Director of Public Prosecutions v Dexter (a pseudonym)
[2021] VCC 907
•5 July 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PATRICK DEXTER (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE GUCCIARDO |
WHERE HELD: | Melbourne |
DATE OF HEARING: | |
DATE OF SENTENCE: | 5 July 2021 |
CASE MAY BE CITED AS: | DPP v Dexter (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2021] VCC 907 |
REASONS FOR SENTENCE
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Subject:
Catchwords: Sexual penetration with a child under 16 – Persistent sexual
abuse of a child under 16 – breach of trust – in loco parentis –
five complainants – youthful offender for sex charges –
Legislation Cited:
Cases Cited:
Sentence:Total effective sentence of nine and a half years with a non-parole period of six years and three months.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms K. Westlake | Director of Public Prosecutions |
For the Accused | Ms J. Ball | Michael Brugman – Criminal Lawyers Geelong |
HIS HONOUR:
1Patrick Dexter,[1] you pleaded guilty to eight charges of sexual penetration with a child under 16 years of age and one charge of persistent sexual abuse of a child under 16. These offences were committed between August or September 2003 and 2011 against five victims.
[1] A pseudonym.
2The circumstances of the offending were outlined in a detailed prosecution opening which was accepted and which is the factual basis upon which I sentence you. As an overview, the offences were committed against, as I have indicated, five victims.
3In order to protect their identity and privacy, I will use letters to nominate them rather than their full name; and when the sentence is published, for the same reason I will anonymise the sentence by the use of a pseudonym instead of your name.
4The general background to your offending was this. In August or September 2003, you commenced a sexual relationship with Danielle Stuart[2] who was 14 years of age. Shortly after the relationship began, you moved to live with Danielle and her mother at their home. Your relationship continued through Danielle's teenage years. When it commenced, you were 20 years old.
[2] A pseudonym.
5Between September 2003 and December 2004 after moving to live with Danielle and her mother, however, you began to associate Alexandra Mason,[3] Kiki Norris[4] and Jaqueline Thomas[5] who were each 14 or 15 years of age and friends or acquaintances with Danielle. You groomed them and invited them to spend the night with you and Danielle and encouraged them to engage in sexual activity with both yourself and Danielle while you were present.
[3] A pseudonym.
[4] A pseudonym.
[5] A pseudonym.
6In 2009, when Danielle was 20 years of age you were married. Sometime before 2010, you moved to live in your own home. You continued to reside with each other until you separated in October 2012.
7In late 2010 when you were 27 years of age, Anastasia McMahon[6] who was 14 years of age and had nowhere else to live moved to live with you and Danielle Stuart at your home. On an occasion after she celebrated her 15th birthday, you sexually penetrated Anastasia at your home. You maintained that sexual relationship with her until she celebrated her 16th birthday and throughout that period, regularly engaged in sexual activity with her.
[6] A pseudonym.
8In relation to Danielle Stuart, in 2003, she was a 14-year-old Year 9 student at school. She was vulnerable at that time as her mother was unwell and she was the only person living with her and had care of her. At that time, you were working as a DJ at an ice arena. You were 20 years of age.
9While Danielle attended the ice arena, she met you. Shortly after meeting her, you moved to live with her and her mother at their home. After moving in, you shared a bed and you lived together as boyfriend and girlfriend. Shortly after you moved to live with her and her mother you sexually penetrated her and commenced a relationship with her. You have pleaded guilty to five charges of sexual penetration of a child under 16 which involved Danielle. Those offences occurred between August 2003 and December 2004. During that period, Danielle was between 14 and 15 years of age and you were between 20 and 21 years of age.
10In relation to Alexandra Mason, in 2003 Alexandra was 14 years of age. She lived with her father and brother close to the home of Danielle and her mother. She was a friend of Danielle and as her father worked shift work which meant that he returned home late, she would regularly stay with Danielle and her mother. On an occasion in 2003, after she had an argument with her father, Alexandra stayed overnight with Danielle. She slept in her bedroom with you and Danielle. During that night, you engaged in sexual activity with both Danielle and Alexandra.
11In relation to Kiki Norris, in 2004 she was 14 years of age. Kiki had known Danielle since they attended kindergarten together. In early 2004, Danielle invited Kiki to stay at her home overnight and during that night, you engaged in sexual activity with both of them.
