Director of Public Prosecutions v Crans

[2025] VCC 1562

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-01328

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOHN CRANS

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JUDGE:	Karapanagiotidis
WHERE HELD:	Melbourne
DATE OF HEARING:	6 June 2025; 10 June 2025; 1 September 2025.
DATE OF SENTENCE:	8 September 2025.
CASE MAY BE CITED AS:	DPP v Crans
MEDIUM NEUTRAL CITATION:	[2025] VCC 1562

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing

Catchwords:              Sexual penetration of a child under 12 – Verdins

Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic)

Cases Cited:Clarkson v R (2011) 32 VR 361; R v Verdins [2007] VSCA 102; R v RLP (2009) 213 A Crim R 461; Brown v The Queen [2019] VSCA 286.

Sentence:                  Total effective sentence of 7 years and 10 months’ imprisonment, with a non parole period of 5 years and 2 months’ imprisonment. Sex Offenders Register for a period of 15 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms N. Deltondo	Office of Public Prosecutions
For the Accused	Ms A. Beech	Stary Norton Halphen

HER HONOUR:

1John Crans, you have pleaded guilty to one rolled-up charge of sexual penetration of a child under the age of 12.

Circumstances of the offending

2The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A. This constitutes the factual basis upon which I sentence you.  

3You offended against a child, Mae Patton,[1] aged between three and five years at the relevant time.  You were then aged between 63 and 65.  In approximately 2021 you had met Mae’s mother at the local park and from there developed a friendship. 

[1] A pseudonym.

4Approximately six to nine months after Ms Haley[2] met you, you started looking after Mae. She was a single mother, appreciated your help, and trusted you. On occasion you offered to take Mae to your place so that she could go home and clean the house. You also offered to pick her up from childcare while she was working or running errands. According to Ms Haley, you looked after Mae approximately two or three times per week.  You also lent Ms Haley money and bought items for her home when she needed it.  You were treated like a family member and would call Mae your ninth grandchild. You told Ms Haley that you loved her and would protect her and do anything for her.

[2] A pseudonym.

5It is during this period of time when you would mind Mae at your home in Wallan that the sexual offences occurred. Your offending occurred between 18 September 2022 and 3 April 2024. It came to light when Mae made disclosures to her mother in April 2024.

6Turning to the offending itself and the first incident

Birthday Incident

7Mae recalls the first time you engaged in sexual activity with her. This occurred at her fourth birthday party at your house on 18 September 2022. Her mum, friends Cecilia[3], Sadie[4], Lucy[5] and Gabrielle[6] were there.

[3] A pseudonym.

[4] A pseudonym.

[5] A pseudonym.

[6] A pseudonym.

8The sexual activity occurred when no-one was inside the house. Mae was sitting on the couch with you in the lounge room. She was wearing a dress and pants. You pulled her pants down and looked at the colour of her underwear.

9You also touched her vagina and her “bottom hole” (uncharged). You then penetrated her vagina with your finger (Charge 1 – Sexual Penetration of a Child – Rolled Up). You also penetrated her anus in a manner which she describes as penetrating her “butt hole” with your finger (Charge 1 – Sexual Penetration of a Child – Rolled Up). She recalls that it hurt because you stuck your finger all the way. She recalls that she did not like your tongue touching her because you sometimes did it after you ate and some of your food would go on her and she did not like it, and I note that that’s a reference to part of what she says in her VARE statement.

10According to Ms Haley, on 18 September 2022, you did host the party for Mae’s fourth birthday at your home in Rowes Lane, Wallan, the day before she turned four years on 19 September 2022. Accordingly, at the time of the first occasion of sexual activity, she was still aged three years old, about to turn four.

Further incident

11Mae recalls the further occasion of sexual activity because it was before she disclosed your offending to her mother on 8 April 2024. This incident occurred in the days before the disclosure. At this time she was aged five years old. On this occasion you did the same sexual acts as you had done to her previously. Whilst at your house, you introduced your finger into her vagina (Charge 1 – Sexual Penetration of a Child – Rolled Up). You also introduced your finger into her “butt hole” (Charge 1 – Sexual Penetration of a Child – Rolled Up). You did not say anything to her and just did it.

Complaint Evidence

12On 8 April 2024, Ms Haley was home with Mae while she was having a bath. Mae told her that you were looking at her underwear. Later that same day, whilst on the couch, Mae told her that you touched her “bum bum” and private parts. Mae asked her to call you and tell you not to do it again.

