Director of Public Prosecutions v Fioravanti (a pseudonym)
[2025] VCC 1224
•15 May 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBROURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSEPH FIORAVANTI (A PSEUDONYM) |
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| JUDGE: | HIS HONOUR JUDGE GUCCIARDO |
| WHEREHELD: | Melbourne |
| DATEOFHEARING: | 27 February 2025 |
| DATEOFSENTENCE: | 15 May 2025 |
| CASEMAYBECITEDAS: | DPP v Fioravanti (a pseudonym) |
| MEDIUMNEUTRALCITATION: | [2025] VCC 1224 |
REASONS FOR SENTENCE
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Subject: Criminal Law – Sentence upon plea of guilty
Catchwords: Twenty-one charges – Indecent assault – Indecent assault person under 16 – Indecent assault child under 16 – Incest – Sexual penetration child or lineal descendant – Sexual activity in presence of child aged 16 or 17 under care, supervision or authority – Sexual assault of child aged 16 or 17 under care, supervision or authority – guilty plea – seven victims including grandchildren and nieces – offending from 1977 and 2023 – premeditated offending – high moral culpability – serious sexual offender – no prior convictions – advanced age taken into account – guarded prospects of rehabilitation
Legislation Cited: Sentencing Act 1991 (Vic); Crimes Act 1958 (Vic); Migration
Act 1958 (Cth); Crimes (Sexual Offences) Act 1991 (Vic) Cases Cited: R v RLP [2009] VSCA 271; Long (a pseudonym) v R [2025]
VSCA 15; DPP v Wilson (a pseudonym) [2018] VSCA 263; R v PLV [2001] NSWCCA 282
Sentence:Total effective sentence of 13 years and 8 months, with a non- parole period of 9 years.
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| APPEARANCES: | Counsel | Solicitors |
FortheCrown | Ms H. Devanny (Sentence) Ms H. Baxter (Plea) | Office of Public Prosecutions |
FortheAccused | Mr S. Tovey | Doogue + George Defence Lawyers |
HIS HONOUR:
1Joseph Fioravanti,1 you pleaded guilty to an indictment which contained 21 charges, all related to sexual offences: one charge of indecent assault; six charges of indecent assault of a person under 16; one charge of indecent assault of a child under 16; one charge of incest; two charges of sexual penetration of a child of lineal or lineal descendant; five charges of sexual assault of a child under the age of 16; two charges of sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority; and three charges of sexual assault of a child aged 16 or 17 under care, supervision or authority.
2The different descriptions of the offending in the particulars and statement of offence is understood when one considers the circumstances of the offending, the timeframes involved in this extended period of offending, and by the various iterations of the amendments which were put in place by legislative updates during those years.
3Your offending began in May 1977 and concluded in August 2023. Though Charges 10 and 19 are described differently, they are in effect together with Charge 9 charges of incest, involving acts of sexual penetration involving your granddaughters and carrying the same maximum penalty applicable to each. Thirteen charges are effectively charges of indecent or sexual assault of assault of a child, Charges 1 to 8, 11, 17, 18, 20 and 21. Two charges of sexual activity in the presence of a child under care, supervision or authority ; Charges 12 and 14. And three charges of sexual assault of a child under care, supervision or authority; Charges 13, 15 and 16.
4There are seven victims. Two are your granddaughters, the victims of offences between 2018 and 2023 (Charges 9-21) and five victims who are either your nieces or neighbours of yours (Charges 1 to 8), occurring between
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1977 and 1988.
5The circumstances of the offending are outlined in a summary of prosecution opening document tendered upon your plea. This document deals with the offending in some detail, and it is an agreed set of facts which I will briefly refer to. I should indicate for the benefit of victims and families, that in order to protect your identity and privacy, when this sentence is published you will be referred to by pseudonyms in order to ensure anonymity and protective identity. The offender's name will similarly be anonymised to protect those he offended against and their families.
6You are the father of three men, each having three daughters of their own. You offended against two of your granddaughters, Riley 2 and Milla.3 Your sister Claudia Antonelli4 also had a daughter Nicola5 who was a victim of your offending and another daughter Luisa6 who was also a victim of your offending. Your sister Eva Gallo,7 also had a daughter Carla8 who was also your victim. Another victim is Charmaine Deluca9 who lived and grew up with her parents , who lived next door to you. Irene Voight10 was Charmaine’s niece and she was also a victim of your offending when babysat by her grandparents at a house next door to yours.
7The summary provided to the Court by the prosecution, outlined in some detail your offending. None of it was disputed, effectively being a statement of agreed facts. I do not intend to recite the summary which was read out during the plea, except by reference to salient matters. I will append the document to my sentence for future reference.
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8I will proceed by relevant charges.
9Charge 1 concerns an indecent assault of a female under 16 years, which was committed by you between May 1977 and May 1979 against Nicola Antonelli. She was aged between five and seven years of age and is your niece. It occurred in the basement of your house. You isolated her by telling her brothers and cousins to leave. You told her to be quiet, that this was to be your secret and that she would get into trouble if she told anyone. You then placed her hand on your genitals over your pants and she pulled her hand away and ran upstairs.
10Charge 2, concerns an indecent assault of a person under 16 years, which took place between January 1984 and January 1986. Charmaine Deluca lived next door to you with her parents, who were your friends. On occasions you would attend next door for repairs to their property. On this occasion when Charmaine was between 15 and 16 years old you were there for work, she was on the phone and you entered her sister's bedroom where Charmaine was using the phone. You touched her breasts from behind, and she squirmed away to stop you.
11Charge 3, concerns an indecent assault of a person under 16 years. Luisa Antonelli is your niece. Sometime between July 1986 and July 1987, when she was seven years old, she was visiting your home. She was in the informal dining area when you asked her to sit on your lap. After initially resisting that invitation, she sat on your lap and you placed your hand on her inner thigh and started moving it towards her vagina. She clamped her legs shut. You pulled her ponytail and put your face and head against her neck. She protested that she did not like it and got off your lap.
12Charge 4, concerns an indecent assault of a person under the age of 16 on a date between March 1985 and March 1988. Carla Muller is your niece, your sister's daughter. On a date when she was between five and seven
years old, you attended a party at her parents' home. She was in her bedroom. She awoke to find you there. Her pyjama bottoms and underwear were down and you rubbed her anus and then you inserted your finger inside her vagina. After some time, you stopped and left.
13Charge 5, concerns an indecent assault on a person under 16 on a date between March 1985 and March 1988. Carla Muller was five to seven years old and in her bedroom at home. You entered her room and indicated to her to be quiet. You pulled her pants and underpants down and put your mouth onto her vagina and inside her vagina.
14Charge 6, concerns an indecent assault of a person under the age of 16 on a date between March 1985 and March 1988. Carla Muller was between five and seven years of age and was at your home. You led her to a bedroom, pulled down her pants and underwear, put your mouth on her vagina and into her vagina while touching her chest and stomach to restrain her.
15Charge 7, concerns an indecent assault on a person under the age of 16 on a date between March 1985 and March 1988. Carla Muller was between five and seven years of age, she was at your home sitting on a couch in the basement with you. You pulled her closer and put your right hand inside the front of her pants and rubbed her vagina.
16Charge 8, concerns the commission of an indecent act with a child under the age of 16 to whom she was not married; that particular aspect of the charge being a requirement of the legislation at the time. Irene Voight’s grandparents lived next door to your home. Charmaine Deluca is Irene’s aunt. On 20 August 1995, when Irene was nine years old, she was taken to her grandparents' home. She stopped and spoke to you in the driveway when she was walking the family dog. In the cellar under your house, you rubbed her chest and breasts over the top of her dress and you touched her vagina over her underwear. When your offending stopped, Irene went back
to her grandparents.
17Charge 9, concerns an offence committed between November 2012 and November 2013 against Milla Fioravanti. An act of sexual penetration of her, your granddaughter. She was seven years of age when you visited her at her home. Her parents and siblings were home at the time. You went into her room having offered to fix her clock. There you kissed her on the lips with an open mouth, putting your tongue inside her mouth, then you touched her vagina with your hand over her shorts. You then pulled her pants and underwear and penetrated her vagina with your finger for one to two minutes. Charge 9 is an offence of incest. It stopped when Milla’s father called out to you to offer you a coffee.
18Charge 10, concerns an act of sexual penetration of a child or lineal descendant between November 2017 and November 2018 with the child being your granddaughter to your knowledge. Milla Fioravanti was about 12 years old when she visited your home for a day when the family was making tomato sauce. Your three sons attended with their wives and children. The sauce was being made in a garage, a separate part of your property. Milla went inside the house on the couch to play on her phone. You led her to the hallway and there exposed your erect penis to her, grabbed her hand and placed it on it. You then led her into a spare bedroom on the ground floor, forcibly placed her on the bed, pulled her pants and underwear down and penetrated her vagina with your tongue. She was scared. You ran out of the room when someone was heard to come into the adjacent kitchen from outside.
19Charge 11, concerns intentional sexual assault of a child under the age of 16 in circumstances where the touching was contrary to a community standard of acceptable conduct. Between November 2019 and November 2021, when Milla Fioravanti was 14 years old, she visited your home. That night she sat in the lounge room watching TV next to you. Her younger brother was sitting
on the other side of the couch. Her grandmother was sitting on a separate armchair nearby. You had a blanket over your lap and covering Milla’s legs. Under the blanket you pulled down your pants and placed Milla’s hand on your penis over clothing. You then touched her vagina over her clothing under the blanket. You then pulled her leggings and underwear down to her knees and touched her vagina again. She pushed your hand away and pulled her clothes up. A short time later after her grandmother had left the room, you again rubbed Milla’s vagina over her clothing. She moved your hand away and sat on the floor.
