Director of Public Prosecutions v Clausen (a pseudonym)

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

COOPER CLAUSEN (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	La Trobe Valley and Melbourne
DATE OF HEARING:	31 October 2024 and 8 April 2025
DATE OF SENTENCE:	23 May 2025
CASE MAY BE CITED AS:	DPP v Clausen (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 635

REASONS FOR SENTENCE

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Subject:Criminal Law – Sentence
Catchwords:              Sexual penetration of a child under 16 – Two victims aged 14 – Offending against second victim committed whilst on bail – Standard sentence – Rolled up charges – Youth – Offender aged 18 and 19 during the offending period – No prior criminal history – Early guilty pleas – Importance of rehabilitation.
Legislation Cited:      Crimes Act 1958; Sentencing Act 1991; Sex Offenders Registration Act 2004.
Cases Cited:Clarkson v The Queen (2011) 32 VR 361; R v Jones [2004] VSCA 68; R v Mills (1998) 4 VR 235.
Sentence:                  Total effective sentence of 3 years and 2 months’ detention in a Youth Justice Centre.

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APPEARANCES:

Counsel

Solicitors

For the DPP

Mr D. Brown (Plea on 31/10/2024)

Mr Z. Petric (Plea on 08/04/2025 and
Sentence)

Office of Public Prosecutions

For the Accused

Mr C. Terry (Plea)
Ms K. Mavor (Sentence)

Prior Law

HIS HONOUR:

Introduction

Cooper Clausen,[1] you have pleaded guilty to a total of five charges of sexual penetration of a child under 16 across two indictments.[2]
[1] A pseudonym.
[2]Contrary to s 49B(1) of the Crimes Act 1958.
This offence carries a maximum penalty of 15 years’ imprisonment and a standard sentence of 6 years.
On Indictment No. P12574333, you have pleaded guilty to one rolled up charge of sexual penetration of a child under 16. This offending occurred on 27 November 2023.

On Indictment No. Q11996232, you have pleaded guilty to four charges of sexual penetration of a child under 16. Charges 1, 3 and 4 are rolled up charges. This offending occurred over a period of approximately three months, between 5 May 2024 and 3 August 2024.
Circumstances of the offending
The offending subject of Indictment Number P12574333 is set out in the Amended Summary of Prosecution Opening for Plea dated 5 September 2024.[3]
[3] Exhibit A.
The offending subject of Indictment Number Q11996232 is set out in the Summary of Prosecution Opening dated 26 March 2025.[4]
[4] Exhibit D.

Indictment No. P12574333

At the time of this offending, you were 18 years old and your victim, Gabby,[5] was 14.
[5] A pseudonym.
You and Gabby attended the same high school and became acquainted through your mutual interest in Human Powered Vehicles. At the time of the offending Gabby was in Year 9 and you had recently graduated from Year 12.
On 27 November 2023, you and Gabby were on a school camp for Human Powered Vehicles.
Gabby woke up at approximately 6.00 am and walked to the camp kitchen to charge her mobile phone. Whilst there, she sent a good morning Snapchat to her contact list which included you.
After receiving the Snapchat message, you opened your swag and motioned with your hand for Gabby to come over to your swag. She declined and headed to the toilet block. You walked to the toilet block with her.
She entered the female toilet, and you used the male facilities. After using the facilities, you walked to the female side of the amenities and waited by the disabled cubicle for Gabby. As she exited the female facilities, you opened the door to the disabled cubicle and asked if she was “Coming with?”.
Gabby initially declined. You asked again and she entered the disabled cubicle stating she did not want to “do anything”. Once inside the disabled cubicle you locked the door. You kissed her on the mouth for approximately two minutes. She tried to pull away several times.
After a few minutes, you moved her onto her knees, and placed your penis in her mouth, so she could perform oral sex on you. This occurred for approximately 3 to 4 minutes. It caused Gabby significant pain as she had braces fitted the Wednesday prior (Charge 1 – Sexual Penetration of a Child Under 16).
After a short time, you moved Gabby to the ground, removed her pants and pushed her underwear to the side, placing your fingers inside her vagina for two to three minutes. Gabby told you to “Stop” and that “It hurts”. You responded, “It’s supposed to hurt” (Charge 1 – Sexual Penetration of a Child Under 16 continued).
After digitally penetrating her, you placed your penis in her vagina. As you were penetrating her vagina, she again stated it was hurting to which you replied, “it is supposed to”. Whilst penetrating her you also placed your hand on her neck. You penetrated her for approximately five minutes until you ejaculated, at which time you withdrew your penis and the ejaculate landed on Gabby’s stomach and jumper (Charge 1 – Sexual Penetration of a Child Under 16 continued).
You cleaned yourself up and exited the disabled cubicle. Gabby cleaned herself up as best she could and left the cubicle approximately five minutes later. She walked back to the campsite along the boundary of the grounds so as not to encounter anyone due to having ejaculate on her jumper.
On the bus ride home and later that night, Gabby disclosed the incident to a number of friends via Snapchat messages. A complaint was made to the police on 29 November 2023.
At approximately 9.00 am on 5 December 2023, you were arrested at your home and transported to Morwell Police Station.
You participated in a record of interview. You initially stated that you had no memory of the incident. You recalled walking to the toilet block, but did not know who with. You recalled using the bathroom and then heading directly back to the camp on your own.
Subsequently, you identified yourself and Gabby from CCTV still images obtained from the toilet block. After further discussion, you stated you did recall the incident but claimed the sexual activity was consensual. You stated Gabby sat on your lap on the toilet and that you were kissing. You then moved her to the floor where she performed oral sex on you. You stated that you ensured Gabby was comfortable.
You also recalled she was bleeding from her vagina. You noted you then ejaculated on her stomach and jumper, cleaned yourself up and left the toilet block. You acknowledged you were aware of Gabby’s age prior to the sexual activity.
You were charged and bailed.

