Director of Public Prosecutions v Gilmore (a pseudonym)
[2023] VCC 2247
•24 November 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BENDIGO & MELBOURNE
CRIMINAL JURISDICTION
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TYRONE GILMORE (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE CHETTLE |
WHERE HELD: | Bendigo and Melbourne |
DATE OF HEARING: | 1 November 2023 |
DATE OF SENTENCE: | 24 November 2023 |
CASE MAY BE CITED AS: | DPP v Gilmore (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2247 |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE
Catchwords: Sentencing – federal and state charges, possess child abuse material, use carriage service to access child abuse material, produce child abuse material, sexual assault of a child, sexual penetration of a child under 12, sexual activity in the presence of a child under 16, breach of bail conditions - plea of guilty
Legislation Cited: Crimes Act 1914 (Cth), 11A sub-s(4), 6AAA Sentencing Act 1991, Sex Offenders Registration Act 2004
Cases Cited:Bugmy V R (2013) 302 ALR 192
Sentence: Imprisonment, total effective sentence 13 years imprisonment, 9-year non-parole period. SORA for life, Forfeiture and disposal order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms S. Thomas | Ms K. Parnham, Ms I. Abdulnour, Office of Public Prosecutions |
For the Accused | Ms L. Bull | Mr L. Docherty, Docherty Legal |
HIS HONOUR:
1Tyrone Edward Gilmore[1], you have pleaded guilty to three charges of possession of child abuse material, one charge of using a carriage service to access child abuse material, two charges of producing child abuse material, three charges of sexual assault of a child, one charge of sexual penetration of a child under 12 and two charges of sexual activity in the presence of a child under 16.
[1] A pseudonym
2You have also pleaded guilty to a related summary offence of a rolled-up charge of breaching your bail conditions.
3All charges, except Charges 10 and 11, both sexual assault of a child under the age of 16 charges, are rolled up charges encompassing multiple occasions of offending.
4The facts of your offending are set out in Exhibit A, the amended prosecution opening for plea. I was informed by your counsel that I could treat that document as an agreed statement of fact. I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein.
5I propose to only briefly deal with the facts of your offending. They are comprehensively dealt with in Exhibit A which is an extensive and comprehensive document.
6You are now 20 years of age. You were 17 to 19 years when you offended.
7On 11 August 2022 police attended at your residence in regional Victoria[2] and executed a search warrant. Your Samsung mobile phone was seized. Initial examination revealed that you had a gallery of images and videos saved to your downloads folder. This contained child abuse material files which mostly depicted children who appeared to be aged between three and seven years of age.
[2] A pseudonym
8You made admissions at a field interview that day that you possessed child abuse material. You said you recommenced downloading child abuse material after a relationship breakdown in February 2022. You told some lies to the police, in particular that there were no videos of you or you doing anything and that you did not get sexual gratification from the child abuse material.
9You were taken to a Police Station and charged with child abuse material and drug offences and released on bail with the condition that you not possess an internet enabled device and to notify the informant if you obtained a new phone.
10When examining your phone subsequently 48 self-produced videos were identified, created between 19 January 2022 and 8 June 2022, all depicting your offending against your nieces, Colette[3], then three years of age and Tiffany[4], then seven years of age.
[3]A pseudonym
[4]A pseudonym
11On 5 September 2022 police re-attended your premises with another search warrant. Items of clothing relevant to the videos you produced were seized. You were found to possess an internet enabled mobile phone which you had purchased and setup shortly after your release on bail on 11 August 2022. You had registered the phone in your father's name and you used the phone to access the internet. This represents the breach of your bail conditions and the basis of the related summary offence to which you pleaded guilty.
12A further interview was held in which you made admissions to touching your nieces and filming them. You blamed your offending on your relationship breakdown and your childhood experiences of alleged sexual assault in residential care. You claim to have been drunk at the time and said you could not recall any penetration but you could recall 'flipping my dick out'. You claim to have acted as you did to prove to yourself that you were not a paedophile.
13The videos were taken by you on 19 January, 12 February, 18 February, 3 April, 5 April, 9 April, 10 April, 16 May, 20 May and 8 June 2022. That is on 10 separate occasions.
14Charge 8 is the only sexual penetration of a child charge. It relates to an offence of a child under 12 years of age. It is a rolled-up charge that covers four occasions that you digitally penetrated Colette on 18 February 2022. That offence has a maximum penalty of 25 years' imprisonment and a standard sentence of 10 years' imprisonment.
