Director of Public Prosecutions v Granata

[2015] VCC 699

IN THE COUNTY COURT OF VICTORIA

Revised
(Not) Restricted

 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-02159
CR 13-02485

DIRECTOR OF PUBLIC PROSECUTIONS

v

ALFIO ANTHONY GRANATA

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	25 May 2015
CASE MAY BE CITED AS:	DPP v Granata
MEDIUM NEUTRAL CITATION:	[2015] VCC 699

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N. Rogers SC with Ms C. Boston
For the Offender	Mr P. Chadwick SC

HIS HONOUR:

1

Alfio Anthony Granata, you have pleaded guilty to two indictments.  One concerned offences which were committed between 7 November 2012 and

24 December 2012.  The second concerned offences committed by you on

8 February 2013.  This second indictment concerned two counts of possession of a drug of dependence, namely methylamphetamine and cannabis-L.  The first indictment contained nine charges of rape, two charges of threatening to kill, one charge of theft, one charge of threat to cause serious injury and one of causing serious injury intentionally.

2The circumstances of the offending are contained in great detail in the prosecution opening, dated 24 March 2015, which was exhibited and will be retained on the court file.  Although it is unnecessary to recite it again as it was done during the plea, it is important to set out the factual circumstances in a summary form.

3I will refer the complainant at "J" for reasons of anonymity in this sentence.  She grew up in Holland with her parents and arrived in Australia in 2011 as a tourist, based herself in Melbourne.  She returned to Holland in early June 2012 and she again returned to Australia in mid-August 2012. 

4In October 2012, when J was aged 21 years, she met you and Peaston, who was your girlfriend at that time.  She accompanied you back to your room at the Rydges Bell City Hotel located in Preston.  She came to your hotel a few more times that week.

5After about a week, you asked if she would be interested in having a threesome with you and later that night Peaston and you participated in consensual sex with her.  Over the following two weeks you and Peaston regularly transported J to and from her work for this purpose.  You regularly provided J with an ice pipe, with the drug ice in it and you all smoked it.

6In early November 2012, J was at the Rydges with you and Peaston.  She and Peaston chatted to each other and smoked amphetamines.  You became violent towards J and Peaston.  You grabbed J's throat and punched her once to the stomach.  This forms part of Charge 14.  This occasion was the first time that you were violent to her.  In the following days J told you and Peaston she wanted to leave and asked to be taken back to her hostel.  You and Peaston often told her that you would take her home but this did not eventuate and J felt she was unable to leave.

7Several weeks after meeting you, you told J that you had killed many people and had never been caught.  You continued to tell J this over the time she was at the hotel.  You told J and Peaston that you had killed many people and that they were going to be your next victims.  You told J that the previous year Peaston had betrayed you and you nearly beat her to death.  J believed that you had previously killed people and was in fear of you.

8In November 2012, you came to believe that Peaston and J were engaging in sexual activity behind your back.  In early November 2012, you left them in your vehicle while you went to collect some drugs.  When you all returned to the hotel room you became angry, you got a large kitchen knife and pushed it against J's throat.  You then used the knife to scratch a cross into J's forehead and said that she belonged to you and was marked for death for betraying you.  You continued to assault her in the hours that followed, grabbing her hair and punching her many times to the stomach, arms and face.  You hit her with the blunt side of the knife on the side of the throat.  This also forms part of Charge 14.

9Again in early November 2012, J was at the Rydges with you and Peaston.  She and Peaston chatted to each other and smoked amphetamines.  You became violent towards J and Peaston.  You grabbed J's throat and punched her once to the stomach.  You made a rule that there was to be no moving, screaming or crying when you beat her.  J was not allowed to look at Peaston and she had to look you in the eyes or at the floor.  Any infractions resulted in more beatings.  Even if J and Peaston were looking downwards you would accuse them of signaling to each other.  You also accused them of using the mirrors in the room to give each other signals.

