Director of Public Prosecutions v Dollery (a pseudonym)
[2017] VCC 899
•30 June 2017 (at Melbourne)
| IN THE COUNTY COURT OF VICTORIA AT WANGARATTA CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALEX DOLLERY (“A Pseudonym”) |
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JUDGE: | HIS HONOUR JUDGE PARRISH | |
WHERE HELD: | Wangaratta | |
DATE OF HEARING: | 17 May 2017 (at Wangaratta) | |
DATE OF SENTENCE: | 30 June 2017 (at Melbourne) | |
CASE MAY BE CITED AS: | DPP v Dollery (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 899 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – one charge of sexual penetration of a child under 16
Legislation Cited: Crimes Act 1958, s45(1); Sentencing Act 1991; Sex Offenders Registration Act 2004
Cases Cited:Boulton & Ors v R [2014] VSCA 342; Phillips v R [2012] VSCA 140; Azzopardi & Ors v R (2011) 35 VR 43; Director of Public Prosecutions v SJK & GAS [2002] VSCA 131; R v Lam [2005] VSC 495
Sentence: Convicted and sentenced to a community correction order for two years, with a special condition of performing unpaid work for a period of 100 hours. Registration under the Sex Offenders Registration Act 2004 for a period of fifteen years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Hannan | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr J Kantor | Mario Vaccaro Lawyers |
HIS HONOUR:
1 Alex Dollery[1], you have pleaded guilty to the offence that you, between 31 March 2012 and 24 December 2012, took part in an act of sexual penetration with a child under 16 years, in that you introduced your penis into her vagina.
[1] Alex Dollery is a pseudonym.
2 Sexual penetration of a child under 16 is contrary to s.45(1) of the Crimes Act 1958 (Vic) and carries a maximum penalty of ten years' imprisonment.
Circumstances of your offending
3 Counsel for the prosecution tendered a summary of prosecution opening setting out the circumstances surrounding your offending in relation to the charge. Such summary has been marked as an exhibit (Exhibit 1) and has been accepted by you and your counsel as an appropriate representation of the offending. The important matters of such summary are:
·You are presently 23 years of age, having been born in March 1994. At the time of the offending you had just turned 18 years of age.
·The complainant, is currently 19 years of age and at the time of the offending she was aged 14 and resided with her parents in Wangaratta.
·You and the complainant have known each other for several years, having initially met through involvement in basketball in Wangaratta. When you first met the complainant she was approximately 12 years of age and you were approximately 16 years of age.
·After a request from you the complainant added you as a friend of Facebook in 2012, after which you would have conversations over Facebook in which you would suggest that the complainant sneak out of her home late at night in order that you could meet. It was during one of these meetings that the offending occurred.
·At the time of the offending you knew that the complainant was 14 years old.
·In the early hours of an unspecified day between 23 March 2012 and 24 December 2012 you sent a message to the complainant on Facebook, inviting her to sneak out of her house and meet you.
·You met the complainant in a street in Wangaratta where you had parked your vehicle and both you and the complainant drove to your home in Wangaratta. Once at your home you told the complainant that you had to be quiet until they got to your bedroom as your parents were both home in bed. Once inside your bedroom you and the complainant got onto your bed and started kissing. You positioned yourself on top of the victim and you both removed your clothing, with you removing the complainant’s underwear and attempting to insert your erect penis into her vagina.
·You were not wearing a condom during such act and you told the complainant, “Don’t worry, it won’t hurt that much”, before inserting your penis into her vagina and later you ejaculated onto the stomach of the complainant.
·On 1 November 2015 the complainant had a telephone conversation with her aunt at which time the complainant informed her aunt of what had occurred between you and her when she was 14.
·On 27 May 2016 you were interviewed at the Wangaratta Police Station, during which interview you spoke very freely about your relationship with the complainant. You admitted to meeting her when she snuck out and made full admissions as to having sex with the complainant. You confirmed that at the time of the offending you knew that the complainant was under 16 years of age, telling investigators, “Of course I knew she was under age”. “I don’t know why I went through with it.” (Q&A 335‑336)
Prior criminal history
4 You have no prior criminal history and I am informed that you have not come to the attention of the police since this offending.
Victim Impact Statements
5 The prosecution tendered the following victim impact statements:
(a)Victim impact statement of the complainant, declared on 7 April 2017 (Exhibit 2);
(b)Victim impact statements of the mother of the complainant, declared on 8 April 2017, and of the father of the complainant, declared on 6 April 2017 (jointly both statements constitute Exhibit 3).
