Director of Public Prosecutions v Corrigan (a Pseudonym)

[2016] VCC 275

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-01962

DIRECTOR OF PUBLIC PROSECUTIONS

v

PATRICK WILLIAM CORRIGAN

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	11 March 2016
DATE OF SENTENCE:	15 March 2016
CASE MAY BE CITED AS:	DPP v Corrigan (A Pseudonym)
MEDIUM NEUTRAL CITATION:	[2016] VCC 275

REASONS FOR SENTENCE
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Subject: Criminal Law- Sentencing- Historical Sex Offences-Perpetrator father and Grandfather of Victims- Elderly Frail Offender- Wholly Suspended Sentence Imposed.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Parkes	John Cain Solicitor for Public Prosecutions
For the Offender	Mr P. Higham (Plea) Ms C. Morris (Sentence)	Stary Norton Halphen

HER HONOUR: 

1Patrick William Corrigan[1], you have pleaded guilty before me to nine charges that relate to offending against your lineal descendants, namely your daughter, Amy Shapiro[2], your grandson, Andrew Corrigan[3], and your granddaughter, Addie Mandi[4]. 

[1] This is a pseudonym.

[2] This is a pseudonym.

[3] This is a pseudonym.

[4] This is a pseudonym.

2There are nine charges.  The first charge is one of gross indecency with a girl under the age of 16 and that concerns your daughter, Amy Shapiro.  The maximum penalty for that offence is two years' imprisonment. 

3In respect to the two charges of indecent assault upon a male person, that is Charges 2 and 3, and the two charges of indecent assault, Charges 4 and 7, that relates to your grandson, Andrew Corrigan, the maximum penalty for those charges are five years' imprisonment. 

4In respect to the charges of gross indecency, there are four charges relating to your granddaughter, Addie Mandi, on Charges 5, 6 and 8, the maximum penalty is two years, and Charge 9, the maximum penalty is three years because at that time Addie was under your care, supervision and authority.

5I shall proceed to sentence you on the basis of the summary that was read out at the hearing by the Crown prosecutor.  I do not propose to detail all the facts again.  The Crown opening is an exhibit to the plea hearing and will be attached to these sentencing remarks.

6The offending has had a profound effect on each of the three victims.  That was demonstrated by the ongoing hurt and effect of your offending that was articulated by each of the victims when they read out their Victim Impact Statements to the court.  Each of them have been affected deeply by your actions.

7Your granddaughter, Addie Mandi, correctly identified the real gravamen of your offending, in my opinion, when she says:  "Somebody who was supposed to love and look after me, somebody whom I idolised and trusted, instead attacked me and took away the innocence of my childhood."

8Mr Corrigan, your actions constitute a gross abuse of trust and is the antithesis of what a parent or a grandparent should provide to their child or grandchildren.  Your offending is very serious and your behaviour must be condemned in the strongest possible terms.  It is egregious.  Such behaviour is not to be tolerated in our community and on behalf of the community I formally denounce your behaviour.

9General deterrence is a very important sentencing principle in respect to this type of offending.

10Given your age, 88, and frailty, specific deterrence is of less importance overall in your case.  In sentencing you I must impose just punishment.

11The offending occurred over a lengthy period of time. In respect to your daughter, Amy.  It was between 18 December 1968 until 17 December 1973, when she was aged between six and ten. With respect to your grandson, Andrew, it occurred between 30 March 1979 to 29 March 1983. With respect to Addie, it was between 13 December 1982 to 12 December 1986.

12The offending came to light when Andrew complained to his parents, initially in 1999, and then a formal report was made to police in 2013.  Following his formal report, his sister, Addie, came forward and made a complaint to the police, followed by your daughter, Amy.

13The offending that related to Amy occurred whilst you were at home with her on an occasion, when you made her hold your penis and pull the foreskin forward over the head and then let go, when she was in the bath with you one night.

14In respect to Andrew, the offending occurred in your home whilst he was visiting you.  It involved you pulling his pants down, exposing his penis and then you placing your hand on his penis and pulling it.  On another occasion where you used his hand to assist you masturbate yourself until ejaculation.  On another occasion you took off the victim's pyjamas and underwear and whilst he was in your bed you played with his penis and pulled it.  On that occasion you also placed his hand on your penis and made him pull it.