10In November 2012, you demanded that J participate in sexual activity with you and Peaston.  You grabbed J by the head and pushed her face into a pillow, grabbed at her face and neck.  She told you that it hurt.  You then put your penis into her vagina without her consent.  This was the first charge of rape.

11After this you grabbed J's and Peaston's hair and slammed their heads together, breaking J's nose.  You bit hard on her lip causing it to bleed and bruise.  You also bit her neck with force.  You grabbed J's hair.  You hit her to the face and also on her back and spine.  You stomped on her head, legs, chest and back.  She attempted not to respond but was in pain.  You said that you had killed many people and that she and Peaston had until Christmas to do "good by me" and that they would not see the New Year.  This was part of Charge 14.

12Between November and December 2012, you seated J and Peaston on the floor and proceeded to punch and kick them.  You forced them to lie in a lover's embrace with their eyes closed and took photos.  You said that that is how they would be placed in a grave.  You stated you would cut their throats.  You punched J and choked her while she was on the floor.  This was part of Charge 14.

13Also in November 2012, you told J and Peaston that you were going to kill them.  You bashed them both and pulled hair out of each of them.  You then put them both in a cold shower.  You said that you would drive them to a quiet place like a park and kill them and no-one would ever find them.  You had a black knife with a silver blade.  You cut Peaston with the knife and made two cuts on J's upper left arm, one on her left underarm and one on her stomach.  The injuries were bleeding.  You then stabbed J to the inner left ankle and it streamed with blood.  You place the knife between J and Peaston while they were in the shower and told them to kill each other.  You put the knife to J's throat and told her to hold the knife against her throat otherwise you would slit it.  J complied as she was terrified.  At some point you dragged J out of the shower and punched in the face a number of times.  This forms part of Charge 14.

14The next day she was covered in bruises.  The stab injury was open for a week and she was unable to stand on the foot for two weeks.  You were convinced that J was trying to steal Peaston away from you.  During this period you made J believe that you would kill her family and friends if she did not do what you wanted her to do.  You stated that you were connected to the Mafia and had close connections with the security at Rydges Hotel.  You also told J that you had criminal connections in Holland and around the world and told her that you knew where her parents lived and with one phone call by you, you would get her parents killed.  J believed that if she tried to escape you would kill her family and friends.

15A further episode occurred in November 2012, in which you and Peaston drove J to the Urban Central Budget Hostel in South Melbourne to collect all of J's property, where Peaston drove and J was in the front passenger seat and you sat in the back.  You beat J with your fists, you twisted her arms behind her back and pushed her head onto the console.  You hit her in the face and then got a screwdriver, pulled her by the hair and pushed the tip of the screwdriver hard into the veins of her neck, piercing the skin.  This forms part of Charge 14.

16While in the car, J had to describe her hostel room and explain how the lock worked and upon arriving there she was made to wait in the car while you and Peaston used J's swipe card to access the hostel room and take all of her belongings inside.  You and Peaston told J that all of her things now belonged to you.  From this time J was not permitted access to any of her property, other than the occasional use of her clothing.  That is Charge 2 of theft.

17J was also assaulted by you in the car on the way back to the Rydges Hotel.  She suffered extensive injuries and lacerations from the assaults inflicted on her on this day.  She was unable to see or eat on the following days as her face was badly swollen and bruised.  The left eye was closed for days.  She couldn't open her mouth for a day.  This was part of Charge 14.

18J had three Westpac Bank accounts.  One was a cheque account, one was a short term savings account, the third was a long term savings account.  You made J transfer her money from her two Westpac accounts into her cheque account.  You made her give you her PIN and over the next few weeks withdrew all available funds from the account via an ATM.  J also had two Dutch bank accounts including a credit card and you used the credit card.  J was not allowed access to her money at all.

