Director of Public Prosecutions v Engler (a pseudonym)
[2023] VCC 1600
•7 September 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES ENGLER (A PSEUDONYM) |
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JUDGE: | Her Honour Judge Hassan | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 29 August 2023 | |
DATE OF SENTENCE: | 7 September 2023 | |
CASE MAY BE CITED AS: | DPP v Engler (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1600 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence — Indecent act with or in the presence of a child under 16 (2 charges), persistent sexual abuse of a child under the age of 16 (2 charges), sexual activity in the presence of a child aged 16 or 17 (1 charge), sexual penetration of a child or lineal descendent (1 charge) — plea of guilty —
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Bugmy v The Queen (2013) 302 ALR 192; Worboyes v The Queen [2021] VSCA 169
Sentence: Total effective sentence of 14 years imprisonment with a non-parole period of 10 years.
Section 6AAA declaration: had the accused not pleaded guilty to these offences a total effective sentence of 17 years imprisonment with a non-parole period of 14 years would have been imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D. Brown | Solicitor for the Office of Public Prosecutions |
| For the Accused | Ms A. Sharpley | Stary Norton Halphen |
HER HONOUR:
1James Engler, you have pleaded guilty to charges involving the sustained sexual abuse of your two daughters, Kim[1] and Maria[2]. Kim was aged around 7 and 14 years old when you offended against her, and Maria was aged between 8 and 16 years old.
[1] A pseudonym
[2] A pseudonym
2The charges to which you have pleaded guilty are two charges of indecent act with or in the presence of a child under 16 (Charges 1 and 2) for which the maximum penalty is a term of imprisonment of 10 years; two charges of persistent sexual abuse of a child under the age of 16 (Charges 3 and 4) for which the maximum penalty is a term of imprisonment of 25 years; one charge of sexual activity in the presence of a child aged 16 or 17 (Charge 5) for which the maximum penalty is a term of imprisonment of 5 years; and one charge of sexual penetration of a child or lineal descendent (Charge 6) for which the maximum penalty is a term of imprisonment of 25 years.
3Persistent sexual abuse of a child, and sexual penetration of a child or lineal descendent are Category 1 offences for the purposes of s5(G) of the Sentencing Act 1991 (Vic) and the Court must impose a custodial order. A combination sentence is unavailable pursuant to s44 of the Act.
4Persistent sexual abuse of a child is also a standard sentence offence for offences committed after 1 February 2018. The standard sentence therefore applies to Charge 4 but not to Charge 3. The standard sentence is 10 years' imprisonment.
5Sexual penetration of a child or lineal descendent is also a standard sentence offence and the standard sentence is 10 years' imprisonment.
6Tendered at your plea was a summary of prosecution opening which sets out the agreed facts and circumstances of your offending which were as follows. I begin with your daughter, Kim.
7On a date between 1 April 2015 and 1 September 2016, when she was aged around 7 or 8 years of age, Kim came home from school and played on the trampoline. You called her inside and questioned her about whether she liked boys. You took your penis out of your pants and showed it to her. Kim asked you why you were showing her your penis and she said she was your daughter and was not supposed to see that.
8You asked Kim to touch your penis and when she refused you forced her hand onto your penis. Kim tried to break away and said she would tell her mother, but you told her that if she told her grandmother (who lived with the family) she would be grounded. You pulled her onto a couch and grabbing her by the wrist, moved her hand up and down your penis until you ejaculated (Charge 1 – indecent act with or in the presence of a child under 16).
9Between 1 January 2019 and 31 December 2019, Kim who was now around 10 or 11 years old was at home with an injured knee. You called her into the bedroom where you forced her hand on to your penis. You touched her breasts and pinched her nipples and grabbed at her vagina (Charge 4 – persistent sexual abuse of a child under 16; incident 1).
10The next incident occurred between 1 February and 1 March 2022 when Kim was aged around 13 years old. On this occasion you entered Kim’s bedroom and grabbed Kim’s breasts from behind. You pulled out your penis. You began rubbing her vagina and told her to open her legs. She refused and you used your feet to force her legs apart and began rubbing her clitoris. You turned Kim around and held her by the chin and began tongue kissing her. You used your other hand to hold Kim’s wrist and forced her to rub your penis. This incident was interrupted when Maria entered the room (Charge 4 – incident 2).