13On this date, Ms Haley called you and confronted you about the disclosure. You told her that you did not do anything wrong. You told her that you had asked Mae to look at her underwear and see what colour it was. Ms Haley told you to stay away from them and to never see Mae again.

14Later that evening, Ms Haley went to collect the house keys from you. Again you told her nothing else had occurred. The next day she changed her locks.

15On 9 April 2024, Mae was sleeping over at a friend’s house, Cecilia Dean.[7] Whilst Cecilia’s mother, Ms Lynne Chaney[8] (‘Ms Chaney’), was putting both girls to sleep, Mae told Ms Chaney that she was scared of monsters. Ms Chaney also read the girls a book. Mae told Ms Chaney that “I’m not allowed to see John anymore, because he touched my private parts and my ‘bum bum’”

[7] A pseudonym.

[8] A pseudonym.

16During this conversation, Cecilia recalls Mae telling her that her mum’s friend was doing stuff inappropriate to her, that he was touching her private parts (namely, her vagina and bottom). She also said he kept looking at her underwear colour every day that she was with him. After this disclosure the same evening, Ms Chaney called Ms Haley to advise her of what had occurred.

17On 10 April 2024, Ms Haley had a further conversation with Mae. She then told her mother that on two occasions you put your finger inside her vagina and at another time you put your finger inside her anus. She told Ms Haley that it really hurt, she does not like it and does not feel safe. She told her mother that you told her not to tell anyone about it otherwise monsters will get her. Ms Haley recalled that two weeks prior to this disclosure, Mae was scared of monsters at night which were never previously a concern.

Arrest and Interview

18On 12 April 2024, you were arrested at work and transported to the police station. At this location, you were interviewed by police and part of your interview is extracted in the opening. 

Victim Impact

19Both Ms Haley and Mae have provided victim impact statements.  Ms Haley describes how their lives have completely changed as a result of your offending.  She states:

‘I have become less social and more introverted because I feel like I can't trust people and need to protect my daughter from everyone.  My daughter has also asked that no one knows about what happened to her because she feels embarrassed and she continues to worry that he will hurt her or kill her if people are told.  I find that other people don’t understand the situation I am in and the impact on me and this makes me avoid people who were previously close to me’.

20She speaks of the profound impact that your offending has had on all aspects of her life.  She gets very little sleep; she carries enormous stress worrying about the long-term impact of the offending on her daughter; it has seriously undermined her sense of safety and security; she experiences intrusive thoughts; has become depressed which has required medication; has suffered financially due to working reduced hours to support Mae and relocating; and she is constantly worried about the safety of her daughter. 

21In her recorded statement, Mae speaks of feeling sad and scared.  ‘He made me feel scared and frightened.  He hurt me at my birthday party and I didn’t tell anyone for a long time.’  ‘It made my mum feel sad and she wished she could have stopped it earlier.  She was very sad and angry and stressed.’

22In sentencing you, I take into account the significant impact of your offending on Mae and her mother. 

Gravity of offending

23Your offending is plainly serious. Sexual penetration of a child under the age of 12 years is a very serious offence, as indicated by the maximum penalty of 25 years imprisonment. The standard sentencing regime pursuant to ss5A and 5B of the Sentencing Act also applies and the standard sentence for the charge is 10 years imprisonment.

24The maximum penalty, and the standard sentence, indicates the seriousness with which the legislature, on behalf of the community, regards such offending and ‘reflects the community’s abhorrence of sexual crimes against children.’ As the higher Courts have stated, ‘the prohibition on sexual offences against children are intended to protect children from the harm presumed to be caused by premature sexual activity’[9].

[9] Clarkson v R (2011) 32 VR 361.

25The prosecution submit that your offending is objectively very serious for the following reasons:

(a)   The significant age difference between you and the child.

(b)   The timing of the offending is relevant, with the first set of offending occurring on the day of her birthday party where she should have felt happy and safe. 

(c)   The breach of trust involved in the offending, as you were treated like a family member. 

(d)   Mae reported to her mother that you had told her not to tell anyone about the offending otherwise a monster would get her. 

(e)   Your offending was not a one-off occasion, but rather occurred on two separation occasions with a period of time between, allowing you to reflect on your behaviours and change, but you did not do so. 

(f)    The offending was opportunistic in that you took advantage of moments when you were left alone with the child for your own sexual gratification. 

