment available.[32] In her most report, Dr Dawson assessed you as having a medium risk of general reoffending without treatment. Your risk of sexual violence has been likely reduced to low.
[29] Exhibit 2, (2025 Report) 17 [91].
[30] Ibid, 4 [37], [75].
[31] Ibid, 17 [91].
[32] Ibid, 18 [92].
100Your insight was considered to be improved and you have acknowledged the impact of your behaviour on others and this has assisted you in repairing your relationship with your mother.
101The prosecution points to Dr Dawson's finding that you are at a 'moderate to high risk of reoffending generally', due to a combination of your mental health conditions, substance abuse which they argue leads to a 'propensity for impulsive, aggressive, reactive and irrational behaviour.'[33]
[33] Exhibit D, 8 [34].
102The prosecution disagrees with Dr Dawson's view that your risk of sexual reoffending is low to moderate, noting that her finding that you have not engaged in minimisation or denial of the offending is in conflict with your denials in your record of interview, limited insight as to the harm your offending caused the victim, and the pressure that you placed on the victim to retract her statement in the months following your remand.[34] Furthermore, Dr Dawson notes that the risk of future sexual offending would likely present as 'sexual aggression' in a relationship which would have serious harm on a victim.[35]
[34] Ibid [35].
[35] Exhibit 2, 22 [157].
103I regard your prospects of rehabilitation as guarded given your prior criminal history which includes violent offending against your partner, and your fluctuating mental health. Whilst you have reconnected with your mother and have her support, you do not appear to have many community supports. I do take into account both your mother and grandfather's character references.
104However, your age means that you have greater capacity for rehabilitation and your progress through the Moroka program is encouraging. I also accept the submission made by your counsel to some extent, namely that the court can take comfort in the fact that you have come a long way from being the chaotic, disorganised and fearful young man that you previously presented as. This is extremely encouraging but it will take a lot of work, something that you are reportedly open to. It is for this reason that the sentence I intend to impose will be slightly less than what I indicated originally, in order to reflect your capacity to embrace change. While the non-parole period I intend to impose is a little less, I of course must assume that you will be required to serve every day of the total effective sentence imposed.
Gravity of Offending
105The offending here was extremely serious. The crime of rape is an inherently serious offence. The high maximum penalty that applies to this offence reflects the community's abhorrence of this crime. Rape is a deeply personal crime. I regard your offending as serious. You violated a young woman in what could only be described as a display of anger and control and she was your partner, a woman for whom you were supposed to care, makes the offending particularly appalling. She was confined in a hotel room with you, while you were highly substance affected and seemingly out of control.
106In assessing the objective gravity, I have had regard to the various matters identified in Jurj v The Queen.[36] Your conduct involved multiple acts of penetration. Firstly you violently penetrated her, first with your hand, causing her enormous pain and then with an object, which again must have been extremely uncomfortable, if not painful for her, not to mention humiliating.
[36] Jurj v The Queen [2016] VSCA 57 [80] (Maxwell P, Redlich and Beach JJA) (‘Jurj’).
107In doing so, you made a conscious and deliberate choice to violate Ms Allan in two different ways. As the Court Appeal said in Mush v The Queen:[37]
The fact that they [the offences] occurred in the course of one continuous incident must not obscure the gravity of the applicant's offending, and of each individual offence that he committed.
[37] [2019] VSCA 307 [72] Maxwell P, Kaye JA.
108Here, however, I note that the conduct that constitutes the rape is a rolled-up charge, and you will be sentenced on that basis, bearing in mind the principles of totality.
109I accept that the offending was somewhat opportunistic. It occurred in the context of you consuming a large quantity of drugs, but being substance affected does not provide an excuse for your behaviour. There was no pre-planning, however you persisted with your assaults on Ms Allan, violating her in different ways.[38] She was screaming, distressed and bleeding, but after raping her twice, you persisted with your vicious assault on her, punching and kicking her and stabbing her with a fork and then separately with a kitchen knife
[38] Jurj [84].
110The course of the offending did involve multiple acts, yet I accept it was not committed over a particularly lengthy period of time. However, your actions would have been incredibly frightening for the victim.
111You also recklessly caused injury to Mr El Chagroui, a man who had come to the aid of Ms Allan. He is to be commended for his efforts to intervene and help a distressed stranger who was being attacked. Someone who might be described as a good Samaritan but, unfortunately for his efforts, what he received was an injury from you. There will be a separate punishment for your offending against this second victim.
112The offence of attempting to pervert the course of justice is also very serious and this is reflected in the applicable maximum penalty.