12In relation to Jaqueline Thomas, in 2004, Jaqueline was 14 years of age. She had mutual friends with Danielle. And in December 2004, both of you spent time with Jaqueline and a mutual friend on a local boat cruise. She did not know either you or Danielle until she met you on the cruise. After the cruise, you and Danielle invited Jaqueline and the mutual friend to come back to your home. After the mutual friend left, you and Danielle told Jaqueline she could sleep in your room and during that night you engaged in sexual activity with both Jaqueline and Danielle.
13In relation to Anastasia McMahon, in November 2010, she was 14 years of age and vulnerable and homeless. After getting to know her, you and Danielle invited her to stay with you and she was given her own room. On an occasion in 2011 after her 15th birthday, you sexually penetrated Anastasia in her bedroom. You subsequently engaged in sexual activity with her which included sexual penetration. You have pleaded guilty to a charge of persistent sexual abuse of a child under 16 in relation to Anastasia.
14During the period of that offence which occurred between February 2011 and 3 December 2011, Anastasia McMahon was 15 years of age and you were 27 years of age.
15For the sake of clarity, it should be stated that upon arraignment, you pleaded not guilty to Charge 1 which was adjourned and you pleaded guilty to charges remaining being Charges 2 to 10.
16The details of the charges themselves, 2 to 9, are summarised in this way.
17Charge 2: In about July 2003, Danielle met you as you were working at an ice arena as a DJ. You obtained a mobile phone and MSN Messenger account details from her friends and subsequently contacted her. You contacted her and she told you about her mother. Her mother told Danielle to back off because of your age difference. Danielle told you about the discussion that she had with her mother and you subsequently made arrangements to go around to her house and talk her mother purportedly.
18Between 25 August 2003 and 10 September 2003, it was arranged that you would come to Danielle's home to meet her mother. However, rather than going inside while her mother was home, you waited outside the house until Danielle's mother let the house. You were aware that Danielle's mother had a medical appointment that day and later told her that you were waiting down the road until her mother left so you could be alone with her.
19When you went into the house, you were shown around and you went into her bedroom. You sat next to Danielle on her bed and kissed her. You removed her jeans and underwear and placed a condom onto your penis. You then lay on top of her and placed your penis into her vagina. She was scared and intimidated and didn't know what to do so she just lay on the bed and didn't say anything.
20You so penetrated her for about five minutes before you got off her, removed the condom and tied a knot in the end and put it in the wrapper before putting it into your pocket. R then went to the toilet and immediately called a friend and told her what had happened. She was a virgin at the time.
21Charge 3: In September 2003, Danielle's uncle died. She was close to her uncle and was finding it hard to cope with caring for her mother. As she was struggling, she asked you if you could come to her house and help her watch out for her mother. You agreed to help out and subsequently spent a lot of time at her home. After 11 September, you did not leave Danielle's home and effectively moved in to live with her and her mother. Despite the age difference, you slept with Danielle in her bedroom. At that time, Danielle's mother was heavily medicated and did not seem to notice.
22On or about 13 September 2003, you were in bed with Danielle and you were watching a movie. You kissed her and removed her underwear before you lay on top of her and penetrated her vagina with your penis.
23About three weeks after you moved in, Danielle asked her mother if the two of you could use the master bedroom and her mother agreed. Danielle told investigators that there were other times that she engaged in sexual activity with you during that time but she was unable to remember the details.
24Charges 4 and 5 relate to Danielle Stuart and Alexandra Mason: On the night between 25 August 2003 and 31 October 2003, Alexandra stayed overnight at the home of Danielle Stuart after she had an argument with her father. It was agreed that she would sleep on a mattress that had been placed on the floor in Danielle's bedroom. During the night, they watched a movie while you were in bed and Alexandra was lying on the mattress on the floor.
25You had all consumed a small amount of alcohol. You asked Danielle and Alexandra if they had ever had a threesome. You then told them that you would tell their parents that they had been drinking alcohol if they did not do things with you. You kissed Danielle and you moved onto the mattress with Alexandra. You removed Danielle's pants and took a condom from the drawer beside the bed and placed it onto your penis. You then placed your penis into Danielle's vagina and sexually penetrated her while you were close to Alexandra.
26You then told Danielle to 'go down' on Alexandra and helped her to remove her pants. Alexandra then licked Danielle's vagina for a short time. You then got on top of Alexandra and placed your penis into her vagina. You penetrated her while you were with Danielle on the mattress. When you had finished penetrating her, you removed the condom and tied a knot at the end of it.