20Charge 12, concerns you engaging in sexual activity in the presence of Milla, a child aged 16 or 17 years who was under your care, supervision or authority. On a date between 1 November 2022 and 30 November 2022 when Milla was between 16 and 17 years old, you picked her up from her home and took her to your home by car. She sat in the front seat. During that journey you said to her that if she told anybody about what had occurred previously, she would go to gaol. You ran your finger across your throat when you said this. You then touched her breast, her thigh over clothing, onto her vagina over clothing, moving your hand. She moved your hand away but you continued undeterred. You started feeling your penis over clothing. She told you to stop and you told her you did not love her anymore. This conduct was contrary to community standards of acceptable conduct.
21Charge 13, concerned a sexual assault between January 2022 and January 2023, sexually touching Milla Fioravanti, a child aged 16 or 17 years who was under your care supervision and authority where the touching was contrary to community standards of acceptable conduct. On this occasion you visited her home with an uncle and a young cousin, when you assisted to put together a desk for her sister Riley who was also there. Milla, Riley and their cousin Duncan11 were watching the Australian Open Tennis in the lounge
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room. When Milla went to the kitchen to get some water, you followed her. When she got to the fridge, you pulled her towards you from behind and grabbed her bottom with both of your hands. You told her you missed her and hadn't seen her for a while. She pulled away and returned to the lounge. Later that day you again followed her from behind into the kitchen and placed your left hand on her bottom and your right hand on her vagina, rubbing it over her clothing.
22Charge 14, concerned sexual activity in the presence of a child aged 16 or
17 under care, supervision or authority between January 2023 and April 2023, when Milla was 17 years of age. You picked her up from her home and took her to your home, as she would be picked up by her aunt and taken to work placement, an arrangement which was also in place for the period with which Charge 12 is concerned. Milla sat in the front passenger seat. While driving you started touching your own penis over clothing. You exposed yourself to her, grabbed her hand and placed it on your penis moving it up and down. You touched her breast when you stopped at lights while still rubbing your penis with the other. When the traffic lights changed you took your hand away from her breast but continued to rub your penis until you ejaculated. You laughed at this. Milla could see the wet patch on the front of your pants which you then changed when you got home.
23Charge 15 concerns sexual assault of a child aged 16 or 17 under the offender's care, supervision or authority where the sexual touching was contrary to community standards of acceptable conduct. On a date between June 2023 and August 2023, Milla was 17 years of age. You picked her up to be dropped off at school. While driving, you placed your hand on her upper thigh and asked her why she was not wearing a skirt. You then touched her breast saying, 'Baby I miss you'. She attempted to remove your hand and asked you to stop, but you continued to touch her breast even after being told she was not comfortable with that touching.
24Charge 16 concerns the sexual assault of Milla, a child between ages 16 and 17 under your care, supervision or authority on 10 August 2023. On that day when Milla was 17 years of age, you picked her up from school to be taken for a doctors appointment. While driving you touched her breast and upper thigh and onto her vagina over her clothing. You told her you missed her and that you had not seen her body in a long time. This touching was contrary to community standards of acceptable conduct.
25Charge 17 concerns sexual of a child under the age of 16. It is a rolled-up charge that comprises two occasions in relation to Riley Fioravanti between September 2017 and September 2018 when she was approximately 10 years of age. She was at your home watching TV with you on the couch whilst her grandmother was preparing dinner in the kitchen. She was wearing pyjamas and had a blanket over her lap. You were sitting next to her and you put your hand on her bottom and then under her pants and underwear, rubbing her vagina for about two minutes. On other occasions between the same dates, Riley was sitting on the bench on the kitchen supported by you holding her by her waist. Her sister, brother, and grandmother were also there. These persons left the kitchen and when they did you put your hand inside her pants and underwear and rubbed her vagina. While doing this you asked her if it felt good and she said no. You took your fingers out and sucked the fingers that had rubbed her vagina.
26Charge 18, concerned sexual assault of a child under 16 between September 2019 and September 2020 when Riley was about 12 years of age, and you and her grandmother went to her house. You helped her parents cut down an apricot tree. She was sitting on the couch on her iPad. You went inside and sat next to her. She was alone with you. You put your hand inside her pyjama pants and underwear and rubbed her vagina for about two minutes. When you removed your hand, you slid your fingers across your throat and said, 'If you say anything' as you did so. She understood this to be a threat,
not to tell anyone or she'd be dead.
27Charge 19, concerns an occasion when you committed an offence of sexual penetration of a child or lineal descendant on 24 May 2019. Charge 20 also occurred during this occasion and that was a sexual assault on the same child Riley, then 11 years old in Grade 6 at school. The sexual assault was by sexual touching. On that day some painting was taking place at her home. Her father took a photo of her helping out that day. You were there to help her dad with the painting of the interior of the home. You went into her bedroom with a ladder and paintbrushes. She was playing on her iPad. You suggested she help paint the ceiling of her room. She climbed the ladder and you held her waist and bottom. You then turned her around, facing you, pulled her leggings and underwear down and put your tongue inside her vagina, licking for about two minutes approximately. She pulled her pants back up. You said that you had to be careful in case someone came. After she got off the ladder you placed your hand on your penis over clothing. You had an erection. You took it out of your pants and told her it loved her. You asked her to touch it, and she said no. You grabbed her hand and put it on your exposed penis. You masturbated her hand on your penis for minutes. Afterwards you told her not to say anything or you would go to gaol.
28Charge 21 concerns the sexual assault of a child under the age of 16, between 18 September 2019 and 16 September 2020 when Riley was about 13 years old. You went to her home. Her family were all inside and you and she were alone together in the swimming pool. She was laying on an inflatable wearing a one-piece swimming suit, which had long arms and legs. You told her she should wear a bikini because she would look hot. You then placed your hand on her vagina over her swimmers. She slid off the inflatable and swam away.
29It is noteworthy and not unusual that disclosure of these matters took some time to occur. The family of Nicola Antonelli, who was your niece, had a
falling out with you when she was 15 years old and she did not see you again thereafter. Upon an enquiry by her mother when she was 17 years old, told her that you had touched her.
30In October 2023 at age 53, Nicola made a statement to police about her abuse. Charmaine Deluca told her mother very soon after the offending against her when she was aged 15 or 16. When she was about 24 years of age in 1994 or 1995, she disclosed what had happened to her sister, Melissa12 and then learned that Melissa’s daughter Irene Voight had also been abused by you. Luisa Antonelli, sister to Nicola, mentioned above, became aware that you had offended against her cousin, Raymond Fioravanti’s13 daughters Milla and Riley. She contacted her sister Nicola and informed her she wanted to speak to the police. That was September 2023 when she was 44 years of age.
31Carla Muller is your niece, being your sister's daughter, cousin to Luisa and Nicola. Offending against her occurred between March 1985 and March 1988 when she was between five and seven years of age. While still young she told of the offending to her cousin Luisa who also complained to her about the offending against herself. Later, when Carla was 18 years of age, she also told her brother.
32In September 2023, she was told the police were investigating you and in October of that year she made a statement to police. She was then 43 years of age.
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Irene Voight’s grandparents lived next door to you. Charmaine Deluca, another victim, is her aunt. She told her mother Melissa what had occurred on the day the offence took place. She was nine years old. Her mother reported the matter to the police, but because of Irene’s age indicated Irene should not speak further due to her young age. She made a statement much
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later in time.
34Milla Fioravanti is your granddaughter. Her offending began when she was seven years of age and occurred when she was 12, 14, between 16 and 17, and 17 years old from 2012 to 2023. Riley Fioravanti is your granddaughter and Milla’s sister. The offending against her occurred from September 2017 to 2018 when she was 10 years old, to September 2020 when she was 13 years old. From an early age Riley and Milla spoke to each other about your conduct against them. When Riley was in Year 7, she told Milla that she could no longer deal with what you had been doing.
35In 2023, now 16 years old she disclosed the offending to her boyfriend as well as what had been done to her sister. In September 2023, Riley and Milla, who was then 18, disclosed to their parents what had been done to them. On 22 September and 27 September 2023, Riley and Milla were recorded in a police interview. A little time before that, your son Peter14 confronted you with the allegations to which you stated that you might have kissed, hugged and touched their bottom sometimes. When challenged, you blamed your wife, stating she hadn't given you sex for 15 years.
36On 20 December 2023, you were interviewed by police. In that record of interview, you denied all allegations against Carla, Nicola and Luisa. As to the offending against Charmaine, you have denied any sexual touching. You told police she had provoked you and that you had probably touched her breasts, but you blamed her conduct as sexual provocation.
37As to Irene, you denied touching her and said that you had smacked her bottom and she started crying. As to Riley, you have denied sexually assaulting her when the apricot tree was being cut down. As to the occasion when house painting occurred, you admitted penetrating her vagina with your tongue and that she instigated that and touched you intimately. You denied
touching her in the pool.
38As to Milla, you admitted doing lots of sexual things to her, including touching, except penetration. You admitted the offending on the couch which you said she instigated, and you admitted your wife was sitting nearby. You admitted making her touch your penis and touching her breasts, but then denied touching her breasts. You admitted touching her vagina over her clothing. As to the offending in the car, Charge 14, you denied that was possible but admitted needing to change your pants when you got home.
39Victim impact statements were received by the Court. Some were simply tendered, and many others were read out to the court. I have read again each one and will only summarise each briefly.
40Irene Voight describes the adverse effects on her as a child, which continue to impact her as an adult. The impact of the offending shaped her view of the world in which she describes her childhood as stolen. She felt the premature realisation of the world's harsh reality has robbed her of her innocence and security. The prospect of encountering you filled her with apprehension, and while working at a supermarket aged 15, she avoided meeting you and your wife, by hiding and having to disclose the reason to the store manager. She left the job soon after. Though later in life she resided overseas, returning to Melbourne has been fraught with fear. The offending affected relationships throughout her life. Trust was compromised. Difficult emotions have affected her emotional stability. And although she is focused on healing, she still experiences distress and uncertainty.
