Director of Public Prosecutions v Denton (a pseudonym)
[2025] VCC 1362
•25 September 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CALLUM DENTON (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE PILLAY |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 September 2025 (Plea) |
DATE OF SENTENCE: | 25 September 2025 |
CASE MAY BE CITED AS: | DPP v Denton (a pseudonym) |
MEDIUM NEUTRAL CITATION: [2025] VCC 1362
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE
Catchwords: Sentence – guilty plea – one charge of rape
Legislation Cited: Crimes Act 1958; Crimes Amendment (Sexual Offences) Act 2016; Sentencing Act 1991
Cases Cited:Gray (a pseudonym) v The Queen [2018] VSCA 163; PAS v The State of Western Australia [2009] WASCA 210; Jurj v The Queen [2016] VSCA 57; Watkins (a pseudonym) v The King [2023] VSCA 203
Sentence: 6 years and 3 months with a non-parole period of 4 years
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms N Deltondo | Office of Public Prosecutions |
| For the Accused | Mr J McGarvie (Solicitor) | Stary Norton Halphen Criminal Lawyers |
HIS HONOUR:
1Callum Denton,[1] you have pleaded guilty to one charge of rape contrary to s38(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016.
[1] A pseudonym.
2The charge of rape carries a maximum penalty of 25 years’ imprisonment. Rape is a category 1 offence, and a custodial sentence is mandatory. Rape is a standard sentence offence. The standard sentence is 10 years.
3The facts of this matter are detailed in the prosecution opening which was tendered as Exhibit P1 on the plea and read out by the prosecutor. You accept the summary as accurate. I will summarise those facts.
4One night in April 2023, the victim was raped by you in her bedroom whilst you were attending her house to watch a football match with her father. You have pleaded guilty to one charge of rape by intentionally sexually penetrating the victim by introducing your penis into her vagina without her consent in circumstances where you did not reasonably believe that she consented to the penetration.
5At the time of the offending, you were 42 years old. You were born in May 1980. The victim in this matter was 18 years old. She lived at home with her father and sister.
6You and the victim are known to each other. You met the victim in 2009 when your daughter and her became friends at school. Your daughter and the victim would often have sleepovers at each other’s houses. As a result, yourself, your wife and the complaint’s father became friends for many years.
7You and the victim had a pleasant relationship when she was growing up. She thought of you as her second father. You would often play with the children outside in the backyard and your family and the victim’s family would quite regularly see each other. As the victim grew older, you would talk when her father left the room.
8Your daughter and the victim lost contact, however, you maintained your friendship with the victim’s father and would regularly attend their house to watch football and drink with him.
Circumstances of the offending
9On Sunday 16 April 2023, you attended the victim’s house to watch the St Kilda versus Collingwood football match with the victim’s father. The victim had turned 18 years old ten weeks prior in February 2023. You always drank Jim Beam and usually brought a six pack. The victim’s father was also drinking. You and her father were in the main lounge room with the television. The victim felt hungover, having been drinking at a party the night before. She felt fine but was tired.
10The victim’s sister was also at home in her bedroom during this time. However, the victim did not recall seeing her at all that evening. The victim came in and out of her bedroom into the living room during the game and kept check of the score. She had dinner and consumed one or two drinks, possibly Cruisers, and felt fine.
11At quarter time you went into the kitchen with the victim’s father, the victim was also in the kitchen. You offered her a cigarette and she agreed. You both went outside under the car port area. You were alone with the victim at this time. You kept asking her if she was okay and said that you were always there for her. The victim felt uncomfortable and smoked her cigarette as fast as she could. It was cold and the victim started shivering. You said to her, “Come here, you know I love ya” whilst standing to the side of her body and you put your arms around her. You put one arm around her back and placed it on her shoulder. Your other arm was around the front of her chest with your other arm on the same shoulder. The victim recalls that this physical contact between you and the tone in which you were talking to her in was not normal.
12The victim mentioned that you both should go back inside and you agreed. The victim went straight to her room. Every time she left her room and went to the living room, she acted like nothing had happened as she did not want to feel uncomfortable. Just prior to the football game finishing, you went into the victim’s bedroom. You sat on the end of her queen bed on the right-hand side. She was laying on her bed on her left side, facing the window away from you. She was watching Netflix on her laptop and scrolling on her phone. Her father came to the bedroom door and asked you if you were going to watch the end of the game, you then followed him out of her room.
