Director of Public Prosecutions v Dunn (a Pseudonym)
[2024] VCC 1705
•28 October 2024
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| Kevin DUNN (A Pseudonym) |
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| JUDGE: | HIS HONOUR JUDGE LAURITSEN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 21 October 2024 |
| DATE OF SENTENCE: | 28 October 2024 |
| CASE MAY BE CITED AS: | DPP v Dunn (A Pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2024] VCC 1705 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Charges of sexual penetration of a child under 16, sexual assault of a child under 16, supplying a drug of dependence to a child, grooming for sexual contact with a child under 16 and failing to comply with your reporting obligations under that Act – offending whilst registered as a sex offender – relevant criminal history – no evidence of remorse – significant risk of reoffending in a like manner – early pleas of guilty – standard sentencing regime – serious offender provisions – totality – Verdins.
Legislation Cited: Sex Offenders Registration Act 2004; Sentencing Act 1991.
Cases Cited:Sims v R [2022] VSCA 114; Brown v R (2019) 59 VR 462; R v Verdins (2007) 16 VR 269; DPP v Ross [2022] VSC 2017; DPP v Healey [2021] VCC 1133; DPP v Sedgley [2020] VCC 1353; Bouris v R [2021] VSCA 245.
Sentence:Total effective sentence of four years and three months’ imprisonment. Non-parole period of two years and nine months’ imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Weinman (Plea) Mr T. White (Sentence) | Office of Public Prosecutions |
| For the Accused | Ms B. Proud (Plea) Ms T. Di Paolo (Sentence) | Fitzroy Legal Service |
HIS HONOUR:
Introduction
1Kevin Dunn[1], I will sentence you to a total effective sentence of four years and three months' imprisonment. I will fix a non-parole period of two years and nine months' imprisonment. I declare your 502 days of pre-sentence detention, excluding today, as time served under my sentences.
[1] A Pseudonym.
2You pleaded guilty to six charges including a charge of sexual penetration of a child under 16 and two charges of sexual assault of a child under 16. The charges concern a single complainant. The circumstances of your offending are set out the 'Summary of prosecution opening for plea', which is Exhibit A.
Circumstances
3On 12 March 2015, you were convicted of the offence of committing an indecent act with a child under 16 and were declared a registrable sex offender and ordered to comply with the reporting obligations under the Sex Offenders Registration Act 2004 for eight years.
4The complainant in this proceeding, Jackson Cook[2], is now 15 and was 14 at the time of the offending and living with his family in Bendigo[3]. He is Indigenous and suffered from mental health issues.
[2] A Pseudonym.
[3] A Pseudonym.
5During September 2022, you travelled to Bendigo to stay with a friend, Gregg Baker[4]. Baker, and his friend, a boy then aged 14, introduced you to the complainant. On the night you were introduced, you supplied alcohol and cannabis to the complainant. You and he smoked cannabis from a bong. Your supply of cannabis constitutes part of Charge 3, supplying a drug of dependence to a child. This is a rolled-up charge.
[4] A Pseudonym.
6During that night, you told the complainant he had 'an amazing hot 14-year-old body'. You took him to a bedroom. The complainant was intoxicated and drug affected. You and he undressed and you touched and rubbed his penis. These circumstances constitute Charge 1, sexual assault of a child under 16. The next day, the complainant left Baker’s home. He has no memory of the rest of the night due to his intoxication.
7From then until 26 December 2022, you communicated with the complainant through Snapchat. You told him you would return around Christmas and bring new drugs for him to try. You told him you loved him, he was the only reason you lived and, if he stopped talking to you, you would kill yourself. The complainant believed you and continued talking with you. These circumstances underpin the charge of grooming for sexual contact with a child under 16, being Charge 2.
8You did return and met the complainant on Christmas day. You supplied him with LSD, which both of you consumed. This is another part of Charge 3.