15A standard sentence is like the maximum penalty in that it is a legislative signpost in the sentencing process for this offence. It represents a sentence that is for a mid-range example of the particular offence, taking into account only the objective factors affecting the relative seriousness of that offence.
16In making that assessment I must not refer to matters personal to you and to determine seriousness wholly by reference to the nature of the offending. The standard sentence is, however, only one of the factors I must take into account in sentencing you. Normal sentencing considerations apply.
17In order to make an assessment of the seriousness of Charge 8, a sexual penetration of child under 12 charge, I obtained a copy of the videos you made on 18 February 2022 which evidence the conduct underpinning Charge 8. That charge is a rolled-up charge, as I said, including four separate occasions of penetration.
18In the first video you pull away the underwear of the sleeping child and force your fingers and then your thumb into her vagina. She appears to remain asleep.
19In the second video you pull down the pants of the sleeping child and part her vagina with your fingers. Your touching is protracted. You expose your penis, pull her pants down from behind and the front and rub inside her vagina again.
20In the third video you move her baby drink bottle, pull her pants down and to the side and push your fingers into her vagina in a forceful way. Colette wakes, resists, grabs at your hand, and runs from the bed. The video ends.
21Having regard to, firstly, the number of penetrations in a rolled-up charge. Secondly, the age of your victim. Thirdly, the forceful insertion of your fingers. Fourthly, the position of trust you held and fifthly, the clear distress caused to the child in the final penetration, I regard Charge 8 as a serious example of a serious offence. Your offending represents significantly more seriously than a mid-range example of the offence of sexual penetration of a child under 12.
22I reject the supplementary submissions of your counsel that your offence does not sit at the higher end of seriousness. It is more serious than a mid-range example as submitted.
23I have, however, taken into account the matters mitigating your offending and in particular, your age and background in arriving at an appropriate sentence for Charge 8. As I said, the standard sentence is only one of the relevant sentencing considerations.
24The charges on the indictment to which you have pleaded guilty are complicated. Charge 1 relates to your possession of child abuse material on 11 August and 15 September, excluding the videos you took of Colette and Tiffany but including videos and images you possessed of Willow Stockton[5].
[5]A pseudonym
25You were found in possession of a total of 1,640 child abuse material files of both category 1 and 2 classification as described in detail in paragraph 83 of Exhibit A. Seventy one of the 1,640 child abuse files relate to Colette and Willow and are not part of Charge 1. The Charge 1 child abuse files are both video and images downloaded from various sexual child abuse sites by you and depict children being penetrated by adults and other children. Some children are restrained. Others pose in sexualised ways.
26There are examples of the child abuse material described in detail in paragraphs 90, 91 and 96 of Exhibit A. I do not propose to read those descriptions in these reasons for sentence. It is unfortunately too common, vile material. It included seven child abuse files that you possessed of Willow Stockton. Willow self-produced these files and sent them to you via Snapchat and Facebook Messenger. They are depicted at paragraphs 112 of Exhibit A. You told police Willow was 14 although you believe she said she was 17 and said she was in relationship with you when she sent you those files.
27The number of child abuse files possessed by you is relevantly small when compared to the numbers often seen in other matters before this court. Overall, I assess Charge 1 as a lower mid-level example of the offence of possession of child abuse material.
28Charge 2 relates to you using the internet, a carriage service, to download child abuse material on 24 separate occasions between December 2021 and August 2022. Those individual downloads are listed in paragraph 119 of Exhibit A and in total you downloaded 677 images and videos of child abuse material. This is a rolled-up charge to cover those 24 downloads. In my view this offending represents a mid-level example of the offence of using a carriage service to access child abuse material and although 'only 677' files were downloaded you committed the offence on 24 separate occasions.
29Charge 3 is a rolled-up charge to cover all videos you produced of child abuse material involving your three-year-old niece, Colette. In total you took 13 videos of Colette on 19 January, 18 February, and 3 April 2022. Those child abuse videos are described in paragraph 99, 101, 102B, C, F and G of Exhibit A. Those videos evidence sexual offending you committed against Colette but this charge relates to you making or producing the 13 videos of child abuse material. Colette's age and the repeated nature of your offending makes your offending an upper mid-level example of offending of this type.
30Charge 4 is a rolled-up charge to cover your possession of the 13 videos of Colette. Although you possessed only 13 child abuse videos the age of the child depicted makes this offending a lower mid-level example, in my view, of this type of offence.