41Charmaine Deluca wrote in much detail of the impact upon her. All her relationships have been negatively impacted. Her sense of self-worth, physical and mental wellbeing, financial, and vocational status have been affected. She described a pervasive sense of hypervigilance in many aspects of her life. She describes her disconnection and emotional distanc e
from her family. Her attempts to protect family members, while at the same time not being able to speak up, repressing feelings, questioning her self- worth, questioning her own sexuality, ability to trust others, shame and guilt. She writes of the way the proximity of the family home your home, impacted on the way of life of the family, affecting the use of space and behaviour, safety interactions. She felt robbed of the security and comfort of that home, which was sold at an emotional and financial cost in an endeavour to put these unbearable reminders behind. She has experienced ill health, mental suffering, nightmares and flashbacks. Casual details like the scent of fresh paint, referencing your job, and a similar car as yours will trigger bad memories. This ‘heavy cloud', she wrote, 'is always there'.
42Connie Fioravanti,15 the mother of Milla and Riley wrote also of the great changes, material, emotional and mental which these events caused. Trust and sense of security were lost. Sleepless nights, panic attacks, some requiring hospitalisation or paramedic attention, together with diagnosed depression and medication that impacted on her and her family. She writes, 'I was emotionally, mentally, physically broken'. The girls' interactions over the years with you were filled with fear and anxiety. The guilt of the perception of having failed to protect them is haunting, manifested in insolation, physical struggle, migraines, anxiety and ill health. The impact on her husband has been substantial, with him having no strength to get out of bed most days. The family business has dissolved as a result, causing her take on the role of breadwinner. The cohesiveness of the family has been compromised by what she says is blame throwing and arguments, demonising the girls for having complained. She struggles to see happiness and a light at the end of tunnel. The trauma is ongoing.
43Riley Fioravanti writes that she has lived through years of trauma and suffering, lost, confused and riddled with anxiety. She felt scared, and in her
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words, 'unrepairable, dirty, disgusting and at fault'. The simple pleasures and joys of childhood were stolen, including her innocence, by her grandfather. She says her personality and character changed, becoming moody, often sick and anxious. She no long felt safe, happy and like herself. She felt angry and betrayed. Family occasions were a struggle, suffered in silenc e or by throwing up. Your threats left her scared for her life. It was only years later that she could tell a trusted friend about these matters. Disclosure led to even greater distress, and a profound negative impact on her entire family. The family unit fell apart and divided. She suffers from headaches, anxiety, erratic emotional periods, impacting on her school work during these crucial final years of her secondary education. She has trouble sleeping when medicated. She lives with uncertainty in relation to her future. She feels like her life has been forever ruined by the conduct of a man she should have been able to trust with her life.
44Milla Fioravanti wrote of years of heartache, pain and suffering with fear, shame, disgust and embarrassment, anger and isolation. Before disclosure, this offending caused her to disguise this profound impact from family and friends, causing further isolation and disconnection. She lost sleep, appetite, health, and found headaches, anxiety and illness at the effort required on family occasions, or when being driven to school by you, when all she wanted to do 'was scream'. Her sense of security and safety disappeared and her trust in others was broken. 'I hated myself and my life' she wrote. You had threatened her not to say a thing and this continued to leave her ashamed and scared. She had suicidal thoughts, and she struggled greatly at school. Trauma took over her entire life and took a massive toll mentally, physically and emotionally on her. 'Life was and is still a mess’, she writes. 'The offending has ruined my life and broken my family. Everything is different today.' After reporting the crimes, she and her family lost contact with much of her Dad's family. She writes that she will struggle to trust, maybe forever.
45Raymond Fioravanti is Milla and Riley’s father. He writes of his anger and the difficulty of reconciling the idea of his father hurting his children. He writes that he feels shame, embarrassment and disgust. He loses sleep and his health has suffered. He wishes he'd been better able to protect his girls by reading their anxiety at family gatherings. ‘The guilt will eat at me forever', he writes. He struggles to socialise and feels isolated and anxious. He felt suicidal and his body feels like it is breaking down with trauma. He feels his family is broken. He was diagnosed with depression recently and is medicated. He has been unable to work and his relationship with his wife has been compromised. He cannot see the light at the end of the isolation and fear, and importantly, his extended family has at times not supported either him nor his family, and this is also a grievous loss which has meant the dissolution of the family business and the breakdown of family relationships, particularly because of the lack of support.
46Nicola Antonelli writes that her abuse occurred at a very young age. Not knowing and understanding what was happening, her life was turned upside down by the offending. She hated herself and was disgusted. She could not socialise and became a recluse. The fear, lack of trust and anger has made past and present relationships difficult. She has been on antidepressant medication for years. She reflects on the consequent loss of social and work opportunities because she lost her drive and confidence. She still experiences difficulty sleeping. She had to seek psychological help and the trauma never leaves her. She feels her life has been ruined.
47Carla Muller is grateful for the support of those closest to her, but this doesn't alleviate the difficult repercussions of the offending. The trauma is relived on a daily basis, together with waves of anger, guilt and hurt. She feels lacking in courage and confidence, and connections with others remain feeble and full of self-doubt. ‘These crimes’ she writes, 'have overshadowed my life.' And the shadow of them looms large. She has battled depression and
anxiety, and the scars of her past remain painful and often overwhelming, straining her relationships with her own children, insecurities and anger towards her mother, limiting a freer and less burdened show of love and affection. The offending has, 'rippled out to touch everyone I care about'.
48Finally, Luisa Antonelli writes, the offending left her feeling disgusted and ashamed. She did not understand why a man once trusted and loved had done these things to her leaving her confused and repulsed. Family functions meant avoiding him at all costs. She lives with anxiety and has been medicated for almost 10 years. She has lost trust in others, particularly men, making interest and affection difficult and uncomfortable with fear. Self-confidence and worth were taken from her and she has worked her whole life to regain them. She has lived with this doubt and anxiety for four years and is left with feelings or repulsion and hate.
49These impact statements are written with dignity and measured eloquenc e. They each and together speak of the enormous and profound trauma your behaviour has caused. The elements of this impact are mental health difficulties, emotional and physical illness, vocational and social dislocation, family dismemberment and brokenness, lost relationships, loss of trust, loss of innocence and much besides, typical of what the Court hears daily from victims of sexual abuse; particularly those perpetrated upon children. This is the enormous harm such conduct brings about. This is the deep impact of your abhorrent and deviant behaviour upon these innocent children.
50You who have been abused in this way need feel no shame or guilt about your own conduct, and in bravely having reported it and told your story. It is a pity that some adults around you may have not been as courageous or as responsible as you have been in offering support and understanding to you.
51The court hears your voices and recognises this profound trauma that has impacted upon you and continues to do so. I hope you can feel that the
process has validated your decision to be honest and open with you experience which has been traumatic. At the end of this process the sentence must be based on legal principles of sentencing. This process must take into account many factors which you will hear about. The sentence of imprisonment will be, at its simplest, a number. That number does not and cannot fully reflect any value or worth related to you and your lives.
52It may not bring satisfaction or even feel sufficient, but it will be final. It may not bring closure and comfort. Whatever closure means, that can only come from the support of family, friends and of time. But the impact on you, will be taken into account as an important aspect, in an endeavour to extract the appropriate retribution for your social, mental and physical rehabilitation and for your future.
53I note that these are the maximum penalties.
54Charge 1, indecent assault, five years. Charges 2-7, indecent assault of a person under 16, five years. Indecent assault of a child under 16, Charge 8, 10 years. Sexual assault of a child under the age of 16, Charges 11, 17, 18, 20 and 21, 10 years. Sexual activity in the presence of a child under 16 or
17 under care, supervision or authority, Charges 12 and 14, five years. Charges 13, 15 and 16, of sexual assault of a child under 16 or 17 under the care, supervision or authority, five years' imprisonment. Incest, Charge 9, 25 years. And sexual penetration of a child or lineal descendant in Charges 9, 10 and 19, 25 years.
55As an aside for those victims and family members present and those others concerned, I have recited these legislative maximums in order to clarify that in the passage of time between the first offending to the last sexual offences against children, these have been described differently in the legislation with amendments and revisions over time. Over these decades, sexual offending of a similar kind has been called different things in the relevant Acts of
Parliament, by appropriate amendments. And the penalties have also been updated.
56That is the reason why depending on when the offences were committed, the description of similar acts may be different and the applicable penalties may be different. I will return to this matter later when addressing the issue of sentencing practices and principles across the period of offending.
57It is clear from the applicable legislative scheme that a child under 16 cannot consent to sexual penetration. That applies clearly here. It is also the case, contrary to what you asserted, that the children concerned did not consent to your conduct upon them. This prohibition has two purposes: protecting the child from the harm that could come from premature sexual activity, and to deter adults who would contemplate having sexual activity with children. This prohibition is founded on a presumption that premature sexual activity will cause them physical and psychological harm. The entire responsibility fell on you and in dealing with these children you have failed completely and utterly, for your own vile and abhorrent sexual intent.
58In assessing the objective gravity of your offending, the degree of harm, one needs to only look to the factors involved in the offending. Your offences violate the bodily integrity and personal dignity of these children by means of sexual intrusion. The applicable maximum sentences reflect the seriousness with which the legislatures and the community view such criminal conduct. The gravity of sexual offences depends on the circumstances of the case. There are distinctions which must necessarily be made in assessing their gravity, for example between placing a hand on an inner thigh, to touching yourself on the penis in front of them, to touching breasts, to placing a hand to touch the penis over clothing, to touching the vagina over clothing, to touching under clothing, to penetration offences.
59There are various sexual offences which carry various degrees of gravity,
which are self-evident. Nonetheless, they each represent violations as I have noted above. For penetration offences, there is no hierarchy making one offence inherently or more or less severe than another. The offending is particularly egregious and abhorrent, involving as it does the profound breach of trust arising out of your familial link as grandfather and uncle and as a trusted neighbour.
60This contumacious breach aggravates your offending. In order to satisfy your sexual wishes you abrogated the sacrosanct duty of a grandfather, in particular by your disgraceful abuse of innocent children that rightfully bring shame and opprobrium to you for the hurt inflicted upon them, quite apart from the rightful punishment in retribution for your behaviour. The offences often occurred in the victim's home, a place where they were entitled to feel safe and protected, including in their own bedroom, beyond the general obligation of care and protection arising from familial link.