27Charges 6 and 7 concern Danielle Stuart and Kiki Norris. On the night between 1 October 2003 and 13 March 2004, Danielle Stuart was exchanging SMS messages with a friend Kiki Norris when you arranged to go to her home and collect her and take her back to your home for the night. You then purchased some alcohol. Danielle and Kiki consumed about four vodka cruisers while they were watching tv and chatting. They then decided that it was time to go to bed.
28They were all going to sleep in the same bed and you told them that you wanted to sleep in the middle. But Kiki snuggled up to Danielle so you laid behind her on the side of the bed. You reached over Kiki and grabbed her breast over her T-shirt. You then placed your other hand down the pants and rubbed her clitoris. Kiki and Danielle then engaged in sexual activity with each other for a period of time before they stopped and sat on the end of the bed. You moved round so that you were in front of them and removed your penis from your pants and then placed your penis into the mouth of Danielle and Kiki who took turns performing oral sex on you.
29You then took a condom from a bedside table, placed that onto your penis. You waved Kiki over to you and she lay on the bed before you climbed onto her and placed your penis into her vagina while Danielle was kissing her. You penetrated Kiki's vagina for a period of time. You called Danielle over to the bed and you climbed on top of her and placed your penis into her vagina while Kiki was nearby. After you ejaculated, you removed the condom and tied a knot at the end.
30Charges 8 and 9 concern Danielle and Jaqueline Thomas. On a day between 1 December 2003 and 31 December 2004, during the school holidays in December, Danielle and you were working a party boat. Before you went on the boat, you met Jaqueline Thomas and her friend who I shall refer to as Richard Bowen.[7] Danielle knew Richard and invited him and Jaqueline to go for a cruise around the bay and then go back to their place for a catch-up. The group went on the cruise and then went back to Danielle's home. It was arranged that Jaqueline would stay the night at your home. After Richard left, Jaqueline was sitting on the couch in the lounge room watching a movie. You told her that she did not have to sleep on the couch and invited her to sleep in your bed.
[7] A pseudonym.
31You, Danielle and Jaqueline went to bed and lay together in bed watching a movie. Jaqueline was laying between you and Danielle. Danielle fell asleep and after some conversation with Jaqueline, you placed your hand down her pants and rubbed her clitoris. You then woke up Danielle and Danielle took her pants off. You then took a condom from the bedside cupboard and placed it onto your penis. You then lay on top of Danielle and placed your penis into her vagina. You penetrated her while Jaqueline was close by.
32After you had penetrated Danielle for a few minutes, you stopped and lay on top of Jaqueline. You placed your penis into Jaqueline's vagina and penetrated her until you ejaculated. Danielle was holding her hand while you were sexually penetrating her. You then removed the condom from your penis and tied a knot in it.
33Charge 10 - persistent sexual abuse of a child under 16 concerns Victim Anastasia McMahon. On or about November 2010, Anastasia moved in to live with you and Danielle in your home. She was 15 years of age and was homeless at the time. You were 27 years of age. She was given her own bedroom.
34The charge of persistent sexual abuse of a child under 16 encompasses four specific occasions on which Anastasia was sexually penetrated by you when she was 15 years of age. Those occasions occurred between February 2011 and 3 December 2011 when you were 28 years of age.
35On the first occasion, Anastasia was 15 years of age when she was asleep in her bedroom. She woke to find you on top of her. You pulled back her doona and straddled her by sitting on her crotch. When she woke, Anastasia saw that you were placing a condom onto your erect penis. Without saying anything, you removed her shorts and underpants. You then placed your penis into her vagina and penetrated her until you ejaculated. After you had ejaculated, you heard a car pull up into the driveway and you jumped up and ran out of her room.
36The second occasion after the offence described above, Anastasia and you were home while Danielle was in the bathroom bleaching her hair. You grabbed her by the arms and lowered her onto the floor. As Anastasia was laying on her back, she anticipated that you were going to sexually penetrate her and told you not to because she was having her period and using a tampon.
37Nonetheless, you removed her pants and underwear and lay on top of her. You then placed your penis into her vagina. She felt pain. Your penis pushed the tampon deeper into her vagina. She told you to stop but you told her to shut up so that Danielle would not hear her and you continued to penetrate her until you ejaculated.