31Charge 5 is another rolled up charge to cover your possession of 21 child abuse videos of your seven-year-old niece, Tiffany. You made those videos on 19 January, 12 February, 3 April, 9 April, 10 April, 21 April, 16 May, 20 May and 6 June 2022. The content of those child abuse videos is described in paragraphs 99, 100A, 102A, D and E, 103A and B, 104A and B, 105, 106, 107 and 108 of Exhibit A. The descriptions of those videos demonstrate your possession of the child abuse material represents a lower-level example of that offence.
32Charge 6 relates to your production of those 21 child abuse videos of Tiffany as described in Charge 5. Some of those videos evidence sexual offending by you in the presence of a child but this charge relates solely to you producing the child abuse videos. The videos are not as graphic or disturbing as those you made of Colette but in my view the age of Tiffany, your repeated filming, and the number of occasions you filmed, make your offending a mid-level example of the offence of production of child abuse material.
33Charge 7 is a rolled-up charge covering seven occasions that you sexually assaulted Colette. On each of those seven occasions you took a video of your actions that evidence your offending.
34On 18 February 2022 you pulled down Colette's underwear whilst she was sleeping and touched her naked vagina with your fingers. You repeated the touching while exposing your penis. You later pulled her underwear aside and touch her vagina with your hand. In another video on the same day, you touch her vagina over her underwear using your right hand. On another occasion on the same day, you touch the outside of her underwear, then pull it aside and touch her naked vagina.
35In total you touched her vagina seven times in a similar way. All of this offending occurs around the four digital penetrations previously described in Charge 8. They form part of the course of conduct that involved both sexual assault then repeated digital penetration. The breach of trust, the age of your victim and the protracted nature of your offending make this offending an upper mid-level example of the offence of sexual assault of a child.
36Charge 9 is a rolled-up charge of sexual activity in the presence of a child and relates to the two incidents involving Colette. Again, this offending is evidenced by the child abuse videos you took. Again, the offending occurred on 18 February together with the conduct involved in Charges 7 and 8. During one of the videos you took that day Colette awoke with your phone light shining on her face. You began masturbating your erect penis in her face and she rolled away from you.
37In another video taken that day you expose your penis and masturbate above her. This charge is also a standard sentence offence with a standard sentence of four years. The maximum penalty is 10 years' imprisonment as prescribed by parliament and as I previously stated in dealing with Charge 8, a standard sentence is a legislative signpost and only one of the factors this court must consider.
38In my view, considering only the objectives factors of your offending, your conduct represents an upper mid-level example of this type of offence. The age of your victim, the repeated nature of your conduct and your breach of trust imposed on you all determine that assessment. However, totality must have a role to play in your offending for Charges 7, 8 and 9.
39Charge 10 relates to one sexual assault of Colette on 3 April 2022. In one of the videos you made that day you pull down Colette's clothing and underwear and expose her vagina. You then touch the outside of her vagina with your fingers. When Colette awakens you tell her you were looking for a bug. Because of Colette's age and your breach of trust again your offending represents an upper mid-level example of the offence of sexual assault of a child.
40Charge 11 is a charge of sexual assault of a child under 16 and relates to Tiffany. On 20 May 2022 you video recorded Tiffany walking around her house. You followed her and exposed your penis. When Tiffany climbed on the kitchen bench on her knees facing away from you, you touched her bottom over her clothing with your hand whilst pushing your exposed penis against her left foot. In my view this conduct represents a lower mid-level example of the offence of sexual assault of a child.
41Finally Charge 12 is another rolled up charge of sexual activity in the presence of a child covering five separate acts on the same day involving Tiffany. Again, on 20 May 2022 the video you took depicts you coming into Tiffany's room while she is asleep, pulling her cover back. You then expose your penis and masturbate close to her. She wakes and tells you to let her sleep. Four further videos show you doing the same thing on each of those four occasions on the same night.
42This offence is again a standard sentence with a standard sentence of four years' imprisonment. The same considerations that I outlined in respect to Charges 8 and 9 apply to this charge. The repeated nature of your offending and actions, the age of your victim and the number of times she tells you to leave her alone and your gross breach of trust make your offending objectively an upper mid-level of this type offence.
43You have admitted a prior criminal record. You have two Children's Court appearances in 2021 for cannabis charges, theft of a motor vehicle and unlicensed driving. I do not regard these matters of having any significance in the sentencing process for this offending.
