Director of Public Prosecutions v Fiddel (a pseudonym)

[2025] VCC 735

IN THE COUNTY COURT OF VICTORIA

AT BENDIGO

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER FIDDEL (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Bendigo
DATE OF HEARING:	14 May 2025
DATE OF SENTENCE:	30 May 2025
CASE MAY BE CITED AS:	DPP v Fiddel (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 735

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of Guilty – Incest – Relevant criminal history – Bugmy – Verdins – Poor prospects of rehabilitation – General and specific deterrence.

Legislation Cited:      Crimes Act 1958, as amended by the Crimes (Sexual Offences) Act 1991 s 44(2); Sentencing Act 1991 ss 6AAA, 6D, 6E, 6F, 18; Sex Offenders Registration Act 2004 s 34(1)(c).

Cases Cited:Lugo v the Queen [2020] VSCA 75; Bugmy v The Queen (2013) 249 CLR 571; Butler (a pseudonym) v The Queen [2021] VSA 129.

Sentence:                  Imprisonment for a period of 10 years with a non parole period of 7 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr D Cordy	Office of Public Prosecutions
For the Accused	Ms I Siriwardana	Victoria Legal Aid

HIS HONOUR:

Introduction

1Peter Fiddel,[1] you have pleaded guilty to two charges of Incest contrary to s 44(2) of the Crimes Act 1958, as amended by the Crimes (Sexual Offences) Act 1991 which carries a maximum penalty of 25 years imprisonment.

[1] A pseudonym.

2You have also admitted your Criminal Record.

Circumstances of the offending

3You are currently 59 years old. At the time of the offending, you were aged between 46 and 47 years old and were in a de facto relationship with Nina Ansel.[2]

[2] A pseudonym.

4The Victim in this matter is Bianca Fiddel[3] who is the biological daughter of Ms Ansel and Angus Fiddel[4] who passed away in 2007. At the time of the offending, the victim was eight years old.

[3] A pseudonym.

[4] A pseudonym.

5The relationship between you and the victim is two-fold in that:

(a)   you are uncle of the victim’s biological father Angus Fiddel; and

(b)   you were the de facto partner of the victim’s mother at the time of the offending.

6At the time of the offending the victim would call you ‘Dad’.

7You resided in Maryborough with Ms Ansel and her six children. Five children are from her previous relationship with Angus Fiddel and one is your biological child. The victim is the second youngest of Ms Ansel’s six children.

Incident 1 - Laundry

8The first incident occurred between 1 January 2012 and 31 December 2012 in the laundry room of a house in Maryborough. It was late at night, and everyone was asleep. The victim had been asleep and woke to go to the toilet. She then went back to bed when you called out to her.

9The victim got out of bed and went into the laundry where you were sitting on a chair in boxer shorts. You pulled down your boxer shorts exposing your erect penis. You then grabbed the victim’s hand and forced her to touch your penis (uncharged act).

10You then put your penis into the victim’s mouth. You grabbed the back of the victim’s head with your hands and pushed her head back and forth while your penis was in her mouth for a few minutes (Charge 1 – Incest).

11The victim was crying the whole time however she does not recall how the incident ended.

Incident 2 - Shed

12The second incident occurred between 1 January 2012 and 31 December 2012 in the shed located at the back of the property in Maryborough. The shed had a wall dividing the shed, with a room behind the wall.

13The victim was playing outside in the backyard when you called her into the shed. You took her behind the wall.

14You pushed your penis into the victim’s mouth and made her suck your penis. The victim was crying while this occurred.

15The victim does not recall how the incident ended.

Complaint and investigation

16On 16 February 2013, you told Ms Ansel that you had made the victim suck your ‘goorie’. The word ‘goorie’ is the Aboriginal word for penis. Ms Ansel later asked the victim if this had happened, and the victim said that it had. Ms Ansel did not ask further questions and did not report the matter to police out of fear of you.