6 I refer to the statement of the complainant wherein she states, in part:
“I am incredibly hurt, angry, fearful and frustrated since the crime. I have been treated for depression and I believe that this is as a result of the crime. This has definitely affected my relationship with my family - it took me four years to have the courage to tell them what had happened to me. Before I could tell them I felt like I was lying to them by not telling them what had happened and why I was behaving the way I was. This became too much for me and at 17 I ran away from home to stay with a friend. At this time they didn't know why I had run away. Leaving home impacted on my little sister who developed anxiety and mum, who saw a counsellor because she was confused, hurt and worried about me. I felt really guilty about this and still do. I worry about my future feeling like I will never be able to put this behind me and move on with my life.”
7 The complainant also records that she has, “shut myself out of everything - stopped talking to my friends.” She hated going to school because you were in Year 12 at the same school, causing her to “wag school” often, so that she could avoid you or answering anyone’s questions. The complainant describes how she lost friendships, and now she has difficulty trusting people and is far more guarded, and changed from a person who was more social and confident. She no longer feels safe, and is scared of you contacting her or running into you in public.
8 In her statement, the mother of the complainant, describes in a very moving and eloquent manner, her initial anger when confronted by the deteriorating relationship with the complainant, brought about by matters which, at that time she had no understanding. She describes the fear that she experienced from observing the complainant change from a “confident, fun loving girl, always laughing, surrounded by many friends, to becoming isolated, withdrawn, disrespectful and reckless.” She also describes a sense of relief once it was clear what her daughter had experienced and that there was some answer for the erratic behaviour over the years. In particular, she describes what she calls, “an overwhelming sadness”, as a result of:
·“Sadness for my daughter who felt ashamed and worthless. She felt like she had let us down badly and could not face the impact she had on us. Sadness for her guilt and her perception of not being able to live up to our expectations. She wrote a letter to us, ‘I’ve done some terrible things that you and dad don’t know about.’ She states she was, ‘fake living at home’. It’s not about being accepted by us but by accepting herself, it’s not my fault but hers’. When I think of her personal struggle from making one poor choice leading to such a devastating effect at such a young age, just makes me sob every time I think of it. No child should have to carry such a heavy burden.”
·Then later, “Sad at how our beautiful, close family came to be so fractured, something I still struggle to fathom.”
·Then later, “Sad for our daughter’s missed opportunities to grow up feeling safe and happy.”
·Then a further, later quote, “Sad for Alex’s family. A family that I respect and often see. There are no winners in this and it breaks my heart that his mother … must go through this … .”
·Then finally, “The emotional impact has been enormous and I am tired”.
9 The complainant’s mother also describes how her work performance has deteriorated and she finds it difficult to concentrate, which leads to silly errors, causing her to lose confidence and not trust in herself. She describes having not slept well for years and struggles to relax. Her tolerance and empathy for people has been significantly reduced and she hopes, following this hearing, that happiness and peace can return to the family, including her daughter.
10 In his statement, the father of the complainant, describes that when he reflects on what has happened his, “emotions are all over the place”. While feeling anger himself and for his daughter, he has feelings of, “hatred towards the person who has damaged my daughter and my family”. He also experiences sadness, which he considers to be the strongest emotion, bearing in mind what his daughter had to go through alone from the age of 14.
11 He also describes the dramatic change in his daughter who, prior to the offending, loved life and loved to socialise, where after she began to hate school, withdrew to her room and withdrew from the family. Her behaviour disintegrated and her friendship group seemed to disappear, and none of this could be explained. Like his wife, he also desires, when this matter comes to an end, that over time their daughter will begin to heal and forgive herself, that she can reach out and achieve her full potential and that the family can, once again, become a place for her to enjoy.
Your personal circumstances and background
12 Your counsel made various submissions relating both to your educational and work background, and also tendered the following material:
(a)The report of the clinical and forensic psychologist, Ms Colleen Crutchfield, dated 12 May 2017 (See Exhibit “A”);
(b)A bundle of various references (Exhibit “B”).
13 On the basis of such material I note the following:
·You were born and raised in Wangaratta and have one older sister. When you were very young your parents separated, after which your mother remarried and you were raised by your mother and stepfather. You made regular visits to your natural father in Melbourne until you were about ten or eleven years of age, after which participation in sport made visits to Melbourne more difficult. You do not have frequent contact with your father and describe that relationship with him as, “okay”. You do get on well with your sister and stepfather and, in particular, your stepfather has been very supportive of you generally. You also have a good relationship with your mother.