44Your sister, Charlotte, made a victim impact statement, Exhibit B, on your plea. She is the mother, of course, of the two victims I have just referred to. She is devastated by what you did to her 'little rays of sunshine'. She cries at night and tries to pretend she is okay but feels broken. She is hyper protective of the children and is scared and anxious and depressed. She requires medication. Unsurprisingly, she wants nothing more to do with you. I take the victim impact statement into account in sentencing you.
45Turning to your personal history. You are now 20 years of age being born in February 2003. As I said, you were 17 to 19 years of age when you offended. Your history is set out in Exhibit 2, the psychological report of Carla Lechner and Exhibit 1, your counsel's submissions.
46You are one of five children born to Lucinda Gilmore[6] who died in 2017. You have four half siblings all from different fathers. That includes your sister, Charlotte, who is the mother of your victims. You are not aware of the identity of your father.
[6] A pseudonym
47According to what you told Ms Lechner you were taken from your mother's care when you were six years of age and that she was a drug user living in chaotic conditions. You and your younger brother were taken from school by DHS and never went back home. You reported that you were sexually abused at a very young age but you were unsure of the details and see that in flashbacks. You only have vague memories. Again, you claim to have been assaulted in a residential unit in Ballarat by being sexually touched by a girl. You were seven or eight years at the time and she was 15.
48As a child you lived in six or seven different units and were separated from your siblings. You had very limited contact with your mother. You attended two or three primary schools and two secondary colleges before dropping out of school at Year 10 level.
49After leaving school you worked for a pizza shop for about six months on a casual basis but you quit that in order to take up a position with a home maintenance company which you were performing when you were arrested.
50You have used cannabis since the age of 15 on a daily basis. You have been eventually using some 2 grams a day. You used ice when you were in residential care at the age of 16.
51You claimed to Ms Lechner that you accessed adult pornography via Pornhub and whatever came up. You were not able to explain to Ms Lechner how you came to be accessing child pornography beyond saying that you 'fell into a hole while intoxicated and had a lot going on'. Ms Lechner opines that this suggests that you are able to keep your urges relating to younger children at bay when you are more psychologically stable.
52Ms Lechner reports that in her view you are a moderate high risk of sexual reoffending. You appear to evidence sexual deviance which you deny and you try to repress. You have crossed the line from viewing child abuse material to making child abuse material and more significantly, contact offending. You have mental health problems, sporadic substance abuse problems, psychosocial immaturity and limited social support networks
53Ms Lechner says of more concern is your lack of connection with your offending. Ms Lechner concludes in her summary that your formative years have given rise to significant symptoms of complex PTSD such as chronically low
self-esteem, interpersonal mistrust avoidance, substance abuse, emotional and behavioural deregulation, hypervigilance and intrusive thoughts. You become destabilised when feeling unsafe and you lack adaptive coping skills and supportive social network.54You suffer from anxiety which you try to manage through music but also admit that you use drugs and alcohol to deal with this issue. When you are substance affected Ms Lechner is of the view that your ability to inhibit your deviant sexual urges is diminished.
55Psychologist Shealyn Jeffrey reported in Exhibit 3 in 2019,
'Mr Gilmore’s early developmental experiences include exposure to alcohol and other drugs. Exposure to antisocial and antiauthority attitudes and behaviour. Exposure to low moral reasoning and parental modelling that positively reinforced deviant behaviour. Throughout his early childhood and adolescence Mr Gilmore has been exposed to pornography and early sexual experience that have reinforced distorted sexual attitudes and sexual interest and deviant sexual arousal patterns. Mr Gilmore has a habit of poor emotional management and engagement in significant problem avoidance through substance use and escape. Mr Gilmore displays severe knowledge deficits regarding sexuality and he has had a lack of sex education and training. Without intervention Mr Gilmore's emotional interest in young children may become an adult deviant interest if he becomes dependent on sexual fantasy as a comfort strategy.'
56In a subsequent report in 2021, Exhibit 5, Ms Jeffrey stated,
'I have been working with Tyrone for two years in my role as a psychologist through Goldfields Psychology. Tyrone was initially referred by Youth Justice for intervention aimed at addressing Tyrone’s' needs relating to maintenance of risk for possession of child pornography and knowingly possess child abuse material. He commenced treatment on 8 February 2019 through to 31 July 2019.'
57That possession of child abuse material and child pornography is not a prior conviction for the purposes of this sentence.