9You then took him to where you were staying. You supplied him with GHB and cannabis. He felt the GHB tasted 'horrible' and you gave him an icy pole to get rid of the taste.
10The complainant was drug affected. You rubbed your penis between his thighs. This constitutes Charge 5, sexual assault of a child under 16. You then requested the complainant perform oral sex on you, which he did. This constitutes Charge 5, sexual penetration of a child under 16.
11You returned to Bendigo in February 2023 and your contact with the complainant ended in April after an argument.
12During this entire period, you were a registered sex offender. You failed to report to the police your contact with the complainant between September 2022 and April 2023. This constitutes Charge 6, failing to comply with your reporting obligations under that Act.
13On 15 February 2023, the complainant told his mental health worker some details of his contact with you. Ultimately, the matter was reported to the police and a statement was taken from the complainant on 12 May 2023. On 14 June 2023, you were arrested and interviewed. Your answers were either 'no comment' or denials.
Criminal history
14Between 12 March 2015 and 4 April 2022, you have appeared in a criminal court on four occasions and have been found guilty or convicted of 30 charges. You have been sentenced to imprisonment once on 20 September 2016 to a total effective sentence of two years with a non-parole period of 12 months. There were eight charges of failing to comply with the reporting obligations under the Sex Offenders Registration Act, four charges of contravening a personal safety intervention order and a charge of contravening the conditions of the 2015 community correction order.
15In 2015, you were convicted of the offence of an indecent act with a child under 16 and placed on a community correction order of 18 months' duration. The order contained a condition requiring you to engage, in effect, in a sex offenders programme. Although I know nothing about this charge, it cannot be said your offending in the present charges is out of character.
Victim impact statement
16There is no victim impact statement.
Personal
17You are now 36. You were born in Western Australia and are an only child. Your mother died in about 2010. You still grieve her death. You describe both your parents as verbally and physically abusive. You have never been sexually abused yourself. You have four older paternal half siblings with whom you have no contact. Your childhood was subject to repeated relocations as your mother worked as a teacher. You lived in various Australian States. In 2003, your parents separated. You were then 15. You initially lived with your mother but when 16, you lived with your maternal grandparents. You ultimately started living with your father in 2004 and moved with him to Melbourne in 2007.
18You father is now 71 and, since you are in custody, lives alone in Croydon. He is terminally ill. You speak to him on the phone every two to three weeks. He supports you and would like to visit you in custody but travelling from Croydon to Ararat is difficult for he cannot drive.
19You attended three primary schools and seven secondary schools in Western Australia, the Northern Territory and Victoria. You repeated Year 9 twice. You left school after completing Year 10. You did not enjoy school and found it difficult to make friends.
20During your late teens, you worked in a bottle shop for 18 months and attempted to work as an apprentice chef. You were last employed when you were 21. From 24, you became the full-time carer of your father.
21You have no children and are currently not in a relationship. You have never lived with a partner.
22You started drinking alcohol at 14 and would drink four to five cans of cider once a week. You used cannabis from 11 and by the time you were 14, you were smoking 2 grams of cannabis a day. You have maintained this level of cannabis use except when in custody.
23From 23, you used methamphetamine, 1 to 2 points a day. After inheriting from your mother’s estate, you started using half a gram a day. After spending your inheritance, you reduced your usage to a gram spread over five days. Again, you continue to use this amount of methamphetamine unless in custody. You have used other drugs including heroin, GHB, LSD, DMT, MDMA and Ketamine. You have also abused prescription drugs. Since your remand, you have remained abstinent from all substances. You have not engaged in any counselling to address your substance abuse or participated in any formal rehabilitation programmes.
24At six, you were diagnosed as suffering from attention deficit hyperactivity disorder (ADHD). You were initially prescribed dexamphetamine but when aged nine, your mother decided to stop you taking this medicine. After which, you suffered from withdrawal symptoms.