·You attended a small primary school and later, College, where you completed your VCE.
·When you were charged with the subject offence you were a manager of a café in Wangaratta which catered for young people. You were dismissed from that job as a result of being charged with the subject offence some six months prior to going to Court. You are presently employed in hospitality and currently managing a restaurant.
·You are very much involved in football and basketball and described how you have a few friends and like to, “catch up for a beer and chill out”.
·You have been in a relationship for about nine months with a 28 year old woman. You do not cohabit but your partner is expecting a baby in November 2017. You have had previous relationships, one with a woman the same age as you, and one with a woman one year younger. Each relationship lasted three or four years.
The subject offending
14 You explained to Ms Crutchfield that you had known the complainant over a number of years through basketball. You recall that over the years you would often talk of basketball and you considered that the complainant may have been, “a bit depressed”. Initially you met and walked around the river area, with you driving the complainant home and later, you had contact over Facebook, and met regularly just, “chilling and chatting”. Over time the relationship became more intimate and involved “sneaking” in and out of your parents’ house, as you did not want to get caught.
15 You report that you and the complainant had infrequent but friendly interactions over the next years and that she attended your 21st birthday celebrations. In particular, you had no idea that the complainant felt anything “bad” had happened until she reported your behaviour to the police.
16 You explained that your understanding of the law was “wrong”. In particular, your understanding at the time of the offending and up to the time that you were charged was that someone under the age of 16 could give consent, but her parents could refuse consent. Ms Crutchfield reported that you accept it was your fault for not having a full understanding of the laws surrounding consent, and if you had known such laws you would not have offended. In particular, you describe that when the police arrived on your doorstep and told you of the allegation you, “went into shock”, and, “spiralled downwards”. Following the making of the complaint you report that you had been approached on occasion and vilified, and on one occasion was approached by a man who tipped over your drink and yelled and called you, “a rapist”.
The evidence of Ms Crutchfield
17 Ms Crutchfield interviewed you for over three hours on 9 May 2017. She obtained a history that in earlier years you had experimented with illicit drugs, but, “would not go back to try again”. Furthermore, although you do drink alcohol, you do not abuse alcohol. Ms Crutchfield administered a full cognitive and personality assessment. She ultimately concludes, amongst other things, that:
(a) although the test MMPI-2 cannot be seen as definitive in relation to identifying sex offenders, there are various combinations of clinical scale elevations which portray the type of personality, characteristics and behaviour which are commonly seen in sex offenders. Your profile does not include the clinical scale evaluations which would indicate the personality characteristics and behaviours commonly seen in sex offenders;
(b) you are an intelligent young man with good interpersonal skills and a physically active lifestyle, and at a relatively young age you are the manager of a restaurant, all of which is consistent with your profile which indicates a sense of responsibility and an ability to meet obligations;
(c) there is nothing in your presentation, history or assessment that would indicate that you suffer any psychopathology and, in particular, the offending behaviour is not considered as indicative of any paedophilic disorder or paedophilic orientation. Furthermore, there is no indication of delinquency, disregard for the rights of others, alcohol or substance use disorders or antisocial personality disorder, all of which are often associated with sexual offending;
(d) in particular, Ms Crutchfield states:
“At the time of offending, Mr Dollery (sic) was 18 years old, under Australian law, an adult, and the complainant was just 14 years of age, she was young enough to be a minor. However, adolescent cognitive development is not necessarily consistent with the legal age of responsibility. Although Mr Dollery was 18 years old he was still a school boy. He was not ‘allowed’ out during the school week. They were both ‘sneaking’ in and out of his parents (sic) house at night.
At 18 years of age the brain was still just in the early stages of the adolescent phase of brain development. The maturation of the adult brain is not complete until 25/26 years of age. Although maturation of cognitive, emotional and social competencies does result in considerable improvement in judgement from early to mid and late adolescence … adolescents do not always exhibit mature decision making during the course of their daily lives … . They can demonstrate excellent decision making capacity under controlled situations, with low stress and low emotions, but less than optimal decision making may emerge in more emotional and arousing contexts.
It is suggested that in the context of a relationship that had been increasing in emotional (as he provided emotional support) physical and sexual intimacy, that in the arousing context of sexual petting in his bedroom, it would not be unexpected that less than optimal decision making emerged. It would not be surprising, even if he had fully understood the legal requirements of sexual consent, had he failed to consider the legal requirements in this situation at this adolescent stage of brain development.”