38Over the next few weeks, you sexually penetrated Anastasia on a number of occasions when Danielle was not at home. A third occasion, between 1 March 2011 and 31 March 2011, Anastasia accompanied you when you were working as a DJ at a function. You left the function about 11 pm. You drove her to a location where you stopped at the side of the road near a cricket reserve. You told Anastasia to get out of the car and you walked across to the cricket training nets. You then took her by the arms and lay her on her back on one of the cricket pitches.
39Anastasia told you that her back was hurting because she was laying on concrete. You told that her 'it won't take long'. You then removed her pants and lay on top of her before you placed your penis into her vagina and penetrated her until you ejaculated. She sustained bruising to her back as a result of you laying on top of her on the concrete cricket pitch. She did not tell Danielle or anyone about what had taken place.
40On a fourth occasion, Anastasia again accompanied you when you were working as a DJ at another function. You left about midnight and you drove home. You stopped your vehicle next to a playground. You told her to get out of the car and you walked to the playground. You climbed some stairs to a platform by a slide. You told her to come up with you.
41Anastasia climbed onto the platform and you pulled down your pants and exposed your erect penis. You told her to 'give you head'. Anastasia refused because you were at a children's playground. You grabbed her by the arms and pushed down onto her knees. You then grabbed her by the back of the head and forced your penis into her mouth. She tried to push you away but was unsuccessful because you were too strong. You penetrated her mouth for about a minute before you grabbed her by the arms and forced her to stand up.
42You then pulled down her pants and underpants, down to her ankles and turned her around so that she was facing away from you. You then penetrated her vagina with your penis for a few minutes. When you stopped, you turned her around to face you. You then took her by the arms and lay her on her back on the platform. You got on top of her and penetrated her vagina with your penis. You continued to penetrate her for a few minutes. You then stood up and masturbated in front of her until you ejaculated on the playground slide.
43In July 2018, you were arrested and interviewed. You were selective in your answers and made no admissions. You relied on your right to answer no comment when asked about the offences disclosed by each complainant. You admitted that you had been married to Danielle and had met her about 13 years earlier. You claimed that you could not recall how old she was when you met her. When asked if you knew Alexandra Mason, you relied on your right to answer no comment. When asked about Kiki Norris, you admitted that you knew her but could not recall her staying overnight at Danielle's home.
44When you were initially asked if you knew Jaqueline, you relied on your right to answer no comment. Later, you indicated that you had met her through Danielle but could not recall her being on the boat or being at your house. You later estimated that she was in her early 20s when you met her. When asked if you had a reason for committing the offences, you replied 'No'. You were released on summons and spent no time in custody since you were arrested, but you were remanded at the end of your plea.
45Victim impact statements were received by the court from Anastasia McMahon and Danielle Stuart. Anastasia's victim impact statement makes for sad reading and outlines the traumatic effect of your offending upon a young and vulnerable child. The court unfortunately hears accounts such as this and such impact every day and her experience is in line with the devastating impact of sexual abuse of children. She writes that soon after her first incidence of abuse, she became depressed and started to self-harm with frequent suicidal thoughts. Over the years, she tells of a few failed attempts of this extreme measure. She was diagnosed with anxiety by age 16 and post-traumatic stress disorder by age 19. The combination of these conditions is devastating and severely conditioned her growth, her health, her mental state, vocational and education endeavours. Hampered relationships have interfered with her self-esteem and self-regard.
46She mentions that your sexual abuse was accompanied by bullying of her, belittling and humiliation. She has been unable to keep jobs for any significant period. Her nursing studies have been interrupted and difficult, her self-image and self-worth questioned. Even now that she is a mother, she often struggles to leave her house unaccompanied. She is hypervigilant, distrustful of others and anxious in social and normal interactions.
47It appears that your persistent sexual abuse occurred in an atmosphere of coercive control which not only diminishes her life and enjoyment of life as a child to which she was entitled, but no doubt enabled your persistent offending against this vulnerable child.
48I take her victim impact statement into account.
49Danielle also provided her statement to the court. She writes of her innocence and naivete which made her vulnerable at age 14. She had little parental guidance and protection and you have taken advantage of that reality. She has experienced powerful emotions of guilt for exposing some of her friends to your abuse, that she was very young and immature. She married you at age 20 and by that stage, she writes that she felt subservient and lacking any independence. She is burdened with self-doubt about the abuse particularly of Anastasia McMahon, who was effectively in your and her care.