25In 2010, you were diagnosed with Klinefelter XXY Syndrome. In 2016, this diagnosis was confirmed by an endocrinologist following blood tests. Your history of learning difficulties and social issues were now said to have been misdiagnosed as ADHD. This syndrome means you have an extra X chromosome. Those suffering from this syndrome have difficulties perceiving social cues, regulating their emotions in stressful situations, judging trustworthiness and an increased risk of psychopathology.
26You have not had any accidental drug-related overdoses. You have attempted suicide by way of drug overdoses.
27You have had multiple hospital attendances for physical ailments and drug withdrawal. Your medical history also details restrictive lung disease, alcohol and poly substance abuse, and depression.
28While on remand, you have been assessed and attended upon by a psychiatric nurse. You were assessed as low risk and considered to demonstrate good insight, and grossly intact judgement, with adequate attention span. You commenced mirtazapine for treatment of your mood symptoms.
29An assessment was undertaken while on remand indicated low testosterone levels, together with mild hepatocellular (liver) damage and diabetes. Testosterone treatment commenced and regular blood analysis since that time have shown normal testosterone levels.
30Currently, you take an anti-depressant medicine. The testosterone treats the Syndrome and Ozempic treats your weight. You undertook the Grow Program. During your previous period in custody, you completed a sex offender programme.
31You have spent your time in custody at the Hopkins Correctional Centre in Ararat. You work in the kitchen five days a week between 9 am and 3.30 pm. Soon you will receive training in preparing special diet meals for other inmates. You are now in a high-risk unit to protect you from the effects of your social deficits which resulted in bullying when in the main part of the prison. You have been recommended to move into a cottage with other inmates. This will enable you to prepare your own food, washing, cleaning and budgeting.
Psychologists
Cummins
32Jeffrey Cummins is a clinical and forensic psychologist. At the request of your solicitors, he interviewed you on 7 March 2024[5].
[5] Report dated 22 March 2024.
33He diagnosed you as suffering from a Major Depressive Disorder, which emerged about the time you were diagnosed with Klinefelter Syndrome. Before the diagnosis, you were already anxious and depressed about your body image. In custody, you take Pristiq, an anti-depressant and Testogel because of your concern about the development of your breasts and other changes to your body. He also diagnosed you as suffering from hebephilia, which is the sexual attraction to a post pubescent child who is under the legal age, in this case, under 16.
34He considered you suffered from a borderline personality disorder characterised by 'a pervasive pattern of instability of interpersonal relationships, self-image and affects, a marked impulsivity, beginning by early childhood and present in a variety of contexts'[6].
[6] At [52].
35Mr Cummins considered there was a link between your offending and your preoccupation with suffering from the Syndrome.
36He assessed your risk of sexual re-offending as moderate-high being the second highest category of five. He felt it imperative you undertake another offender programme. Interestingly, he added[7]:
“At interview he appeared to have no understanding whatsoever about the fact he could be registered as a serious sex offender and its consequences.”
[7] At [66].
37Mr Cummins saw an increased risk of you being ridiculed and harassed in custody, due to the effects of the Syndrome.
Evans
38Loretta Evans is a clinical neuropsychologist. On 20 September 2024, she assessed you at the request of your solicitors.
39Dr Evans acknowledged your diagnosis of Klinefelter Syndrome. This came from the report of the endocrinologist in July 2016. You were treated for the syndrome at the endocrinology clinic until October 2019. She explained the syndrome is the addition of an extra X chromosome in males. At paragraph 46 of her report, she described the effects of the syndrome broadly coming from the scientific literature.
40To her surprise, Dr Evans considered you have a relatively normal intellect. She believes the results of your 2007 intelligence tests were due to drug use and a disordered mood. She put your current results down to a prolonged abstinence from drugs, adequate nutrition, regular medical reviews and treatment and a possible slight improvement in your mood, ironically, all the result of being in custody.