18 Ms Crutchfield notes that you are aware that you will be placed on the Sex Offenders Register and are coming to terms with how this will affect your future. Ms Crutchfield was of the opinion that you may benefit from supportive therapy as you adjust to the repercussions of being placed on the Sex Offenders Register.
19 In particular, Ms Crutchfield was of the opinion that neither clinical presentation or psychometric assessments are indicative of any diagnostic criteria as defined by DSM-5 and you are considered to be a low risk of re-offending. Furthermore, in her opinion the offence behaviour was circumstantial, contextual and non-predatory sexual behaviour between two young people who both attended school. At 18 years of age it would not be expected that you would have the full understanding of the potential consequences to either yourself or the complainant.
Submissions made by your counsel in mitigation of sentence
20 Your counsel submitted that the following matters should be taken into account in mitigation of your sentence:
(a)you pleaded guilty to the offence at an early time, which had the utilitarian effect of saving the Court the time and cost of a trial (see Phillips v R [2012] VSCA 140 at paragraph [36]. In particular, your plea of guilty to the offence obviated the necessity for the complainant to give evidence at a trial and to have to relive the circumstances of the offending in a public forum. It is always a question for the sentencing judge whether remorse or a willingness to facilitate the course of justice, and acceptance of responsibility, are to be inferred from a plea of guilty (again see Phillips v The Queen (op. cit) at paragraph [96]). I do consider that your early plea of guilty is some evidence of remorse and to facilitate the course of justice;
(b)you made frank and full disclosures during your record of interview and assisted the course of justice;
(c)you have no prior convictions for any offence whatsoever and, moreover, I was informed that you have not come to the attention of the police since this offending;
(d)given that you were 18 years of age at the time of the offending, you must be viewed as a youthful offender and reference was made to Azzopardi & Ors v R (2011) 35 VR 43, which highlights that rehabilitation of young offenders is a paramount sentencing consideration;
(e)that you have demonstrated remorse in relation to your offending and given your otherwise good character and the contents of the psychological report, your prospects of rehabilitation are very good;
(f)your counsel referred to the bundle of various references (Exhibit “B”), all of which contains statements describing you as a responsible and caring member of the community.
21 Your counsel submitted that although the offence is a serious offence, the circumstances surrounding your offending does not warrant an immediate custodial sentence and the Court was urged to consider the imposition of a community correction order.
The response of counsel for the prosecution
22 As I have already recorded, counsel for the prosecution accepts that you cooperated with the police during your record of interview and, indeed, in all aspects of the investigation. Furthermore, it is accepted that your plea of guilty was at the earliest possible time.
23 In particular, counsel for the prosecution accepted that your offending did not warrant an immediate sentence of imprisonment but, rather, an alternative disposition such as a community correction order.
24 The Court directed that you be assessed to determine your suitability for a community correction order. Such assessment occurred on 17 May 2017, and in a report of the same date an assessing officer from the Department of Justice and Regulation has recorded that you are suitable for a community correction order, with the following conditions recommended:
(a) community work (pursuant to s.48C of the Sentencing Act 1991);
(b)treatment and rehabilitation with programs to reduce re-offending (that is s.48D(3)(f) of the Sentencing Act 1991);
(c)supervision ( pursuant s.48E of the Sentencing Act 1991).
I also note that Community Correctional Services assessed you as being a “low risk of re-offending” according to the Level of Service Risk Assessment Tool. The report also records that you agree to comply with the conditions and requirements of a community correction order.
Conclusion
25 The crime of sexually penetrating a child under the age of 16 is a serious offence, as is made manifest by the maximum penalty of ten years’ imprisonment. As you now appreciate, the consent of the child under 16 is not relevant to the offence.
26 Clearly enough, one of the reasons why the legislature has passed such a law is to protect children under the age of 16 in circumstances where physical and/or emotional and/or sexual maturity has not yet occurred. Furthermore, I consider that the offence covers a wide range of circumstances from sexual predators preying on young persons under the age of 16 for sexual gratification and, perhaps at the other extreme, relatively innocent relationships between two young people.
27 In all of the circumstances I do not consider that you were acting in any way as a sexual predator. Furthermore, I accept the opinion of Ms Crutchfield that there is nothing in your presentation, history, or psychometric assessment to indicate that you suffer from any paedophilic disorder or paedophilic orientation. In particular, I also accept the opinion of Ms Crutchfield that the offence behaviour was circumstantial, contextual, and non-predatory between two young people who attended school.
