Director of Public Prosecutions v Devereux
[2025] VCC 1077
•29 July 2025
| IN THE COUNTY COURT OF VICTORIA AT MILDURA CRIMINAL JURISDICTION | Revised Not Restricted Suitable for Publication |
CR 24-00997
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MAXIMUS DEVEREUX |
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JUDGE: | HIS HONOUR JUDGE KELLY |
WHERE HELD: | Mildura |
DATE OF HEARING: | 22 July 2025 |
DATE OF SENTENCE: | 29 July 2025 |
CASE MAY BE CITED AS: | DPP v Devereux |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1077 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sexual assault – common assault – prohibited person possess firearm – possession of a drug of dependence – possession of a Schedule 4 poison – offending on lower end of seriousness – youthful offender – limited criminal history – good prospects of rehabilitation – family support – remorse – early guilty plea
Legislation Cited: Sentencing Act 1991 (Vic) ss 5, 6AAA
Sentence:3 months’ imprisonment followed by an 18-month Community Correction Order. PSD: 3 months imprisonment. S6AAA: 6 months imprisonment with a 24-month community corrections order.
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APPEARANCES: | Counsel | Solicitors | |
| For the Director of Public Prosecutions | Mr D. O'Doherty | Office of Public Prosecutions | |
For the Accused | Mr C. Morgan |
|
HIS HONOUR:
1Maximus Devereux, you have pleaded guilty to one charge of sexual assault, one charge of common assault, one charge of prohibited person possessing a firearm, one charge of possession of a drug of dependence, and a related summary charge of possession of a Schedule 4 poison.
2The maximum penalties for these offences are as follows:
·Sexual assault — 10 years' imprisonment;
·Common assault — 5 years' imprisonment;
·Prohibited person possess a firearm — 10 years' imprisonment;
·Possession of a drug of dependence — 30 penalty units or one year imprisonment or both;
·Possession of a Schedule 4 poison — 10 penalty units.
Summary of offending
3On 3 November 2023 you attended Rumours Nightclub with a friend. You bumped into the victim there, Anna Fairbank.[1] In the early hours of 4 November 2023, the victim's friend drove you both to your house. The victim went to your bedroom and sat on the edge of the bed, she was cold, you gave her your shirt to wear. She left the room but returned a little later and sat on your bed again. You sat next to her and asked her repeatedly to have sex with you. She said 'no'. You pulled her back onto the bed, so you were lying next to her, and reached up her skirt, touching her vagina over her underwear. She pushed your hand away, telling you 'no'. This offending is the subject of Charge 1, sexual assault.
[1]A pseudonym.
4A little later you stood up and showed the victim a knife. You then went to your wardrobe and produced a bag. You walked to the ensuite basin and retrieved a rifle and small black magazine from the bag. You held the rifle in one hand, waved it around and pointed it at your head. You put the gun down saying 'relax, it's not even loaded'. You attached the magazine to the firearm. The rifle was not loaded but your victim thought it was. This offending is the subject of Charge 2, common assault.
5On 15 November 2023, investigators executed a search warrant at your home. In your bedroom they located several items including a 0.22 calibre rifle with a sawn-off barrel and butt, three Ziploc bags of cocaine, and numerous prescription medicines including Valdoxan, Spedra, and Duramol. This offending is the subject of Charge 3, prohibited person possess firearm, Charge 4 possession of a drug of dependence, and summary Charge 8, possession of a Schedule 4 poison.
Circumstances of offender
6You were raised in Mildura. You were 20 years old at the time of offending. You have a close and supportive relationship with your family including your father who gave evidence on your plea. At the time of this offending, you were living at your father's house, but he was working in Western Australia and had been away for 14 months. I was told that your drinking and drug use significantly increased when you lived alone in your father's house. Your parents are divorced but your family remains supportive.
7A final progress report dated 17 June 2024 from the Court Integrated Services Program was tendered on your plea. It outlines your history with consuming alcohol, starting from the age of 15 years of age. At 19 years of age, you reported drinking daily and prior to your remand you said you were drinking
10 beers a day during the week, and much more on the weekend. You acknowledged that you had a 'serious problem with alcohol'.8You reported that age 16 you used cannabis once or twice a week. This increased to daily consumption at 19 years of age. You reported that you stopped using cannabis at age 20. You started using amphetamine and ecstasy at around 19 years of age. You experimented with LSD and cocaine a little later. You apparently no longer use LSD and ecstasy but at the time of your remand, you had been using cocaine and amphetamine.