50The events giving rise to the charges have left her anxious and depressed, subject to post-traumatic stress disorder, eating disorders, physical illness and panic attacks. She distrusts people, has difficulty with keeping constant employment and is hyper vigilant. Her relationships are marred and strained by this history and traumatic memories and insomnia and damaged self-worth.
51I take her victim impact statement into account.
52Sexual penetration of a child under 16 carries a maximum penalty of 10 years' imprisonment and persistent sexual abuse of a child under 16 carries a maximum penalty of 25 years' imprisonment. By these maxima, the legislature has given clear indication of the seriousness of such offending. It is an important factor which I take into account in the sentencing process.
53It is clear that these offences can be committed in the context of a variety of circumstances and a spectrum of objective gravity which must be evaluated by looking at many factors. The maxima reflect and reinforce the value the community places on the protection of children from the sexual predations of adults, particularly those that are in the care of adults.
54This aspect raises the aggravating feature present in this case of a gross breach in trust, particularly in the care of Anastasia McMahon who was vulnerable because her personal background and situation generally was poor. In a lesser sense but one which will nevertheless bespeak of a breach of trust is that in relationship to Danielle Stuart who was a child herself when you began your relationship and which you then continued in relationship with during time you abused both her and others and whom you married into another bond of trust which was breached by your conduct.
55The period of your offending in relation to the first set of Charges 2 to 9 is relevant as well as the fact that there are four young victims in that period. The disparity of your age with your victims is another factor to take into account. Although it is notable for its disparity, I also note that in that set of offending, you are a youthful offender, aged 20 or 21 yourself.
56The disparity of your age with Anastasia McMahon in relation to the persistent sexual abuse of her, a child of 16, is more serious by way of being an aggravating feature of your offending. By 2011, you were 27 or 28 years of age while Anastasia was a child under 16. Additionally, you are dealing with her particularly on the occasions at the cricket pitch and at the playground are egregious examples of exploitative, degrading, physically hurtful and depraved behaviour for your own sexual gratification.
57In the first set of offences, the sexual contact not only with the child but your enabling of others to participate in sexual intimacy with Danielle Stuart bespeaks of the corrupt use of your prepotence over her.
58The law recognises also that sexual offences are essentially crimes of violence that come to offer irreparable, severe and long-lasting physical and psychological harm to victims like in this case. By perpetuating this kind of abuse, particularly against Anastasia McMahon, you have not only violated her physical integrity but caused long term damage in these realms.
59A child under 16 cannot consent to sexual penetration. This prohibition serves to protect the child from the harm that comes from premature sexual activity and to deter adults who contemplate having sex with someone under the age of 16. It is founded on the presumption that such premature sexual activity will cause long term physical and psychological harm and in unaffected by the presence of apparent consent.
60The offence here involved a significant amount of grooming for your own gratification of all victims. You were in effect in loco parentis to Anastasia McMahon as I have stated in evaluating the gravity of your offending. On occasions, you did not use a condom during the commission of the offences and first occasions commenced when Anastasia was asleep in her bed.
61On the second occasion, Anastasia was experiencing her menstruation and had a tampon in place. Despite this, you had vaginal sex with her, pushing it deeper into her and causing her pain. Some of these offences, 6 and 7, are rolled up counts and Charge 10 is based on at least four occasions although the offending as to Anastasia and Danielle occurred in the context of other occasions and not in isolation.
62A particularly pernicious aspect of persistent sexual abuse is that the repetition of the abuse heightens the victim's fear that abuse will occur again and to increase the damage which she suffers. The repetition is likely to make the offender progressively more aware of the effect the abuse is having on her. See DPP v DDJ [2009] VSCA 115 at 32.
63In each of these respects, your culpability is heightened, and I find that in respect of this offence, your moral culpability is of the highest order. It is incumbent upon the court to impose sentences which will give effect to specific and general deterrence. A society which fails to protect its children from sexual abuse by adults, as was authoritatively stated in R v Esposito unreported Supreme Court of Victoria Court of Criminal Appeal 14 September 1992, particularly those entrusted with their care is degenerate.
64Your exploitation by subordination of these children to your perverted indulgences, the gross breach of trust involved call for a sentence where deterrence is primary. I also note the notion of social rehabilitation of victims discussed in DPP v DJK [2004] 10 VR 234 at 237 and 238 which in my view is applicable particularly in this case.