11The next incident occurred between 1 January 2022 and 30 March 2022, when Kim was around 13 years old. She was at home and went into your bedroom to put some clothing on the bed. You were in the bedroom and prevented her from leaving.
12You grabbed Kim’s arm and pulled her on your side of the bed and touched Kim’s breasts under her clothing while forcing her to touch your penis while you pulled her pants down. This incident was interrupted when your youngest child Beverley[3] came into the bedroom (Charge 4 - incident 3).
[3] A pseudonym
13The next incident occurred on Tuesday the 29 March 2022 when Kim was 14 years old and at home sick from school. You came into her bedroom and told her you wanted to cuddle. Kim said no. You grabbed her arm and forced her hand onto your penis. You tried to kiss her using your tongue. Kim was trying to push you away. You persisted for around 10 minutes before you heard a noise and stopped (Charge 4 – incident 4).
14The final incident in this charge occurred later in the afternoon. You had been out and returned home and asked Kim to bring you a towel. Kim did so and you began touching her breasts and pinching her nipples both over and under her clothing.
15You forced Kim onto the bed and began rubbing her vagina over her clothing. You told her to open her legs and began rubbing her clitoris. You took out your penis and forced Kim to rub it. You told Kim to sit on your penis. She refused. You told her to suck your penis and you grabbed her head. You rubbed your penis against her cheek and then ejaculated and pulled up your underpants (Charge 4 – incident 5).
16I turn now to the offending against Maria.
17When Maria was under 10 years of age, you started grabbing her breasts and her bottom over her clothing. You would tell her the grabbing was accidental.
18Between 14 July 2015 and 13 July 2016 when Maria was aged around 10 to 11 years old you told her to come to your bedroom where you pushed her onto the bed and removed your penis from your pants. You began ‘dry humping’ her leg with your exposed penis. Maria was confused and asked you what was happening. You apologised and said your pants had slipped. You grabbed her breasts. She told you she did not like what you were doing and told you to stop. Maria says she was scared.
19On another occasion between 14 July 2015 and 13 July 2016, you came into Maria’s bedroom. She pretended to be asleep. You began grabbing at her breasts. You tried to grab her vagina but you stopped when you heard your wife. Maria confronted you after this incident and told you she didn’t like what you were doing and told you to stop. You told her that if she did not like what you were doing she would not have let you do it (Charge 2 – rolled up count indecent act with or in the presence of a child under 16).
20Between 14 July 2017 and 13 July 2018 when Maria was aged around 12 to 13 years old, Maria was watching a movie with you in your bedroom.
21You leaned over to Maria and said, 'Trust me, you’ll like this'. She said, 'No, I don’t want to do this’'. You then started trying to insert your fingers into her vagina. Maria squeezed her legs together but was unable to stop you from penetrating her vagina with one finger and then attempting to insert a second finger. This caused Maria pain. While your fingers were penetrating Maria’s vagina, she continued trying push you off her.
22You then grabbed Maria’s hand and put it on your penis and masturbated until you ejaculated, using a towel to clean up as Maria left the room. Maria told her mother about this incident. You accused Maria of making it up (Charge 3 – persistent sexual abuse of a child under 16 – incident 1).
23Between 14 July 2017 and 26 December 2018, when Maria was around 12 to 13 years old, you were lying down in your bedroom, and you made Maria sit on top of you. You held her by the arms when she attempted to get away. You grabbed her by the breasts telling her 'I’m almost done' (Charge 3 – incident 2).
24The next incident occurred between 27 December 2018 and 15 November 2021 – and Maria was aged between approximately 13 and 15 years old. On this occasion Maria was unable to sleep and came out of her bedroom at around 3 am. You saw her and asked her to come with you. You went to a back room. Maria attempted to leave when she saw you put your hands down your pants. You pinned her against a wall and held her while you masturbated and ejaculated onto her shorts (Charge 3 – incident 3).
25The next incident occurred between 1 January 2021 and 1 April 2021, when Maria was around 15 years old. You were in your car with her. You asked Maria if she had ever kissed a boy. You exposed your penis to her and forced her hand onto your penis. She pulled her hand away and you put your penis back in your pants (Charge 3 – incident 4).