28 It is to be remembered that you had just turned 18 at the time of the offending, and for the reasons expressed in the report of Ms Crutchfield, you would not be expected to have had the full understanding of the potential consequences to either yourself or the complainant. The consequences to the complainant have been dramatic – she has suffered a disruption in her schooling, her family and home life and her various friendships and has become wary of people and less outgoing.
29 The victim impact statements in this matter make clear the dramatic consequences suffered by the complainant and her family as a result of this offending.
30 I also accept the submissions of your counsel in relation to the other matters in mitigation of your offending. Your plea of guilty was at the earliest opportunity and you cooperated totally with the authorities when investigating the matter.
31 Furthermore, you come to this Court with no prior convictions and from what I have been told from the Bar table, have not come to the notice of police since this offending. Furthermore, I have read all the references which were tendered on your behalf, all of which paint you as a responsible young man who has done much in the community, both at a sporting level and helping others.
32 I also accept the submission of your counsel that you should be considered as a youthful offender and, in particular, I refer to the well-known decision of Azzopardi & Ors v R (2011) 35 VR 43 and, in particular, paragraphs [34]-[36] wherein Redlich J stated:
“There are a number of considerations which underlie the general primacy of an offender’s youth as a sentencing consideration. Firstly, young offenders being immature are therefore ‘more prone to ill-considered or rash decisions’. They ‘may lack the degree of insight, judgment and self-control that is possessed by an adult’. They may not fully appreciate the nature, seriousness and consequences of their criminal conduct. As Vincent JA explained in Director of Public Prosecutions v SJK & GAS:20
‘In the case of young people, to some extent, the law incorporates an acknowledgment of aspects of immaturity. By reason of the stage of development that an offender may have reached, he or she may not fully appreciate the seriousness and real consequences of the offending actions. However, it does not follow that this is always the situation or that, as teenagers, offenders cannot be held appropriately accountable for their conduct in engaging in serious criminal activity.’
Secondly, courts ‘recognize the potential for young offenders to be redeemed and rehabilitated’. This potential exists because young offenders are typically still in a stage of mental and emotional development and may be more open to influences designed to positively change their behaviour than adults who have established patterns of anti-social behaviour. No doubt because of this potential it has been stated that the rehabilitation of young offenders, ‘is one of the great objectives of the criminal law’. The added emphasis for the purposes of sentencing on realisation of a young offender’s potential to be rehabilitated is further justified because of the community’s interest in such rehabilitation, not only at a theoretical level, but because the effective rehabilitation of a young offender protects the community from further offending. Again, as was stated in R v Lam:
‘A primary objective of the criminal justice system is to achieve crime prevention to protect the public. The rehabilitation of an offender should not be seen as a consideration inimical to that objective. Crime prevention to protect the public and the rehabilitation of the offender are interlinked objectives. In sentencing there is thus a broad public interest in taking into account the youth of the offender.’
Thirdly, courts sentencing young offenders are cognizant that the effect of incarceration in an adult prison on a young offender will more likely impair, rather than improve, the offender’s prospects of successful rehabilitation. While in prison a youthful offender is likely to be exposed to corrupting influences which may entrench in that young person criminal behaviour, thereby defeating the very purpose for which punishment is imposed. Imprisonment for any substantial period carries with it the recognised risk that anti-social tendencies may be exacerbated. The likely detrimental effect of adult prison on a youthful offender has adverse flow-on consequences for the community.”
The judicial comments contained in such judgment are similar to the comments about the developing maturity of young people as expressed in the report of
Ms Crutchfield.
33 I consider that your prospects for rehabilitation are excellent and note that the report from Community Corrections considers you as being a “low risk” of re-offending.
34 In all the circumstances, I intend to convict you of the offence. Your counsel submitted that a community correction order would be appropriate in all the circumstances and, indeed, counsel for the prosecution do not urge on the Court an immediate period of incarceration.
35 I refer to the guideline judgment given by the Court of Appeal in Boulton &
Ors v R (2014) 46 VR 308, pertaining to the operation of community correction orders which have been available in Victorian courts since January 2012. As that court stated, the community correction order is a radical new sentencing option with the potential to transform sentencing in this State. Although a non-custodial order, such order has certain mandatory circumstances laid down by the legislature, and the sentencing court can attach to a community correction order a range of conditions which are variously “coercive, prohibitive, intrusive and rehabilitative”. As pointed out by the Court of Appeal, a community correction order is a “flexible sentencing option in enabling punitive and rehabilitative purposes to be served simultaneously”.