61They were specifically under your care, supervision or authority for Charges 12, 13, 14, 15 and 16.
62The offending extended over a period of time between 1977 and 2023 and involved different children, seven of them. In relation to Carla Muller, the offending of four instances was over a three-year period in separate occasions. In relation to Milla Fioravanti, the eight charges are separate occasions over a 10-year period from November 2012 to 2023. On a number of the instances of offending, you used manipulation and threats – Charges 1, 12, 20 and 18 – to protect yourself and intimidate the children into silenc e and compliance by fear.
63On at least one occasion, Charge 10, but also Charge 6, you exercised force or restrained the child. On some occasions – Charges 12, 15, 17 and 20 – the child asked you to stop what you were doing, but you did not desist. On a number of occasions, you committed your vile acts when other family
members were present, in close proximity, a practice often seen by offenders in this court in their brazen modus operandi. Charges 9, 10, 11, 13 and 18.
64On other occasions, you isolated purposely your young victims from family and parents to commit the offending, taking them to a basement, a cellar or in your car. At least on two occasions, the children were exposed to humiliating and degradingly gross behaviour accompanying the sexual contact, like you sucking your fingers or ejaculating or touching their anus. Charges 4, 14 and 17.
65Your utterances to your young victims make clear you were aware, and you knew what you were doing was wrong and reprehensible. The gaps in time between one incident and the other, and the length of time you indulged yourself by offending, means you had opportunities to reflect and desist but you did not stop.
66These offences are without doubt serious offences, violating basic norms of civilised behaviour. Incest and sexual penetration of a child or lineal descendant, or one under the age of 16 in particular, strike at the most important fundamental values, the lives and wellbeing of children. The community looks to the court to vindicate by appropriate punishment and retribution these values by stern punishments, and to deter others who may be like-minded. In my view these offences were not merely opportunistic but involve the grooming, at least in relation to the Fioravanti children and Carla Muller, and were premeditated and hardly spontaneous.
67Your culpability is made worse by your attempts to denigrate and blame shift onto the children when confronted with your own criminality. Incest is seen as an inherently violent crime, and when one considers the power imbalance inherent in the circumstances of your offending, it is clear these children, even your own granddaughters, were treated as objects for your sexual gratification and subordination. When there is repeated offending against the
same victim, as here, the latter offences become progressively more serious, and to resume abuse of a child which you know to be wrong is behaviour which calls for stronger denunciation and heavier punishment on each subsequent occasion. Your moral culpability is high.
68The offence of sexual penetration of a child or lineal descendant and the offence of sexual assault of a child under 16 are subject to the standard sentence scheme pursuant to s5A and 5B of the Sentencing Act 1991 (Vic) (‘Sentencing Act’). With respect to sexual penetration, the standard sentenc e is 10 years' imprisonment, Charges 10 and 19. As to sexual assault of a child under 16 – Charges 11, 18, 20 and 21 – it is fixed at four years, and via s49D(1) and s50C, Crimes Act 1958 (Vic) (‘Crimes Act’). Unless the court considers it is not in the interest of justice to do so, a non-parole period of that of at least 70 per cent of the sentence must be imposed, s11A(4)(b) of the Sentencing Act.
69In relation to the standard sentence, s5A(a)(d) and 5B(2)(a) are notable in that they clarify that the period specified as the standard sentence is the sentence for an offence, taking into account only the objective factors affecting the relative seriousness of that offence and that that offence is in the middle of the range of seriousness.
70I consider that the relative offences here fall within that range, by way of their objective gravity rather than by mere categorisation. The court must therefore take the standard sentence into account as one of the factors relevant to sentencing, and I do so.
71Charges 10 and 19 are also category 1 offences, for which the only available sentence is one of imprisonment. In relation to Charge 9, the maximum applicable is 25 years, as I have stated above similar to Charges 10 and 19, but the standard sentence regime does not apply as that offence was committed before March 2017. See s44(1) of the Crimes Act as amended
by the Crimes (Sexual Offences) Act 1991 (Vic) in reference to the period concerned in Charge 9. That is 9 November 2012 to 2 November 2013.
72Digital penetration or lingual penetration are not necessarily less serious than penile-vaginal penetration, as I have stated, and I do not, in the circumstances of this case consider it to be less serious. The gravity cannot be assessed merely by reference to the duration of the penetration, but involves looking at the circumstances of the offence.
73In sentencing for this offence, as indeed for more serious offences individually and the totality of the criminality, I take into account the impact to the victims and families, but I remain conscious that those effects should not swamp the sentencing process.
74There are aspects which must also be taken into account. You fall to be sentenced as a serious sexual offender and consequently the protection of the community must be regarded as a principal purpose for which the sentence is imposed pursuant to the provisions which deal with this matter – Section 6D and 6E of the Sentencing Act – and sentencing on those charges where the provisions apply, a presumption of cumulation unless otherwise directed by the court. Because of the large number of offences, and because of your age, I consider it unnecessary to so direct.
75While I regard protection of the community of principle relevance because of factors which I will come to in a moment, it does not in my view either play a pre-eminent or primary role beyond being a principal purpose. Nor does it require a disproportionate sentence beyond an appropriate and proportionate one, and I note one was not sought by the prosecution. I do not, in my view, either now or in the future, believe that you pose a realistic and meaningful risk to the community. In my view, some cumulation is required to reflect the separate and distinct offending that the charges comprise and the moral culpability involved. An exception to this is where offences were committed
on a continuum during a single occasion, in which case cumulation will be slight. Whereas in your case you have pleaded guilty to multiple offences, cumulation must be moderated to give full effect to the principle of totality and proportionality.
76I take your plea into account. It was not, strictly speaking, a plea made at an early opportunity, having regard to the historic nature of the offending. It was made nine months after the first filing hearing after a s198A hearing, which may be considered somewhat early. Although, narrowly Irene was cross-examined at a s198A hearing, the matter was never listed for trial. In incest cases in particular, but also in other kinds of serious sexual offending, an offender who pleads guilty is entitled to more than just the utilitarian benefit. The plea avoids victims and other affected persons from having to undergo the extreme distress of a criminal trial. Your plea will moderate the sentence.
77As to remorse, I accept that your plea of itself is some evidence of remorse. However, you have denied all offending against Carla, Nicola, Luisa and Irene when interviewed. You engaged in victim-blaming in relation to Charmaine and in comments in relation to Riley and Milla. They are, as put by the prosecution, deeply problematic, showing a breathtaking lack of insight and understanding of the impact of your conduct upon them and the reverberation of it upon the broader family. The plea has facilitated a course of justice and is an acceptance of responsibility, but I am unable to adequately assess any further remorse than that carried by the plea itself.
78You have no prior convictions and you present as a first-time offender, although that term must be seen in the context of your long years of undetected and now admitted offending. The prosecution submitted that you were a person of otherwise good character and that the weight given to that factor will vary according to the circumstances. It is submitted less weight in this case is appropriate, given the nature and circumstances of offending
against the children. I agree with the prosecution that given the length of time involved and the number of victims, the offending cannot be seen to be an aberration or out of character. Nevertheless, some mitigatory weight is to be assigned to your previous good character, and I do so.
79You are now 81 years of age. You were about 33 when you committed Charge 1, and about 79 when you committed the offence subject to Charge 16 in 2023. Two matters in particular which I take into account are inter- related to some extent. Some of the offences are clearly quite old, in a temporal sense, the aspect of the passage of time between offending and sentence raises an issue as to how that will impact on the sentence. I will deal with this in a moment.
80An important aspect which I have considered at length is your advanced age at sentence. To face a lengthy prison sentence at your age is a bleak prospect indeed. The age and health of an offender are always relevant to the exercise of the sentencing discretion. I have referred primarily to the analysis in R v RLP [2009] VSCA 271 and subsequent cases. Old age and your health are not a determinative quantum of the sentence. Depending on the circumstances, it may be appropriate to impose a minimum term which will have the effect that the offender may well spend the whole or a very substantial portion of his remaining life in reclusion. This consideration is a weighty one.
81Other sentencing considerations may be required to surrender some ground to the need to exercise compassion, to take account of the real prospect that the offender may not live to be released and his health will make his period of incarceration particularly onerous. Neither old age nor ill health will justify the imposition on an acceptably inappropriate sentence, and just punishment, proportionality, specific and general deterrence remain primary sentencing consideration in this sentence.
82Similarly, the state of health of an offender is always relevant to the consideration of the appropriate sentence. Ill health will tend to mitigate punishment only when it appears that imprisonment will be a greater burden on the offender by reason of his health or when there is a serious risk of imprisonment having a greatly adverse effect on his health. In my view, in your case general deterrence will not be moderated materially, simply because of your age or your health.
83I take into account your personal background and history. You were born in Italy part of a family of eight children. You came to Australia in 1957 at age
13. Your father was a strict and controlling man, who displayed little by way of emotion or affection and was aggressive towards his children, including some physical outbursts.
84Your mother was not dealt with aggressively by your father, and was a nurturing person who was close to you. You report that after your father left for Australia before the rest of the family followed you were sexually abused by a maternal aunt. You disclosed this to your mother who became estranged from her sister. Your father did not learn of this matter.
85When you came to Melbourne, you attended primary school but found schooling difficult because of a lack of proficiency in English. You were bullied at school and found school difficult generally. You sought work at your father's direction and worked for a shoemaker for a while and then undertook an apprenticeship at RMIT in moulding train wheels, doing some work in that field in Sydney for some two years.
86When you returned to Melbourne you established a painting business and store and worked as a painter for the rest of the 57 years before selling the shop. You have had three sons from your marriage to your wife of some 57 years. It was said you have largely lost contact with them as a result of your offending.
87Once the matter resolved in September 2024, you chose to remain in custody. It was said on your behalf that the custodial environment has been extremely challenging. Due to the nature of the offences, you were apparently targeted by some prisoners and assaulted late last year. This has impacted your sense of safety.