26Your Counsel properly acknowledges that your offending is inherently serious and that it involved a gross breach of trust and further that it was ‘humiliating, demeaning and objectifying.’  Your Counsel raises as relevant that the duration of each occasion of offending was limited and the offending itself was confined to two separate instances. On your behalf Ms Beech submits that the offending was not accompanied by violence, manipulation, threats or aggression.  No physical pain was inflicted nor was the child exposed to any risk of physical injury.  I note that it is disputed that there was no manipulation or threats used, given the child’s account to her mother, as already referred to.

27The charge is a ‘rolled-up’ one and as already referred to it represents two separate instances of sexual offending.  In total the charge is representative of four acts of penetration occurring on two occasions.  On each occasion, you penetrated the child’s vagina and anus with your finger.  I take into account all of the circumstances of the offence. While there are of course other cases involving a longer duration or more frequent offending, in all the circumstances, including the breach of trust, the repeated nature of the offending and the child’s very young age and vulnerability, I regard your offending as very serious and your moral culpability as high. I accept that general and specific deterrence, and just punishment and denunciation loom large in this case.

Plea of guilty

28Your plea of guilty followed a sentence indication on 10 June 2025.  You accepted the indication and on 11 June 2025 you were arraigned.

29Your plea has significant utilitarian value, saving court time and resources.  I accept your Counsel’s submission that the ‘importance of a guilty plea in a case such as this cannot be understated.  As was also accepted by the prosecution, this is particularly so in circumstances where the child’s detail regarding the surrounding circumstances of the offences is lacking. To contest the allegations would be to require cross-examination of a very young victim about traumatic events which no doubt would have been distressing.

30Further, I accept that your plea represents your willingness to facilitate the course of justice and accept responsibility for your offending.  Your Counsel also submits that it represents a ‘contrite approach’ to what occurred.  While it may generally indicate a ‘contrite approach’ there is little by way of evidence of remorse, particularly in circumstances where you have declined to discuss the offending and your insight is assessed as poor.While this may be so, in all the circumstances, I do consider that your plea of guilty entitles you to an important sentencing discount.   

Personal circumstances

31Your personal circumstances were canvassed by your Counsel and are outlined in the psychological report of Dr Mathew Barth of 22 August 2025.

32You were born in October 1958 and you are currently 66 years of age. 

33You were born and grew up in Gippsland where you were raised by your parents.  Your parents migrated to Australia from the Netherlands.  You have two older sisters and a younger brother. Your mother passed away when you were 17 of liver disease and your father passed away 12 years ago.  One of your sisters has also died.  You told Dr Barth that you were very close to your mother and sister and you described intense grief reaction to their deaths.  While your father generally treated you well you reported minimal emotional connection. 

34You described your early childhood as idyllic, growing up on a farm where your life revolved around outdoor activities. When you started high school the family relocated to Mernda for your father’s work.

35You reported to Dr Barth experiencing abuse as a child and teenager, as outlined in his report at paragraph [17]. I will not traverse the details here but you explained to him that, for most part, you had ‘tried to put it out of [your] mind but its always there.’ I take this into account as relevant to your personal history.

36You attended Lalor High School, completing year 12. After leaving school you completed an electrical fitting apprenticeship at Collingwood Technical College. You were then employed in that industry for some 40 years as an electrical fitter as well as a foreman and leading hand.  You semi-retired from this position in 2019.

37Following the passing of your father in 2015 a disagreement arose as to his will and since then you have not had any contact with your remaining immediate family.    

38You married your now ex-wife, Susan,[10] in your 20s. You had three children together, two daughters and a son.  You separated in 2000 and then divorced in 2001. 

[10] A pseudonym.

39Your children are aware of the charges and remain supportive of you. 

40At the time of the offending, you were employed at Wallan High School attending to maintenance, two day a week. As a result of these charges, you resigned.  You have also isolated yourself, having lost your standing or reputation in the local community and you are largely unable to socialise because of the shame that you feel.  I take these circumstances into account.    

41You suffer from high blood pressure and are treated by your general practitioner. You also obtained a mental health care plan earlier this year as a result of anxiety and depression but you have been unable to find a psychologist available to provide treatment yet. 

42You participated in an assessment with Dr Barth on 22 August 2025. You presented as ‘guarded’ and ‘appeared to find the assessment to be a difficult experience’ (at [10]).  You have no history of mental health diagnosis or treatment.  You described an intense emotional reaction after being charged.  You told Dr Barth that you felt overwhelmed and deeply upset about the charges which culminated in depressed moods and anxiety. You also reported experiencing suicidal ideation although you did not attempt any acts of self-harm.  In recent times you have accessed several sessions of supportive counselling. 