41On the other hand, Dr Evans noted your psychological difficulties of social ineptness, thinking about yourself, not others, deflection of blame from yourself to others, immaturity, difficulty interpreting social cues and reduced assertiveness. Although you knew that what you did was wrong, the Syndrome is responsible for those characteristics.
42Imprisonment has benefitted you in ways already set out. It has stabilised your mental health. However, the Syndrome could create difficulties with others in custody.
43She considered you have the capacity to benefit from treatment involving genetic counselling and the current level of psychiatric support and management. She also suggests a mentor in prison to assist you, although I do not know whether such assistance is available.
44Dr Evans considered your risk of reoffending as high. I assume she was speaking of general reoffending, instead of sexual reoffending in particular.
Discussion
Purposes of sentencing
45Section 5(1) of the Sentencing Act 1991 sets out the purposes of sentences. Each of those purposes is relevant to sentencing you.
46Sexual offending against a child under 16 requires importance being attached to the purposes of general deterrence and denunciation. One of the judgments referred to by the prosecution is Sims v R[8]. It is a sentencing appeal where the Court refused the offender leave to appeal. In its reasons, the Court quotes a passage from part of the sentencing judge's reasons. That passage is helpful here because in that case, as in your case, the complainant did not provide an impact statement[9]:
“I can in assessing the general gravity of the offence have regard for the fact that sexual offending against children is now well understood to have the capacity to cause enormous harm to those subjected to it. The legislative scheme means that a child under 16 cannot consent to sexual penetration. This prohibition has the dual purposes of protecting the child from harm that can come from premature sexual activity and deterring adults who would contemplate having sex with someone under the age of 16. This prohibition is founded on a presumption that premature sexual activity will cause long-term physical and psychological harm and is unaffected by the presence of apparent consent. There is nothing that has been put before the court in this case to suggest that presumption ought not to apply in the current circumstances. As such, even without any specific material from the victim in this case I intend to sentence you in accordance with the presumption of harm.”
[8] [2022] VSCA 114.
[9] Sims at [20].
47This passage highlights the sentencing purposes of deterrence, denunciation and protection of the community from you. Specific deterrence and protection of the community are reinforced by the assessments of Mr Cummins and Dr Evans of your risk of reoffending.
Prospects of rehabilitation
48The sentencing purpose of rehabilitation involves an assessment of your prospects of rehabilitation. Your counsel submits those prospects are not without hope, as she put it. The prosecution submits they are poor. Your counsel points to your need for support in the community. More immediately, once sentenced, I would expect you to receive the same kind of support in prison that you are now receiving. As Dr Evans noted, that support has seen improvement in your health, both physical and mental. Once sentenced, based on my past experience, I would expect a part of Corrections Victoria called the Forensic Intervention Services to become involved and look at the sexual side of your offending.
49One factor is the sentence I will impose. This will be a lengthy sentence of imprisonment. It should act as a strong deterrent to you for reoffending in the same or similar manner. Whether the deterrent effect of my sentence should lead you to embrace what is offered within the prison system to address your offending, is at this stage unknown.
50Your psychological state makes it difficult for you to see things from another person's perspective. I note the remarks of Dr Evans. For that reason, there is no acceptable evidence of remorse, and I do not treat your guilty pleas as such. This comes from a particular passage of Dr Evans' report.
51Your counsel’s description of your prospects are correct if it means there is uncertainty about them. You are a significant risk of reoffending in a like manner. You are prepared to undertake what is offered. My sentences should steer you towards rehabilitation. It depends on their effectiveness and that is an uncertainty.
Guilty pleas
52On 18 July 2024, you pleaded guilty to these charges. You had earlier pleaded guilty at a committal hearing on 17 November 2023. However, you wished to change your pleas. A plea hearing was vacated, and the proceeding came before another judge for a case conference on 18 July 2024. At the conference, you were arraigned and pleaded guilty to the charges including a related summary offence. Despite the interruption, in terms of timing, they are early pleas of guilty.