65I take into account your plea of guilty. It was made at a relatively early stage in the proceedings. This plea has a utilitarian value of having avoided a criminal trial where the victims would have had to give evidence again. They have been spared that ordeal and there has been the saving of time and resources of the court.
66The aspect of remorse is more difficult to assess. The plea is an indicator of some remorse. How well formed this aspect of the plea of guilty may be gleaned from some sources like the record of interview from which no clear indication appears and in other material like the report of Carla Lechner, a clinical psychologist - I will come to the contents of that in a moment.
67As to remorse in my view, my view is that your low level of insight regarding the impact of your behaviour and lack of awareness as to your culpability reflects only the inception of remorse. Nevertheless, your plea will reduce your sentence. The plea also has an added value at a time of recurrent pandemic in our community which has rendered problematic and difficult the delivery of justice through the criminal justice system and correctional services during this period.
68There must be a recognition by way of amelioration of sentence that a plea has added value at this particular time which facilitates the course of justice. This aspect will also impact on the way the term of reclusion is served in prison at a time of frequent lockdowns, restrictions on daily movement, access to visits, to programs and to other contacts all of which add to the burden of incarceration. And I will again return to this later. I take this value and this aspect into account.
69I take your personal circumstances into account. I note that although you do have prior convictions, they are both relatively old and somewhat irrelevant. In 2002, aged 19, you were convicted of three counts of arson for which you received 24 months' Youth Training Centre order. In 2008, you were fined for a theft. I do not consider that this history diminishes your status of a person of good character at the relevant time as was conceded by the prosecution its submissions.
70You were born in Australia but moved to live in New Zealand at an early age. At age 13, you returned to Australia and lived with a married stepsister. Your mother had moved to Australia as well and in early 97, aged 14 years of age, you went to live with her and other family members.
71Three years later, the family decided to make the move from New Zealand permanent and you remained in that family home. In 2003, you met Danielle and moved in to live with her and her mother. You were 20 years old.
72Your age of 20 to 21 for the first set of offences I noted. The principles as to youthful offenders apply to you. This was also fairly conceded by the prosecution submission. Your relative youth impacts on the sentence to reduce your moral capability. The youthfulness of an offender operates to make rehabilitation a primary consideration which mitigates sentence. It is so particularly where the offender's conduct is marked by immaturity and the events are not prosecuted until years later.
73In my view, this aspect should be recognised by some mitigation of sentence. But in this case, the extent by which this aspect ameliorates the application of general deterrence is conditioned on the presence of greater maturity at sentence accompanied by a significant degree of rehabilitation. I am not persuaded that these two aspects can be given significant weight in your case given the assessment made by Ms Lechner to which I will refer to in a moment.
74Nevertheless, I acknowledge that as far as Counts 2 to 9 are concerned, your relative youth must be taken into account in some moderation of sentence. It was submitted that between ages 9 to 12 you were sexually abused by a babysitter on three or four occasions. This alleged abuse was undisclosed to your family but has recently given way to a 'deep sense of shame' as reported to Ms Lechner.
75At school, you experienced bullying and subsequent social isolation. As a youth, you involved yourself with Scouts and Cadets and volunteer CFA work. When only 15 years old, your running coach died in the Linton bushfires and given his mentorship of you, you felt this loss acutely. You were also affected by the discovery of a dead person, again, when young.
76Having completed Year 12, you have had a good employment history in various work including hospitality, driving and factory work. In 2020, you started a mowing business in partnership. Your first significant relationship was with Danielle whom you married in 2009. You separated and then divorced in 2016. You have one daughter who is two years old whose mother you are in a relationship with for three years up till 2020. It was said she remains supportive.
77A report from Carla Lechner dated 13 April 2021 was received as well as an addendum to her report dated 4 May 2021. Ms Lechner, a clinical psychologist, writes that you currently presented with symptoms of an adjustment disorder with depression and anxiety reactive to the breakup of the relationship mentioned before and these court matters. She noted on the first page of her report that you have a tendency to minimise the extent of your sexual offending. You present at a low to moderate risk of reoffending but specialised offender assessment and treatment is recommended by her. She opined that you appear to have had haemophilic sexual interests as a young adult which you find hard to accept possibly due to a sense of shame. Ms Lechner gave a personal history of your background. You reported that your family life as good and that in relation to allegations of sexual abuse by a babysitter, she noted you stated that 'at the time I didn't think anything of it’. This involved, you said, 'the daughter of a friend and oral sex and rubbing of genitals.' It was said that as you grew older you experienced a sense of shame about it.
