Director of Public Prosecutions v Edmondson

[2018] VCC 252

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00971

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRIS EDMONDSON

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JUDGE:	HIS HONOUR JUDGE R. SMITH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	7 March 2018
CASE MAY BE CITED AS:	DPP v Edmondson
MEDIUM NEUTRAL CITATION:	[2018] VCC 252

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Piggott
For the Accused	Ms H. Cooper

Pages 1 - 17

 

 

HIS HONOUR: 

1Christopher Edmondson, you have pleaded guilty to three counts of indecent assault of a male under the age of 16 years, contrary to s.68(3A) of the
Crimes Act 1958 as it was at the time of your offending.

2The circumstances of your offending are as follows.  Between 16 October 1975 and 21 July 1978, you were an adult leader of the 2^nd Garners Beach Scout Group[1].  Patrick Guthrie[2] was a member of that group and was aged approximately ten at the relevant time.

[1] ‘2^nd Garners Beach Scout Group’ is a pseudonym.

[2] ‘Patrick Guthrie’ is a pseudonym.

3He had partaken in a test to obtain a medical badge.  He had become distressed in the belief that he had answered a number of questions incorrectly and had failed the test.  You proceeded to comfort him.  Told him that he passed the test and that he was going to receive the badge.  He was surprised but elated.  You said words to the effect of "There's just one thing I want you to do."  You then requested that he turn around and close his eyes.  You promised him that you would not hurt him.  You then moved your right hand around his right side, clutched at his genitals over his shorts.  He was shocked and you talked with him until he calmed down.  That conduct constitutes Charge 1.

4Also in the same period between 16 October 1975 and 21 July 1978, again in the course of performing duties as a scout leader, you spoke with Alex Madden[3], a member of the scout group in relation to him being in some kind of trouble.  He was aged between nine and 11 at the time.  You leaned over him, you put your hands up his shorts, and touched his testicles, flicking them.  That conduct constitutes Charge 2.

[3] ‘Alex Madden’ is a pseudonym.

5Between 16 October 1975 and 21 July 1978, you invited Dominic Blacket[4] and some other boys to your home in Doncaster.  He was aged between 11 and 14 at that time.  Whilst he was using the toilet at your home, you came up behind him, reach around his body and grabbed his genitals.  He turned and pushed you away saying, "Get off, what are you doing?"  That conduct constitutes Charge 3.

[4] ‘Dominic Blacket’ is a pseudonym.

6By way of background you were born on 16 December 1955.  At the time of these offences, you were aged between about 19 and 21.  You are currently aged 62.  You were born, brought up and schooled in Melbourne.  You have reported being sexually abused yourself when aged between seven and 12, which you did not report to your parents or police.

7You completed Year 12 in 1973.  You had a private school education.  The following year, you obtained employment as a clerk at the Post Master General's department having passed the public service entrance examination.  Later, you completed a degree in business administration and thereafter obtained employment with Telecom in about 1980.  You later became managing editor of a small rural newspaper and were later employed as a feature editor for a well-known newspaper.  You have completed a business administration degree.

8In 1982, you joined a small private publishing group which produced a computer magazine.  In 1986, you joined the leading daily newspaper where you became editor of a magazine called Amateur Radio Action.  You resigned from full time editorial work in 1993 but continued working for the company on a contract basis.  You had various other jobs and contracts generally in the radio and communications area.

9Between 2000 and 2003, you worked as a volunteer for the Queensland Fire and Rescue Service, having moved to Queensland shortly before.  Between 2002 and when you were charged in 2005 in Queensland, you were employed as a full time house photographer and Photoshop editor.  In short, you appear to be a relatively intelligent and well education person. 

10You married for the first time in December 1979.  You separated and were divorced in 1982 or 1983.

11In 1986, you began a relationship with another woman, married her in 1990, separated in about 2002 and divorced in 2006.  You and your second wife had two daughters and a son, all now of adult age.  It appears that you no longer have contact with them.

12In April 2006, you were arrested in relation to various sexual offences committed by you in Queensland, to which I shall refer later.  You remained in custody pending your trial for those offences and following your conviction in relation to them.  You were in custody from approximately April 2006 until February 2012.  That time, you were released on parole which period was completed in May 2014.  During the parole period, you were required to remain in Queensland.