13After the game, the complaint’s father had dinner and at some stage went to bed.
14You then went into the victim’s bedroom for a second time and sat on the end of her bed. She was lying on her left-hand side, facing the window. She was trying to go to sleep and had her eyes closed. You did not say anything. The lights were off and her LED lights were on above her bed. She was under the doona. She was wearing either pyjama or football shorts.
15You moved and sat up closer, next to her right hand shoulder. You said something like “are you okay” or “I am about to go and will be leaving soon”. The victim believes she said she was okay and closed her eyes again.
16You laid down next to her in a spooning position. The front of your body was against the victim’s back and legs. You then got under and moved the doona. You put your arm over her clothing on her stomach. You put your hand under her clothing and lightly touched her breast over her bra. This is uncharged.
17You then moved your hand down her stomach and back up to her breast again over her bra. This time you were more forceful. This is uncharged.
18You kissed her face and her neck. She tried to move away from you. She was still lying on her side and did not move. She pretended to be asleep and was making “sleep sounds”. The victim was scared. She was too scared to resist you or push you off.
19You started pulling her shorts down. She pushed her hips down into the bed to make it more difficult for you to take her shorts off. She moved and placed her arm over her chest and she said quietly “No”. You did not respond.
20You touched her vagina and grabbed her buttocks over her shorts. You put your hands down her pants. She flinched and moved away from you. You did not stop.
21You said to the victim “I’ve been waiting till your 18. I’ve always found you so beautiful and gorgeous”. You also said “You don’t know how hard it is to be sexually pleasured when having one partner for so long”.
22The victim was still facing towards the window. She was crying and scared. She remained silent. She still had her jumper on, but her shorts were pushed down to her upper thighs.
23At this stage, whilst the victim and you were on your sides, you tried to introduce your penis into her vagina. You grabbed and lifted her buttocks to introduce your penis inside her vagina. However, she was pushing down into the bed and turning her buttocks into the bed so that she was positioned more on her back.
24You sat up and tried to roll and lift her buttocks up to introduce your penis into her vagina. She moved further up the bed so that your penis would slip out, but you introduced your penis into her vagina (Charge 1 – Rape). She was still crying.
25You were not wearing a condom and she noticed that your penis was not erect. You then withdrew your penis. The victim asked if you had ejaculated and you told her that you did not. You picked up the Jim Beam can on the side of her bed and said you had too many of “these”.
26You then put your pants on and said you “better go” and should probably order an Uber.
27You told her not to tell anyone because you did not want to lose her father as a friend, or lose your family and kids.
28An Uber was arranged and collected you from the address at 1:26am, and then took you to your home in Wantirna South.
29Whilst in the Uber, you sent the victim a series of text messages. You said “Ya beautiful n strong remember that yeah”. She replied “Thanks darling xx”. You continued “Sorry to disappoint u so pissed off with myself”. You continued “$62 bucks the fkers changed me oh well would of paid triple for your time”. You continued “Be good her if ya ever need me”. You continued “Unfortunately u will regret it when ya sober but hey thank you for making me fill like I may have a chance with someone else. Been waiting n preying it would happen when u turned 18 but wish I wasn’t so fkn drunk I do apologise for that. Have a nice sleep n look after your bump don’t let ot get to bad, catch ya”. She did not reply.
30At 9:14am on 17 April 2023, you messaged her the following. “Plz do not tell Anyone please not even friends don’t wanna lose ya dad as mate or my kids. Hope ya heads better”. She did not reply. At 11:17am the same day “I’ve deleted all messages can u do the same please. Hope your head getting better for u”. She replied “yeah sure”.
31Sometime in April 2023, the victim contacted a friend, Logan Wilcox (“Wilcox”).[2] He was overseas at the time. The victim confided in him that you did something to her, namely that you raped her without her consent.
[2] A pseudonym.
32Around the day he returned from overseas Wilcox visited the victim’s house. You were also at the house at the time. The victim wanted to leave the house. She said that she did not feel comfortable because of what you did to her. They left and went to Wilcox’s house.