Defence Submissions
9Mr Morgan on your behalf submitted that a community correction order with some time served would be an appropriate disposition in the circumstances.
Prosecution Submissions
10Mr O'Doherty on behalf of the prosecution submitted that a combined sentence is within range, conceding that time served to date would satisfy the custodial component.
Gravity of Offending & Moral Culpability
11Mr Morgan acknowledged that all sexual assaults are serious but submitted that your offending sits at the lower end of the scale. As to your possession of a firearm, he submitted that you naively thought it was 'cool'. He conceded that your handling of the firearm would have terrified Ms Fairbank. You were behaving oddly and erratically at the time.
12Mr Morgan submitted that the firearm was gifted to you by your late uncle. Your father, Keiran Devereux, gave evidence that the firearm appears to be the same one that was used on the family farm near Ballarat. He said that he was unaware that you had the firearm.
13Mr O'Doherty submitted that every sexual assault is a serious offence and the impact of your offending on your victim has been profound.
14Ms Fairbank read her victim impact statement to the court. In it, she described feeling anxious and hypervigilant since the offending. She said she experiences flashbacks, struggles to trust the men in her life, and described feeling mentally and physically drained. She said she feels anxious going back to Mildura and lives every day in fear. She had dreamt of returning to Mildura to start a family, but your offending has engendered powerful negative emotions associated with the city and she cannot envision doing that now.
15Yours is a lower end example of a serious offence. In saying that, I do not minimise the very powerful negative impact your offending has had on
the victim. She is to be applauded for the pluck and fortitude she exhibited in reading her victim impact statement.
Prospects of Rehabilitation
16Mr Morgan submitted that you have not used alcohol or drugs since your arrest. Your father gave evidence that you have been living with him and to his knowledge, you have not consumed alcohol or taken drugs since you were released from custody. He said that you have become much more focused and driven.
17You were supported in court by your parents and your siblings. Mr Morgan submitted that your family is committed to your rehabilitation, and you are welcome to live with your mother, if your placement with your father does not work out.
18You are currently completing a painting apprenticeship and your employer, Dwayne Reardon, described you as respectful, courteous and kind. He said that you are a vital cog in his business, and you have a key role in the future of his enterprise. He said that you have been open and honest about the charges against you.
19A close friend of your fathers, Brett McKinnon, provided a character reference to the court. He is a mental health nurse practitioner. He has known you for 17 years and considers you respectful and courteous. He said that you have expressed remorse for your offending, and you are keen to improve yourself.
20Another family friend, Samantha Proud, also provided a character reference. She has known you for over 20 years and views you as a respectful, kind-hearted, polite and considerate person. She said that you have expressed remorse and an understanding of the seriousness of your offending, in conversations with her. She said that over the past year you have made meaningful changes to your life focusing on your work, wellbeing, and connection with your family, to learn from your offending. She believes that you are capable of positive change.
21You have a modest criminal history. You were fined in 2022 for a charge of robbery. Earlier that year you were fined for being drunk and disorderly. The three months you spent on remand for these charges was your first taste of custody. You have not undergone any offender specific programs whilst in the community, but Mr Morgan confirmed your willingness to enrol in such programs.
22Mr O'Doherty acknowledged the steps you have undertaken to affect your rehabilitation, but expressed concern that your motivation might wane, once you have been sentenced. He submitted that if I was to impose a community correction order, it should include conditions to ensure that your progress and rehabilitation are adequately monitored.
23You have very good prospects of rehabilitation, particularly if you continue to abstain from alcohol and drug use. You have employment, family support, and a limited criminal history. I accept that you are unlikely to reoffend in this way again.
Guilty Plea
24Mr Morgan submitted that you pleaded guilty at the earliest opportunity and indicated a willingness to plead to the firearm and drug charges earlier still. He submitted that your other pleas were the product of fruitful discussions with the ageless Mr O'Doherty. I accept that you pleaded guilty at a relatively early stage. I also accept that your pleas of guilty reflect remorse and responsibility for your actions, notwithstanding that you offered to plead to sexual assault was made at the door of the court.