88You do not have any current serious health issues, but you were hospitalised last year as a result of the impact of a prescribed steroid or medication. You have various ailments typical of a man of your age. Some medical records were produced from late November 2024 which related to the assault which caused you to fall onto your elbow causing a tear in your skin. You were shaken by this episode, but as of later dates there were no further medical concerns.
89It is said that in prison you are isolated and vulnerable and rarely receive visits. Your English is said to be limited. Your wife has regular contact with you by phone. I take all these personal matters, particularly your age, into account.
90It was conceded that community protection and specific deterrence, given the duration and circumstances of the offending, are relevant considerations. I accept that your age and coming incarceration make your assessment of risk difficult. I would consider that you would not pose a significant risk to the community as I have said, but given that your most recent offending was August 2023 and the high level of your moral culpability in my view specific deterrence has some ongoing role to play in the sentence, and your prospects of rehabilitation must, in the totality, remain guarded in the face of predatory, contumacious offending, in egregious breach of trust as recently as 2023.
91The continuity of your offending, its nature, has brought misery to the victims and your family. It must be clearly understood by those who stand in a
position of trust and responsibility towards young children, that if they wish to enjoy the benefits which derive from a relationship with young children, they will pay a heavy price if they abuse such trust and responsibility by resorting to conduct for their own sexual gratification at the expense of those whom they have in their charge.
92However, I am conscious that the term of imprisonment I am about to impose carries with it a real possibility that you may not live to be released from prison. I repeat that facing gaol at your age must be an awful state of affairs for you. The lapse of time since the commission of some of the offences of this kind is not unusual. It is often the case with offending such as yours that victims do not come forward for many years after the offending. That said, the delay in this case does have some consequences. Usually what follows is a demonstration of a capacity to lead a blameless life, that is not the case here.
93I am also required to have regard to current sentencing practices as one relevant consideration. Relevant practices are those currently applied, rather than those applied by the courts at the time of your offending. The principle of equal justice requires however, that I also take into account sentencing practices at the time of your offending if they are ascertainable, on the basis that those practices are relevant at arriving at a sentence that is just in all the circumstances.
94During the plea, and in my own deliberations, there were no cases which I was referred to in this context or found by research to enable to cast light on past practices. I am prepared however, to have regard to and act upon the proposition that sentencing practices for those offences committed in the 70s and 80s were lower at the time of your offending. There is a much greater understanding of the impact of sexual offending on children today, and this must be reflected in my sentence. Such present understanding of the devastating impact compels the court to bring to bear that understanding to
the sentencing task, even though it may not have been a feature of sentenc es imposed at the time the relevant offending took place.
95In any event, current sentencing practices are but one factor to be considered, and are not controlling ones. Still less are past sentencing patterns the controlling factors in my sentence. The maximum penalty is not determinative or a starting point in the sentencing exercise, it is one factor in a range of factors which I have taken into account.
96Despite coming to this country as a child, you never became an Australian citizen. You are a permanent resident subject to a visa. The Migration Act 1958 (Cth) provisions would appear to bring about when a term of imprisonment greater than 12 months is imposed for the mandatory cancellation of your visa. Unless you are able to satisfy the Minister that there is a reason to revoke the decision to cancel, you will be deported. I am not in a position to express an opinion or speculate as to how this process will proceed or what outcome it will have. It is not part of the sentencing process.
97I accept that the prospect of deportation may render your imprisonment more onerous, more difficult. Should it occur, it would constitute an additional extra-curial punishment. The extent to which this matter can moderate this sentence is difficult to calibrate, but I do accept that such a potential outcome has some slight mitigatory impact which I have taken into account.
98I was exhorted to not impose a crushing sentence, and I do not intend to so impose, in respect of principles which I have already mentioned in the exercise of mercy. But am conscious that none of these matters individually or together should lead to an inappropriately light sentence.
99In relation to cumulation and the principle of totality, the law provides that sentences are presumed to be served concurrently with some exceptions where that presumption is reversed as I have mentioned in relation to
sentencing you as a serious sexual offender.
100However, the principle of totality continues to apply. Cumulation is where I direct that part of one sentence be added on top of another sentence. The totality principle requires me to ensure that the overall sentence remains just and appropriate to the entire offending, and any orders for cumulation must be moderated to the extent necessary to give effect to totality. I will moderate the components of the sentence in the length of the matters favourable to you which I have mentioned and that will also apply to the non-parole period to be served.
101In arriving at an appropriate sentence, I have consulted the latest data in cases from the Judicial College Sentencing Manual and the cases referred to therein. I have also considered the Sentencing Advisory Council snapshot 284 for sentencing trends in Victorian higher courts between 2017 to 2018 and 2021 to 2022 in relation to the more recent offences. As well as to the three authorities referred to by the defence of Long (a pseudonym) v R [2025] VSCA 15, DPP v Wilson (a pseudonym) [2018] VSCA 263 and R v PLV [2001] NSWCCA 282.
102I proceed to sentence you as a serial sexual offender after Count 2 for which imprisonment terms will be imposed.
103On Count 1, you are convicted and sentenced to nine months' imprisonment.
104On Count 2, you are convicted and sentenced to 12 months' imprisonment.
105On Count 3, you are convicted and sentenced to nine months' imprisonment.
106On Count 4, you are convicted and sentenced to three years' imprisonment.
107On Count 5, you are convicted and sentenced to three years' imprisonment.
108On Count 6, you are convicted and sentenced to three years' imprisonment.
109On Count 7, you are convicted and sentenced to 16 months' imprisonment.
110On Count 8, you are convicted and sentenced to 15 months' imprisonment.
111On Count 9, you are convicted and sentenced to six and a half years' imprisonment.
112On Count 10, you are convicted and sentenced to seven years' imprisonment.
113On Count 11, you are convicted and sentenced to 22 months' imprisonment.
114On Count 12, you are convicted and sentenced to nine months' imprisonment.
115On Count 13, you are convicted and sentenced to 12 months' imprisonment.
116On Count 14, you are convicted and sentenced to 12 months' imprisonment.
117On Count 15, you are convicted and sentenced to 12 months' imprisonment.
118On Count 16, you are convicted and sentenced to 12 months' imprisonment.
119On Count 17, you are convicted and sentenced to 22 months' imprisonment.
120On Count 18, you are convicted and sentenced to 22 months' imprisonment.
121On Count 19, you are convicted and sentenced to seven years' imprisonment.
122On Count 20, you are convicted and sentenced to 12 months' imprisonment.
123And on Count 21, you are convicted and sentenced to 12 months' imprisonment.
124I should indicate that there is one indictment but two CR numbers, one containing the first eight charges, and then second from nine to 21.
125I order that 12 months on Count 9 and 18 months on Count 10 be cumulative on Count 19, the base sentence. I further order that six months on each of Charges 4, 5 and 6, nine months on Count 11, nine months on Count 17, nine months on Count 18, three months on Count 7 and two months on Count 8 be cumulative on the base sentence as well.
126That makes a total of 13 years and eight months. I fix a non-parole period of nine years.
127The other sentences will be concurrent.
128Madam Prosecutor, is there a period of registration as a serious sexual offender? It is life - it's life.
129MR TOVEY: It would be agreed as life, Your Honour.
130HIS HONOUR: Yes. That aspect of registration as a serious sexual offender for life does not form part of this sentence but is a consequence of the sentence pursuant to the particular Act. That means that for the remainder of your life you will be registered as a serious sexual offender, and you will have some obligations in relation to that particular registration upon your release.
131But for your plea, I would have sentenced you to 15 and a half years with a non-parole period of 10 and a half years.
132Are there any other ancillary orders that I am missing, Ms Devanny?
133MS DEVANNY: Pre-sentence detention, Your Honour.
134HIS HONOUR: Yes, what is the number that is agreed?
135MS DEVANNY: We agreed 213, Your Honour.
136MR TOVEY: It's 213, Your Honour.
137HIS HONOUR: Two-hundred and 13?
138MS DEVANNY: Two-hundred and 13.
139HIS HONOUR: I declare that you have served 213 days by way of pre-sentence detention and I will have that number noted in the records of the court.
140MS DEVANNY: As Your Honour pleases.
141MR TOVEY: May it please the court.
142HIS HONOUR: And if there's any difficulties with the numbers, I'm happy to hang around and wait until all that's clarified if there's any issues I can be obtained quickly.
143MS DEVANNY: As Your Honour pleases.
144HIS HONOUR: Thank you both. Sine die.
- - -
IN THE COUNTY COURT
IN THE STATE OF VICTORIA AT MELBOURNE
County Court Ref: [omitted]
Indictment No. [omitted]
THE DIRECTOR OF PUBLIC PROSECUTIONS
-V-
[omitted]
SUMMARY OF PROSECUTION OPENING FOR PLEA
Date of Document: 26 February 2025
Filed on behalf of: The Director of Public Prosecutions
Prepared by:
ABBEY HOGAN
Solicitor for Public Prosecutions 565 Lonsdale Street
Melbourne, VIC, 3000
Prosecution Counsel Solicitor’s code: [omitted] Reference: [omitted]
Introduction
The accused in this matter is [omitted] (‘The Accused’). He was born on the [omitted] . The accused is the father to [omitted] . The accused is known by family and friends as [omitted].
The Victims in this matter are all known or related to the accused.
a.[omitted] was born on the [omitted] and is the accused’s niece. Her mother, [omitted] , is the accused’s sister.
b.[omitted] was born on the [omitted] and is the niece of the accused. She is the sister of the Victim [omitted], and her mother is [omitted] .
c.[omitted] (‘[omitted] ’) was born on the [omitted] and is the niece of the accused. Her mother, [omitted] , is the accused’s sister. [omitted] and [omitted] are [omitted] cousins.
d.[omitted] was born on the [omitted] and now lives in NSW. [omitted] grew up living next door to the accused with her parents.
e.[omitted] was born on the [omitted] and is the niece of Victim [omitted]. [omitted] used to be babysat by her grandparents at the house next door to the accused.
f.[omitted], born on the [omitted]. [omitted] is the granddaughter of the accused, and the daughter of [omitted] (the accused’s son and [omitted]); and
g.[omitted], born on the [omitted], [omitted] sister and the daughter of [omitted] and [omitted].1 At the time of the offending [omitted] and [omitted] lived with their parents and brother [omitted].