33The victim also recalls an occasion when you were present when Wilcox came into her bedroom. She was shaking. She recalls that they were meant to stay at her house, but she did not want to stay so they went to Wilcox’s residence.
34On 8 July 2023, soon after midnight, the victim’s sister was home with friends whilst the victim was sleeping. The victim’s sister woke her up to have a drink with them. At some point, the victim’s sister went back to the victim’s bedroom and they started arguing. The victim then told her “[Callum] raped me”. The victim said that it occurred whilst she was in bed. The victim’s sister told her that she needed to tell their father because it was serious. The victim told her that she was scared of you. The victim was crying and said she would eventually tell her father.
35On 8 July 2023, in the evening, you sent a text message to the victim that saying “just kinda miss ya to b honest, I know I’m old but ... ya georgous...”.
36In early October 2023, the victim had a phone conversation with her grandmother, Louella Harris.[3] She disclosed that you had raped her.
[3] A pseudonym.
37On 24 October 2023, the victim disclosed the rape to her father. The victim said she had something to tell him. She said “[Callum] raped me”. Her father asked “What do you mean?” and she said “exactly that”. She told her father that one night when you were over watching the footy it happened at home. He asked why she did not tell him. She said she was scared to tell him. He told her that she had to report it to the police.
38On 25 October 2023, the day following her disclosure to her father, the victim made a report of rape to Senior Constable (“S/C”) Jason Lamtzes at Frankston Police Station.
39Following the disclosure, the victim spoke to the informant, S/C Claire Moore. The victim then attended an appointment on 27 October 2023, where she commenced a statement to the police which she completed on 13 November 2023.
40On 15 December 2023, you attended Knox Police Station by appointment and were arrested by S/C Moore. You were given your caution and rights.
41During the interview, you provided two different versions of events. The first version included as follows:
a. You acknowledged being at the victim’s address and watching the football.
b. You were not aware of having sex with anyone in April 2023 other than your wife.
c. You denied speaking to her about being intimate or attraction or sex.
d. You were not aware of any conversations that you could remember regarding conversations with the victim about physical stuff or sex.
e. You denied having any feelings or attraction towards the victim.
f. On the night whilst watching the football, you would not have had any more than six or ten cans of Jim Beam, because that was your limit.
g. You agreed you had a cigarette outside and asked the victim if she was okay and told her that you were there for her. You denied saying you loved her or putting your arms around her.
h. You stated that you had never entered the victim's room alone.
i. You stated that you might have gone to her room and been at the door, but did not recall sitting on her bed.
j. You did not recall moving closer to her and asking if she was okay. You said you might have said “goodbye”.
42You could not recall spooning her or touching her breasts. You could not recall any physical touching.
k. You denied telling her that you were waiting till she was 18, or that you found her beautiful and gorgeous.
l. You denied putting your penis into her vagina and did not recall this time.
m. You were not sure if you told her not to tell anyone because you didn’t want to lose her dad.
43After you initially denied the allegations which you described as “absolutely ridiculous” you changed your story.
44In the second version, you made admissions to having sex with the victim, however, suggested that after you rubbed her leg, she instigated sexual intercourse. You stated as follows.
a. Something did happen but it “wasn’t that”. You thought you did something but “didn’t rape her”.
b. You remembered having a smoke, but didn’t hug her.
c. The victim’s father had to go to bed because he had work the next day.
d. After the victim’s father went to bed, you did go into her room. You were both were talking, then you went to have sex, but you stopped because you were worried about her father walking in, the kids and the missus. However, “none of the stuff she said I did”.
e. You think she was on her phone and drinking. You went into her room to finish your drink. You think you sat on the side of the bed and laid with your arm up as you said you still had the drink in your hand.
f. You remember laying on her bed and talking. You didn’t rub anything. She said “Just stick it in cause I’m shy” or something. She said this because she was self-conscious and said “so just stick it in”.
g. In fact you rubbed her leg whilst asking if she was okay. Then you said “I better stop that”. And she replies “Why?”. You said “Cause the missus and dad’s like in the house”. Then she said something like “Just stick it in ‘cause I’m ... self-conscious... about my body”. You were “a hundred per cent” sure she said this.
h. It was only for 20-30 seconds. Then you got off and said “Nah, this ain’t right. Your dad’s in there. I’ve got kids”. Then you got an Uber.
i. You said “I’m trying to remember so I can cover my arse here cause... there’s no way I raped anybody”.