53Plainly, guilty pleas benefit the court system. They remove the need for a jury trial, which are time consuming and often logistically awkward. It avoids the need for the complainant and others from giving evidence. This is especially so where the complainant is concerned. I know little about him for there is no victim impact statement. What I do know is his age, his aboriginality and the fact he was receiving mental health assistance at the time of your offending and presumably still does. I imagine giving evidence would be an ordeal for him where his memory of the events may be blurred by the effect of the drugs you gave him.
54These pleas of guilty are an emphatic acknowledgment of your guilt. Knowledge of them should comfort the complainant and his family by making clear the validity of his complaint. You did express remorse, regret and shame to Dr Evans although those expressions impressed her as superficial. She further observed[10]:
“In this regard, his statements reflected a somewhat ego-centric and grandiose perspective, as well as an external locus of control and despite adequate awareness and insight about his offending, he declared a tendency to deflect and externalise blame.”
[10] At [25].
55In light of Dr Evans' comments, I cannot find the guilty pleas are evidence of remorse or even that you are remorseful.
56Section 5(2) of the Sentencing Act sets out matters, where relevant, which I must consider when sentencing you. The first thing I will consider is the maximum penalties for the offences.
Maximum penalties
57The maximum penalties are:
(a) sexual assault of a child under 16 – 10 years' imprisonment;
(b) grooming for sexual conduct with a child under 16 – 10 years' imprisonment;
(c) supplying a drug of dependence to a child under 16 – 15 years' imprisonment or a fine of 1,000 penalty units or both;
(d) sexual penetration of a child under 16 – 15 years' imprisonment.
The offences in Charges 1, 4 and 5 are standard sentence offences.
Standard sentencing regime
58On 1 February 2018, the standard sentence scheme commenced operating. Only a few criminal offences are standard sentence offences for which standard sentences are prescribed. The offence contained in the charge of sexual penetration of a child under 16 and sexual assault of a child under 16 are such offences. The standard sentence for the former offence is six years' imprisonment and for the latter, four years' imprisonment.
59What is the meaning of a standard sentence? First, it is the period of imprisonment specified for a particular offence. Second, that period is the sentence taking into account only the objective factors affecting the relative seriousness of that offence, and is in the middle of the range of seriousness.[11] The objective factors affecting the relative seriousness of an offence are to be determined without reference to matters personal to you and wholly by reference to the nature of the offending.[12] Third, in sentencing you for this offence, I must take the standard sentence as one of the factors relevant to sentencing.[13]
[11] S 5A(1)(b).
[12] S 5A(3).
[13] S 5B(2)(a).
60In Brown v R[14], the Court discussed the standard sentence scheme and said[15]:
“The key new requirement is that a judge when sentencing for a 'standard sentence offence' must take the standard sentence into account as one of the factors relevant to sentencing. This requirement:
· is to be treated as a 'legislative guidepost', having the same function as the maximum penalty;
· does not affect the established 'instinctive synthesis' approach to sentencing;
· does not require or permit 'two-stage sentencing'; and
· does not otherwise affect the matters which the court may, or must, take into account in sentencing.”
[14](2019) 59 VR 462.
[15] At [4].
Serious offender provisions
61If I sentence you to imprisonment on Charges 1 and 2, then you are to be sentenced as a serious sex offender on Charges 4 and 5. In doing so, I must have regard to ss 6D and 6E of the Sentencing Act. Section 6D requires me to have regard to the protection of the community from you as the principal purpose for which the sentences on those charges are imposed. It also enables the imposition of disproportionate sentences, which the prosecution does not seek and that approach is appropriate in your case. Section 6E requires the sentences on Charges 4 and 5 to be served cumulatively on the other sentences unless I direct otherwise.
Nature and gravity of the offending
62I have already quoted from the sentencing remarks of a judge of this Court. The seriousness of the offences are also reflected in the maximum penalties, the applicability of the standard sentencing regime to three of the charges and the serious offender provision to two charges.