[omitted]
Circumstances of the offending
Charge 1 - BASEMENT
The accused is [omitted] uncle and was known to [omitted] as ‘[omitted]’. As a child, she would often be taken to visit her uncle and her cousins at his house in [omitted].
On a date between [omitted] May 1977 and [omitted] May 1979, when [omitted] was aged between 5 and 7 years old, [omitted] attended the accused’s home in [omitted].
After dinner, [omitted] was playing with her cousins and brothers in the basement of the house. The accused came down to the basement and told the boys to go upstairs and play. The accused and [omitted] were alone in the basement. The accused approached
1 Exhibit 1 – [omitted] birth certificate
[omitted] and kissed her neck (uncharged act). Whilst doing this the accused told [omitted] to be quiet; that it was their secret; he was her boyfriend; and that she would get into trouble if she told anyone. The accused attempted to put his hand down the front of [omitted] pants, but [omitted] managed to move his hand away
and said ‘No, No’.
The accused grabbed [omitted] by the shoulder and with his other hand grabbed [omitted] hand. The accused guided [omitted] hand towards his genital area and said to her that if she didn’t want him to touch her then she would need to touch him. The
accused placed [omitted] hands on his genitals, over his pants (Charge 1 – indecent assault). [omitted] pulled her hand away and ran upstairs.2
DISCLOSURE BY [omitted]
When [omitted] was 15 years old her family had a falling out with the accused so she did not see or visit the accused again.
When she was about 17 years old her mother asked her if the accused had ever touched her. [omitted] told her mother that he had, and that was all that was said.
In September 2023, [omitted] brother asked if the accused had ever touched her.
On 12 October 2023 [omitted] provided a statement to police.
[omitted]
Circumstances of the offending
10.During her childhood, [omitted] lived next door to the accused at [omitted], [omitted] with her parents. The accused lived at [omitted]. [omitted] knew the accused as [omitted]. [omitted] parents became good friends with the accused and his wife. On occasion, the accused would attend at [omitted] house to carry out repairs.
Charge 2 – ON THE PHONE
11.On a date between [omitted] January 1984 and [omitted] January 1986, when [omitted] was between 15 and 16 years old, the accused was at her home address in [omitted] working on the house.
12.[omitted] decided to go to her sister’s room to call a friend so that she could get away from the accused. Whilst she was on the phone, the accused entered the room and sat next to her on the bed. [omitted] gestured to indicate to the accused that she was on the phone so he should leave her alone. The accused whispered in her ear that she shouldn’t worry and touched her breasts from behind (Charge 2 – indecent assault of a person under 16). [omitted] squirmed away to stop the accused touching her.3
DISCLOSURE BY [omitted]
13. [omitted] told her mother very soon after the incident what had occurred. In 1994 or 1995, [omitted] told her sister [omitted] what had happened to her as a child. [omitted] disclosed to [omitted] that a similar incident had happened to her daughter [omitted], [omitted] niece.
[omitted]
Circumstances of the offending
14.The accused is [omitted] uncle and was known to her as ‘[omitted]’.
Charge 3 – SITTING ON LAP
15. On an occasion between [omitted] July 1986 and [omitted] July 1987, when [omitted] was 7 years old, she was visiting at her uncle’s house in [omitted]. She was alone with the accused in the informal dining area, near the kitchen. The accused asked her to sit on his lap. Initially [omitted] resisted but the accused called her a brat. Eventually she sat on the accused’s lap. He placed his hand on her right inner thigh and started moving it up towards her vagina area. [omitted] clamped her legs shut. The accused
pulled her ponytail which pulled her head back, so she was looking up towards the ceiling. The accused put his head against her neck and rested it there. [omitted] could feel his lips and breath against her neck. [omitted] told her uncle that she didn’t like it, she moved his hand away from her thigh and got off his lap (Charge 3 – indecent Assault of a person under 16).4
DISCLOSURE BY [omitted]
16.In September 2023, [omitted] became aware that the accused had offended against her cousin [omitted] daughter’s, [omitted] and [omitted]. [omitted] contacted her sister [omitted] and informed her she would speak to police.
[omitted]
Circumstances of the offending
Charge 4 – PARTY
17.As a child [omitted] lived with her parents in [omitted]. On a date between [omitted] March 1985 and [omitted] March 1988, when [omitted] was aged between 5 and 7 years old, her family had a party at their home address in [omitted]. There were many family members at the party, including the accused.
18.[omitted] was wearing her pyjamas and was asleep in her bedroom. [omitted] awoke to find her pyjama bottom and underwear pulled down. She was lying on her stomach and could hear the accused talking before feeling him rubbing the outside of her anus. The accused then rolled [omitted] onto her back and rubbed her vagina before introducing a finger inside her vagina (Charge 4 – indecent assault of a person under 16). After some time, the accused stopped and left her bedroom.5 [omitted]
4 Statement of [omitted], para 8-9
5 Statement of [omitted], para 19-23
recalls this incident as it was the only time the accused penetrated her vagina with his finger in her bedroom.
Charge 5 – IN HER BEDROOM
19.On a date between [omitted] March 1985 and [omitted] March 1988, when [omitted] was aged between 5 and 7 years old, [omitted] was in her bedroom at her home in [omitted], laying on her back on her bed. The accused entered her bedroom and put his fingers to his lips indicating that she needed to be quiet.
20.The accused pulled [omitted] pants and underwear down and put his mouth onto her vagina, introducing his tongue inside her vagina (Charge 5 – indecent assault of a person under 16).6
Charge 6 – AT THE ACCUSED’S HOUSE (BEDROOM)
21.On a date between [omitted] March 1985 and [omitted] March 1988, when [omitted] was aged between 5 and 7 years old, [omitted] attended the accused’s home in [omitted].
22.The accused led [omitted] into a bedroom in the accused’s house where there was a bed. The accused pulled down [omitted] pants and underwear before putting his mouth on her vagina and introducing his tongue inside her vagina. Whilst touching her vagina with his tongue and mouth, the accused used his hands to touch [omitted] chest and stomach and kept her still (Charge 6 – indecent assault of a person under 16).7
Charge 7 – AT THE ACCUSED’S HOUSE (BASEMENT)
23. On another date between [omitted] March 1985 and [omitted] March 1988, when [omitted] was aged between 5 and 7 years old, [omitted] was again at the accused’s
6 Statement of [omitted], para 24-26
7 Statement of [omitted], para 28-30
home in [omitted]. [omitted] recalls being alone with the accused and sitting on a couch in a basement at his home in [omitted].
24.The accused used his left arm to pull [omitted] in closer to him. The accused then put his right hand inside the front of [omitted] pants and underwear and rubbed her vagina (Charge 7 – indecent assault of a person under 16).8
DISCLOSURE BY [omitted]
25.During a holiday to Melbourne when [omitted] was still young, she told her cousin [omitted] that she had been assaulted by the accused. [omitted] also said that she had been assaulted by the accused.
26.On another visit to Melbourne when she was 18 years old, [omitted] also told her brother, [omitted] that she had been molested by the accused. 9
27.In September 2023, [omitted] contacted [omitted] and told her that the police were investigating the accused. On 25 October 2023 [omitted] provided a statement to police.
[omitted]
Circumstances of the offending
Charge 8 – AT THE ACCUSED’S HOUSE (CELLAR)
28.[omitted] grandparent’s live next door to the accused at [omitted] (Complainant [omitted] is [omitted] aunt).
29.On Sunday 20 August 1995, when [omitted] was aged 9, her mother dropped her off at her grandparent’s house at [omitted]. During the day, [omitted] decided to take the family dog [omitted] for a walk. Whilst walking the dog [omitted] stopped and spoke to the accused in his driveway at [omitted].
8 Statement of [omitted], para 31-33
9 Statement of [omitted], p. 378.
30.[omitted] ended up in the accused’s cellar underneath his house. The accused told her she looked pretty and rubbed her chest and breasts over the top of her dress. The accused then put his hand up [omitted] dress and touched her vagina over her underwear (Charge 8 – indecent assault of a child under 16).10 During the incident [omitted] tried to move away from the accused. [omitted] the dog was barking and attempting to pull [omitted] away via his lead. The accused eventually removed his hand from [omitted] underwear. [omitted] returned to her grandparent’s house next door.
31.Later that day [omitted] told her mother [omitted] what had occurred. [omitted] reported the matter to police but did not want [omitted] spoken to at the time due to
her age.11
[omitted]
Circumstances of the offending
Charge 9 - CLOCK
32.On a date between [omitted] November 2012 and [omitted] November 2013, when [omitted] was 7 years old, the accused visited [omitted] home at [omitted]. Her father, mother, sister and brother were at home at the time.
33.[omitted] mentioned that the clock in her room had stopped working. The accused offered to fix the clock and followed [omitted] into her room. Once in the room,
the accused kissed [omitted] on the lips with an open mouth, putting his tongue inside her mouth (uncharged act).
34.The accused used his hand to touch [omitted] vagina over the top of her shorts before pulling down her shorts and underwear and penetrating her vagina with his fingers for approximately 1 to 2 minutes (Charge 9 –incest).12
10 Statement of [omitted], para 6-15.
11 Statement of [omitted], p. 347.
12 VARE of [omitted], Q&A 1041-1072.
35.[omitted] father called out to the accused to see if he wanted a coffee. This caused the accused to stop and leave [omitted] bedroom.
Charge 10 – FAMILY SAUCE MAKING DAY
36.On a date between [omitted] November 2017 and [omitted] November 2018, when [omitted] was approximately 12 years old, she visited the accused’s house in [omitted] for a family sauce making day.
37.The accused’s [omitted] sons attended, along with their wives and children. The whole family gathered in the accused’s garage to make the sauce. The garage was separate from the accused’s house.