26On 2 December 2021, you called Maria into the garage and began questioning her about her 'romantic life'. You took out your penis and masturbated in her presence until you ejaculated. You told her it was good for her to 'see how a man finishes'. Maria was able to briefly record you masturbating in her mobile phone. On 16 December 2021 again you masturbated in front of Maria in the garage. Again, she was able to record it (Charge 5 – rolled up charge of sexual activity in the presence of a child of 16 or 17 under care, supervision or authority).
27Maria managed to leave the garage and returned to the house. As she was heading up the stairs, she heard you following her. When Maria sat on the couch in the living room, you approached her from behind and whispered in her ear, licked her around the ear and neck, and started groping at her. You forced one of your hands into Maria’s shorts and used your other hand to masturbate your exposed penis.
28Maria tried to squeeze her thighs together to stop you, but you managed to penetrate her vagina with your fingers for a couple of seconds. This occurred a couple of times during this incident as Maria kept trying to push you away from her. You continued to masturbate before ejaculating and leaving the lounge room (Charge 6 – rolled up charge of sexual penetration of a child or lineal descendent - incident 1).
29Between 15 of January 2022 and 15 February 2022, Maria was at home taking a nap when you climbed on top of her and began trying to stretch her shorts over to the side. Maria woke up and attempted to push you off her, but you took your penis out and spread her legs apart while holding one leg up.
30You attempted to insert your penis into Maria’s exposed vagina but she was able to manoeuvre away to prevent your penis from penetrating her vagina. Maria could feel your penis touching the back of her leg.
31You then used your fingers to penetrate Maria’s vagina while she continued to resist by kicking out at you. You told Maria that, 'You know I wasn't going to do anything to hurt you', telling her that she was, 'Just being dramatic right now’' (Charge 6 – incident 2).
32Sometime in early 2018 Maria told her grandmother, Maria, that you had touched her. Her grandmother told her mother Judy[4] who confronted you. You denied any wrongdoing and said any touching was only playfighting and there must have been a misunderstanding.
[4] A pseudonym
33On 4 November 2019 Child Protection received an anonymous report about Maria. When questioned Maria denied the allegation. Her mother Judy also denied having been told anything.
34On 29 March 2022 school friends of Kim disclosed to a school wellbeing officer that Kim had told them she was being abused. Police were contacted. Kim and Maria both made video statements detailing your abuse on 31 March 2022.
35On 31 March 2022 you were served with a Family Violence Safety Notice. You attempted to commit suicide and were admitted to hospital. After your release you participated in a record of interview in which you gave 'no comment' answers.
36You have however made admissions about your conduct.
37On 2 April 2022 you told a friend you were sick and needed help. You asked him to buy you a ticket to Greece.
38On 3 April 2022 you told another friend you had a disease and could not be cured. You said you did not force or threaten your victims.
39You told another friend on the same day you were sexually assaulting the girls but said you did not rape them and that you did not make them stay and if they had moved away, you would not have chased them. You said you needed help and did not want to go to gaol and the girls did not want you to go to gaol.
40Finally on 4 April 2022 you told another friend that you had a disease and you had touched your two older girls around five or six times over the last seven years.
41You were arraigned and pleaded guilty in this Court on 23 February 2023. There was a lengthy process of resolving this matter and special hearings for the two victims were scheduled on 21 February 2023, but they were vacated and this matter has resolved without either of the child victims having to give evidence.
Victim Impact Statements
42Kim, Maria and their mother Judy have made victim impact statements.
43I begin with Kim.
44Kim says that when you were abusing her she thought it was normal but she was confused and frightened. She says because of what you have done to her she suffers anxiety about the wellbeing of her mother and her youngest sister. She says she has lost trust in adults. Kim says your abuse has affected her physically and mentally. She says she has been going to a psychologist for about one year about her mental health. She says she has been treated by doctors because her periods stopped about two years ago due to stress and trauma. She says she has always dreamed of the perfect wedding. She says she now has no one to walk her down the aisle. The family no longer has a father figure, and if she has children, they will not have a grandfather.
45Turning now to Maria.
46Maria says you stole her childhood innocence. She says when she spoke up you told everyone she was just craving attention after the birth of her youngest sister. She says your offending has wrecked her mental health but she says she is getting the help she needs. She says you used to say to her that she should not be the one to start fights at school, but if she got into a fight, she should make sure she was the last one standing. She says, 'You started all this, so this is my final say and I’m still standing'.