19In November 2012, shortly following an episode of assault on J, you forced her to give you oral sex.  She was sitting on the floor in front of the bed and you were standing in front of her.  You forced your penis into her mouth despite her difficulties in moving due to the pain she was suffering as a result of injuries sustained during the earlier assault.  Charge 3, rape.

20She had a mobile phone which you did not permit her to use except if you could listen to her conversation.  You also insisted on reading all of her text messages.  As time progressed you did not allow J to make any telephone calls without your permission.  J had to tell you what she was going to say before she called and you were present during the conversations.  You also checked her Facebook.  If people called her on her phone, then she had to tell the caller that everything was all right.  You used the phone charger cable to whip her and Peaston.  You whipped J over her body causing several red marks on her skin.  You then accused her and Peaston of sleeping together behind your back and got a knife.  You put the knife on Peaston's throat and then on J's throat before pointing it deep on J's legs and that assault continued for hours.  That formed part of Charge 14.

21You were obliged to attend court on several occasions and one night before one of these court appearances you forced J and Peaston to have sex with you.  You made them give you oral sex.  You also raped J by putting your penis inside her vagina.  Charge 4.

22On another occasion, before a court appearance by you in the morning, you got a phone recharger cable and began whipping J and Peaston.  You folded the cable over itself and held it one hand while striking J on the back, legs and arms.  The cable made lacerations on J's back that ripped the skin off and bled in two patches.  Her left arm had two stripes running down from the shoulder to the elbow.  The marks were about 5 millimetres wide and were present on her body for a number of days afterwards.  After this beating you said they all needed to get dressed for court.  You got angry with J and used a knife to cut off her clothes from her body.  As you cut through her shirt, jeans and belt, you cut through the skin on her legs.  You then forced J and Peaston into the shower and made them sit on the floor.  You slammed J's head against a wall a number of times causing bleeding.  As you showered, you forced J to keep her mouth open and look at you as you washed yourself and you then urinated on her.  This forms part of Charge 14.

23In November 2012, you held a vacuum cleaner pipe and sat in front of J.  You placed the pipe against her neck with both hands and commenced pushing down on it preventing her from breathing.  You threatened her that is she moved you would choke her.  You then hit her on the head and legs with the pole causing large bruising, swelling and pain.  That was also Charge 14.

24In November 2012, you raped J by putting your penis into her vagina.  That was Charge 5.

25You also had sex with Peaston.  You were all on the bed.  You became angry and you banged J's and Peaston's heads together and punched them both in the face and at one point J fell unconscious.  You subsequently grabbed her throat and said "I'm going to kill you now."  J was unable to breathe and felt like she was going to faint.  She started kicking and struggling and you released your grip.  This forms part of Charge 14.

26You then forced J to lay on the edge of the bed on her back with her knees up.  You told her that she was "a worthless pieces of shit" and Peaston agreed.  You told J that she had previously hurt Peaston when she and Peaston had sex together, that you wanted Peaston to do now the same to J.  You asked Peaston to get a vibrator and put it in J's anus.  Peaston grabbed a pink vibrator and pushed it into J's anus and roughly moved it around.  J was in pain.  Her anus began to bleed and a towel was then placed underneath her to absorb the blood.  This was Charge 5, rape.

27You hit J in the face and made her turn to face you.  J was on her knees on the bed.  You were standing next to it.  Peaston was still penetrating her anus with the vibrator and you grabbed J's hair and put your penis in her mouth.  This forms part of the rape, Charge 5.

28You then asked Peaston to give you a banana which you inserted into J's vagina.  This also forms part of Charge 5.

29In December 2012, you told J and Peaston that they had to tell you everything that happened between them, otherwise you would kill them.  That is Charge 6, threat to kill.