13In February 2015, you were sentenced to a term of imprisonment by Judge Stuart of this court in relation to a number of sexual offences against young children.  Your application to the Court of Appeal for leave to appeal that sentence was refused in October 2015.  In May 2016, you were further sentenced by Judge Patrick of this court in relation to additional sexual offences against other young children in Victoria.  You have been in custody in Victoria from early February 2015 until the present date in relation to those sentences. 

14The principal purposes for which a court may impose a sentence in respect of offences such as these include firstly the denunciation of your offending conduct, secondly to deter you and others in the community from committing such offences in the future and thirdly, the protection of the community. I am required to have regard to a number of matters including the seriousness of your offences, your culpability for them, your personal circumstances, whether or not you pleaded guilty to the offences, any remorse shown by you for your offending and whether you have any relevant prior convictions. I have taken into account each of the matters set out in s.5(2) of the Sentencing Act 1991. I consider here that the issues are protection of the community, denunciation of your offending, and specific and general deterrence are paramount.

15I consider that the offences for which you are before the court are serious ones and that your culpability for them is high.  I note that the maximum penalty prescribed by Parliament for each of the offences for which you have been charged is five years' imprisonment.

16You have no relevant convictions which pre-date the offending conduct for which you are before the court today.  By that, I mean you have not been convicted in court of any offence or any relevant offence at the time you committed these offences.

17However, there are a large number of offences for which you have been convicted which were committed by you between about 2000 and 2006 in Queensland and between 1976 and 1982 in Victoria.  These are not to be treated as prior convictions.  However, they have relevance to my sentencing considerations in that they have relevance as to your prospects for rehabilitation and your risk of reoffending in the future.

18As best I can determine, those other sentences for other offences were as follows.  On 13 July 2007, you were sentenced by the District Court of Queensland for a series of sexual offences to a term of seven years and nine months' imprisonment, not to be eligible for paroled until December 2008.  On appeal, that sentence was reduced to imprisonment for six years and nine months with a non-parole period until August 2008.

19In March 2011, you were sentenced by the District Court of Queensland to three years' imprisonment for maintaining a sexual relationship with a child between the ages of eight and 13 over a five year period.

20In February 2015, Judge Stuart of this court sentenced you on 15 charges of indecent assault in relation to some six children.  Those offences were committed in Victoria between 1977 and 1982.  He ordered that you be imprisoned for six years and one month with a non-parole period of three years and seven months.

21In May 2016, you were sentenced by Judge Patrick of this court in respect of two counts of indecent assault involving two boys which had occurred in December 1976.  She sentenced you to 12 months' imprisonment on each count and ordered that four months of those terms be cumulative upon the sentence imposed earlier by Judge Stuart.

22You are currently in custody in relation to the sentences imposed by Judge Stuart and Judge Patrick.  Under their head sentences, you would be due for release on 3 July 2021.  You are currently eligible for parole as early as 2 January 2019.  Of course, I am unable to say if you were to be released on parole on that date.  That would be a matter entirely for the Parole Board to determine.

23In short, I am informed by counsel that you were in custody in Queensland from April 2006 until February 2012 and then on parole until May 2014, and then custody in Victoria for February 2015 until the present time.  Those periods in custody have all been in relation to sexual offences which I have referred to.

24Pursuant to Part 2A of the Sentencing Act, you fall to be sentenced as a serious sexual offender as that term is defined. It follows by reason of s.6E of that Act that every term of imprisonment imposed on you in respect of these offences must, unless directed by the court, be served cumulatively on any uncompleted sentence or sentences imposed upon you whether before or at the same time as that term.

25Notwithstanding, I take into account the principles of totality and proportionality which apply in situations which an offender may become subject to more than one sentence of imprisonment and in particular, where an offender is already serving a sentence of imprisonment for similar offences or has been previously punished in another jurisdiction for similar offences committed over a similar period in the past.  My duty as sentencing judge is to make sure that the totality of the consecutive sentences is not excessive.

26In respect of the offences committed by you in Victoria, that is those sentences imposed by Judge Stuart, Judge Patrick and those to be imposed by me, it is appropriate for me to consider what total sentence might have been imposed upon you had they all come before the one judge at the same time previously.