113In your case, you sought to influence the outcome of criminal proceedings against you. Proceedings which involved serious allegations of offending against your partner, a woman who by your plea you now admit raping and injuring. You subjected her to sustained harassment and pressure in seeking to have her retract her statement, by way of threats and manipulation. You threatened self-harm and suicide and preyed upon her vulnerabilities. This was within days of her discharge from hospital. A reading of the transcript of the Arunta calls reveals how abusive and manipulative you were. You managed to persuade your partner to withdraw her statement. Your offending was not fleeting but persistent, occurring over a number of weeks. I view this as a serious example of perverting the course of justice.
114Likewise, your persistent contravention of a family violence intervention order on multiple occasions is extremely concerning. You showed utter disregard for the court orders placed upon you and the extent of your breaches were significant.
Sentencing Act Provisions
115Charge 1 is a Category 1 offence. Imprisonment is mandatory and cannot be combined with a community correction order.
116Rape is also a standard sentence offence and the standard sentence on this charge is 10 years' imprisonment.
117As s5A of the Sentencing Act[39] makes clear, the period specified as the standard sentence is the sentence for an offence that, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness.
[39] (Vic) 1991.
118The court is obliged to take the standard sentence into account as one of the factors relevant to sentence. The standard sentence is a matter to which the court must have regard when imposing sentence.
119But, as the Court of Appeal clarified in Brown v The Queen[40], s5B(3) expresses the legislature's clear intention that the obligation to take the standard sentence into account should not otherwise affect the sentencing discretion.[41] It is to be treated as a 'legislative guidepost', having the same function as the maximum penalty. It does not permit 'two stage sentencing' and it does not otherwise affect the matters which the court may, or must, take into account on sentencing.
[40] (2019) 59 VR 462.
[41] Sentencing Act (Vic) 1991.
120When fixing a non-parole period in respect of a standard sentence offence, the court must not fix a non-parole period that is less than 60 per cent of the head sentence unless satisfied that it is in the interests of justice not to do so.
121Finally, I note that a court must not have regard to sentences imposed in other cases unless they involve standard sentence offences.
122I have had regard to the standard sentence for the offence of rape as one of the matters to be taken into account in arriving at the appropriate sentence by the process of instinctive synthesis. Having identified and considered the relevant factors including the maximum penalty and the standard sentence for rape, in this case I have formed the view that the sentence I will impose on this charge of rape is lower than the standard sentence. This is in part due to the need for considerations of totality.
123I have had regard to current sentences practices for this offence under the standard sentencing scheme, though this is not a controlling factor. Parties have provided me with cases said to be comparable to come extent here, though it is trite to say that no two cases are the same. I have also had regard to current sentencing practices for the offence of perverting the course of justice.
Serious sexual offender provisions
124Upon conviction on Charge 1, make threat to kill, and Charge 2, rape, you then fall to be sentenced as a serious sexual offender pursuant to s6B of the Sentencing Act.[42]
[42] (Vic) 1991.
125The effect of sentencing you as a serious sexual offender is the court must regard protection of the community as the principal purpose for which the sentence is imposed. In order to achieve that purpose, the court may impose a disproportionate sentence. The prosecution does not seek a disproportionate sentence here, and I do not propose to impose a disproportionate sentence. The court must, unless otherwise directed, order that the sentences be served cumulatively and I must enter into the record that you were sentenced as a serious sexual offender. I note however that the remaining Charges 3 through to 11 are not considered to be relevant sexual offences or violent offences for these purposes.
Rolled up
126As I have already noted, Charges 1 and 2 are each rolled-up charges and again when sentencing on a rolled-up charge, the court must consider all of the circumstances of the offence and the totality of harm described in the charge. While I may consider all of the relevant circumstances of a rolled-up charge, the plea is to be treated as entered to a single formal charge. As I have said, this applies with respect to Charges 1 and 2.
Totality
127You have pleaded guilty to multiple charges. The offences involve distinct and serious conduct, and each offence warrants individual punishment. There is a need for the sentence to reflect the individual charges and the conduct they comprise. However, I note that the offending on Charges 1, 2 and 3 occurred as part of a single episode and there should be a degree a concurrency appropriate to satisfy the principle of totality. I must ensure that the totality of the sentences imposed for these closely connected yet separate crimes, is met with a total and proportionate sentence. Similarly, the offending that occurred after the attack on Ms Allan, whilst requiring additional punishment, also necessitates a degree of concurrency given the need for totality. Therefore, I have moderated to a degree the length of the individual sentences and the periods of cumulation. This is necessary to avoid a crushing sentence.
128It was originally my intention to impose an aggregate sentence with respect to the six separate charges of persistent breach of family violence intervention order. I have raised this with counsel, and both have urged me not to impose an aggregate sentence in relation to this charge, applying a broad interpretation of s9. Accordingly, I will sentence you in relation to each of those offences individually but bearing in mind the principles of totality.