58She reports,
‘Tyrone has exhibited challenging behaviours that have consequently led to ruptured relationships and have created insecurity in his attachment processes. He was witness to violence and torture, experienced significant neglect, sexual violence, physical and psychological abuse whilst in the care of his mother. Tyrone’s early development experiences include exposure to alcohol and other drugs. Exposure to antisocial and antiauthority attitude and behaviour. Exposure to low level moral reasoning and parenting model that positively reinforced deviant behaviour. Throughout his childhood and adolescence Tyrone has been exposed to pornography and early sexual experience that reinforced the distorted sexual attitudes and sexual interest and deviant sexual arousal patterns.'
59Ms Jeffrey stated that you have borderline cognitive function and coexisting complex post-traumatic stress disorder. She says,
'Taking into consideration the complexity of your history and presentation for treatment to be effective you require ongoing psychological intervention with trauma informed approach to support you reaching your goals and work towards developing a healthy relationship and supportive connections with professional peers and otherwise. Your borderline intellectual capacity and coexisting complex traumatic stress disorder limit your capacity to make decisions, problem solve, manage finance and manage tenancy.'
60I take the content of all psychological reports into account in sentencing you.
61What is clear is that you need to undergo the sexual offenders' program whilst you are in custody.
62I take your disadvantaged background and the reports of Ms Lechner and Ms Jeffrey into account in sentencing you.
63I also take into account your pleas of guilty. I accept that those pleas were entered at an early stage and you have spared the community and your victims and their family the trauma of an extended criminal trial. The value of those pleas of guilty is greater because of the effect COVID-19 has had upon our legal system. You are entitled to a greater reduction in sentence as a result.
64Secondly, I accept that those pleas evidence remorse for your offending although the psychological reports indicate that you are somewhat rigid and formulaic in your expressions of remorse.
65Thirdly and significantly, I take into account your age at the time you offended. You were only 18 or 19 years of age at the time. The seriousness of your offending reduces the impact of your youth as a mitigating factor to some extent. Your youthfulness is clearly a relevant matter when I come to determine the non-parole period for your offending.
66Fourthly, the principles in Bugmy[7], as I said, have some mitigatory role in your offending and reduce your moral culpability to some extent. It is difficult to assess exactly how much.
[7]Bugmy V R (2013) 302 ALR 192,
67Fifthly, I accept that your complex PTSD will make your time in custody more onerous for you than it would be for someone without your issues. I also take into account the fact that your psychological issues may be negatively impacted by your time in custody.
68Sixthly, your prospects of rehabilitation are entirely dependent upon your proper completion of the sex offenders' program and you obtaining assistance to deal with your destabilising drug abuse issues. You have real psychosexual issues. Despite your denials I am of the view you have paedophilic tendencies and you need offence specific intervention and trauma informed psychotherapy.
69The principles of general deterrence, specific deterrence, denunciation of your conduct and just punishment are the significant sentencing factors in your case. People minded to act as you did need to understand that they will receive stern punishment. You need to be deterred from repeat offending. Your offending demands stern sentencing. However, I have been alert to recognise principles of totality and parsimony in arriving at an appropriate sentence.
70Your offending was appalling. The word does not do justice to the way in which you behaved, particularly your contact offending to which I am referring in that regard.
71Sentencing you had been a difficult exercise. Some of your offences are extremely serious. The indictment is complex and contains both State and Commonwealth offences. I have had regard to all the factors mandated by
s16 of the Crimes Act (Cth)[8] in sentencing you on Charge 2.[8]Crimes Act 1914 (Cth)
72Your counsel submitted that a non-parole period of less than 60 per cent of the head sentence to be imposed is in the interests of justice in your case. Primarily your counsel relied upon your young age in this regard. Section 11A sub-s(4) of the Sentencing Act[9] requires the court to fix a non-parole of at least 60 per cent of the relevant term if that term is less than 20 years unless the court considers it is the interests of justice not to do so.
[9]Sentencing Act 1991
73In my view the objective seriousness of your offending and in particular that involved in Charge 8, is of such gravity and seriousness that it is not in the interests of justice to fix a non-parole period less than the mandated 60 per cent minimum.
74You committed multiple offences against multiple young victims. I have factored in your youth and background in determining the non-parole period.
75On all charges you are convicted.
76On Charge 1, possession of child abuse material, you are sentenced to be imprisoned for two years.