You then varied your version once again.
j. This time you stated you got up and went to the toilet. When you came back she had the blanket off because it was a warm day and that is when you said “Are you sure you’re okay”.
k. You stated you were both joking around and laughing in bed. You were clothed. You did go to have sex with her. She said “Just stick it in, put it in”. Your penis went into her vagina.
l. When you asked “Are you sure you want to do this”. She says “What do you mean?” You respond “Well, your dad’s there.” And she says “yes, but just stick it in because I’m self conscious”.
m. You pulled your pants down. You say that the following exchange happened between you, she “pulled her body to me on – like, on the side sort of thing, and that’s when she said what I just said before and then I stuck it in then, and then she kissed me. Just kind of just grabbed me and pulled me towards, - like I was kind of on top sort of thing or on the side top sort of then, and then she just grabbed me and kissed me a couple of times on the lips”.
n. You state that she “grabbed her underwear, pulled it back to the side. We sort of rolled over and she put her legs up and then I went down. She kissed me while I was sort of on top of her and that’s when I said – rolled over and said ‘Nuh, I can’t do this’”.
o. You state “I asked her if it was fine. She said to me ‘Don’t tell dad ‘cause I’ll get in trouble’”. You confirm that you both said that and it wasn’t just you that said that as well.
p. When asked if you wore any protection, you stated you did not do so. You then added to your version of events, stating that there “was another reason why you pulled off cause... I said to her, ‘Do you have any protection?’ and she said ‘No. I wanna get pregnant’ and you replied ‘Well, no. That ain’t gunna happen’. She replied ‘But I wanna get pregnant’”. You say she said this before you penetrated her.
q. You were pretty sure you phoned an Uber. You went home and felt like shit. You state that you definitely didn’t rape her.
r. You state that you did not say a comment about being “sexually pleasured” because you state “loved my missus”. However, you state that “It was just that I had caught her sleeping with someone else”.
s. You state that would not have said that you couldn’t “come” because of alcohol.
45During the interview, questions were asked in relation to any conversations he had with the victim after the offence.
a. You state that you did have a conversation with her, but you could not remember what it was. You state you were pretty sure she said “Don’t tell dad”. You state that you probably said the same as you “didn’t want her dad to find out ’cause you were mates”.
b. When messages were read to you, you then admitted to sending a text to the victim that she was “beautiful and strong”. You could not remember sending a text saying “Sorry to disappoint you. So pissed off with myself”.
c. You further admitted to sending a text “Unfortunately you’ll regret it when you’re sober, but hey, thank you for making me feel like I may have a chance with someone else. I’ve been waiting and praying it would happen when you turned 18”. During the interview, you said that she would regret it because “she agreed to it”.
d. You further admitted to sending her a text not to tell anyone because you did not want to lose her dad as a mate or your kids.
e. You sent her a text to delete messages because “she told me that when we left she said ‘Don’t tell dad’”.
f. When asked if you repeatedly tried to get in contact with the victim after the April incident, you said he tried to get in contact with her about her car.
g. When suggested to you that you were trying to catch up with her again unrelated to the car, you did not recall that. When a text was put to you that you said “I know I’m old, but you’re gorgeous”, you admitted to sending the text but stated that it was “after that night”.
46In the final stages of the interview, you stated as follows.
a. You tried to be like a second father to the victim.
b. Despite initially not recalling any sexual activity, she did consent and you did not rape her.
c. You maintained that “She’s the one that told me to stick it in. She’s the one that moved her underwear. ... I didn’t touch her down there. I just rubbed her leg”.
d. You admitted that you gave police two very different stories.[4]
[4] I have set out a detailed recounting of the record of interview as it is relevant to the submission defence
ultimately made as to the belief the accused held at the time of the offending. The contrasting versions of events given is relevant to an assessment of that submission
Standard sentence
47As I have already noted, the standard sentence for rape is 10 years’ imprisonment. The standard sentence applies to an offence in the middle range of seriousness based only on its objective factors.