30On Peaston's birthday, in December 2012, you told her that she could do what she wanted and asked her where she wanted to put J.  Peaston replied "Just put it over there."  J then was kept in the shower for a day and slept.  You had previously told J that 5 December was the day that you wanted to know everything that had happened between her and Peaston and that she had to tell the truth to you or you would kill them both.  You were sitting on a chair in front of the bed.  Peaston was sitting on another chair and J was sitting on the bed.  You hit Peaston and punched J in the face and kicked Peaston off her chair.  You forced J's head on to the seat of a chair, got a knife and pressed it into her throat, threatening that you would kill her if she did not speak. 
J begged you to stop, however you continued to beat her with your fists.  You also struck her with the blunt side of the knife.  You used a wooden stick with prongs and struck her on the body and head causing bruising and lacerations.  She began bleeding from the back of the head and ear and you moved her into the shower.  Peaston was also put in the shower by you.  In the shower you continued to hit J and further threatened her with the knife, stating you were going to kill her.  You beat her for some time.  You then got J out of the shower to do some chores.  J was sitting on the floor in the hotel room drying dishes when you hit her on the legs and head with the vacuum cleaner pipe.  She lost consciousness.  That forms part of Charge 14.

31You put her in the shower and put the cold water on her.  You then gave her Valium tablets and she slept in the shower for two days.

32Towards the end of the period of offending you called J your "little slut" and your "personal slave."  You wanted her to repeat these phrases to you.  You told both J and Peaston that they were going to die on New Year's Eve because of the demons possessing you and that you would kill them both before you died.  For the last three to four weeks you and Peaston would not allow J on the bed any more and the shower was J's bedroom and you became more and more violent towards her.

33There were seven or eight working cameras in the hotel room, including two cameras in the shower area.  One was in the air conditioner.  The cameras recorded sexual and other acts by all of you.  You replayed the footage on several occasions to show J that the cameras were working.  Towards the end of the period of offending when J was effectively confined to the shower, she was not allowed to put her clothes on and she was too scared to do so when you and Peaston were asleep, in case you replayed the camera footage and saw what she had done.

34In December 2012, J was sitting naked on the bed when you grabbed her by the hair and punched her in the face.  She tried to protect her head.  You used a jet lighter to burn some of her hair.  J said that she was sorry but you told her to "shut up you fucking maggot."  You then punched her again in the face.  You wore large rings on your fingers and caused a gash on J's forehead.  This forms part of Charge 14.  After assaulting her, you again put her in the shower where she slept naked on the floor.

35In December 2012, you threw some clothes into the shower and told J to get dressed and do some chores.  As she sat facing the wall in the hotel room and drying the dishes, you hit her with a wooden dough roller on the leg and kicker her in the ribs, head and stomach.  She tried to protect herself which only made you angrier.  You continued to beat her.  You then threw her in the shower.  She received bruises and a lump on the right leg.  About two hours later you entered the shower and told J not to upset you and to "just shut up."  This forms part of Charge 14.

36Later that same day, you placed a blindfold on her head so she could not see.  There were no holes in the blindfold.  You then put what J perceived to be a dog collar on her neck.  You attached a leash to the item around her neck and pulled her by the hair whilst forcing her to crawl on her hands and knees, following you around the room like a dog.  You told her that if she felt that Peaston touched her or was sending messages to him , that she had to bark.  You told Peaston that you had a little doggy that was going to perform oral sex on you and you then forced your penis into her mouth as she followed you around.  This was Charge 7.

37You then bound her with her arms up tied behind her back.  You dragged her partly onto the bed using the ribbon perceived by J to be a dog collar, got behind her and forced your penis into her vagina.  You became angry.  You grabbed J by the hair and dragged her around.  She begged you to stop and to redo the ties on her head so that you would then know that she was unable to see out and therefore not be able to look at Peaston.  You retied J's head and arms, wrapping them tighter and adding a black plastic bag over the ties on her head.  You made a small hole in the bag for her mouth.  You tied her hands high up behind her back.  You then dragged J onto the bed again and forced your penis inside her mouth.  J was gasping for air and you hit her and forcefully squeezed her head between your legs and you then left her on the bed for about an hour.  This was all part of Charge 7.