43You told Dr Barth that you were pleading guilty to the charges but you declined to discuss the offending. You admitted to being upset and disappointed about pleading guilty. 

44Dr Barth assesses your symptoms as reactive in nature. Your current symptoms are primarily focused upon ruminating about the potential consequences for your offending.  Significantly impacting your moods are your feelings of pessimism and a sense of futility. Based on Dr Barth’s assessment of you and the results of your psychological testing, he is of the opinion that you meet the criteria for the diagnosis of an Adjustment-Disorder – with Mixed Anxiety and Depressed Mood.  He considers that you remain at risk of further deterioration in your moods.  

45Relevant to your likely custodial experience, Dr Barth also provides the following opinion (at [45]):

Should a custodial sentence be imposed, Mr Crans is likely to be a vulnerable prisoner, particularly when considering his limited coping skills for his emotional distress. Additionally, his age and offence type are likely to pose further challenges to his experience of custody.  The added psychological distress caused by such issues would be likely to render any period in custody somewhat more onerous for Mr Crans relative to other prisoners.

46Relying upon the opinion of Dr Barth your Counsel submits that limbs 5 and 6 of Verdins are enlivened[11].  As I raised with her, I do not consider that there is a sufficient evidentiary foundation to support that there is a serious risk of imprisonment having a significant adverse effect on your mental health.  I do accept that you likely are vulnerable in custody, given your limited capacity to cope and regulate your emotional distress.  I accept that your diagnosis of adjustment-disorder, with mixed anxiety and depressed mood may mean that a custodial term will weigh more heavily on you and I take this into account in sentencing you.

[11] R v Verdins [2007] VSCA 102.

47Further I note, and take into account, the other factors raised on your behalf which may make your time in custody more burdensome.  Your Counsel relied upon the nature of the conviction which is likely to result in your placement in protection.  Also, she referred to your advanced years, as both relevant to your vulnerability in the custodial environment, and also as relevant to the service of any lengthy term of imprisonment, citing for broad principles the case of R v RLP[12]. 

[12] R v RLP (2009) 213 A Crim R 461.

48Turning to your physical health you report several motorcycle/vehicle accidents which caused considerable injuries, as outlined in the report of Dr Barth.  You underwent operations for these injuries and continue to experience ongoing pain.  You have also suffered with weight issues and high blood pressure.  The GP letter that was tendered refers to your medical history and also notes that you injured your right hip which was operated upon previously and you had screws and plates inserted.  Due to that injury you limp on your right leg.  A physiotherapist assessment (date unknown) also described the pain you experience as ‘constant, worsens with walking and increased activity, and eases with rest.’  Your current activities were limited to light housework and gardening, with reduced overall mobility. The diagnosis is of right hip osteoarthritis post-ORIF, leg length discrepancy, reduced range of movement and associated functional limitations. I take this into account in sentencing you.  A hip x-ray and consultation with an orthopaedic specialist was recommended to determine further management.     

Prospects of rehabilitation

49You presented generally to Dr Barth as a ‘socially awkward man, introverted’, with underdeveloped social skills.  You have felt ‘frustrated and alienated at the lack of intimacy in [your] life’ (at 42(d)).  In regards to your sexual adjustment you expressed pro-social views of children and sex.  You adamantly denied any sexual attraction to female children.  As he states though, ‘notwithstanding this claim, given the nature of the offending before the Court, this is clearly implausible’ (at [35]).  The repeated nature of your offending indicates the strong likelihood of deviant sexual cognitions and arousal patterns involving female children.  The extent of your offending points to significant dysfunction in your sexuality and ‘an extremely distorted concept of sexual boundaries’ (at [35]).  He recommends ‘unequivocally’ specialist sex-offender treatment which targets the containment of the dysfunctional features of your interpersonal and sexual adjustment.

50Dr Barth also conducted a formal risk assessment of recidivism for sexual offending utilising validated and well established tools (see [36]-[38]).  Overall he assesses your risk of sexual recidivism to be likely to fall in the ‘moderate-risk’ category (at [41]).  As Dr Barth notes, your inability to discuss your offending in any meaningful way and that your poor insight into your behaviour remains a concern.  It is hoped that your participation and engagement in a comprehensive sex offender treatment program will assist you.  As recommended by Dr Barth, this treatment should focus on assisting you to gain insight into the emotional, interpersonal and sexual factors which motivated your offending.  It will also need to address your denial and assist you to restructure your deviant sexual cognitions and fantasies which are likely to have underpinned your offending conduct.  You would also benefit from supportive counselling to help enhance your self esteem.