27Your counsel has submitted, and I accept, firstly that there is no suggestion that you have offended since 2006.  Having said that, I note that your opportunities for reoffending have been somewhat limited by reason that you were in custody for much of that period.  Secondly, you have no relevant prior convictions.  Thirdly, that there has been a considerable delay at least in relation to the complaint brought by Mr Guthrie in bringing this matter to court.

28Whilst your counsel submitted that this delay was no fault of yours, I do consider and take into account that it might have been dealt with far more quickly had your plea had been guilty at an earlier stage.

29Fourthly, you were relatively youthful at the time of your offending behaviour here.  Fifthly, reports from psychologists Jeffrey Cummins and Janelle Barnsley indicate that your risk of reoffending is low to moderate.  You have, sixthly, over a considerable period of time intensely pursued your rehabilitation.  You completed the high intensity sexual offender program during the last year of your custodial sentence in Queensland.  That program involved some 119 sessions and 351 hours.  You also completed the sex offender maintenance program whilst on parole.  You have also partaken in numerous workshops referred by Ms Barnsley in her report of February 2018.

30Further, I consider that notwithstanding the long period of your offending, you do have reasonable prospects for rehabilitation.

31With regard to the complainants, Mr Madden and Mr Blacket, they came forward reasonable recently and made complaints concerning you in the early part of this year.  There was no committal proceeding insisted upon by you in relation to those complaints and neither have either of those gentlemen been questioned by your legal representatives.  You pleaded guilty to those charges relating to Mr Madden and Mr Blacket at the very earliest opportunity.

32However, the same cannot be said in relation to Mr Guthrie.  He made a complaint to police in 1997, which for reasons unexplained was not followed up by police.  It was not your fault.  It appears however that his complaint was investigated in 2015.  At that time, police brought the complaint to your attention.  When you were interviewed by police, you told them that you had no memory of the events as alleged by Mr Guthrie and that you did not think you would have behaved in that way.  You denied the alleged offence had occurred.  Nevertheless, I accept that you have had the Guthrie complaint hanging over your head for at least the past three years.

33I believe a committal hearing was not conducted in relation to Mr Guthrie but the matter concerning his complaint came on for trial in September 2017.  The trial judge discharged the jury during the course of Mr Guthrie’s evidence.  Later that month, a second trial commenced.  A second jury was discharged as a consequence of the nature of a question asked by the jury.  A trial was refixed for hearing on 4 December last but adjourned when statements were obtained from Mr Madden and Mr Blacket.  They were joined as complainants and the trial date fixed for 29 January before me.  The matter resolved following discussions between the parties in the weeks leading up to that date.

34Ms Barnsley considered that you had accepted full responsibility for your offending behaviour.  I do not accept that this is so in relation to Mr Guthrie given your plea of not guilty at the first trial and the second trial relating to those complaints and your persistent plea of not guilty following the second trial up to a time very close to the scheduled commencement of the third trial.  It appears to me that your change of pela in relation to Mr Guthrie’s allegations only occurred when the prosecution case against you appeared to be a much stronger one once Mr Madden and Mr Blacket stepped forward.

35I do not accept that you have shown genuine remorse in respect to your offending against Mr Guthrie.  Your denial of the offences against him meant that he had to give evidence at two trials and had to prepare to give evidence again at the scheduled third trial.  On any view, those instances would have been extremely stressful periods for him.

36Your counsel also submitted that you suffer from a number of medical problems.  A hearing disability, varicose veins, arthritis in your hands, sleep apnoea, type 2 diabetes, high blood pressure, problems with your knees, a ligament problem with your left shoulder, bladder problems and an enlarged prostate gland.  Further documents relating to your health were tendered this morning as
Exhibit 3.

37I accept that you are not in great health and that incarceration may be somewhat more onerous for you than someone enjoying perfect health.  However, there is no evidence before me that these problems have not been treated adequately during your incarceration to date and I can assume that they will or are likely to be treated adequately in the future.  I accept that you do suffer from a chronic liver, kidney disease but you currently have follow up reviews scheduled in July 2018.  You are currently wait listed for a trust biopsy and colonoscopy.