38You returned and accused her of trying to untie herself.  You kicked her several times in the back and untied her before again hitting and kicking her in the head and body.  You used a metal meat tenderizer.  You hit J three or four times in the chest with it and hit her repeatedly on the spine, shoulders and legs and she felt pain from each hit and spent the night in the shower.  This was part of Charge 14.

39On one occasion in November 2012, Peaston put a plate with two slices of bread and lettuce outside the shower on the floor.  You then watched J eat, but before she had finished the food you demanded oral sex.  She went into the room and performed oral sex on you for about 20 minutes.  You became angry and hit her on the head, back, ribs and chest with your fists, causing swelling and bruising.  These were Charge 8 of rape and part of Charge 14.

40On one afternoon in December 2012, J was doing chores in the communal kitchen, which was on the third floor.  She was very hungry and quickly ate some food from the fridge.  You entered the kitchen and caught her eating, took her back to the hotel room, where you kicked her in the ribs and head. 
A friend of yours was present during this assault and you told him that J was conspiring to run away with Peaston.  You stood over her and continued kicking her hard in the ribs before you threw her in the shower.  After an hour or so you went to the toilet.  It was your practice to take a shower after using the toilet.  You entered the shower and told J to undress and have a shower with you.  When in the shower, you slammed her head and body against the wall and roughly inserted your penis inside her vagina.  Charge 9.  You then kicked her to the floor and pulled her up again, forcing your penis inside her mouth.  Charge 9.

41You moved her into a number of positions and tried to force your penis inside her anus.  You were unable to penetrate her anus with your penis, so you grabbed a large blue vibrator and forced it inside her anus roughly, moving it in and out before removing it and again trying to insert your penis.  Part of Charge 9.

42Later that day, you got J out of the shower and forced her to put your penis inside her mouth.  Charge 10. 

43Peaston was also giving you oral sex at this time.  One of your rules was that you did not allow J and Peaston to look at or touch each other whilst they gave you oral sex.  They were often asked to perform oral sex on you simultaneously.  J believed she may have accidentally touched Peaston at this time.  You asked Peaston if J had touched you.  She replied "Yes."  Peaston jumped up and grabbed J by the hair and hit her to the head and back.  You kicked J while this was occurring and told J that she was "a fucking maggot that deserved to die, that it was better to slit her throat."  You kicked her in the face.  J's nose then started bleeding and you and Peaston returned her to the shower where she spent the night.  This forms part of Charge 14.

44In late December, you also made a telephone call in front of J and spoke a mixture of English and Italian to the person at the other end.  J can understand some Italian.  You supplied the full names and addresses of J's parents in Holland.  When you ended the call you told J that you had people in Holland who could locate her parents within two hours and so with the next phone call by you, your people would be able to kill her parents immediately.  Charge 11.

45In December 2012, you and Peaston took J out shopping with you.  At one point the two women were left alone in the car.  Upon returning to the hotel room at Preston, you became angry and accused J and Peaston of planning another night together.  J was in fear that you would kill her.  You hit her in the face and in the ribs causing her to fall the floor.  You kicked her repeatedly when she tried to sit up and told Peaston to get on the floor.  Both were kneeling.  You hit Peaston and hit J to the head.  You told them both that they were "maggots" and deserved to die.  Peaston got up and punched J several times in the face and to her neck, back and spine.  She also grabbed J's hair and dragged her while punching and kicking her.  This forms part of Charge 14.

46Later that evening you told J such things as "The killing has begun.  Your death is certain.  I will hurt you so bad that you will need life support for weeks and when you are better I will start all over again.  I will peel all your skin off with a knife and cut off all your fingers and toes if you, stupid girl, defy me."  Charge 12, threat to inflict serious injury.