51I take into account that you are in your mid to late 60s and have no prior convictions and are a ‘first time offender.’  You present with a solid work history and have helped raise and support a family.  I take into account that your family continue to remain supportive of you.   The letter of your eldest daughter describes her shock in hearing of the allegations which you discussed in detail over the phone, as she lives interstate.  She describes you as generous and with good standing in the community.  She refers to your loss of job following the charges and the damage to your reputation in the local community.  She has observed a ‘serious and concerning decline’ in your mental health.  Your other daughter describes you as very hard working and speaks of the assistance that you have provided her and others over the years.  She has discussed the case with you and describes you as very emotional at times and how overall difficult this process has been.  Both your daughters offer their ongoing support of you, as evidenced also by your daughter and her husband’s attendances at Court, and I understand that one of your daughters might also be on the link today.

52As for other protective or positive factors in your favour, Dr Barth observes your behavioural adjustment in the community has been stable.  You do not present with substance abuse issues and, as already noted, you have a good work history and you do not present with antisocial or psychopathic traits.  ‘This mitigates [your] risk to an extent’ (at [40]).  I also note that you are not assessed as psychotic or cognitively impaired and both your ‘reality testing and [your] moral reasoning are intact’ (at 42(c)). 

53Overall, I consider that you present with good prospects of rehabilitation though it remains a concern that you demonstrate poor insight into this offending.  I accept that your risk of reoffending will be further mitigated, and your prospects further enhanced, with targeted and specialist treatment to help unpack and address the reasons underlying your offending.  You will be required to serve a substantial term of imprisonment.  At the point of prospective release, you will have further advanced in years and I consider that the custodial term is likely to be a salutary one. I consider that you will benefit from specialist treatment in custody and that you will then need adequate supports and structures in place to assist you in the community, both in terms of your reintegration and ongoing reform.   

Sentencing purposes

54The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community.  Overall, I accept your counsel’s submission than in considering your cumulative circumstances less weight can be given to the sentencing considerations of community protection and specific deterrence however they do still remain relevant. 

55I take into account the sentencing guidelines referred to in s5 of the Sentencing Act1991, where relevant in your case. I have also considered other relevant (standard sentencing) cases, including those referred to by Counsel.  These have provided useful guides but of course each case will turn on its own particular facts and circumstances, noting for example that several of these cases were sentences imposed after trial. 

56I have taken into account all of the submissions made by each respective Counsel both at the sentence indication hearing and at the plea hearing.  At the indication hearing I indicated the sentence that I would not exceed upon a plea of guilty, based on the material available to the Court.  Of course, the indication is not intended to provide a 'benchmark for additional deductions’ at a plea hearing.  I have treated it as a ceiling and have now considered all of the relevant sentencing objectives, factors, circumstances and material before me to arrive at what I consider to be the just and appropriate sentence.  

57There was no dispute between the parties that the only just and appropriate sentence in your case is a term of imprisonment structured with a non-parole period.  Your Counsel submits that when regard is had to all relevant sentencing considerations a course where a lengthy disparity between the head sentence and non-parole period is warranted and appropriate in all the circumstances. 

58It was not in dispute between the parties that the standard sentencing regime applies and, as already noted, the standard sentences is 10 years imprisonment.  As referred to in Brown v R, the standard sentence is to be taken into account as one of the factors relevant to sentencing[13].  It has the same function as the maximum penalty, does not affect the established ‘instinctive synthesis’ approach to sentencing; does not require or permit ‘two-stage sentencing’ or otherwise affect matters which the court may, or must take into account in sentencing.    

[13] Brown v The Queen [2019] VSCA 286.

59The sentence I am about to impose in respect of your charge is lower then the standard sentence.  I have considered all relevant factors in assessing your sentence, including the standard sentence, the objective seriousness of your offending and the matters available to you in mitigation, and I have determined that the following sentence is appropriate. 

Sentence

60Synthesising all relevant factors, you ware convicted and sentenced to 7 years and 10 months' imprisonment. Taking into account all relevant circumstances, including the need to reflect general deterrence, the mitigatory factors advanced on your behalf and my assessment of your rehabilitative prospects, I fix a non-parole period of 5 years and 2 months imprisonment.

61Pursuant to S.18 I declare that you have served seven days.

62Pursuant to S.6AAA but for your plea of guilty I would have sentenced you to 10 years’ imprisonment with a non-parole period of 7 years.

63I order that you are registered for a mandatory period of 15 years  pursuant to the Sex Offender Registration Act2004.