Personal circumstances
48You were born in May 1980. You are now 45. You were raised in Adelaide and left high school after year 10. You have five children with your wife Diane Denton.[5] Two are adults and three are aged 16, 12 and 8 who still live with you.
[5] A pseudonym.
49You worked in manufacturing and as a storeman forklift driver until you suffered an injury in 2019 while working. Particularly you sustained damage and aggravation at the thoracic level to two discs. You went on to light duties for a period of time and attempted to return to work on full duties but were unable to cope. You were ultimately terminated in 2022. You remain under the care of a physiotherapist for ongoing maintenance of your back problems and take pain medications. Material was tendered from your physiotherapist Daniel Heffernan as well as a medical report dated 14 March 2024 of Mr Graeme Doig an orthopaedic specialist who reported for the Workcover insurer.
50Three references were tendered at the plea hearing. The first reference was from Mr Armin[6] who knows you by reason of your sons being at primary school and at a futsal club in Box Hill together. The second reference was from Ms Gucalli.[7] It also details your commitment to children's soccer. The third was from Mr Nelson,[8] a former work colleague.
[6] A pseudonym.
[7] A pseudonym.
[8] A pseudonym.
51You have no relevant prior convictions. Given your work history, your references and your lack of prior convictions, I consider that you are a person of otherwise good character.
Objective gravity of offending
52The maximum sentence for rape is 25 years. It indicates, very clearly, that the crime of rape is a very serious one. It involves the gross invasion of an individual’s liberty and person. This is inherently serious offending.
53There are a number of other factors that regard should be had to:[9]
[9]Jurj v The Queen [2016] VSCA 57 at [80]
(a) Whether the offence was premeditated;
(b) Whether the offender acted alone;
(c) The length of the offending;
(d) Whether violence or threat of violence was used;
(e) Whether a weapon was used;
(f) Whether the victim was injured;
(g) Whether the victim was humiliated or degraded;
(h) Whether the offender used a condom;
(i) Whether the victim was particularly vulnerable;
(j) Whether the offender ignored warnings to stop.
Nature of the offending
54Here your offending involved a gross breach of an established platonic relationship, even though it was situational and an isolated incident.[10] You have known the victim since she was young. You were a trusted adult figure in her life. She viewed you as “a second father”. There is a significant age difference between you and the victim at the time of offending, some 24 years.
[10] Noting this is not a breach of trust of an established category, Watkins (a pseudonym) v The King [2023]
VSCA 203
55Not only were you the father of her friend but you then became a friend of her father. You were brought into the family circle on this basis and from that formed a platonic relationship with the victim. Yet you broke the bounds of that relationship. Despite being told to stop your actions, you persisted. Despite body language indicating your advances were not welcome, you persisted.
56You did not use a condom and so risked a pregnancy or a sexually transmitted disease without care for her. It is apt to say that your behaviour toward the victim was to treat her as a vessel of gratification for your own desires. Though I accept that your later messages suggest you also had a romantic fascination with the victim, you arguably degraded her by indicating that you were willing to pay for her time. However, I do not make the finding that you were equating her to a sex worker, but rather consider you were clumsily trying to let her know that she was valuable to you. What is clear from the messages is that you did not seem overly interested in her feelings or how she felt. That demonstrates that you were not and never were interested in her as anything other than a vehicle for your own gratification.
57You betrayed her in her own home and in her own room where she is entitled to feel safe.
58I accept however, that there was no violence or threats made, no weapon and no prolonged pattern of behaviour.
59On the gravity and effects on a victim of the offence of rape the observations of the Court of Appeal in the case of Gray (a pseudonym) v The Queen[11]are apposite:
“Rape is an intensely personal crime. The effects on the victim are not just those that flow from the physical invasion of their person and security, but also from the more intangible loss of their rights and freedoms. This significant impact of rape on the victim needs to be given proper weight in sentencing. It cannot be overlooked or undervalued”.
[11] [2018] VSCA 163 at [53]
60The victim’s Victim Impact Statement was read in Court. It tells of the desolation that your actions have wrought on a young woman. She speaks of the loss of her boyfriend, her job, her trust in all men and the depression and loneliness. She is confined to her home on a regular basis. She hears your breathing in her quiet moments, and it haunts her in a way that is insidious and damaging.