Indictment No. Q11996232

The offending subject to this indictment occurred whilst you were on bail for the earlier offending. During the period of this offending you were aged between 18 and 19 years and the victim in this matter, Sandy,[6] was 14.
[6] A pseudonym.
Between April and August 2024, you and your uncle travelled to remote bushland in East Gippsland most weekends to hunt deer and camp. During this time, Sandy and her father attended the same hunting trips. Your uncle and Sandy’s father were best friends and had hunted in the same group for 14 years.
On four of these weekend hunting trips between May and August 2024, you sexually offended against Sandy multiple times.
Between 4 and 5 May 2024, Sandy and her father went camping and hunting for the weekend. You and your uncle were camping and hunting at the same location as part of the same group of hunters.
On 5 May 2024, Sandy, her father, you and your uncle left camp during the day and drove around looking for deer. During the drive Sandy’s father and your uncle stopped and went for a walk leaving Sandy and you seated in the back seat of the vehicle.
You grabbed Sandy on the arm and touched her on the thigh. You then tried to kiss her on the face and attempted to put your hand down her pants, touching her stomach. You said to her "don't say anything to anyone". A short time later Sandy’s father and your uncle returned to the vehicle and the four of you returned to camp.
Later that day you suggested that Sandy walk into the bush with you to find and retrieve the hunting dogs. She initially declined but was encouraged by her father to go. The two of you walked into the bushland looking for the dogs. You grabbed her on the arm and pulled her closer to you. You kissed her before moving her to the ground and pushing her pants down to her ankles. You pulled your pants down and placed your penis inside her vagina (Charge 1 – Sexual Penetration of a Child Under 16). You were underneath her. You continued penetrating her vagina with your penis for some 3 to 4 minutes until you ejaculated. After ejaculating you got up and walked away. Sandy got off the ground about a minute later and walked further into the bush.
You once again stopped Sandy and started kissing her on the mouth. You touched her breast and vagina over her clothing with your hand. Once again, you pulled down her pants and placed your penis inside her vagina (Charge 1 – Sexual Penetration of a Child Under 16 continued). This time you were positioned on top of her. Sandy was unaware if you ejaculated inside her vagina or not. You then got up and walked further towards the river. Sandy joined you closer to the river still trying to locate the hunting dogs.
Both of you continued walking searching for the dogs. Near the bottom of the hill you stopped Sandy and touched her breast on the outside of her clothes. You moved her to the ground, and whilst on top of her, placed your penis inside her vagina yet again (Charge 1 – Sexual Penetration of a Child Under 16 continued). She was unaware if you ejaculated inside her vagina.
A little later, you and Sandy located the dogs and walked out of the bush together. As you were walking out of the bush you again stopped Sandy and tried to kiss her on the face.
Sandy’s father and your uncle were concerned that the walk to retrieve the dogs was taking far too long and walked into the bushland to search for you. Approximately 200 metres from camp they located the two of you walking out of the bush together.
Between 8 and 10 June 2024, Sandy and her father went camping and hunting. You and your uncle were also there.
Around 10.30 pm on 9 June 2024, Sandy got out of her swag and went to use the toilet. As she was returning back to her swag, you appeared and took her back to the drop toilet structure and told her to be quiet.
You began kissing her on the mouth. You then took off her pants and laid her on her back on the ledge next to the toilet and separated her legs. You penetrated her vagina with your penis (Charge 2 – Sexual Penetration of a Child Under 16). You reminded her not to tell anybody and kissed her on the mouth. Sandy returned to her swag.
On 29 and 30 June 2024, Sandy and her father again went hunting and camping. You were also present at the same location.
On 29 June 2024, during the day, you joined Sandy in the bush. You shared your water bottle with her before walking together further into the bush.