15With respect to Addie, the first three charges relating to her relate to one incident, when she was aged between eight and nine.  She was visiting you and there was an overnight stay.  You got into her bed and made her place her hand on your penis.  You placed your hand on her genital area and rubbed her vagina with your fingers and the following morning you made her place her hand on your penis. 

16On the final occasion, which is the subject of Charge 9, Addie was aged 11.  You were visiting her family.  There was a trip out to Lake Eppalock and you drove the victim alone in your car.  You drove off the main road and down into a secluded bush area where you parked the car.  You then pulled down your pants and placed her hand on your penis and made Addie masturbate your penis.

17I have had regard to your personal history and background.  I note that you are 88.  You were born in Spotswood.  You are an only child.  You had a professional career as a draughtsman, having completed a Diploma of Engineering.

18There is no prior criminal history.

19You enjoy good health.  You are on some medication, namely aspirin and Zocor and in the past you have had a history of coronary artery disease and bypass surgery.  You do have a significant hearing disability.  You are frail and elderly. 

20I note that you were reviewed by Dr Joel Godfredson, a clinical psychologist, who provided a forensic report to the court.  It is not evident from his report what motivated you to undertake this offending.  He noted that you have had an unremarkable developmental history, there was no exposure to abuse, neglect or trauma.  You were married but separated from your wife, Angela[5], with whom you have four children, Barry[6], Niamh[7], Oscar[8] and your youngest daughter, Amy. 

[5] This is a pseudonym.

[6] This is a pseudonym.

[7] This is a pseudonym.

[8] This is a pseudonym.

21Following separation, when Amy was aged about six, you cared for the three younger children.  You now have a partner, Mary[9], whom you met in 2000.

[9] This is a pseudonym.

22Dr Godfredson assessed you and formed the view that you have a low risk of future sexual offending.  He said given that risk status, you do not appear to warrant offence specific interventions. 

23You have the support of your partner, Mary, your daughter, Niamh, and sons, Barry and Oscar, each of whom wrote references on your behalf.  You are involved in a walking group and a square dance club.

24Your offending has caused a deep division within your family.  You have been shunned by a lot of relatives.  Your son, Barry, in his reference confirms that you have suffered emotionally and physically because of your offending.  He is fully supportive of his two children, Andrew and Addie, they are his first priority.  He, however, acknowledges that you are his father and he had a happy childhood where you worked hard and provided for the family.

25In sentencing you I have had regard to your advanced age and general health and wellbeing.  I have had regard to your plea of guilty.  I note that the matters with respect to Amy and Andrew settled before committal mention and that you pleaded guilty on 30 September 2015.  In respect to Addie, the charges resolved at committal on 6 November 2015.

26I consider that the plea of guilty in respect to each of the nine charges does evidence remorse, which is further evidenced in the references that I have read and have earlier referred to.

27By your pleas of guilty, you have spared each of the victims the further trauma of having to give evidence on your trial.  There is real utility in your pleas and you have facilitated justice and your sentence will be discounted accordingly. 

28I have also had regard to your demonstrated rehabilitation.  There has been no subsequent offending.  There is a long gap since the last offences.  You were aged 58 at the time of the last offending.  I have also had regard to your assessed low risk of re-offending.

29Overall, I accept the submission made by Mr Higham, your counsel, that the competing principles of sentencing can be met in your case by the imposition of a gaol term that is wholly suspended.  The Crown prosecutor, Ms Parkes, confirmed her instructions that an immediate custodial sentence was not sought having regard to your age and the fact that the offending was non-penetrative.  Nonetheless she did submit that the offending was serious and involved a grave breach of trust on your behalf.

30Mr Corrigan, the offending spanned a lengthy period of years and, as I have said before, the impact on your daughter and two grandchildren has been profound and the ripple effect on your family has been ongoing.

31I propose to record convictions with respect to each of the charges and sentence you to a term of imprisonment with respect to each of the charges to mark the seriousness of your offending. 