36 I refer to s.5(4) and s.5(4C) of the Sentencing Act 1991, which respectively state:
“(4)A court must not impose a sentence that involves the confinement of an offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender.
...
(4C)A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached.”
37 As the Court of Appeal has stated, s.5(4C) of the Sentencing Act 1991 prohibits the imposition of a sentence of imprisonment unless the sentencing court has placed specific and careful attention to:
(a)the purpose for which the sentence is to be imposed on the offender; and
(b)where these purposes can be achieved by a community correction order for which one or more of the specified (onerous) conditions is attached.
38 It is necessary that I first assess the objective nature and gravity of the offending and moral culpability of you. As I have already recorded, I consider the offence to be serious, but consider, in all of the circumstances, such offending does not involve the worse types of moral culpability as sometimes seen in this type of offence.
39 I am of the opinion the offending as so assessed, and given all of the circumstances, that a community correction order is an appropriate sentencing disposition. In this respect I consider it is appropriate that a sentencing disposition represents denunciation of the offending, general deterrence to others and, to some degree, specific deterrence, although, as I say, I consider your chances of re-offending to be minimal. Such elements of the sentence must also be seen in the context that rehabilitation of a youthful offender is of some great significance.
40 Please be upstanding:
(a)in relation to Charge 1 you are convicted and sentenced to a community correction order for a period of 24 months. The order commences today and ends on 29 June 2019.
You must attend the Wangaratta Correctional Services by 4 pm on
4 July 2017. In addition to the mandatory terms, the order contains the following conditions:
(i)pursuant to s.48C of the Sentencing Act 1991, you are to perform unpaid community work for a period of 100 hours;
(ii)pursuant to s.48E of the Sentencing Act 1991, you are to be supervised, monitored and managed as directed by the Secretary for the duration of the order.
(b)pursuant to provisions of the Sex Offenders Registration Act 2004, you will be registered as a sex offender with the reporting period under such Act to be 15 years;
(c)pursuant to s.6AAA of the Sentencing Act 1991, save for your plea of guilty, I would have imposed a sentence of 14 months with a non-parole period of eight months’ imprisonment.
41 I decline to make any order for directing that you undergo a forensic procedure pursuant to s.464ZF(2) of the Crimes Act 1958.
42
Although recommended by the assessing officer from the Department of Justice and Regulation that there be a condition in your community correction order that you undergo treatment and rehabilitation programs to reduce re-offending, I consider that such condition is not necessary, given the opinion of
Ms Crutchfield, and other matters pointing to the unlikelihood of you re-offending.
43 Do you understand you have been sentenced to a community correction order?
44 OFFENDER: Yes, Your Honour.
45 HIS HONOUR: And do you understand that the two special terms of that order is that over the course of that order of two years you have to do 100 hours of community work?
46 OFFENDER: Yes, sir.
47 HIS HONOUR: And you also understand that you are under the supervision of the Community Corrections people for that period of time?
48 OFFENDER: Yes.
49 HIS HONOUR: Do you accept those terms?
50 OFFENDER: Yes, Your Honour.
51 HIS HONOUR: Yes. I will allow your counsel and my associate to take - perhaps get him to sign now. What I want to just say now before I leave the Bench is this, and this is directed to the complainant, and her family. You are still a very young person. You have your life in front of you. No doubt the last four or five years have been extremely difficult on many, many levels. I hope, as your parents stated in the victim impact statements, that this sentencing process can bring some closure to what has been experienced in the past because, as I say, you have got your life in front of you and from what I have read, leading up to the time when things changed, you were an outgoing lover of life, enjoying many, many things. There is probably no good reason why that cannot come back. I also point out that you are fortunate, as many people are not so fortunate, to have a very supporting, loving and caring family around you to assist you in this transition. So what I say to you is I hope you will endeavour to proceed that way and, as I say, you have got so much in front of you, you are still a very young woman and life does await you and it is a matter for you now, no doubt with the support of your family, who clearly are very supportive, for you to make that decision and move on.
52 They are the only matters I want to say. What I am going to do is adjourn the court and I just say to the family, I will not be saying anything more formally. What happens now is Mr Dollery will sign documents about the community correction order and the sex registration aspect of the matter and that will be the situation.
53 The details of what I have read out will be available. I might add they will not be available to the public in the form which I have read out. There will be anonymization not only of the complainant but I think everybody involved in this case. Yes, so I am not going to ask that you want to make any questions. I do not think I can say anything more than what I have said to the family, so with nothing more to do I will adjourn at this point.
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