47The girls’ mother, Judy says you made her feel she was not a capable mother. She says Kim and Maria have been so traumatised that they had to leave the family home. She says Maria stopped going to school for a while. She says she had to take six months off work to support the girls. She says all three of your daughters have been seeing a psychologist.
48I take into account the effects of your offending on Kim and Maria in the sentence that I will impose upon you.
Personal Circumstances
49I turn now to your personal circumstances.
50You were born in October 1976 in Rhodes, Greece. You are presently 46 years old.
51You were assessed by Dr Matthew Barth, psychologist, who prepared a report dated 15 August 2023 which was tendered at your plea.
52Dr Barth says you described a complex and abusive childhood during which you and your twin sister were sexually abused by your father. You told Dr Barth your father also abused other children in the neighbourhood. In your case you said the abuse only stopped when you were old enough to resist. You told Dr Barth you were also abused by a cousin on two occasions. You described a good relationship with your mother who divorced your father when he was imprisoned in 2008. Your father was released from prison following a successful appeal only one or two years later but you have had no contact with him and are unsure if he is still alive.
53You had an older sister who died in October 2021 and your mother died in January 2022. Your only remaining contact in Greece is your twin sister.
54You completed your schooling in Greece. You left school at 15. You told Dr Barth you were a poor student. You worked in a hotel for 17 years. You emigrated to Australia in 2013 when you met your wife. Dr Barth found you to have an idealised view of your marriage although you told him your physical intimacy with your wife deteriorated after the birth of your third child.
55You have no history of abusing drugs or alcohol.
56You have no prior criminal history.
57Since arriving in Australia you have struggled to master English. In 2016 you worked for a bus company. Your role was a supervisory one.
58You told Dr Barth that you offended against your daughters because you 'have a sickness'. You told Dr Barth that you felt that your daughters were receptive and that you were teaching them about sexual matters. You told Dr Barth you were ashamed of your offending.
59Dr Barth assessed you of being of normal or slightly below average intelligence.
60He found you to be a socially awkward man. On your sexual adjustment Dr Barth gives the opinion that although you identified your predominant sexual orientation as being toward adult women, you ascribed a precocious sexuality to your daughters and reasoned your daughters possessed the emotional and psychological maturity to engage in sexual behaviour with you. Dr Barth says in sexual offending research literature such thoughts are referred to as 'offence supporting cognitions' which are distorted thoughts and/or attitudes that serve to motivate and justify sexual offending.
61Dr Barth gives the opinion that your offending discloses a profound difficulty delineating between healthy familial affection and romantic or erotic feelings for your daughters. He says this appears to stem from the abuse and dysfunctional sexual behaviour you experienced as a child at the hands of your father. Dr Barth says,
'Together these attitudes underpinned Mr [Engler]’s offending. Firstly, his confusion of filial affection and erotic attachment led him to develop a grossly dysfunctional sexual interest in his daughters. Secondly, his belief that they were sufficiently mature to participate in sexual behaviour which allowed him to overcome the taboo of incest. Finally, his inadequate personality and lack of interpersonal skills meant that he felt unable to find more appropriate ways to overcome the intense difficulties with regard to the level of intimacy with his wife. At the time of the assessment, Mr [Engler]’s insight into his offending was poor. Participation in a specialist sex offender program is clearly warranted and should be implemented at the earliest opportunity.'
62Dr Barth assessed your risk of sexual recidivism using two types of variables. Using historical factors, which were your age, your lack of a prior criminal history, having had a long term intimate relationship and your offending having been committed against two related victims, you were assessed as a low risk of sexual recidivism. Using the Risk of Sexual Violence Protocol (Version 2), which looked at factors such as the duration of your offending, its coercive aspects and the escalation of sexual violence involved, you were assessed as no less than a 'moderate risk' of reoffending.
63Dr Barth concluded that you are currently experiencing reactive depression and anxiety since your arrest although not to the extent to warrant a diagnosis.
Submissions
64I turn now to the submissions of the parties, and I begin with the submissions made on your behalf.
65On your behalf Ms Sharpley of counsel relied on the following matters in mitigation of sentence.
66First, your lack of a prior criminal history.
67Secondly, your plea of guilty which has spared your children and your wife having to give evidence and occurs at a time where there remains a considerable backlog of cases before the Court due to the delays occasioned in running jury trials during the COVID–19 pandemic.