Once you were both a fair distance from the camp, you pushed Sandy forward onto the ground. You took off her pants and penetrated her vagina from behind with your penis (Charge 3 – Sexual Penetration of a Child Under 16).
You and Sandy continued walking further along the track. Once again you pushed her to the ground. While she was on the ground you stood in front of her. You pulled your pants down and placed your erect penis into her mouth and pushed her head onto your penis (Charge 3 – Sexual Penetration of a Child Under 16 continued). You ejaculated in her mouth. She spat out the ejaculate onto the ground.
The two of you then continued walking to find the dogs. At one point, you lay down and placed Sandy on top of you. You placed your penis in her vagina. You then put your penis in her mouth once again (Charge 3 – Sexual Penetration of a Child Under 16 continued).
Sandy walked out of the bush and waited near her father’s car. You told her not to tell anybody.
Between 3 and 4 August 2024, Sandy and her father were camping and you and your uncle were also present.
At approximately 8:30 pm on 3 August 2024, Sandy went for a drive with you to get some wood. You were driving your uncle's Ute. Once you were both in the vehicle you said, "I finally get alone time with you".
You placed your hand on her thigh and moved it towards her vagina over her clothing.
Once the vehicle was stationary, Sandy got out of the car and started collecting wood and taking it back towards the Ute tray. You pulled her pants down and placed your penis inside her vagina from behind (Charge 4 – Sexual Penetration of a Child Under 16). You stood behind Sandy who was on her hands and knees. Once you had finished she continued to collect wood. The two of you then returned to camp and sat around the fire.
At approximately 10:00 pm Sandy went to the toilet. You followed her, placing her onto the ledge of the drop toilet and penetrated her vagina with your penis (Charge 4 – Sexual Penetration of a Child Under 16 continued). After you had finished you and Sandy returned to the camp.
Sandy walked over to her swag to go to sleep. You got in the swag with her and lay next to her. You pulled her pants down and penetrated her vagina with your penis (Charge 4 – Sexual Penetration of a Child Under 16 continued). Having finished, you left and returned to your own swag.
Sandy was not aware of you wearing a condom on any of the occasions.
Sandy made disclosures to two friends between 5 and 8 August 2024. She told them that she had engaged in sexual intercourse with you. Eventually, the school were made aware who informed Sandy’s mother. The matter was formally reported to the police on 9 August 2024.
On 5 September 2024, Sandy’s father conducted a pretext call with you. During this call you made admissions to sexually penetrating Sandy’s vagina with your penis at various camping and hunting locations. You said that you thought she was 15 years of age.
You were arrested on 18 September 2024 and exercised your right of silence in the police interview.[7]
[7]Other than acknowledging that the person on the phone was Sandy’s father.
You were charged and once again released on bail.
Impact of the offending
In determining the appropriate sentence, I have had regard to the victim impact statements authored by Gabby and her mother, and by Sandy. Gabby and Sandy’s statements were read out in court.
Gabby stated:[8]
The crime has caused me a lot of emotional distress. Since the incident, I have been consumed by overwhelming and never ending depression, anxiety, and an extensive sense of vulnerability…
For me it’s the nights that are the hardest. I suffer from frequent, vivid nightmares that replay the trauma, leaving me emotionally exhausted and fearful of going to sleep. My once peaceful rest has been replaced with sleepless nights filled with dread and panic, but sometimes these images can be replayed at any time of the day, not even at night.
One thing I’ve realised is that now I have begun to struggle deeply with trust. I find it difficult to be around people, even those I was once close to and best friends even. It has created struggles in my family too, as I often withdraw or feel disconnected. It’s hard for me to trust others or feel comfortable in social settings, leaving me feeling isolated and emotionally detached.
[8]Exhibit C.
Gabby goes on to say that her once joyful, outgoing and positive personality has changed in a manner that has been heartbreaking to witness by her loved ones. She is now struggling with depression, anxiety, and anger outbursts. She is scared for what her future may hold and whether she will be able to trust people again.