Sentencing Principles
25Pursuant to s5 of the Sentencing Act1991 the purposes for which you are to be sentenced are:
(a), to punish you in a manner and to an extent which is just in all of the circumstances;
(b), to deter you or others from committing similar offences in future;
(c), to facilitate rehabilitation;
(d), to manifest the denunciation of your conduct;
(e), to protect the community; or
(f), a combination of two or more of these purposes.
26All sexual offending is serious and involves a repugnant and insidiously violent invasion of the victim's body. Offending of this type must be denounced. Its impact on the victim has profoundly damaged her ability to trust and enjoy life. General and specific deterrence have key roles to play in my sentence.
27Your brandishing of a sawn-off firearm also needs to be denounced. It was a very unsettling performance and one that, unsurprisingly, disturbed the victim. That said, you are young, and you are capable of learning and contributing to the community. I intend to sentence you so that your rehabilitation is promoted. It is in the community's best interests to reclaim and reform you so that you can contribute positively.
CCO Conditions
28What I am proposing to do at this stage as part of your sentence is to record convictions and place you on a community corrections order for a period of 18 months from today's date. Before I ask you to consent to such an order being made, I have to tell you a little bit about the order so that you know what it means.
29The following core conditions apply to all community correction orders:
(a), you must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
(b), you must report to and receive visits from the Secretary to the Department of Justice or his/her nominee during the period of the order.
(c), you must report to the Community Corrections Centre at Mildura within two clear days following your release from custody.
(d), you must notify the Secretary or his/her nominee of any change of address or employment within two clear working days after that change.
(e), you must not leave Victoria except with the permission of the Secretary to the Department of Justice or his/her nominee.
(f), you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the order.
30There are a number of other conditions attached to the order which apply to you:
(a), you will need to perform 200 hours of unpaid community work over a period of 18 months, as directed by the Regional Manager. 100 hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
(b), you must be under the supervision of a Community Corrections officer for a period of 18 months.
(c), you are required to be supervised, monitored and managed as directed by the Secretary or his/her nominee.
(d), you must undergo assessment and treatment including testing for drug abuse or dependency as directed by the Regional Manager.
(e), you must undergo assessment and treatment including testing for alcohol abuse or dependency as directed by the Regional Manager.
(f), you must undergo mental health assessment and treatment including but not limited to mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager.
(g), you must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager.
(h), you must attend for review of your progress and compliance or otherwise with conditions of the order, and you have got to come back before me on Thursday 22 January next year at 9.30 am.
31I direct that I be advised by your Corrections officer of any non-compliance with these conditions and I will then determine if the matter should be brought back before me.
32I should advise that if you contravene, that is if you breach that order by committing further offences, you can be charged, and a sentence of imprisonment is one of the options that can be imposed for that breach.
33You can also be resentenced for the charges that are before me. One of the options available includes a term of imprisonment. So, for those reasons, you need to be very careful for the next 18 months. You cannot commit any further offences that might incur a term of imprisonment, otherwise you come back before this court and you will be resentenced on these charges.
34I also advise that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Correct worker, as part of this order, a substantial fine can be imposed.
35Now, do you understand all of that?
36OFFENDER: I do, Your Honour.
37HIS HONOUR: Very well.
Sentence
38On Charge 1, sexual assault, you are convicted and sentenced to two months' imprisonment followed by an 18-month community correction order.
39On Charge 2, common assault, you are convicted and sentenced to one month imprisonment.
40On Charge 3, prohibited person possess a firearm, you are convicted and sentenced to one month imprisonment.
41On Charge 4, possession of a drug of dependence, you are convicted and sentenced to a fine of $2,000.
42On summary Charge 8, possession of a schedule 4 poison, you are convicted and discharged pursuant to s73 of the Sentencing Act 1991.
43Charge 1 is the base sentence. The sentence on Charge 3 is to be served cumulatively upon the sentence on Charge 1. The sentence on Charge 2 is to be served concurrently with the sentence on Charge 1, producing a term of three months before the commencement of your community correction order.
44I declare that you have served three months by way of pre-sentence detention.
45There are two forfeiture orders, and one disposal order sought in this matter, and I grant those in the terms sought save in relation to the black iPhone.
46Pursuant to s6AAA of the Sentencing Act, I declare that but for your pleas of guilty I would have convicted you and sentenced you to six months' imprisonment followed by a two-year community correction order.
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