68Your counsel further submitted that your plea of guilty in conjunction with expressions of shame and remorse to Dr Barth, and your admissions to friends in April 2022, are indicative of remorse on your part.
69Thirdly, it was submitted there was a nexus between your childhood experiences of sexual abuse and your offending that enlivens Bugmy[5] considerations.
[5] Bugmy v The Queen (2013) 302 ALR 192 (“Bugmy”)
70Fourthly, it was submitted your time in custody will be a very lonely and isolating experience for you in circumstances where your English is limited, and you have no visits from any friends or family in Australia. Furthermore, you are not an Australian citizen and face the prospect of deportation. You had intended to settle permanently in Australia and you have limited support structures back in Greece. Consequently the prospect of deportation is a matter that will hang over your head while you are in custody, and is another matter that will make you time in custody very difficult.
71Fifthly, it was submitted that I should assess you as being capable of rehabilitation or assess your prospects of rehabilitation as moderate. A number of certificates were tendered on your behalf that demonstrate that you have completed a number of courses and have participated in counselling in custody. You are employed as a kitchen hand, and you are visited by an Orthodox priest and have a Bible in Greek to read. Further there was Dr Barth’s opinion that you pose a low or moderate risk of reoffending which could be addressed by specialist sex offender treatment.
72Sixthly, while acknowledging the serious nature of your offending and the applicability of the standard sentence provisions and the Serious Sexual Offender provisions, it was submitted the principle of totality required that the overall sentence remain just and proportionate to the totality of your offending.
73On behalf of the prosecution Mr Brown submitted your offending was very serious and represented an egregious breach of trust. He submitted your offending was aggravated by the fact it occurred over an extended period of time and continued after Maria had complained about it. He submitted the offending has had a severe impact on your victims. He acknowledged your plea of guilty was an early one and could be treated by me as indicative of some remorse. He acknowledged there was some application of Bugmy principles given your own history of sexual abuse. Mr Brown submitted that general deterrence, denunciation and just punishment should be at the forefront of the sentencing exercise and submitted that specific deterrence and community protection were also engaged given Dr Barth’s assessment of your risk of reoffending. Mr Brown acknowledged the application of totality but submitted the total effective sentence and the non -parole period should reflect the fact there are two victims.
74There was no dispute that your offending called for a term of imprisonment consisting of a head sentence and a non-parole period.
Objective Gravity and Moral Culpability
75I turn now to my own assessment of the gravity of your offending and your moral culpability.
76Your offending was objectively very serious offending. It involved the prolonged sexual abuse of your two daughters which began in the case of both Kim and Maria at a very young age. You subjected to your daughters to coercive sexual behaviour when they were clearly unwilling and trying to resist you. They must have been distressed, confused, and humiliated that their own father was doing this to them. It was your role to love and care for your children not to subject them to your abhorrent and deviant sexual behaviour. Your actions included groping your daughters, exposing your penis and masturbating to the point of ejaculation in front of your daughters, attempting sexual penetration and, in both cases, sexual penetration. In Kim’s case this involved you rubbing her clitoris, and in Maria’s case you penetrated her vagina with your fingers. It is clear you had no intention of stopping and indeed you were wanting to engage in further acts of sexual penetration with your daughters including penile vaginal penetration and trying to get Kim to suck your penis.
77When Maria complained about your offending you told your wife it was a misunderstanding and told Maria not to make things up. Your continued abuse of Maria after her complaint is an aggravating circumstance of your offending against her.
78Charges 2, 5 and 6 which concern Maria are rolled-up charges. One of the benefits to you by virtue of your plea of guilty is you are to be sentenced on these charges in accordance with a single maximum penalty, however in assessing the gravity of these charges and your moral culpability, I take into account they involve multiple incidents and the sentence I impose must be reflective of the full criminality of your offending.
79Your moral culpability is very high. I accept there is some moderation of your moral culpability in accordance with Bugmy principles in that your own history of serious childhood sexual abuse explains to some extent why you abused your own daughters and I accept the conclusions in Dr Barth’s report on this topic. However, weighted against this is the very grave nature of your offending against both of your young daughters, and its aggravating features. Furthermore, the prolonged and persistent nature of your offending enlivens the sentencing principles of specific deterrence and community protection.