38.At one point during the day [omitted] went inside and played on her iPhone on the couch in the loungeroom. She was the only person in the loungeroom at the time. The accused entered the room and led [omitted] to the hallway. Once there, the accused exposed his erect penis and grabbed [omitted] hand and placed it onto his penis which was erect. This was the first time she had seen his penis.
39.The accused led [omitted] into a spare bedroom which was on the ground floor of the accused’s house. He forcibly placed her on the bed and pulled her pants and underwear down. [omitted] remembers feeling scared. The accused has penetrated [omitted] vagina with his tongue (Charge 10 – sexual penetration of a child under 16 or a lineal descendant).13 After a short time the accused heard someone come into the kitchen from outside. The accused then stopped penetrating [omitted] and ran out of the room. [omitted] pulled her pants and underwear up and
joined her family.
Charge 11 – WATCHING TV
40. On a date between [omitted] November 2019 and [omitted] November 2021, when [omitted] was approximately 14 years old, she visited the accused’s house in [omitted].
13 VARE of [omitted], Q&A Q517-697.
41.[omitted] was in the kitchen helping her grandmother with dinner when she saw the accused, who was sitting in the loungeroom.
42.Later that night [omitted] was sitting on the couch in the loungeroom watching TV next to the accused. Sitting on the other side of the couch was [omitted] younger brother [omitted]. The accused and [omitted] had a blanket over their laps. [omitted] grandmother was sitting on a separate armchair. Under the blanket the accused pulled his pants down and placed [omitted] hand on his penis over clothing.
43.The accused then touched the [omitted] vagina over her clothing under the blanket.
After a short time, he used his other hand to pull [omitted] leggings and underwear down towards her knees and touched her vagina again (Charge 11 – sexual assault of a child under 16). [omitted] pushed the accused’s hand away and pulled her underwear and leggings up. During the entire incident the accused was quiet and discrete so that the other people in the room didn’t notice.14
44.After watching TV for some time, [omitted] grandmother left the room. Whilst she was gone, the accused rubbed [omitted] vagina in a circular motion, over clothing (uncharged act). [omitted] moved the accused’s hand away and moved to the floor to continue to watch TV.
Charge 12 – IN THE CAR
45.On a date between the 1st of November 2022 and the 30th of November 2022, when [omitted] was aged between 16 and 17 years old, she was picked up by the accused from her home address in [omitted] and taken to his home in [omitted]. It was agreed that [omitted] would then be picked up by her aunty to be taken to a work placement.
46.[omitted] sat in the front seat of the vehicle. Whilst driving, the accused said to [omitted] that if she told anybody about what had occurred previously, she would go to jail. The accused ran his finger across his throat when he said this. The accused then placed
his hand on [omitted] breast before moving it down to her thigh, over her clothing. He was still driving the car when he did this (uncharged act).
47.Whilst still driving, the accused then placed his hand onto [omitted] vagina over clothing, moving it up and down (uncharged act). [omitted] moved his hand away but he continued to touch her vagina. The accused started to touch his penis over clothing and moan in front of [omitted]. He said, “baby I miss you.” (Charge 12 – sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority). [omitted] told the accused to stop. The accused told her that he doesn’t love her anymore.15
Charge 13 – AUSTRALIAN OPEN ON TV
48.On a date between the 10th of January 2022 and the 30th of January 2023, when [omitted] was aged between 16 and 17 years old, the accused visited the complainant’s house at [omitted] with her Uncle [omitted] and her cousin [omitted].
49.[omitted] recalls that her uncle was assisting to put together a desk for her sister [omitted]. [omitted], [omitted] and [omitted] were all in the care of the accused on this occasion.
50.[omitted], [omitted], her cousin [omitted] and the accused were all in the loungeroom watching the Australian Open tennis. The other adults were in the garage. At some point [omitted] left the loungeroom to get some water from the kitchen. The accused followed her and approached her from behind when she was at the fridge. The accused pulled [omitted] towards him and then grabbed her bottom with both of his hands (uncharged act). The accused said to [omitted] that he missed her and hadn’t seen her in a while. [omitted] pulled away from the accused and returned to the loungeroom.
51.Later that same day, [omitted] returned to the kitchen to wash her hands. The accused followed [omitted] and again came up from behind and placed his left hand on her
bottom. The accused then placed his right hand on [omitted] vagina and rubbed it over her clothing (Charge 13 – sexual assault of a child aged 16 or 17 under care, supervision, or authority).16
Charge 14 – CHANGING PANTS
52.On a date between the 27th of January 2023 and the 30th of April 2023, when [omitted] was 17 years old, she was picked up by the accused from her home address in [omitted] and taken to his home address in [omitted]. This was another occasion where it was arranged that [omitted] would then be picked up by her aunty to be taken to a work placement.
53.[omitted] sat in the front seat of the vehicle. Whilst driving, the accused started to touch his penis over his clothing. He started to moan and then removed his penis from his pants, exposing it in [omitted] presence. The accused then grabbed [omitted] hand and placed it on his exposed penis, moving it up and down. When the accused stopped at traffic lights, he touched [omitted] breast with one hand whilst still rubbing his penis with the other. When the accused started to drive again, he took his hand away from [omitted] breast but continued to rub his penis and moan whilst driving. The accused ejaculated. (Charge 14 – sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority).17
54.After some time, the accused told [omitted] that his pants were wet, and he laughed. [omitted] could see a wet patch on the front of the accused’s pants. Once they arrived at his home in [omitted] the accused changed his pants.
55.At the time of this incident [omitted] was in the care of the accused.
Charge 15 – DROPPED OFF AT SCHOOL
56.On another date between the 1st of June 2023 and the 30th of August 2023 when [omitted] was 17 years old, she was picked up by the accused from her home address in [omitted] to be dropped off at school.
57.[omitted]was wearing her winter school uniform on this occasion and sat in the front seat of the vehicle. Whilst driving, the accused placed his hand on [omitted] upper thigh, close to her vagina. The accused asked [omitted] why she wasn’t wearing a skirt. The accused then touched her breast whilst still driving. The accused moaned and said, “Baby I miss you”. [omitted] attempted to remove the accused’s hand and asked him to stop because she was feeling uncomfortable. The accused said that he would stop if it made her feel uncomfortable but continued to touch her breast (Charge 15 –sexual assault of a child aged 16 or 17 under care, supervision or authority).
58.At the time of this incident [omitted] was in the care of the accused.18
Charge 16 – [omitted]
59.On 10 August 2023 when [omitted] was 17 years old, her mother was booked in for an [omitted] so it was arranged that the accused would pick up [omitted] from school.
60.[omitted] was wearing her school uniform on this occasion which consisted of long pants. [omitted] sat in the front seat of the vehicle. Whilst driving, the accused placed his hand on [omitted] breasts before moving his hand down to her upper thigh and onto her vagina, over clothing. Whilst his hand was over [omitted] vagina the accused called her “baby” and told her that he missed her and hadn’t seen her body in a long time (Charge 16 – sexual assault of a child aged 16 or 17 under care, supervision or authority).19
61.At the time of this incident [omitted] was in the care of the accused.
[omitted]
Circumstances of the offending
Charge 17 – WATCHING TV
62.On an occasion between [omitted] September 2017 and [omitted] September 2018, when [omitted] was approximately 10 years old, she was at the accused’s home in [omitted].
63.[omitted] was sitting on the couch watching TV with the accused whilst her grandmother was preparing dinner in the kitchen. [omitted] was wearing her pyjamas and had a blanket over her lap. The accused put his hand on [omitted] bottom, over her pyjama pants (uncharged act – context).
64.The accused then put his hand under [omitted] pyjama pants and underwear and rubbed her vagina in a circular motion for approximately 2 minutes (rolled up charge 17 – sexual assault of a child under 16)
65.On another occasion between the same dates, [omitted] was sitting on the bench in the kitchen area of the house and was being supported by the accused who was holding her by the waist. [omitted] sister. Brother and grandmother were also in the kitchen area. They were all looking at a rat that was outside near a barbeque. Upon [omitted] grandmother, brother and sister leaving the kitchen area, the accused put his right hand inside [omitted] pants and underwear and rubbed her vagina. Whilst rubbing her vagina the accused asked [omitted] “does that feel good?”. [omitted] said “no”. When the accused took his hand out of [omitted] pants, he sucked the fingers on his hand that had rubbed her vagina (rolled up charge 17 – sexual assault of a child under 16).20
Charge 18 – APRICOT TREE
66.On an occasion between [omitted] September 2019 and [omitted] September 2020, when [omitted] was approximately 12 years old, the accused and her grandmother came to her house in [omitted].
67.The accused and her grandmother were outside with [omitted] parents helping them to cut down an apricot tree. [omitted] was sitting on the couch in the loungeroom, watching her iPad.
68.The accused came inside and sat down next to [omitted] on the couch. [omitted]
parents were still outside, and she was alone in the loungeroom with the accused.
69.The accused put his hand inside [omitted] pyjama pants and underwear and rubbed her vagina in a circular motion for approximately 2 minutes (Charge 18 – Sexual assault of a child under the age of 16).21 When he removed his hand he said, "if you say anything” and slid his finger across his throat. [omitted] took the accused’s action to be a threat to not tell anyone or she would be dead.
Charge 19 & 20 – PAINTING
70.On 24 May 2019, the accused attended [omitted] house in [omitted] to assist [omitted] dad with painting the interior of the home. [omitted] was in grade 6 at school and aged 11 years old at the time. [omitted] is able to pinpoint the exact date as her father took a picture of her assisting with the painting.22
71.During that day she was in her room playing on her iPad. The accused came into her bedroom holding a ladder and paintbrushes. The accused suggested that she help him paint the roof in her room. [omitted] climbed up the ladder and was held steady by the accused holding her waist and bottom.
72.The accused turned [omitted] around on the ladder and slightly pulled down her leggings and underwear. The accused put his tongue inside [omitted] vagina, licking it up and down, for approximately 2 minutes (Charge 19 –sexual penetration of a
21 VARE of [omitted], Q&A 238 – 271.
child or lineal descendant).23 [omitted] pulled her underwear and pants back up. The accused said that he better be careful in case somebody comes up.