“The event occurred in my room, in my own bed. So, when I would shut my eyes, that was my only vision. I could see him assaulting me, it would replay in my mind the exact way it happened. I could hear his heavy breathing and the things he said to me. I am not sure how to erase this from my memory. I still struggle to this day.”[12]
[12] Victim’s Victim Impact Statement dated 10 September 2025
61Balancing these matters overall I assess the objective seriousness as below mid-range.
62Much attention on the plea was focused on the assessment of your moral culpability. The defence submission was that you held an honest belief in consent at the time, while by your plea you accept that such a belief was unreasonable in all the circumstances. The prosecution accepts that was the case and that both parties agree that this represents an absence of an aggravating feature of your offending.
63However there was debate over the defence submission that this honest belief in consent lessened the moral culpability attached to the crime. I accept that the prosecution cannot prove beyond reasonable doubt that you knew at the time of penetration was not consented to. On the balance of probabilities I would have to accept that you honestly believed there was consent. I cannot be so satisfied because of the two diametrically opposed versions of events you gave to police at interview. In one you even suggested that the victim instigated the activity. This is completely contrary to what you now accept as the true circumstances. This demonstrates that you were willing to lie if you considered it was in your interests. Save for the submission made by your counsel, there is no evidence one way or another as to your state of mind on the night as to whether you held an honest, but unreasonable, belief in consent. In that circumstance I cannot make the finding urged on me. I am not prepared to find, as your counsel submitted, that you had an honest belief in consent and that this reduces your moral culpability.
64Given the above I find that your offending is objectively serious, though below the mid-range for offending of this type, and your moral culpability is high by reason of the matters set out above.
Purposes of sentencing
65Section 5(1) of the Sentencing Act 1991 sets out the relevant purposes for which a sentence may be imposed on you:
(a)to punish the offender to the extent and in a manner which is just in all of the circumstances;
(b) to deter the offender or other persons from committing offences of the same or similar character;
(c) to establish conditions within which it is considered that the offenders rehabilitation may be facilitated;
(d) to manifest the denunciation of the type of conduct the offender engaged; or
(e) to protect the community from the offender; or
(f) a combination of two or more of those purposes.
66Each of these purposes are relevant in the sentencing synthesis in your case. I place lesser weight on the need for community protection given your previous work history, lack of any prior convictions and otherwise good character.
Guilty plea
67You did plead guilty and I take this into account as evidence of your remorse. However, the plea was after a committal and just prior to trial in this matter by a matter of weeks. It is necessary to note that the victim had already been cross-examined in the course of the committal and had begun making preparations for pre-trial conference. I would not treat this as a plea at the earliest time, though it saves what would undoubtedly have been a difficult and traumatic trial for those involved.
68I will discount your sentence by only a modest amount on accordance of your plea of guilty.
Rehabilitation
69It was put that your rehabilitation prospects should be regarded as good given your plea of guilty, the lack of relevant criminal history, the fact that you have family support and that you suffer from no mental illness. The prosecution submits that there is no evidence of family support given there was no presence in Court of your wife or adult children and no letter in support from them.
70In assessing your prospects of rehabilitation, I take into account that the offending in this case was somewhat opportunistic and occurred in circumstances where you were disinhibited by alcohol. Furthermore, you do not have any prior convictions.
71As set out above I consider your plea is some evidence of your remorse. You have not previously been found guilty or convicted of any relevant criminal offences. Your references speak of your good character and you generally have a good work record save for the workplace injury that you sustained, it seems that you would have been in work.
72There is some concern as the references from the three referees speaks of knowing you from work (Mr Nelson) and then through children’s sport (Mr Armin and Mr Gucalli). They are reasonably recent acquaintances. It is notable that you had no family support in Court from your eldest children or your wife.
73Despite this limited material, the work history and lack of prior involvement with the law, gives me some confidence that you will return to the community after your sentence to be able to continue the life you previously lived without further interaction with the law. Overall I consider your prospects for rehabilitation to be reasonable to good.
Sentencing Principles
74General and specific deterrence are both engaged in sentencing you.