Application of Sentencing Principles
80The predominant sentencing considerations in cases involving the sexual abuse of children are general deterrence and denunciation. The sentence I impose must send a clear message that the sexual abuse of children will not be tolerated by the courts and on behalf of the community I denounce your conduct. A father sexually abusing his own children is morally depraved conduct which has profoundly damaging consequences for its victims.
81As stated, specific deterrence and community protection are also engaged in sentencing you.
82You have pleaded guilty, and I sentence you in accordance with the principles set out in the case of Worboyes[6].
[6] Worboyes v The Queen [2021] VSCA 169
83In accordance with Dr Barth’s conclusion, I find you have little insight into your offending and I find that you have expressed only some limited remorse by way of your plea and in your statements to Dr Barth. Your early statements to friends were self-serving and in your discussions with one friend you tried to secure money to go back to Greece.
84I accept that prison is a very difficult and lonely place for you, and I accept the prospect of deportation hanging over your head is an additional stressor and that you have lost the opportunity to settle here in Australia.
85I am guarded about your prospects of rehabilitation. Dr Barth assessed you as a low to moderate risk of reoffending. You face a lengthy term of imprisonment. You have indicated you are prepared to participate in sex offender treatment. Hopefully you will have this opportunity.
86You fall to be sentenced as a serious sexual offender on Charges 3 through to 6. The Court is therefore required to consider protection of the community as the principal purpose for which sentence is imposed, although the prosecution do not seek a disproportionate sentence. The Court is also required to impose cumulative sentences unless otherwise ordered. The principle of totality is not displaced by the application of the serious sexual offender provisions.
87Totality is an important sentencing consideration given you face a number of very serious charges all potentially attracting significant terms of imprisonment. I must sentence you to an overall head sentence and non-parole period which reflects the totality of your offending against both of your victims. I accept the prosecution submission that given there are two victims who have both endured very grave sexual abuse at your hands, there should be significant cumulation between the two.
88I take into account the maximum penalty for the offences . I also take into account the standard sentence for the offence of persistent sexual abuse of a child on Charge 4 and for sexual penetration of a child or lineal descendent on Charge 6. A standard sentence is not the same thing as a mandatory sentence, nor is a standard sentence the primary sentencing consideration or the starting point, from which to add or subtract time. It is but one matter I must take into consideration, and I do so. I must explain how the sentence I impose relates to the standard sentence and I have in these reasons endeavoured to set out fully all the facts, matters and circumstances I have taken into consideration in sentencing you.
89Given my assessment of the gravity of your offending, your moral culpability and the mitigatory matters upon which you relied, I intend to sentence you to a sentence that is less than the standard sentence on Charges 4 and 6. Taking into account all the matters that I am required to under the Sentencing Act and matters personal to you, I intend to sentence you as follows;
Sentence and Orders
90You are convicted on all charges.
91On Charge 1 you are sentenced to two years' imprisonment.
92On Charge 2 you are sentenced to two years and six months' imprisonment.
93On Charge 3 you are sentenced to eight years' imprisonment.
94On Charge 4 you are sentenced to nine years' imprisonment.
95On Charge 5 you are sentenced to one year and six months' imprisonment.
96On Charge 6 you are sentenced to five years' imprisonment.
97Charge 4 is the base charge. I direct that four years of the sentence on Charge 3 and one year of the sentence on Charge 6 be served cumulatively upon Charge 4 and upon each other.
98That makes a total effective sentence of 14 years' imprisonment.
99Section 11A of the Sentencing Act, directs that unless it is in the interest of justice not to do so, the Court must fix a non-parole period, in this case of at least 60 per cent of the total effective term of imprisonment.
100I am directing that you must serve a period of 10 years before you are eligible for parole.
101You are sentenced as a serious sexual offender on Charges 3 through to 6 and I direct that be entered into the records of the Court.
102Pursuant to s6AAA of the Sentencing Act 1991 (Vic), had you pleaded not guilty, you would have been sentenced to a total effective sentence of 17 years with a non-parole period of 14 years.
103Pursuant to s18(4) of the Sentencing Act 1991 (Vic), I declare that you have served 520 days of the sentence I have passed upon you and I direct that this be entered into the records of the Court.
104Pursuant to the Sex Offender Registration Act you are a registered sex offender for life.
105I make the forfeiture and disposal orders sought by the prosecution.
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