Director of Public Prosecutions v Gorton

[2014] VCC 682

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

AT SALE
CRIMINAL JURISDICTION

CR -14-00190

DIRECTOR OF PUBLIC PROSECUTIONS

v

GREGORY THOMAS GORTON

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Sale
DATE OF HEARING:	15 May 2014
DATE OF SENTENCE:	15 May 2014
CASE MAY BE CITED AS:	DPP v Gorton
MEDIUM NEUTRAL CITATION:	[2014] VCC 682

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr N Hutton	O.P.P.
For the Accused	Mr J Sullivan	Sullivan Braham Pty Ltd

HIS HONOUR: 

1Gregory Thomas Gorton, you have pleaded guilty to two charges of sexual penetration of a child under the age of 16, who at the time of the commission of the offence, was under your care, supervision or authority, contrary to s.45 of the Crimes Act 1958. The maximum penalty for that offence is 15 years imprisonment.

2You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence. 

3You have no prior convictions, subsequent convictions or outstanding charges. 

4A prosecution opening was read to the court and your offending may be summarised as follows: 

5In 2012 you commenced employment as an English and Science teacher at Gippsland Grammar.  You taught Years 8, 11 and 12. 

6

In October 2013, you cultivated a friendship with a female Year 10 student who you found attractive.  After frequent contact, both personally and via text message, you invited her to spend an evening with you on the weekend of

26 and 27 October 2013.  You arranged to stay at a friend's house in Moe and you and the complainant travelled there by train from Sale.  As you were leaving the railway station, you spoke to her father, who had dropped her off at the station, telling him you were there at the railway station by chance. 

7At your friend's house in Moe, you and the complainant consumed alcohol and you also visited a hotel in Traralgon.  The complainant became heavily intoxicated and at the house in Moe, you had sexual intercourse with her on two occasions, which are the subject of the charges before the court.  You also engaged in a range of other sexual activity with her. 

8

On your return to Sale, you were observed in the company of the complainant by her father, who questioned her about your relationship.  Following this your offending was revealed and you were interviewed by investigating police on

1 November 2013, and you made full admissions to them during the course of that interview. 

9Your offending is of the utmost seriousness and the sentence I impose must be calculated to deter you and others from offending in this way.  The community is also entitled to rely on the significant trust placed in teaching staff, and so the sentence I impose must also protect the community from offending of this nature.  You must also be punished for your selfish and destructive behaviour.

10I have received in evidence victim impact statements from the parents of the complainant, and I accept that your offending has had a deeply traumatic effect upon her and her family. 

11I now turn to your personal circumstances.  You were born on 9 May 1984 and you are now aged 30.  You are married, and despite your offending, you have the continuing support of your wife. 

12I heard evidence from your father and I accept that you come from a stable and supportive family and you grew up in the Hunter Valley in New South Wales.  You are of high intelligence and in 2002 commenced studies in medicine at Adelaide University. 

13In 2003, at the age of 19, symptoms first emerged of bipolar disorder, which illness you have suffered from since that time.  You have been hospitalised on a number of occasions and have attempted suicide at least twice.  You are in receipt of anti-psychotic medication and in 2009, undertook electroconvulsive therapy to assist in the control of your illness. 

14Your father gave evidence that in August 2013, he saw you at a family function in Newcastle and formed the view that your mental health was unstable and deteriorating. 

15I am satisfied that at the time of your offending, your judgment was seriously impaired by your illness and the delusional thinking, which is symptomatic of that condition. 

16

As properly accepted by the prosecution, the principles enunciated by the Court of Appeal in R v Verdins (2007) 16 VR 269, are engaged in your case.

I am satisfied that your moral culpability for your offending must be considered in the light of your mental illness and that general deterrence should be moderated in your case.

17I am also satisfied that imprisonment will compound your mental illness and the hardship of imprisonment is greater for you than would otherwise be the case.  Furthermore, in my opinion, you will benefit from ongoing treatment and supervision and I therefore propose to fix a shorter than usual non-parole period in relation to this sentence for that reason. 

18I am satisfied that you are deeply remorseful for what you have done and I accept your prospects for rehabilitation may properly be described as very good. 

19In the result, the sentence of the court is as follows: 

In relation to Charge 1, the charge of sexual penetration of a child under the age of 16, you are convicted and sentenced to be imprisoned for 18 months.

On Charge 2, the charge of sexual penetration of a child under the age of 16, you are convicted and sentenced to be imprisoned for 18 months.

20I order that 12 months of the sentence on Charge 2 be served cumulatively on the sentence imposed on Charge 1.  This makes for a total effective term of imprisonment of two years and six months. 

21I order that you serve 12 months imprisonment before becoming eligible for release on parole. 

22I declare that you have served 182 days by way of pre-sentence detention, not including today. 

23But for you plea of guilty, I would have sentenced you to a total effective term of imprisonment of three years and six months and imposed a non-parole period of 18 months.

24You will be placed on the sex offender's register for 15 years and information in relation to you obligations thereunder will be supplied to you. 

25I have made the forensic sample order sought on behalf of the prosecution. 

26You can be seated, Mr Gorton. 

27Are there any further orders required? 

28MR HUTTON:  No, Your Honour. 

29HIS HONOUR:  All right.  That means, Mr Gorton, that you will become eligible for release on parole in approximately six months' time.  I urge you to undertake ongoing psychiatric treatment on your release from prison. 

30We will adjourn now.

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