The message must be sent out by the sentence I impose that women are entitled to sexual autonomy and men who think they can override that will be punished. The message must also be sent to you that your behaviour was totally unacceptable and you must never behave in this way again.75The sentencing principles of denunciation and just punishment are also relevant.
76You were a decent and community-minded individual before this offending. This is reflected in the references and from your work history.
77I am prepared to assess your conduct as a one-off, albeit extremely serious lapse of judgment and conduct in what has otherwise been a good and productive life.
78I take into account this is your first time in custody. It was put that imprisonment would have a considerable effect on you for two particular reasons. First, that you require massage and physiotherapy for your back condition on a regular basis and have required this since 2019, which will not be available in custody. As a result, your experience of imprisonment is likely to be more burdensome than it otherwise would be if you have normal health. Second, that the knowledge that you are leaving your wife and three young children at home would weigh on you.
79I accept that your time in custody will be somewhat more difficult by reason of your longstanding back injury as you will not have access to physiotherapy and massage.
80I have regard to the to the principle of parsimony.
81I take into account the maximum penalty for the offences and I also take into account the standard sentence for the offence of rape. A standard sentence is not the same thing as a mandatory sentence, nor is a standard sentence the primary sentencing consideration or the starting point, from which to add or subtract time. It is but one matter that I must take into consideration and I do so. I must explain how the sentence I impose relates to the standard sentence and I have in these reasons endeavoured to set out fully the facts, matters and circumstances I have taken into consideration in sentencing you.
82Given my assessment of the gravity of your offending as below mid-range, your high moral culpability and the mitigatory matters upon which you rely, I intend to sentence you to a sentence that is less than a standard sentence.
83By the sentence I impose I must denounce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.
84Considering the circumstances of your offending, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you, I sentence you to a period of 6 years and 3 months (75 months) with a non-parole period of 4 years (48 months).
85But for your plea of guilty, I would have sentenced you to 8 years and 3 months (99 months) and a non-parole period of 5 years and 9 months (69 months) accordance with s6AAA.[13]
[13] Sentencing Act 1991
86I declare 14 days of pre-sentence detention reckoned as time served, not including the day of sentence.
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Short summary
1Callum Denton, you have pleaded guilty to one charge of rape. The charge of rape carries a maximum penalty of 25 years’ imprisonment.
2It indicates, very clearly, that the crime of rape is a very serious one. It involves the gross invasion of an individual’s liberty and person. This is inherently serious offending.
3Here your offending involved a gross breach of an established platonic relationship, even though it was situational and an isolated incident. You have known the victim since she was young. You were a trusted adult figure in her life. She viewed you as “a second father”. There is a significant age difference between you and the victim at the time of offending, some 24 years.
4The victim’s Victim Impact Statement was read in Court. It tells of the desolation that your actions have wrought on a young woman. She speaks of the loss of her boyfriend, her job, her trust in all men and the depression and loneliness. She is confined to her home on a regular basis. She hears your breathing in her quiet moments, and it haunts her in a way that is insidious and damaging.
“The event occurred in my room, in my own bed. So, when I would shut my eyes, that was my only vision. I could see him assaulting me, it would replay in my mind the exact way it happened. I could hear his heavy breathing and the things he said to me. I am not sure how to erase this from my memory. I still struggle to this day.”
5General and specific deterrence are both engaged in sentencing you.
The message must be sent out by the sentence I impose that women are entitled to sexual autonomy and men who think they can override that will be punished. The message must also be sent to you that your behaviour was totally unacceptable and you must never behave in this way again.6The sentencing principles of denunciation and just punishment are also relevant.
7You were a decent and community-minded individual before this offending. This is reflected in the references and from your work history.
8I am prepared to assess your conduct as a one-off, albeit extremely serious lapse of judgment and conduct in what has otherwise been a good and productive life.
9Given my assessment of the gravity of your offending as below mid-range, your high moral culpability and the mitigatory matters upon which you rely, I intend to sentence you to a sentence that is less than a standard sentence. Taking into account all matters I am required to under the Sentencing Act and matters personal to you, I sentence you to a period of 6 years and 3 months with a non-parole period of 4 years (48 months).
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