63Apart from Charge 6, your offending against the complainant occurred between September and December 2022. The offending in Charges 1,4 and 5 arises out of two episodes in September and December. Each episode involves you supplying drugs to the complainant.
64At the time of your offending, you were 34 and the complainant was 14. The difference in your ages is significant. It implies a disparity between your level of maturity and that of the complainant and resonates in the degree of your moral culpability. However, the psychological findings portray you as an immature person with certain psychological deficits. What I know about the complainant is he was 14 at the time, Indigenous, living with his family and receiving mental health assistance. The last implies a greater vulnerability than that simply indicated by his age.
65Your counsel submits the objective seriousness of your offending is in the
mid-range of offending for the sexual offences. The prosecution rely on these matters in assessment of the gravity of your offending: the period of offending; the high degree of premeditation; involving a vulnerable child and you supplying him with illicit drugs; the difference in your respective ages; the nature of your grooming behaviour; and the fact you were subject to the reporting obligations under the Sex Offenders Registration Act 2004.66Both submissions treat the offending as a whole. With the charge of sexual penetration, the summary speaks of penetration without more. There is no indication of the duration of the penetration or whether there was ejaculation. Resolving the issue in a way most favourable to you, I must find penetration without anything else. This makes it a relatively low form of the offence of penetration.
67On the other hand, the grooming was protracted and contained threats of harm to yourself if the complainant did not continue to stay in contact. It was a powerful threat and it succeeded. The gravity of the grooming charge is significant.
68Quite properly, other aspects of the context of the sexual offending are the subject of charges. The issue of premeditation is largely encompassed in Charge 2. The supplying of drugs as the rolled-up Charge 3. The fact of being subject to the reporting conditions of the Sex Offenders Registration Act gives rise to Charge 6.
69The drug charge is a rolled-up charge. It comprises three occasions of the same offence. The advantage to you is those occasions are combined in the one charge and subject to a single sentence. Generally speaking, the sentence on a rolled-up charge should be greater than the sentence on a charge with a single instance of the offence.
70Apart from the three occasions, you supplied different drugs to the complainant with the effect on one occasion of leaving him intoxicated.
71From the first contact in September 2022 until Boxing Day 2022, you promised the complainant drugs when you visited again, expressed your love for him in strong terms, going as far as saying you would kill yourself if he stopped communicating with you.
Totality
72Your counsel referred to the totality principle. Where there is more than one charge, a court must sentence for the overall criminality. She stressed the avoidance of a 'crushing' sentence, especially in light of s 6E of the Sentencing Act 1991 which, in effect, requires the accumulation of the sentences on Charges 2, 4 and 5 and the other charges unless I direct otherwise.
73The application of the totality principle is more difficult where there are legislative provisions impacting on the sentencing process: the standard sentence scheme; and the serious offender provisions. Although more difficult, the principle still applies.
Verdins
74In the case of R v Verdins[16], the Court stated six principles or limbs to be used by courts when sentencing offenders with impaired mental functioning. There is no issue you suffer from such an impairment. You rely on principles one and five:
[16] (2007) 16 VR 269.
75Limb 1 states:
The condition may reduce the moral culpability of the offending conduct, as distinct from the offender's legal responsibility. Where that is so, the condition affects the punishment that is just in all the circumstances; and denunciation is less likely to be a relevant sentencing objective.
76Limb 5 states:
The existence of the condition at the time of sentencing (or its foreseeable recurrence) may mean that a given sentence may weigh more heavily on the offender than it would on a person in normal health.
77In relation to principle one, your counsel quoted paragraph 48 from Dr Evans' report. In paragraphs 47 to 49, Dr Evans grappled with the effect of the syndrome on your intellect, psyche and emotion. She found, to an extent, you can adapt to situations but are nevertheless inept in social contexts. From what you told her, you think about yourself to the exclusion of others. You blame others rather than yourself. You are immature. You misinterpret social cues, and you do not assert yourself. You need assistance. Within the oddly beneficial effects of the prison environment on you, the cognitive deficits and the state of your mood have only a mild impact on your day-to-day activities. It may be otherwise outside the prison environment.