47You then performed a ritual  on J.  You cut her photo out of her old passport and put it in an envelope.  You told her to cut her own fingernails and toenails.  When J was cutting her toenails, you told her to hurry up or you’d put the whole toe in instead.  You cut a piece of her hair.  These items were placed in the envelope.  You struck J with your fists and made her spit blood from her mouth into the envelope.  Peaston then passed you a lit candle and you used the wax to seal the envelope and poured and flicked hot wax over J.  You told her that the ritual was to symbolise that her being was no more and that all that would remain of her would be the contents of the envelope.  During this ritual, you threatened J with a knife as well as hitting her multiple times with your fists.  You put a knife to her throat and cut through the skin on her cheekbone causing her to bleed.  You then made J suck your penis at the same time as Peaston, during which you grabbed J's hair and pushed her towards Peaston.  Rape, Charge 13.

48After this ritual, J ended up seated on the floor in the shower with her back against the wall.  You got a knife and forced J to open her legs and you put the knife inside her vagina.  She was terrified.  She watched as you put the knife approximately 2 centimetres inside her.  She felt the sharp edge inside her vagina.  Part of Charge 13.

49There is footage of this episode and it shows J and Peaston performing oral sex on you and you then kicking J to the head, punching her and striking her with a knife.  It also shows you cutting her hair and blowing candle wax on her while she was on the bathroom floor.

50In the early hours of 25 December 2012, you and Peaston fell asleep on the bed and J was in the shower.  J believed that she would be killed when you woke up.  She obtained a knife and struck you to the right shoulder while you were asleep.  You woke up and you began to review the web cam recording which you had set up.  J immediately began to cut her arms and her throat with a knife.  When you realised what she was doing, the two of you, you and Peaston panicked and contacted 000.  J tried to get as much blood from her own body as she could and pleaded to be let die.  You had a small laceration to your upper right shoulder area. 

51When police arrived, J was naked and covered in blood and crouched down on the floor holding a large knife.  Ambulance officers also attended.  They assisted you and J and J was then arrested.  Once inside the ambulance she thanked ambulance officers saying, "I'm safe.  Thank you for saving me."  She then gave the ambulance officers an explanation of what she had endured for the last six weeks.

52Later that day you made a statement to police.  You told them J was a troublemaker who was jealous of your relationship with Peaston, that you never hit or struck her.  Also that day J underwent urgent surgery to repair a laceration to her neck and tendon damage to her wrists.  She also suffered from a left pneumothorax.

53The following day, a doctor noted J had 54 separate injuries to her head, neck, back, buttocks, chest, abdomen, each arm and each leg.  These injuries included bruising, abrasions, linear bruises and scans suggested a fracture of the nose

54On 26 December 2012, you were interviewed by police and you told them that J was in infatuated with Peaston, was very jealous when you and Peaston had sex and that J had drugged you.  You denied penetrating her with your penis and that the injuries to J was a result of the sexual activities between her and Peaston.  You agreed some injuries were caused by you but you denied the use of a weapon.  You also denied being violent when having sex with her.

55On 8 February 2013, police executed a search warrant on two rooms you had occupied at the hotel complex.  You were again interviewed that day.  Amongst other allegations that you made, you told police that you had been regularly drugged by J that you had video recorded from early November because you were suspicious, that J chose to sleep in the shower and that she came and went from the hotel room as she pleased. 

56You and Peaston were both present in Room 362 when police arrived.  Photographs were taken of the room and the substances located there.  A number of items were located and later analysed.  These are set out in the schedule contained in the prosecution summary and exhibited upon the plea.

57Charge 1 of the drug indictment relates to 7.1 grams of cannabis found.

58Charge 2 relates to the substances located, weighing 6.5 grams, which contained methylamphetamine.

59In relation to the victim, she provided the court with a victim impact statement, which was written and read out by her to the court.  The statement and her reading of it brought important matters before the court which were presented in an impressive, measured and articulate way. 