17On 23 February 2013, Maryborough Police attended the home due to an unrelated incident. After you were removed from the property, the victim disclosed to Detective Leading Senior Constable Wade Andrews a sexual assault.

18On 24 February 2013, the victim and her mother Ms Ansel attended the police station and a VARE statement was taken from the victim. 

19On 25 February 2013, a Record of Interview was conducted with you to which you remained mute and did not comment on any of the allegations.

20On 15 June 2013, while the matter was still under investigation, you and Ms Ansel moved interstate with the six children including the victim.

21In late 2013 Ms Ansel returned to Maryborough with her children to live and you remained in New South Wales.

22On 7 April 2023, the victim then aged 19 years attended Maryborough Police Station with Ms Ansel and requested the matter be reinvestigated. On 17 May 2023, a further statement was obtained from the victim.

23On 12 December 2023, you were arrested by New South Wales detectives in Sydney and subsequently extradited to Victoria for this matter.

24On 13 December 2023, Police interviewed you at Bendigo Police Station where you again remained mute and did not comment on any of the allegations.

Nature and gravity of the offending

25Incest is an inherently serious offence which is reflected in the maximum penalty imposed by Parliament being 25 years imprisonment.

26In relation to the offence of incest in Lugo v the Queen[5] the Court of Appeal said:

As Maxwell P and McLeish JA said in Director of Public Prosecutions v Walsh (a pseudonym), sexual offending by a parent involves ‘a breach of trust of the most fundamental kind, and an inexplicable abdication of parental responsibility.  Just as seriously, it involves a cynical exploitation by the parent of the opportunity for sexual contact which being in that position of trust presents’.

And the impact on the child is likely to be profound and lifelong.  The sexual abuse deprives the child of the right to sexual autonomy and integrity, destroys the innocence of childhood and leaves the child with deep emotional and psychological injury. It also causes great distress to the other members of the family.

[5] [2020] VSCA 75 [6] (Maxwell P, Priest, Kaye, T Forrest and Emerton JJA).

27I respectively adopt the comments of the Court in Lugo.

28In this instance, you were a step parent to the victim who was eight years old at the time of the offending. While your counsel pointed to the absence of some aggravating factors, such as evidence of grooming or attempts to coerce the victim into silence, it was sensibly conceded that the offending is a serious example as it occurred in the sanctity of the victim’s home and involved a gross breach of trust.

29In all the circumstances in my view your offending falls in the mid range of offences of this nature.

Victim impact statements

30A victim impact statement written by Bianca Fiddel was tendered on the plea and details the harm and enduring impact that your offending behaviour has had on her. Ms Fiddel describes her ongoing emotional suffering including depression and anxiety which has caused her to withdraw from her family and friends. She explains that she now has trouble trusting people which has impacted her relationship with her mother and her intimate partners.

31Ms Fiddel also notes that the harm she has suffered as a result of your offending extends to her education, employment and wider social networks.

Personal circumstances

32You were born in Newcastle, New South Wales as the fourth child in a sibship of seven. You are a proud Awabakai and Worimi man from the Newcastle area.

33You have faced a number of significant difficulties in life commencing from birth. You were born with hip dysplasia and did not learn to walk until around the age of five. Further, you suffered from a speech impediment, and an undiagnosed intellectual disability meaning communication throughout your childhood was difficult for you. You were diagnosed with an intellectual disability later in your adulthood.

34You were born into a highly volatile family where you were exposed to persistent violence, sexual abuse and alcoholism. Your father had a severe drinking problem and was physically abusive towards you and your mother. You moved away from the family home at age 14 as you could no longer tolerate the beatings from your father.

35You experienced serious sexual abuse at a young age by an uncle which permanently and fundamentally affected you. You distanced yourself from your family members and became erratic with your school attendance. You became angry, untrusting and sought to escape your distressing emotions through alcohol abuse. You would run away from home for weeks at a time, often staying in the homes of strangers, living on the streets and surviving by stealing. Throughout this time, you were periodically detained in juvenile justice facilities where you were subjected to further sexual abuse by security and other staff members.