78In 2004, after leaving school, you bought a deejaying business and was an event manager for a few years. You later had other work, I have mentioned, culminating in the mowing business.
79She described your life in the CFA and the incidents mentioned above but found that post trauma symptoms had now symptoms. The prior for arson which ended your career in the CFA related to you and some mates setting fire to an abandoned house. You told Ms Lechner that you felt suicidal most days but that thought of your daughter stopped you. You do not currently evidence post trauma symptoms.
80You are of average-low intelligence and at p3, she described your depressed mood state. Although your ex‑partner remains supportive, you have little by way of support from family and friends. Ms Lechner conducted psychometric testing which she outlines at p4 of her report. These confirm your severe psychological distress and extreme depression and anxiety.
81As for the offending behaviour, Ms Lechner writes that as to the first series of charges, you appear to have little insight regarding the impact of your behaviour on the victims or the psychological control you exerted by virtue of your age.
82As to the second persistent abuse, she writes this is the most concerning as you were significantly older and Anastasia McMahon was a vulnerable young girl, a DHHS client whom you and Danielle took into their home. I pause to comment that this placement raises real concerns into the abuse of children like Anastasia under the supposed supervision by a State agency.
83You minimised the impact of your behaviour in the context of you and Anastasia McMahon eventually developing a long term relationship. It is clear you have little understanding as to the mischief you engaged in for your own bare gratification. You were reluctant to discuss the charges with Ms Lechner but you profess not to have thought about Danielle's age or anyone else's for that matter. I find that answer disingenuous to say the least. You were assessed in terms of risk of reoffending with moderate low for Static-99 as well as for the more dynamic tool RSVP. Ms Lechner notes this later result is modulated by the lapse of time which passed since the offending now on 10 years.
84Your more recent relationships appear to be more age-appropriate but interestingly at p8, Ms Lechner write that it remains unclear if you have sublimated your haemophilic interests or have genuinely matured beyond them.
85I have little doubt you will benefit form a sex offender program to improve your understanding of the impact of your actions in this sphere to further reduce your risk level. Given the 'fragility of your mood', Ms Lechner recommends that you be closely monitored in the custodial setting as you may experience an increase in suicidal thoughts or attempt self-harm.
86I have taken your background and the contents of this expert assessment into account. The addendum report of May 2021 highlights that your mental health is quite precarious which would decline in a custodial setting. You may also in the light of the nature of your offending be subjected to intimidation in prison which you are likely to meet with a compromised ability to manage these challenges. I take this into account.
87I accept that as was submitted by the defence the fifth and sixth limbs of Verdins are enlivened in that you will find prison more burdensome by virtue of these disorders. The mitigation which should be applied to your sentence by way of these considerations, however, in my view is moderate. Situational depression and anxiety in the face of prospects of years of reclusion in prison is understandable, relevant but neither unusual nor of a class which approximates the effects of a serious mental illness or a personality disorder. Nevertheless, I take this consideration into account.
88It was submitted that in determining the objective gravity of the offending that the offences were 'opportunistic rather than premeditated'. I do not find this description apt or helpful or appropriate to describe it. The level of premeditation probably varied with each offence and an element of opportunism is mostly present in sexual offending, however, neither offending in either groups of offending, the frequency and kind of offending can be said. What can be said is that your conduct was neither spontaneous nor unthinking. It may not have been done after long meditation or reflection. But it was contumacious and controlled.
89It was also said it was not accompanied by use of overt violence. It may not have contained frank threats or weapons but as I have already said, this type of offending is inherently violent and in the context of the relationship involved, consequent of power imbalance and the subordination of children to your will.
90I take into account the delay in this matter. The most practical effect of the delay is that as regards to the first group of offence which you committed as a young offender; you are now to be sentenced as an adult. Although by their very nature delay between commission and sentencing is not an uncommon feature, nevertheless, this is a matter which I will take into account, that relevant fact in imposing sentence for those offences by ameliorating as I have said both deterrence and moral culpability.
91After interview in July 2018, you were charged only 13 months later in August 2019. The committal was delayed beyond normal delays by the pandemic into November 2020. The time spent with a Damocles sword hanging over your head has been substantial. This has an inherent effect of a punitive kind.