73.After [omitted] got off the ladder, the accused grabbed her hand and placed it on his penis over clothing. [omitted] could feel that his penis was hard. The accused took his penis out of his pants and told her that it loves her. He asked her to touch it and she said no. He then grabbed her hand and put it on his exposed and erect penis. He moved her right hand on his penis in a back and forth motion for approximately 2 minutes (Charge 20 – sexual assault of a child under the age of 16).24
74.Afterwards the accused told [omitted] not to say anything or he would go to jail.
Charge 21 – SWIMMING POOL
75.On an occasion between [omitted] September 2020 and [omitted] September 2021, when [omitted] was approximately 13 years old, the accused attended her home at [omitted]. [omitted] family were all inside and both the accused and [omitted] were alone together and swimming in the pool.
76.[omitted] was laying on an inflatable swan, sunbaking. She was wearing a one piece swimsuit at the time which had long arms and short legs. The accused told [omitted] that she should be wearing a bikini because she would look “hot” in a bikini. The accused then placed his hand on [omitted] vagina, over her swimmers.[omitted] slid off the swan and swam away from the accused (Charge 21 – sexual assault of a child under the age of 16).25
DISCLOSURE BY [omitted] AND [omitted]
77.From an early age [omitted] and [omitted] spoke to each other about the accused touching them. When [omitted] was in year 7 she could no longer deal with hearing what the accused was doing to [omitted] so she told [omitted] that she didn’t want to talk about it anymore.
23 VARE of [omitted], Q&A 92-131.
24 VARE of [omitted], Q&A 92-131.
25 VARE of [omitted], Q&A 343 – 382.
78.Over a number of months in 2023, [omitted] disclosed the offending to her boyfriend, [omitted].26 [omitted] also disclosed to her boyfriend that the accused had offended against her sister [omitted]. [omitted] encouraged [omitted] to tell her parents.
79.On 5 September 2023, the complainant sent a text message to her mother telling her to “come upstairs”.27 It was on this day that [omitted] and [omitted] both disclosed to their parents what had been happening with the accused.28
80.[omitted] and [omitted] disclosures prompted their mother to contact and inform other members of the family, including the accused’s son [omitted] and his wife [omitted]. Approximately one week later [omitted] and [omitted] attended the accused’s home in [omitted] and confronted the accused. The accused stated that he might have kissed, hugged and touched his daughters on the bottom sometimes. When challenged about that account, the accused blamed his wife, stating that she hadn’t given him sex for 15 years.
POLICE INVESTIGATION
81.On 17 September 2023 [omitted] and [omitted] mother contacted police to report the allegations.
82.On 22 September 2023, [omitted] and [omitted] both attended [omitted] police station. On that day [omitted] participated in a recorded interview with police.
83.On 27 September 2023, [omitted] returned to [omitted] police station and participated in a recorded interview with police.
INTERVIEW WITH THE ACCUSED
26 VARE of [omitted], p 359.
27 Exhibit 13 – Screenshot of text message sent by [omitted] to her mother on 5
September 2023
28 VARE of [omitted], Q&A 400-421
84.On 20 December 2023, the Accused attended [omitted] Police station and was interviewed by police.
[omitted]
85.The accused denied all of the allegations made by [omitted].29
[omitted]
86.The accused denied all of the allegations made by [omitted].30
[omitted]
87.The accused denied all of the allegations made by [omitted].31
[omitted]
88.In relation to the allegations made by [omitted] the accused:
a.Recalled his neighbours and specifically [omitted] but said no when asked if he had ever done anything sexual with her;
b.Stated “[omitted] can say whatever she says, she provoked me. I was doing some painting. Painting the kitchen cupboards and [omitted], she was coming out of the bathroom, nothing on, just with a towel on her head, going into the bathroom to get dressed. And she provoked me. But I never touched her.”
c.Stated that when she was sunbaking topless he said to her “gee your looking
good, she was sunbaking topless. She had nice boobs, never touched her.”
d.In relation to charge 2, he stated “I probably did, I can’t remember touching her breasts, but I probably did, because she was provoking me too. I could have gone into the bedroom and had sex with her, the way she was coming out of the bathroom. She was coming out in the nude, every morning.” 32
29 Record of Interview – Q&A 635-667
30 Record of Interview – Q&A 693-722
31 Record of Interview – Q&A 736-742
32 Record of Interview – Q&A 788-801 and Q&A 813-815
[omitted]
89.In relation to the allegations made by [omitted] the accused:
a. Recalled that [omitted] sister [omitted] had a daughter but denied touching her.
b. Stated that “she came under the house, where I’ve got the winery there, with the dog. And what happened was the dog had a pee on the ground, and I said, oh geez you better get out of here. So I smacked her on the bum, just give her a smack on the bum and go out. So she went, normal, then she start crying. My wife said why she crying for? Oh maybe cos I smacked her on the bum. I told her to get out because the dog. I had to clean up the pee under the house where I’ve got the wine. And that’s about it.”33
[omitted]
90.In relation to the allegations made by [omitted]:
a.He denied that charge 17 occurred but recalled a rat being at his house.34
b.In relation to charge 18, the accused recalled attending [omitted] house to assist with cutting down an apricot tree. The accused denied assaulting [omitted] stating “I wouldn’t do something like that, she is crazy, why she talking like that for.”35
c.In relation to charge 1936:
i.He recalled painting [omitted] bedroom when she was there.
ii.He admitted that he had penetrated [omitted] vagina with his tongue on that day, stating “I did that, because I was loving it. I was really loving it.” The accused described touching [omitted] legs before moving her underwear to the side and using his tongue to touch her vagina stating “I went there with the tongue, actually I bite it.” He
33 Record of Interview – Q&A 815-887.
34 Record of Interview – Q&A 131-145
35 Record of Interview – Q&A 209-228
36 Record of Interview – Q&A 229-329
stated it was [omitted] that instigated the incident, stating “she wanted to play, it wasn’t me, she wanted to play.”
iii.He stated that she touched his penis before licking her vagina and denied grabbing her hand, stating “no, she put her hand herself onto my penis”.
d.In relation to charge 21, the accused recalled swimming in the pool at
[omitted] and her lying on an inflatable swan but denied touching her.37
[omitted]
In relation to the allegations made by [omitted] the accused:
a.Admitted to doing sexual things with [omitted], stating “with [omitted] we did a lot.
I’ve touched her. I touched her everywhere.”
b.Denied penetrating [omitted] but stated “I always touched her on the front.” He stated “just with a finger. On top. She use to love it.”
c.Denied charge 10 but confirmed they make sauce as a family each year; 38
d.Admitted that the offending on the couch the subject of charge 11 occurred, stating “That’s true” and “She had a blanket over, she pulled her pants down. My wife was sitting over there, I got up and I went outside. But she then pulled her pants down because she wanted to play, many times.”39 He further admitted to making [omitted] touch his penis, stating “Make her touch my penis, that’s true. That is true. He admitted to touching the top of her vagina. That’s true. Everything she says there is true. But you got to hear my story.” 40
e.Recalled touching [omitted] bottom and breasts “all the time” but then denied
touching [omitted] breasts, stating “she got no breast”. What the hell am I going to
37 Record of Interview – Q&A 209-228
38 Record of Interview – Q&A 459-469
39 Record of Interview – Q&A 477-529
40 Record of Interview – Q&A 477-529
touch her breasts.” He recalled touching [omitted] vagina over clothing and rubbing it, stating “that’s true.”41
f.Stated that charge 14 was not possible but admitted to needing to change his pants when he returned home.42
41 Record of Interview – Q&A 554-576
42 Record of Interview – Q&A 577-609
ANCILLARY ORDERS
Maximum Penalty
| Charge | Section | Maximum penalty |
| Indecent Assault (charge 1) | Section 55(1) Crimes Act 1958 as amended by the Crimes (Amendment) Act 1967 | 5 years |
| Indecent assault of a person under 16 (charges 2-7) | Section 44(1) of the Crimes Act 1958, as amended by the Crimes (Sexual Offences) Act 1980 | 5 years |
| Indecent assault of a child under 16 years (charge 8) | Section 47 of the Crimes Act 1958, as amended by the Crimes (Sexual Offences) Act 1991 | 10 years |
| Incest (charge 9) | Section 44 (1) of the Crimes Act 1958, as amended by the Crimes (Sexual Offences) Act 1991. | 25 years |
| Sexual Penetration of a child or lineal descendant (charge 10 and 19) | Section 50C of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016. | 25 years |
| Sexual assault of a child under the age of 16 (charges 11, 17, 18, 20 and 21) | Section 49D (1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016. | 10 years imprisonment |
| Sexual Activity in the presence of a child aged 16 or 17 under care, supervision or authority (charge 12 and 14) | Section 49G(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016. | 5 years imprisonment |
| Sexual Assault of a child aged 16 or 17 under the care, supervision or authority (charges 13, 15 and 16) | Section 49E(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016 | 5 years imprisonment |
Mandatory Sentencing
· Charge 10 and charge 19 are a Category 1 offence. Charge 19 also carries a standard sentence of 10 years.
· Charges 11, 18, 20 and 21 carry a standard sentence of 4 years.
Sex Offender Registration
The offender is to be sentenced to six charges which involve the sexual penetration of a child (charges 4, 5, 6, 9, 19 and 19). He therefore falls to be sentenced for six Schedule 1 offences pursuant to Schedule 1 of the Sex Offenders Registration Act 2004. 43 The reporting period is life.
Serious Sexual Offender
If the offender is sentenced to a term of imprisonment on charges 1 and 2 on the indictment he falls to be sentenced as a serious sexual offender on the remainder of the charges before the Court.
Criminal History
NIL
Chronology
| Date | Event |
| 22 December 2023 | Filing Hearing |
43 See item 1 and 6
| 15 March 2024 | Committal Mention – SHUB PNG |
| 11 April 2024 and 2 May 2024 | Directions Hearing |
| 9 September 2024 | 198A hearing [omitted] cross examined on a limited basis Matter resolved |
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