36You began consuming alcohol at a very young age and admit to drinking daily, consuming up to two flagons of port wine. Your alcohol abuse was an act of self-medication as it would stop you ruminating about the sexual abuse you experienced. Your illicit substance use began in your adolescence, and you have intermittently used methamphetamine, oxycontin and other drugs on a daily basis for months at a time. Your alcohol and drug abuse has entrenched you into a cycle of criminal justice involvement and you have spent most of your adult life incarcerated. Throughout your periods of incarceration, you experienced heavy withdrawal symptoms and often relapsed immediately after release. You are currently on the buprenorphine program while in custody.

37A report prepared by consultant forensic clinical psychologist, Dr Michael Davis dated 11 May 2025, was tendered on the plea and provides a comprehensive overview of your social and psychological history. I have read and taken the contents of the report into account.

38Dr Davis is of the view that diagnostically you are complex, and that whilst it is clear you suffer from compromised cognitive and intellectual functioning, it is difficult to determine the nature and extent of all your difficulties. Dr Davis explains that you are ‘very likely in the extremely low range of functioning, or at the very least, in the borderline range and best viewed as intellectually disabled’.

39Dr Davis further asserts that you have a damaged personality structure that has been complicated by fearful childhood attachments, serious sexual abuse and early onset alcohol and substance misuse. You have longstanding issues with socialisation and have not been able to sustain any positive attachments. Dr Davis establishes that you developed several Avoidant and Schizoid personality features which mean your personality functioning is at the very least, at a moderate level of impairment, if not a severe level of impairment.

40Your mental state is affected by several partial symptoms of major mental illness including physical health concerns, suicidality, tension, and an emotionally withdrawn interpersonal style which suggests the presence of maladaptive personality features. You further report profound changes in mood and character as a result of the sexual abuse you suffered as a child which changed your view of yourself, others around you, and the world. You experience nightmares and recollections of the abuse, shame and distrust and exercise excessively to avoid the intrusive recollections which in Dr Davis’s opinion, appropriates a diagnosis of sub-threshold PTSD.

41An Aboriginal Community Justice Report prepared by Djallama Hamilton was also tendered on the plea which provides a comprehensive analysis of your personal and cultural history. Ms Hamilton explains that the instability of your living conditions, combined with your cognitive difficulties has diminished your feelings of belonging and ability to integrate socially. Your transient lifestyle meant you lacked consistent access to healthcare, education, and disability support services, leaving your underlying cognitive and emotional needs unmet and reinforcing cycles of offending. The report also provides examples of your art which has become a means of you enhancing your cultural connections.

42You have an extensive criminal history predominantly in states other than Victoria commencing in 1982. Your history involves numerous offences of dishonesty and some sexual offending including a sentence of 8 years imprisonment imposed in NSW in 1997 for aggravated sexual intercourse, the circumstances of aggravation being threating actual bodily harm with a knife.

43When you left Victoria following this offending you were sentenced in NSW in 2015 to a term of imprisonment of 6 years with a non-parole period of 4 years and 6 months for aggravated sexual intercourse with a person aged over 10 years but below 14 years. In relation to that offending you were also placed on Extended Supervision Order in NSW on 8 November 2019 for a period of 5 years. As I understand the position, that order (and its review) is suspended while this matter is dealt with.

Sentencing considerations

Matters in mitigation

44Ms Siriwardana who appeared on your behalf submitted that there a number of matters to be taken into account in mitigation. First is your plea of guilty. Your plea in the circumstances is able be considered an early plea given the matter was effectively put on hold while you were in NSW serving a sentence. Your plea has saved the court considerable time and expense and most importantly, it has saved the victim from having to give evidence.