78Your counsel submitted your moral culpability is lessened because your ability to reason properly was diminished at the time of your offending. You were aware of the wrongfulness of your actions but went ahead. The prosecution submit your moral culpability is in the high range.
79You were sexually attracted to the complainant. The attraction reached the level of a recognised disorder, as diagnosed by Mr Cummins. Your ability to resist temptation was impaired by the effects of the Syndrome. Your immaturity and focus on yourself are among the factors influencing your offending. I agree with your counsel's overall submission of a reduction of moral culpability. However, the moderation is not large for you retain some ability to overcome the effects of the Syndrome and the effect of the psychological disorder on your mood.
80As to principle 5, the treatment received in custody has stabilised your mental health to an extent. Because of the psychological and physical impact of the Syndrome, your interaction with other inmates is problematic. Mr Cummins raises your increased risk because you will be ridiculed and harassed. I note the prosecution accepts the applicability of this principle. However, it is interesting that the prison authorities are contemplating placing you in a cottage with a few other inmates. Presumably, they think that environment may overcome your problems. Only time will tell. Meanwhile, it is a moderating factor.
Current sentencing practices
81As to current sentencing practices, I was referred to sentences by judges in this Court and sentencing appeals in the Court of Appeal[17].
[17] DPP v Ross [2022] VSC 2017; DPP v Healey [2021] VCC 1133; Sims v R [2022] VSCA 114; DPP v Sedgley [2020] VCC 1353; Bouris v R [2021] VSCA 245.
Non-parole period
82In fixing a non-parole period for a standard sentence offence, where the sentence is less than 20 years' imprisonment, a court is required to fix a period of at least 60 per cent.
Sentence
83On Charge 1, a charge of sexual assault of a child under 16, I sentence you to 12 months' imprisonment.
84On Charge 2, a charge of grooming, I sentence you to 15 months' imprisonment.
85On Charge 3, a charge of supplying a drug of dependence to a child, I sentence you to 2 years' imprisonment.
86On charge 4, a charge of sexual assault on a child under 16, I sentence you to 20 months' imprisonment.
87On charge 5, a charge of sexual penetration of a child under 16, I sentence you to 3 years and 3 months' imprisonment.
88On charge 6, a charge of failing to comply with the reporting obligations, I sentence you to 12 months' imprisonment.
89The base sentence is the sentence on Charge 5. One month of the sentence on Charge 1, one month of the sentence on Charge 2, three months of the sentence on Charge 3, six months of the sentence on Charge 4 and one month of the sentence on Charge 6 are to be served cumulatively upon themselves and upon the base sentence. The total effective sentence is 4 years and 3 months' imprisonment. I will fix a non-parole period of 2 years and 9 months' imprisonment.
90I declare your 502 days of pre-sentence detention, excluding today, as time served under my sentences.
91For the charges for which I sentenced you as a serious sex offender, I direct that that fact be entered in the records of the Court.
Sex Offenders Registration Act
92Since you are guilty of a Class 1 offence and three Class 2 offences you must comply with the reporting obligations of the Sex Offenders Registration Act for the rest of your life.
Section 6AAA
93If you had not pleaded guilty to these charges but were found guilty after a trial, I would have sentenced you to 5 years and 9 months' imprisonment with a
non-parole period of 3 years and 6 months' imprisonment.Section 5B(5)
94My sentences on Charges 1,4 and 5 are less than the standard sentence for the offence in each of those charges. In reaching those sentences, I have taken into account a number of matters including the nature and gravity of your offending, the effect of the Syndrome and your psychological disorders, the nature of your guilty pleas and current sentencing practices.
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