92General deterrence must be paramount consideration in this sentence. Specific deterrence is relevant by the nature of the charges, encompassing multiple victims and the gravity and the period involved. In my view, the latter is also relevant given your current state of self-awareness but can be reasonably moderated in the way I've explained. Your conduct must be adequately denounced and just punishment applied. Your prospects of rehabilitation in my view, giving your age and all these matters that I have outlined is in all probability reasonable.
93By operation of Part 2A of the Sentencing Act 1991, on being sentenced to a term of imprisonment on the first of the two sexual offence counts, you are to be sentenced as a serious sexual offender. By reason of s6D, I am required to regard community protection as the principle purpose. What sentence is required to protect the community against a serious sexual offender will always depend upon the court's assessment of the risk the offender presents.
94I have explained the material which informs that assessment and consider that the sentences which I will impose are appropriate for this purpose. I do not consider nor was I asked by the prosecution to impose a disproportionate sentence. Under this legislative scheme, every term of imprisonment imposed on a relevant offence must be served cumulatively unless the court orders otherwise.
95I am conscious to properly apply the principle of totality. In this context, I note again that two of the charges, 6 and 7, are rolled up charges, enabling the criminality of all the conduct covered by those charges to be covered by them. In relation to the first group of offences, each charge in my view deserves partial cumulation in recognition of the discrete offence against a different victim upon the last charge which will be the base sentence, in that way properly applying principles of totality and proportionality.
96One other consideration is current sentencing practices. Although I was referred to a number of authorities, it was difficult to do - derive any meaningful guidance from a single decision or even a group of decisions which although dealing with similar sexual offending, each case necessarily turned on their own facts. The cases to which I was referred were not comparators in that sense for either of the class of offences charged.
97In my view, the measure of a non-parole period is appropriately set in band with which this court commonly applies.
98Your status as a serious sexual offender will be noted on the record of the court. Once you have been sentenced, you will be a registrable offender pursuant to s6(1) of the Sex Offenders Registration Act 2004 as you will have been found guilty of nine Class 1 offences. The applicable reporting period is life.
99On Charges 2, 3, 4 and 5, you are convicted and sentenced to three years on each charge.
100On Charge 8 and 9, you are convicted and sentenced to three years on each charge.
101On Charges 6 and 7, the rolled up counts, you are convicted and sentenced to three years and three months' imprisonment.
102On Charge 10, you are convicted and sentenced to seven and a half years' imprisonment.
103I order three months on each Charges 2 to 8 be cumulative on Charge 10. That is total effective sentence of nine and a half years.
104I order a non-parole period of six years and three months.
105I declare that you have served 56 days by way of pre-sentence detention which I have noted in the records of the court.
106Are there other ancillary orders?
107MS WESTLAKE: No, Your Honour.
108HIS HONOUR: Thank you. Can I say to those who are in court that no sentence of a court can render to you closure or comfort. Those are things that have to be found in the support and love of friends and family. This is a legal exercise and although you might find it difficult to believe, the court sees this type of offences in a very broad spectrum of offending. And believe it or not, this type of offending reaches into heights of seriousness even more than this and that is why this sentence is in the range in which it is. It has to be understood that unfortunately this is a blight on our community which involves children but which in my view is appropriate in this case. Thank you. I have a jury that is out.
109MS WESTLAKE: Your Honour, just two matters. I am not sure if Your Honour provided a 6AAA statement.
110HIS HONOUR: No, I did not. Thank you.
111Yes, but for Mr Dexter's plea, I would have imposed a period of 12 years with a non-parole period of eight and a half years.
112MS WESTLAKE: Thank you, Your Honour. And the other final matter is in respect of Charge 1, as Your Honour has previously noted, Mr Dexter has pleaded not guilty to that charge. The prosecution would just be seeking for the court to adjourn that charge for a mention date, perhaps in the directions hearing list ‑ ‑ ‑
113HIS HONOUR: I think that was done when the plea was on and there was an order made that that matter be adjourned to a mention date.
114MS WESTLAKE: I am not sure I have the date but I will check.
115HIS HONOUR: Yes, the link to Mr Dexter can be severed. Thank you, Ms Westlake. Thank you, Ms Ball.
116MS WESTLAKE: Thank you, Your Honour.
117MS BALL: The court pleases.
118HIS HONOUR: Thank you.
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