I have also had regard to Gabby’s mother’s victim impact statement tendered by the prosecution.[9] Her whole life has been affected by your crime. She feels hurt, struggles with trust and carries the burden of a paralysing fear. She goes to bed each night and wakes up in the morning feeling sick and angry. She has suffered with panic attacks both in public and when alone at home. She is scared for her daughter’s future.
[9]Exhibit B.
Like Gabby, the impact upon Sandy is regrettably of a similar vein. Sandy states:[10]
Since the assault, I have struggled with intense feelings of fear and vulnerability. I no longer feel safe in places where I once felt most comfortable. The trauma has caused me to experience anxiety and sleeping difficulties, making it difficult to engage in social situations or even go to school.
Emotionally, I have faced overwhelming sadness and anger. I often replay the events in my mind, feeling trapped in a cycle of fear and shame. This has affected some of my relationships with family and friends, as I have withdrawn from social interactions and have trouble trusting others. I sometimes feel isolated, as if no one truly understands what I am going through.
[10]Exhibit E.
Unfortunately, the harm and suffering caused to your victims, for which only you are responsible, is not uncommon. I hope that my reference to parts of their statements ignites in you a genuine sense of shame and insight into your egregious offending and the trauma your victims are enduring.
Personal circumstances
Your counsel, Mr Terry, relied upon your background as set out in Jane Bidjossian’s psychological report dated 19 September 2024.[11] At the time of preparing the report, Ms Bidjossian was not aware of the offending subject to Indictment No. Q11996232.
[11] Exhibit 2.
You are now 19 years old. You were raised in Morwell, Victoria. You enjoy a close relationship with your mother and your older sister, who is your only sibling. Your relationship with your father was a strained one but appears to be improving.
Your parents divorced when you were approximately four years old. Following the separation, you noted a decline in your father's efforts to spend time with you or maintain contact. Initially, you spent every second weekend with your father; however, this diminished to seeing him at soccer practice where he was the coach. Your father commenced a relationship with the woman he had an affair with whilst married to your mother, and they subsequently resided together. During visits to your father's home, you described the environment as uncomfortable.
Your overnight stays at your father's house were unpleasant and marked by a sense of emotional distance. You felt hurt because of your father's limited engagement and care of you, and due to the manner in which your parents' relationship deteriorated. You experienced frequent criticism from your stepmother regarding minor issues, such as chores and general housekeeping, which resulted in conflict. You felt unsupported by your father during these disputes, leading to considerable emotional distress.
At around the age of 10, as a result of feeling unwelcome, you stopped staying overnight at your father's house.
You did well academically throughout both primary and high school and completed Year 12. You achieved the title of Dux of your school.
Initially, you considered pursuing a career as a plumber following your completion of high school. However, you ultimately relocated to Orbost after Year 12 to work with your uncle in fencing and various contracting positions.
You currently live with your mother in Morwell. Your relationship with your father has improved. You have been engaged in paid work with your father collecting moss from forests and selling it to wholesale florists. You have been working four days, being approximately 25 hours per week.
You were in a five month relationship that commenced when you turned 18.
While you reported that the relationship was positive overall, your offending against Gabby occurred while you were in this relationship.
You started experiencing anger issues at the age of 10. You attributed your anger to a buildup of emotions, particularly feelings of hurt, sadness, and rejection related to your father’s perceived abandonment of you. You also mentioned that this period was marked by persistent low mood and anxiety.