77On Charge 2, using a carriage service to access child pornography, you are sentenced to be imprisoned for three years.
78On Charge 3, producing child abuse material, you are sentenced to be imprisoned for two years.
79On Charge 4, possession of child abuse material, you are sentenced to be imprisoned for two years.
80On Charge 5, possession of child abuse material, you are sentenced to be imprisoned for 18 months.
81On Charge 6, producing child abuse material, you are sentenced to be imprisoned for two years.
82On Charge 7, sexual assault of a child under 16 years of age, you are sentenced to be imprisoned for three years.
83On Charge 8, sexual penetration of a child under 12 years, you are sentenced to be imprisoned for nine years.
84On Charge 9, sexual activity in the presence of a child under the age of 16, you are sentenced to be imprisoned for three years.
85On Charge 10, sexual assault of a child under 16, you are sentenced to be imprisoned for 18 months.
86On Charge 11, sexual assault of a child under 16, you are sentenced to be imprisoned for nine months.
87On Charge 12, sexual activity in the presence of a child, you are sentenced to be imprisoned for three years.
88I order that the sentence on Charge 2 commence today.
89I order that six months of each of the sentences imposed on Charges 1, 3, 6, 7, 9, 10 and 12 and three months of each of the sentences imposed on Charges 4 and 5 be served cumulatively on the sentence imposed on Charge 8 which I declare to be the base sentence.
90On the related summary offence of breach of bail conditions, you are sentenced to be imprisoned for two months and I order that that sentence be served concurrently with the other sentences imposed in this case.
91That is an effective term of imprisonment of 13 years and I order that you serve nine years before being eligible for parole.
92What is the PSD? Does anyone know?
93MS BULL: I can tell you, Your Honour. Bear with me one moment.
94HIS HONOUR: Got it?
95MS BULL: I'll just confirm it, Your Honour. I apologise.
96HIS HONOUR: Someone should have worked this out.
97MS BULL: Yes. Sorry, Your Honour. It's 435 days today, not including today.
98HIS HONOUR: Do you agree with that, Ms Thomas.
99MS THOMAS: I'm just getting some instructions about that, Your Honour. Yes. Could Your Honour - I apologise for this. Could Your Honour repeat the non‑parole period please?
100HIS HONOUR: Nine.
101MS THOMAS: Thank you.
102HIS HONOUR: Nine years.
103MS THOMAS: There's a disposal - yes, it's 435 days.
104HIS HONOUR: That is correct?
105MS THOMAS: Yes, we agree with that, Your Honour.
106HIS HONOUR: All right. I declare 435 days, not including today, of the sentence I have just imposed has already been served by way of pre-sentence detention.
107Pursuant to s6AAA of the Sentencing Act[10] I am obliged to indicate what sentence I would have imposed had you not pleaded guilty. It is somewhat artificial in this case because of the rolled-up nature of the charges which, of course, on a trial indictment would not be rolled up. Doing the best I can to foreshadow a trial and a conviction, I would have imposed a total effective sentence of 18 years with non-parole period of 13.
[10]Sentencing Act 1991
108Because you have committed both class 1 offences and class 2 offences as set out in the prosecution opening you become a registrable offender under the Sex Offenders Registration Act 2004[11] and your reporting obligations are for life. Because of your age, the serious sexual offender provisions do not apply to you.
[11]Sex Offenders Registration Act 2004
109I understand there is some form of ancillary forfeiture order?
110MS THOMAS: Yes. There's a disposal order, Your Honour. A draft order was provided. It's two telephones and Your Honour will recall there was some green vegetable matter but there was no charge.
111HIS HONOUR: Yes, I was - - -
112MS THOMAS: But that's covered by the disposal order.
113HIS HONOUR: I make the disposal orders sought by the prosecution and on that point, Ms Thomas, although the prosecution opening to which I have referred refers extensively to the possession of cannabis - - -
114MS THOMAS: Yes.
115HIS HONOUR: - - - and even describes it as a charge that is an error.
116MS THOMAS: Yes. We had a discussion about that at the time of the plea.
117HIS HONOUR: I just want it on the record.
118MS THOMAS: Thank you, Your Honour.
119HIS HONOUR: That I did not have to sentence him for that.
120MS THOMAS: Yes.
121HIS HONOUR: All right. Any other orders required?
122MS BULL: No, Your Honour.
123MS THOMAS: No, Your Honour.
124HIS HONOUR: I'll stand down now until 10.30.
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