38I consider that there are a number of aggravating features of your offending.  You were a scout leader at the time of this offending.  You were in a position of authority and trust in relation to these young boys.  The boys and their parents were entitled to believe that those with whom they would be involved in scouting activities would be of good character and at all times acting in their best interest.  Your offending conduct constituted a gross breach of that trust that they had in you.

39There was an obvious age discrepancy between you and each of the victims.  They were young and no doubt they all looked up to you.  You were in a position of authority in that scout group and you took advantage of them.

40Their references were tendered on your behalf.  Your younger brother, Andrew, considers that you are a changed man now although it must be noted that because of your periods in custody and later in Victoria, he has had limited opportunity to engage in normal social interaction with you.

41In the time between your periods of incarceration, he apparently resided in Victoria, whilst you spent most of your time in Queensland.  He considers that you are truly remorseful for your offending, for the reasons previously referred to, I am not convinced of his at least insofar as your offending against Mr Guthrie is concerned.

42Your current partner, Aron Matushiera and I apologise if I have mispronounced his name; your current partner has known you since soon after your release from prison in Queensland.  You have apparently lived with him since 2014, at least when you have been in Queensland.  He states that you have been open with him in relation to your previous offending, from the beginning of your relationship; just how this is consistent with your persistent denials of some of the allegations, is unclear to me.

43In any event, I note that he considers that you are supportive, trustworthy, and reliable.  Mr and Mrs Lord are retirees in Queensland who state that they met you over 20 years ago through amateur radio activities, and became good friends with you.  They describe you as being a loyal, honest, and helpful friend.

44It appears they have not seen much of you for some years.  They had no knowledge of your extensive offending over the period that they knew you.  It seems to me that they simply did not know you as well as they thought they did.

45Persons who are charged with sexual offences concerning children have often been noted to have committed these offences in clandestine circumstances and have often been considered to be respected members of the community.  Courts have regularly indicated that evidence of prior good behaviour is of limited significance in sentencing such offenders.

46Mr Geoffrey Cummins saw you on the one occasion and that was by video link in November 2015, approximately six months before you were sentenced by Judge Patrick.  He noted that you openly acknowledged that your history of offending indicated a diagnosis of both a paedophile and hebephile, that is a person having sexual attraction to persons who are post-pubescent, but underage.

47Mr Cummins noted that you were emphatic that you would never reoffend, partly at least because you were at that time in a loving relationship with your current partner.  Mr Cummins considered that your risk of reoffending was low to moderate. 

48He considered the risk factors were firstly you prolonged history of sexual offending against underage persons.  Secondly, that if your current intimate relationship was to break down you might be vulnerable to reoffending.  Thirdly, that you had an autism spectrum disorder.

49He thought your autism was relevant to your offending and subsequent offending, in that it was probably that your perception, judgment, and ability to think clearly was impaired at the time you offended.

50Reports dated in January 2015 and February 2018, from another psychologist Ms Barnsley, were also tendered.  She had consulted with you in relation to psychological support, as far back as 2012, shortly after your release from gaol in Queensland.

51She saw you again in December 2014, at the request of your legal advisors for the purposes of providing a report for Judge Stuart.  In her 2015 report, she noted that you had told her that you did not comprehend that your offending behaviour was in any way wrong.

52You told her that had someone actually spoken to you about the abuse being morally and legally wrong, you would have stopped it at once, and sought help.

53I note that when sentencing you in February 2015 in relation to offences committed by you between 1977 and 1982, Judge Stuart utterly rejected the suggestion that you did not know what you were doing was morally and legally wrong.  He noted that during and after one of your 1977 offences, you had told the victim involved not to tell anyone.

54He noted similar comments were made to other victims, and stated that such comments were an acknowledgement by you that you knew what you were doing was wrong.  With regard to the offences for which I am to sentence you, I too reject any suggestion that your perception, judgement or ability to think clearly, affected your appreciation of what was right and what was wrong.

55In her most recent report, Ms Barnsley noted that you had accepted full responsibility for your offending behaviour.  As I previously said, I find that inconsistent with your persistent plea of not guilty in relation to Charge 1, until very close to the date of the third trial.