You reported that during Year 10, you experienced passive thoughts of suicide, attributing these feelings to the prevalence of the topic in your peer group.
At the age of 17, you commenced engagement with a school counsellor for bi-weekly sessions over the course of approximately five months. This related to anger issues stemming from your earlier life experiences with your father, asserting, “I had a lot of hate for my dad”. You stated that you found the experience helpful, although you initially struggled to engage in the process.
When you were around 17 years old, you were involved in a car accident when a speeding drunk driver struck the driver’s side of your vehicle, causing it to veer partially off the road. Your mother was in the car with you and was extremely frightened, expressing a strong reluctance to drive thereafter. Following the car accident, you reported experiencing thoughts of suicide, attributing these feelings to increased nervousness and heightened anxiety, especially when driving.
You commenced consuming alcohol on a social basis at the age of 17. Your alcohol consumption increased following the offending subject of the first indictment in time. You drank around five cans of alcohol each day. However, you have now ceased drinking.
You experienced a gambling problem in early 2024, spending a significant sum of money on tipping and multi-bets. Following conversations with your uncle and grandfather, you have been able to cease gambling.
You have no prior criminal history.

Gravity of the offending and sentencing purposes

You have pleaded guilty to five offences that attract a maximum term of 15 years’ imprisonment and a standard sentence of 6 years. Those two legislated numbers should make plain the seriousness of your offending.
You offended against two young victims who were only 14 years old. While the age discrepancy may not be great, you were nevertheless an adult, being between four and five years older.
In respect of the offending against Gabby, it is a rolled up charge representing three incidents of penetration during the course of a single incident. You penetrated her vagina and mouth with your penis, as well as digitally penetrating her vagina. These acts of penetration, as conceded by your counsel, occurred in circumstances where it is clear that she was not consenting. That fact makes your offending more serious.
In respect of the offending against Sandy, the offending conduct was more protracted occurring over four separate hunting trips between 5 May 2024 and 3 August 2024. Charges 1, 3 and 4 are rolled up charges. Charges 1 and 4 involved three occasions of penile vaginal intercourse. The first act of penile penetration subject of Charge 1, involved you ejaculating inside her vagina, giving rise to the risk of pregnancy and sexually transmitted disease.
Charge 3 involved two occasions of penile vaginal intercourse and two occasions of oral penetration. The first occasion of oral penetration involved you ejaculating in her mouth.
The offending in respect of the second indictment occurred after you had been charged and bailed in relation to the earlier offending. The fact that you were on bail when you re-offended in a similar manner is an aggravating feature. I note, as submitted by the prosecution, you indicated a plea of guilty in respect of Indictment No. P125764333 on 14 June 2024 in the Magistrates’ Court. On that day you were committed to attend the County Court on 23 September 2024 in relation to those matters. Despite pleading guilty to your offending against Gabby, and having an impending court date, you continued to offend against Sandy by committing the offending subject of Charges 3 and 4 on 29 June and 3 August 2024 respectively.
As conceded by your counsel during the course of the plea hearing, the offending against Sandy does not fall into that exceptional category where the circumstances of the offending involves two young individuals in a genuinely affectionate relationship. While with regard to Sandy, the aggravating factor of a lack of consent is absent, the presence of consent is not in itself a mitigating factor. I have borne in mind the circumstances in which the offending occurred and I accept that it did not involve a significant age difference or a power imbalance. However, your offending occurred when you met your victim on camping trips rather than in the context of an established and loving relationship. Some of your offending occurred after you had pushed your victim onto the ground and in circumstances where you told her not to tell anyone. As the Court of Appeal stated in Clarkson:[12]
The absolute prohibition on sexual activity with a child is founded on a presumption of harm. The prohibition is intended to protect children from the harm presumed to be caused by premature sexual activity, that is, activity before the age when a child can give meaningful consent. It is for this reason that a child’s consent is more accurately referred to as “apparent” or “ostensible” consent.
[12]Clarkson v The Queen (2011) 32 VR 361, pg. 364 at [3].
It is clear that the seriousness of your offending against Gabby, and your resulting legal predicament, had absolutely no deterrent effect upon you. When you subsequently committed the offending against Sandy, you told her on many occasions not to tell anyone. It is plain that you knew what you were doing was wrong. Your moral culpability, whilst tempered by your youth, is nevertheless high.
In respect of the rolled up charges, you are to be sentenced for the totality of the offending represented by those charges.[13] I bear in mind that all the offending encompassed in each of the rolled up charges occurred on the same day,[14] rather than over an extended period.
[13]R v Jones [2004] VSCA 68 at [13].
[14]Often in quick succession.
As set out in these reasons, the impact of your offending against two young teenagers has been immense.