45It was submitted that you have also expressed remorse in your comments to Dr Davis where you indicated that you were sorry by referencing your own sexual abuse experience. As submitted by your counsel, while your expression of remorse is somewhat unsophisticated, it demonstrates that you have some insight into the long term impact of sexual offending against children. In my view you have demonstrated a degree of genuine remorse.

46It was submitted that the evidence demonstrates that your experiences of childhood trauma and depravation enliven Bugmy principles in both the general and specific expression of those principles. It was submitted that your history of sexual abuse, addiction, early separation from parental support and loss of connection to culture are matters that may be taken into account when assessing your moral culpability. While I accept that the principles can be given weight in this instance, as noted in Bugmy ‘the inability to control the violent response to frustration may increase the importance of protecting the community from the offender.[6]’

[6] Bugmy v The Queen (2013) 249 CLR 571 [40].

47Relying on the psychological material it was also submitted that Verdins principles 1, 3, 4 and 5 have application. Dr Davis references your extremely low range of functioning which he states is best viewed as ‘intellectually disabled’. Further that the combination of your intellectual disability combined with your personality disorder is ‘at the core’ of your impoverished decision making abilities. Dr Davis is also of the view that you will cope poorly in prison and become more confined as a result of your psychological profile. In the circumstances I accept that Verdins  principles 1, 3, 4 and 5 are able to be given appropriate weight in the sentencing discretion.

48Your prospects of rehabilitation can only be assessed a relatively poor. You are 59 years of age with an extensive criminal history including prior convictions for serious sexual offending. You are also subject to an Extended Supervision Order in NSW in relation to subsequent serious sexual offending. Dr Davis is of the view that you pose a moderate to high risk for sexual recidivism although he noted that your advancing age is a protective factor that will impact future considerations in relation to your sexual offending risk. Nonetheless it appears that you have some insight into your offending and the underlying traumas that you continue to battle with. You have also expressed a willingness to engage with programs to address these issues. If you follow through with your commitment to engage with the programs offered to you then in my view, your prospects may improve in time.

Other sentencing principles

49Deterrence, both general and specific, together with protection of the community are all prominent sentencing considerations in this instance. You have an appalling criminal history and relevant prior convictions for serious sexual offending. A message must continue to be conveyed that committing incest, particularly where the victim is a child, will only be met with significant penalties. Further you must be deterred from contemplating further offending of this nature and the community must be protected.

50Pursuant to s 6F of the Sentencing Act 1991 (‘Sentencing Act’), you fall to be sentenced as a serious offender. As such, any sentence of imprisonment imposed on the charges you have pleaded guilty to attracts a presumption of cumulation pursuant s 6E, requiring the court to consider protection of the community as the principal sentencing purpose, pursuant to s 6D.  However, the prosecution does not seek a disproportionate sentence to achieve these ends, and the overarching principle of totality therefore continues to apply.

51Turning to totality more specifically, it was submitted that the principle has application when consideration is given to the delay in charging you, your subsequent term of imprisonment in NSW, and the current Extended Supervision Order. The principle of totality has application in a variety of ways including where sentences have been imposed for offences committed on different occasions in different states.[7] In this instance in the circumstances I accept that the principle does have application.

[7] Butler (a pseudonym) v The Queen [2021] VSA 129.

Sentence

52Mr Fiddel, would you please stand.

53Peter Fiddel, on Charges 1 and 2, incest, you are convicted and sentenced to 8 years imprisonment on each charge. I direct that 2 years of the sentence on Charge 2 be served cumulatively on the sentence imposed on Charge 1 making for a total effective sentence of 10 years imprisonment. I further direct that you serve 7 years before becoming eligible for parole.

54Pursuant to s 18 of the Sentencing Act, I declare that 535 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

55Pursuant to s 34(1)(c) of the Sex Offenders Registration Act 2004, you will be subject to reporting conditions for the remainder of your life.

56Pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to a period of 14 years imprisonment with a non parole period of 10 years.