56Ms Barnsley opined that you were of low risk for recidivism.  I note that both
Mr Cummins and Ms Barnsley appear to have obtained a full history from you about your upbringing, your schooling, your employment, your marriages, many of your interests, and the circumstances of some of your offending.  Yet neither of them make the slightest reference in their reports to you having any involvement with the scouting movement.

57This is puzzling in circumstances where they each obtained a very detailed history of many other aspects of your life.  I am able to draw an inference that you chose not to mention your involvement with the scouts to them, in the context of being interviewed by them, concerning sexual assaults.

58I prefer the view of Mr Cummins that a factor relevant to your risk of reoffending is the continuation of your current relationship with your partner.  I accept that your risk of reoffending is low to moderate.

59I note that Ms Barnsley, whilst obviously aware of your plea before Judge Stuart in February 2015, does not appear to have been made aware of the further plea before Judge Patrick and her sentence imposed in May 2016, or at least, she makes no reference of it.

60I have taken it into account victim impact statements of Mr Guthrie and Mr Madden; those statements vividly reflect the emotional injuries that offending such as yours afflicts on young children.  Those injuries are commonly long-term, and in their cases, those injuries appear to have had permanent and serious effects on them.

61Mr Blacket elected not to make a victim impact statement. Now, as I previously stated, you are to be sentenced as a serious sexual offender and pursuant to s.6D of the Sentencing Act, I must regard the protection of the community as the principal purpose for which a sentence is to be imposed.

62Although I am entitled to impose a sentence which is longer than that which is proportionate to the gravity of the offence or offences, in the light of their objective circumstances, the prosecutor here has not submitted that a disproportionate sentence is appropriate, and I shall not impose one.

63I accept the submission of your counsel that s.6E of the Sentencing Act should be read as being subject to the principles of totality referred to earlier.

64I consider that the offences for which you are currently before the court are serious ones, however, I do not consider that they are as serious as some of the offences for which you were sentenced in Queensland in 2006 and later, and those for which Judge Stuart sentenced you in 2015.

65Those offences include sexual penetration, oral sex, and masturbation with children.  Your 2011 Queensland sentence was in respect of the maintenance of a sexual relationship with a boy over a period of some five years.

66Nevertheless, I am satisfied that notwithstanding the period that has passed since those offences were committed, the purposes for which I am required to sentence to you cannot be achieved by any sentence that does not involve your further confinement.

67Taking all the circumstances into account, you will be convicted of each of three offences of indecent assault.

68In relation to Charge 1, the indecent assault of Mr Guthrie, you are sentenced to 15 months' imprisonment.  This will be the base sentence.

69In relation to Charge 2 and Charge 3, the indecent assaults of Mr Madden and Mr Blacket respectively, you are sentenced on each to 12 months' imprisonment. Notwithstanding the presumption of cumulation spelled out in s.6E of the Act, I consider that it is appropriate to order that those sentences be served concurrently, at least in part.

70I direct that the sentences imposed in respect of Charges 2 and 3 be served concurrently.  Further, I direct that six months of the terms imposed in relation to each of Charges 2 and 3 be served concurrently with the base sentence.

71It follows that the total effective sentence is 21 months' imprisonment.  I direct that six months of that sentence is to be served cumulatively on the sentences that you are currently serving.

72I direct that you are not to be eligible for parole for 14 months, calculated from this day. Pursuant to s.14 of the Sentencing Act I direct that this period be the new single non-parole period in respect of all sentences that you are to complete.

73Madam Prosecutor, what is the position with pre-sentence detention?  There is none?

74MS PIGGOTT:  There is none, Your Honour.

75HIS HONOUR:  Thank you.

76MS PIGGOTT:  Because he is undergoing sentence.

77HIS HONOUR: Yes, we will say nothing further about that. Pursuant to s.6AAA of the Sentencing Act, I declare that had you not pleaded guilty to these charges, I would have sentenced you to a term of imprisonment of 18 months, on each of Charges 1, 2, and 3, with a total of 15 months to be served cumulatively on your current sentences.

78Now, what orders are required to be made in relation to the Sex Offenders Registration Act and for that matter, any other ancillary orders?