As you are a young offender, I am required to give less weight to general deterrence. Nevertheless, it remains an important sentencing objective. Young men must be deterred from committing serious sexual offending against children. The fact that you were not deterred by on-going proceedings before this Court relating to the first indictment, requires this Court to deter you from further offending. The totality of your offending must be appropriately denounced and the community must be protected. You must be appropriately punished. I bear in mind that your youth, in circumstances where you have no prior criminal history, also brings into clear focus the importance of your rehabilitation.
Psychological assessment
I have had regard to Jane Bidjossian’s psychological report. I note that it only relates to the offending subject of the first indictment, and the more recent offending has not been addressed. Accordingly, the report has limitations, particularly in relation to the risk assessment.
I am not able to accept that you pose a low risk of sexual recidivism in circumstances where Ms Bidjossian was totally ignorant of the more recent, and more protracted offending. However, I am prepared to accept that your youth and lack of prior history would suggest that you have reasonable prospects of rehabilitation. I note that your mother and sister remain supportive of you.
In terms of your mental health, Ms Bidjossian has diagnosed you with a Major Depressive Disorder and Generalised Anxiety Disorder. She opines that these mental health issues stem from past stressors, including your adverse childhood experiences involving feelings of abandonment and anger, and the further trauma of being involved in a car accident.[15] Ms Bidjossian does not draw any link between your mental health challenges and the offending. In fact she states:[16]
While these mental health challenges have contributed to [your] low mood, it is important to note that they did not cause [you] to offend.
[15]Exhibit 2, [100] – [104].
[16] Ibid, [109].
Ms Bidjossian opines that you demonstrated some cognitive distortions and minimisation of your offending subject to the first indictment.
Ms Bidjossian recommends psychological treatment in respect of your mental health and offending behaviour. Specifically, recommending that you participate in an appropriate sexual offender program to address your offending and cognitive distortions.
Prosecution submissions
On behalf of the prosecution, Mr Petric relied upon written submissions dated 7 April 2025. He submitted that the offending called for an immediate custodial sentence in order to do justice to the sentencing purposes of general and specific deterrence, denunciation and community protection. He conceded that in light of your youth, rehabilitation was a relevant consideration. He further submitted, particularly in light of your further offending on bail, your moral culpability was high. He set out the matters that elevated the objective gravity of the offending as set out in these reasons.
Defence submissions
Turning to your counsel’s submissions, I have had regard to Mr Terry’s written submissions, dated 30 October 2024 and 6 April 2025,[17] as well as his oral submissions.
[17]Exhibit 1 and Exhibit 6 respectively.
In his written submissions dated 6 April 2025, Mr Terry referred to a number of sentencing decisions emanating from the Court of Appeal and this Court. As I noted at the plea hearing, some of the cases referred to are not standard sentencing decisions, and accordingly, I am not able to take them into account as providing a relevant sentencing yardstick.[18] In light of your further offending on bail, Mr Terry did not rely upon the sentencing cases in his earlier submissions, conceding that a Community Correction Order was no longer an appropriate disposition.
[18]I have therefore, not considered the following as sentencing comparators: DPP v Stewart (a pseudonym) [2016] VCC 1884; DPP v Bell [2017] VCC 1588; DPP v Stockton [2017] VCC 1726; DPP v Wright [2017] VCC 607; DPP v Grant [2018] VCC 1346; DPP v Farrell [2020] VCC 818. However, I am not precluded from considering these cases in respect of relevant sentencing principles.
Mr Terry emphasised your early pleas of guilty, lack of prior convictions, youth, family support and difficult upbringing giving rise to mental health issues. He urged the Court to have you assessed for a Youth Justice Centre Order, and if suitable, consider a sentence of detention as opposed to the harsher regime of adult imprisonment.
I accept that you pleaded guilty at an early stage in respect of all the offending across the two indictments. Your pleas of guilty are an acknowledgment of wrongdoing and have facilitated the course of justice. Considerable court time and expense has been saved. More significantly, neither victim has faced any further distress by being challenged in court about their respective accounts. Your guilty pleas entitle you to a significant utilitarian benefit.
Prior to receiving the Youth Justice Centre Order suitability report I was struggling to find, despite your pleas of guilty, evidence of genuine remorse. The contents of the suitability report now make it plain that you are not remorseful. Your concern centres around your own wellbeing with little regard for your victims.
I bear in mind that you were 18 and 19 years old at the time of the offending. You are still only 19 and remain a “young offender”. You have no prior criminal history. Therefore, in line with well-established propositions, your youth requires a greater emphasis on rehabilitation. Individualised treatment focusing on rehabilitation is to be preferred to a lengthy period of imprisonment. A young offender should not be sent to adult prison if such a sentence can be avoided. The benchmark for what justifies adult imprisonment may be quite high in the case of a youthful offender.[19]
[19]See R v Mills (1998) 4 VR 235, 241 (Batt JA).