Relevant sentencing factors
129The basic purposes for which a court may impose sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. Pursuant to the Sentencing Act (Vic) 1991, I am required to take into account various factors when formulating an appropriate sentence in your case. These include the seriousness of the offence, the applicable maximum penalty, your culpability which I consider to be high, the effect of your offending on your victims and your personal circumstances.
130The sentence that I pass must balance the interests of the community in denouncing criminal conduct with the community's interests in seeking to ensure that, as far as possible, you are rehabilitated. I am to have regard to protection of the community and I have had regard to the principles of parsimony.
131Essentially, Mr Cawood, your behaviour was reprehensible, and the court denounces your conduct.
General and specific deterrence
132General deterrence is an important sentencing consideration. Other members of the community must understand that sexual offences against women without their consent, a violation of their rights, will not be tolerated.
133As the Court of Appeal stated in the case of DPP v Macarthur[43],a case involving charges of rape and attempted rape:
[T]he sentences to be imposed in a case such as this must make it clear that any person, who is minded to exploit the vulnerability of members of the public, particularly women, in such circumstances, by sexually interfering with them, will suffer a deprivation of their right to be at liberty within society for a substantial period of time. As an associated consideration, it is important that the court make it plain that offending of the kind that was engaged in in this case is entirely unacceptable and reprehensible. In that way, in a case such as this, the court, by the sentences imposed by it, has a duty to express its denunciation of such offending in clear terms.[44]
[43] [2019] VSCA 71.
[44] Ibid [69].
134The sentence I impose needs to deter you from committing such offending in the future. I must also give primary consideration to the principles of just punishment and denunciation. Furthermore, general deterrence is an important sentencing consideration when it comes to the charge of perverting the course of justice. The community must understand that this sort of offending will not be tolerated.
Sentence
135On Charge 1, make threat to kill, you are convicted and sentenced to six months' imprisonment.
136On Charge, the charge of rape, you are convicted and sentenced to seven and a half years' imprisonment.
137On Charge 3, the charge of intentionally cause injury, you are convicted and sentenced to one year imprisonment.
138On Charge 4, recklessly causing injury, you are convicted and sentenced to three months' imprisonment.
139On each of the charges of persistent contravention of family violence intervention order, that, being Charges 5, 7, 8, 9, 10 and 11, on each charge you are convicted and sentenced to four months' imprisonment.
140On Charge 6, the charge of perverting the course of justice, you are convicted and sentenced to two and half years' imprisonment.
Order for cumulation
141I note that the sentence imposed on Charge 2 will be the base sentence.
142I order that two months of the sentence imposed on Charge 1, the charge of threat to kill, is to be served cumulatively with the sentence imposed on Charge 2.
143I order that two months of the sentence imposed on Charge 3, intentionally cause injury, is to be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
144I order that one month of the sentence imposed on Charge 4, recklessly cause injury, be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
145I order that one month of the sentence imposed on Charge 5 be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
146I order that 12 months of the sentence imposed on Charge 6, that is the charge of pervert the course of justice, be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
147I order that one month of the sentence imposed on Charge 7 be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
148I order that one month of the sentence imposed on Charge 8 be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
149I order that two months of the sentence imposed on Charge 9 be served concurrently with the sentence imposed on Charge 2 and on other sentences imposed this day.
150I order that one month of the sentence imposed on Charge 10 be served cumulatively with the sentence imposed on Charge 2 and on other sentences imposed this day.
151I order that the sentence imposed on Charge 11 be served concurrently with the sentence imposed on Charge 2 and on other sentences imposed this day.
152.This makes a total effective sentence of nine years and three months' imprisonment
153I fix the period before which you are eligible for parole at six years.
PSD
154Pursuant to s18 of the Sentencing Act, I declare 717 days pre-sentence detention as time already served be deducted from the sentence that I have imposed.
155I make orders for forfeiture and disposal in the terms that are sought.
Section 6AAA
156Pursuant to s6AAA of the Sentencing Act, I indicate that but for your plea of guilty, I would have sentenced you to 11 and a half years' imprisonment with a
non-parole period of seven and a half years' imprisonment.157Counsel, can I just ask you to confirm whether I have overlooked anything or whether anything requires correction.
158MR MARSHALL: Yes, Your Honour. On the last occasion, counsel indicated that the forfeiture order would be withdrawn and then in its place there would be an application under 53X of the Crimes Act, Your Honour.
159HER HONOUR: All right. That is right, yes. All right, well I will make that order pursuant to s53X.
160MR MARSHALL: As the court pleases.
161HER HONOUR: Ms Jackson?
162MS JACKSON: Nothing further.
163HER HONOUR: Yes, all right. Thank you. That now concludes this matter. I will leave the Bench and Ms Jackson you will be permitted to speak with Mr Cawood over the link if you wish.
164MS JACKSON: As Your Honour pleases.
165HER HONOUR: Yes. Thank you for your assistance, counsel. Adjourn the court please.
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