32As I said earlier, in total the gaol term will be three years.  That will be wholly suspended and the operational period will be for a period of three years.  During that time, you must not commit any offence punishable by imprisonment.  If you do breach that condition then absent exceptional circumstances you would have to serve the three years' imprisonment that I am about to impose and in addition, you would be dealt with in respect to the fresh offending.

33In sentencing you, I have had regard to Part 2A of the Sentencing Act 1991, which deals with serious sexual offenders. Where an offender is convicted and sentenced to a term of imprisonment for two or more of the offences that are of a nature as contained within your indictment, you fall to be sentenced as a serious sexual offender in relation to Charges 3-9 inclusive.

34The protection of the community is the principal purpose for which the sentence is imposed.  In this case the Crown is not seeking a disproportionate sentence. 

35I propose to make the following directions in respect to the sentences as follows:

36Charge 1, you will be convicted and sentenced to six months' imprisonment.

37Charge 2, you will be convicted and sentenced to six months' imprisonment.

38Charge 3, you will be convicted and sentenced to 12 months' imprisonment.

39Charge 4, you will be convicted and sentenced to 12 months' imprisonment.

40Charge 5, you will be convicted and sentenced to 12 months' imprisonment.

41Charge 6, you will be convicted and sentenced to six months' imprisonment.

42Charge 7, you will be convicted and sentenced to 12 months' imprisonment.

43Charge 8, you will be convicted and sentenced to six months' imprisonment.

44Charge 9, you will be convicted and sentenced to 18 months' imprisonment.  Charge 9 is the base sentence.

45I make the following orders for cumulation.  Three months of the sentence imposed on Charge 1; six months of the sentence imposed on Charge 3; three months of the sentence imposed on Charge 5; and six months of the sentence imposed in respect to Charge 7 shall be cumulative upon each other and upon the sentence imposed on Charge 9, making a total effective sentence of 36 months, which is three years.  That is to be wholly suspended for a period of three years.

46I direct that it be entered into the record of the court that you are sentenced as a serious sexual offender in respect to Charges 3-9 inclusive.

47I make the following declaration pursuant to s.6AAA, but for your plea of guilty I would have sentenced you to a total effective sentence of five years' imprisonment to serve three years.

48I make the orders sought in respect to the Sex Offenders Registration Act (2004).  Upon your conviction for these offences you are deemed to be a registrable offender and therefore you must comply with the reporting conditions of that Act for the remainder of your life.

49Finally, I make the order pursuant to s.464ZF(2) of the Crimes Act 1958 that you undergo a forensic procedure for the taking of a scraping from the mouth. Having regard to the seriousness of the circumstances of the offending, I consider such order is warranted. Further the order is by consent and the granting of the order is in the public interest.

50My associate will approach you shortly with your counsel and give you the notification under the Sex Offenders Registration Act (2004). Also, I need to tell you one last thing. That is because I have made the order under s.464ZF(2) of the Crimes Act 1958, you will have to attend and report to the officer-in-charge at the Altona Police Station within the next four weeks and provide a forensic sample, namely a scraping from your mouth and that is done using a cotton bud. I have to inform you that if you do not co-operate that reasonable force can be used to enable that to be conducted.

51That completes the formal orders.  I think I have covered everything.

52MS PARKES:  Yes, Your Honour.

53(Sex Offenders registration order signed and acknowledged.)

54(Section 464ZF(2) order signed and acknowledged.)

55HER HONOUR:  All right, that concludes the formal aspect of the matter.  I just ask that the prosecution ensure that each of the three victims, Amy Shapiro, Addie Mandi and also Andrew Corrigan, be given all the information that they can be about Victims Crimes Assistance.

56MS PARKES:  Certainly, Your Honour.

57HER HONOUR:  And further ongoing counselling and support.

58MS PARKES:  Yes.

59HER HONOUR:  It was evident to me just from the nature of their Victim Impact Statements that it has been profound, the effects and it is ongoing, so the more support they can get to assist them come to terms with this offending the better.

60MS PARKES:  Yes, Your Honour, all right.

61HER HONOUR:  Thank you for your assistance.  We can adjourn.