Standard sentence

All five charges across both indictments attract a standard sentence of 6 years’ imprisonment. This is another legislative guidepost in addition to the maximum term. The sentence 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”.[20]
[20] Sentencing Act 1991, s 5A(b).
The standard sentencing regime does not interfere with the instinctive synthesis approach the Court must carry out which involves distilling all relevant factors to arrive at the appropriate sentence.
As I stated earlier, I must only have regard to sentences imposed in cases where the standard sentence regime applied. Current sentencing practices are not determinative; they are no more or less important than any of the other factors which the Court is required to consider. Each case ultimately turns on its own particular facts and circumstances.
The sentence I am imposing in respect of each offence will be much lower than the standard sentence. In arriving at the relevant sentence, I have considered the objective gravity of the offending, and given effect to the mitigating factors which include your early pleas of guilty, your youth, lack of prior convictions and the importance of balancing the punitive aspects of sentencing with the furtherance of your rehabilitation.

Sentence

Following the plea hearing, I adjourned the matter for a Youth Justice Centre Order suitability report. I have carefully considered this report.[21]
[21]Youth Justice Suitability Assessment Report dated 7 May 2025 compiled by Adrees Shah and endorsed by Kathryn Poland - Exhibit G.
I note that the contents of the report clearly indicate that you have shown no real remorse and lack insight into your offending. You appear to be more upset about your own predicament, rather than concerned about the impact of your offending upon your victims.
The author of the report has assessed you as suitable for detention in a Youth Justice Centre on the basis of the criteria in both s 32 (a) and (b) of the Sentencing Act 1991. I accept that despite the lack of meaningful remorse or insight, you nevertheless have reasonable prospects for rehabilitation. I further accept that you are impressionable and are likely to be subject to undesirable influences in adult prison.
I once again remind myself that adult prison should be avoided if at all possible in circumstances where you are a young offender, without any prior matters, and have had never experienced a custodial environment.
Please stand Mr Clausen.
Having considered all relevant matters and circumstances, I sentence you as follows.
On Indictment No. P12574333:
(i)On Charge 1, you are convicted and sentenced to 18 months’ detention in a Youth Justice Centre.

On Indictment No. Q11996232:
(i)On Charge 1, you are convicted and sentenced to 20 months’ detention in a Youth Justice Centre.
(ii)On Charge 2, you are convicted and sentenced to 16 months’ detention in a Youth Justice Centre.

(iii)On Charge 3, you are convicted and sentenced to 20 months’ detention in a Youth Justice Centre.
(iv)On Charge 4, you are convicted and sentenced to 20 months' detention in a Youth Justice Centre.

In respect of Indictment Q11996232, the sentence on Charge 1 will be the base sentence. Three months of the sentence on Charge 2, four months of the sentence on Charge 3 and five months of the sentence on Charge 4 will run cumulatively upon each other and on the base sentence on Charge 1. This makes a total effective sentence of 2 years and 8 months’ detention in a Youth Justice Centre.
I further direct that 6 months of the sentence on Indictment No. P12574333 be served cumulatively upon the sentence of 2 years and 8 months on Indictment No. Q11996232. This makes a total effective sentence of 3 years and 2 months’ detention in a Youth Justice Centre.[22]
[22]The Serious Sexual Offender provisions have no application as the offender is a ‘young offender’.

Section 6AAA declaration

Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been found guilty, I would have sentenced you to a term of 4 years and 3 months’ imprisonment with a non-parole period of 2 years and 9 months.
Sex Offender Registration
Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, registration is mandatory and the reporting period is life.[23] Upon your release from detention, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will now be given an acknowledgement form for signing and will be provided with a document setting out your reporting obligations upon your release and the consequences of any breach.[24] It is an offence punishable by a term of imprisonment to fail, without reasonable excuse, to comply with your reporting obligations.
[23]As you have been found guilty of two or more Class 1 offences.
[24] Mr Clausen was provided the Notice of Reporting Obligations pursuant to the Sex Offenders
Registration Act 2004 and signed the acknowledgement.
HIS HONOUR: Anything arising Mr Petric?
MR PETRIC: No your Honour.
HIS HONOUR: Anything arising Ms Mavor?
MS MAVOR: No your Honour.

[2025] VCC 635

23 May 2025