79MS PIGGOTT:  He's already on the register, Your Honour.  But I think we discussed this last time, that ‑ ‑ ‑

80HIS HONOUR:  Remind me.

81MS PIGGOTT:  The order should be made again and it's order for life.

82HIS HONOUR:  Yes.  Now I did tell ‑ ‑ ‑

83MS PIGGOTT:  There are no other orders, because he's already been profiled and that profile is to be obtained.

84HIS HONOUR:  Just remind me of the section number of the relevant -
Serious Sex Offenders Detention and Supervision Act 2009.

85MS PIGGOTT:  It's the Sex Offenders Registration ‑ ‑ ‑ 

86HIS HONOUR:  I've got the wrong Act in my hand.

87MS PIGGOTT:  Yes, it's s.34, Your Honour.

88HIS HONOUR:  Yes.  Well, you, Mr Edmondson, will be declared a registrable offender in relation to these offences, and pursuant to s.34, that you must continue to comply with the reporting obligations imposed by the Act for the remainder of your life.

89Now you will receive shortly, a document that will set out what those reporting obligations are.  Obviously, for the moment whilst you are in custody, they do not apply.  But they will commence to apply immediately upon your release from custody.

90We do not seem to have the document handy, Ms Piggott.  There is a document that has got to be signed whilst the offender is in the court, as I understand it.  Or am I ‑ ‑ ‑

91MS PIGGOTT:  Yes, that is correct.  My instructor says that that is correct.

92HIS HONOUR:  Have you got a copy of what needs to be signed.  Can you lay your hands on one?  If not, we can just stand the matter down temporarily.

93MS PIGGOTT:  Apparently, it is produced by the Associate, Your Honour.  My instructor indicates that the OPP does not have a template of the appropriate form.

94HIS HONOUR:  Does not have a template.

95MS PIGGOTT:  No, no.

96HIS HONOUR:  Well, we will have one somewhere.  We might just stand that matter down.  Yes, we have got another matter that was scheduled to start at 10.30.  I do not know if anyone is in court for that, apparently not.

97MS PIGGOTT:  Your Honour, may I also be excused.  I have got a matter before Judge ‑ ‑ ‑

98HIS HONOUR:  Yes, well I am sure that your instructing solicitor is qualified.

99MS PIGGOTT:  Competent and expert in this, Your Honour.  She can assist Your Honour.

100HIS HONOUR:  Well, she can move around the other side of the Bar table and take over.

101MS PIGGOTT:  Thank you, Your Honour.

102HIS HONOUR:  I am sure with Ms Cooper, I will not be misled into error.  I will just stand the matter down shortly.  Was there anything else apart from the sexual registration matters that ‑ ‑ ‑

103MS PIGGOTT:  No, Your Honour.

104HIS HONOUR:  No other ancillary orders?

105MS PIGGOTT:  No other ancillary orders.

106HIS HONOUR:  Yes, we will just adjourn temporarily.

107(Short adjournment.)

108HIS HONOUR:  Yes, Mr Edmondson, I have prepared and signed the relevant sex offender's registration papers.  You are required to sign them too. I will hand it down to Ms Cooper, and she may wish to discuss them with you - I understand you have signed these before on earlier occasion.  It is nearly the same.

109MS COOPER:  Been signed a couple of times before, Your Honour.

110HIS HONOUR:  Yes.

111MS COOPER:  May I just approach Mr Edmondson?

112HIS HONOUR:  Yes, you may.  Thank you.  All signed?

113MS COOPER:  Yes, signed, Your Honour.  We will just obtain a copy from your Associate.

114HIS HONOUR:  Yes, we will give you a copy of that. Now, is there anything else that needs to be dealt with this morning?

115MS COOPER:  No, Your Honour.

116HIS HONOUR:  Yes.  Thank you.  Mr Edmondson, we will give you a copy - or do you want the copy now?

117OFFENDER:  Yes, thank you.

118HIS HONOUR:  You want him to have it now?

119MS COOPER:  Yes, and then I will take it down.

120HIS HONOUR:  Well just pause for a moment, while we just photocopy it.  Yes, thank you.  Mr Edmondson can be taken downstairs.  Thank you, and you are excused from the Bar table.

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