60It is clear that the appalling treatment which you meted out to her has had a significant traumatic impact on her physical integrity and health, her psychological health, her social life, her academic and vocational prospects, financial aspects of her life and her general outlook for the future.  She is hyper vigilant, easily dissociates from situations she perceives as dangerous or difficult, she is anxious and experiencing depression.  She is often assailed by triggering events and memories which leave her barely able to function, leaving her as a reclusive and frightened individual. 

61She particularly commented on the anger, rage and disgust she feels which is destructive of any positive life experience.  Her relationships have been blighted and she has suffered loss of friendships.  This experience has forced her to leave behind not just the small town she came from but also family and friends.  The educational opportunities she sought in this country have been replaced by the need for ongoing treatment.  She has post-traumatic stress disorder and an emotion regulation disorder.  She has ongoing issues with her arm, which was damaged in order to affect her escape from your clutches. 

62The injuries you inflicted on her also remain painful.  The many scars she has are a sad reminder of your abhorrent criminal conduct.  The scars make it difficult for her to work in hospitality.  Some of her favourite pastimes are now denied her.  She does not go out at night and is fearful of being alone.  I take her statement into account.

63It is difficult to imagine the terror experienced by J on an ongoing basis during the offending period.  The images and recordings, which it has been my unfortunate duty to view, and made by you of some of these events, are harrowing evidence of the inhumane and cruel subjugation to which you subjected J, by force.  This is vile and repulsive behaviour which dehumanised your victim, rendered her little more than an object to serve your depravity and sexual gratification, an object to use and abuse at your will with complete disregard for her rights, her physical integrity and her humanity.

64The court must denounce such wanton criminality in the strongest possible terms, in ways which satisfy the needs for the deterrence of you as an individual from such offending, deterrence of those like-minded who would offend in this way and the protection of the community. 

65In my view the circumstances of the offending in the first indictment indicate a high degree of criminality and moral culpability, making the rapes and the infliction of serious injury intentionally grave examples of these offences.  You created an environment of fear and subjugation, bizarre and violent rules of behaviour so far removed from community standards which were imposed by force or threat of force in order to impose your will in what can properly be described as akin to torture over a protracted period.

66Rape carries a maximum penalty of 25 years and intentionally causing injury 20 years.  By these maxima the law emphasises that these are serious offences.  Charges 1, 3, 8 and 10 of rape are constituted by single acts and remain serious offending.  Charges 4, 5, 7, 9 and 13 are said to have been composite charges,that is a composite charge made up of penetrative conduct in effect involving multiple acts and ultimately representing criminality of a high order.

67The threat to kill charges and causing serious injury charge in the context in which they occurred, are similarly serious example of multiple acts committed on the victim.

68The intentionally causing injury count, Charge 14, is a rolled up count in effect, constituted by the sustained and regular violence inflicted on J over the relevant period.  By agreement this was treated as a single offence with a
20 year maximum.

69The offending involving, as it does, rape, serious violence and serious injury, including rape by knife must be viewed in the worst category likely to be dealt with by the court.  Yours was a brutality which transgressed all community standards.  The victim was in constant pain, lost consciousness, was often already injured when further violence was inflicted on her.  She was degraded and humiliated, as is made clear by the footage.  I agree with the prosecution that the theft of her personal items was designed by you to make more difficult meaningful contact with her family or outside help.

70In my view there are aggravating circumstances to be considered.  The use of weapons, including a screwdriver, a meat tenderiser, a vacuum cleaner pole, phone cable and a knife used on the rape victim to rape her vaginally as well as to cut a cross across her forehead, as well as being used for holding to her throat. 

71The victim was clearly a vulnerable 21 year old tourist with no close family or friendship ties here.  A number of the events involved your girlfriend, Peaston.  She was an obliging and scared accomplice but an agent who acted under significant duress.  I have dealt with her previously.

72J was routinely humiliated and degraded, made to sleep in the shower, penetrated by household items, filmed while naked and performing sexual acts, made to bark like a dog while bound and blindfolded, urinated on in the shower and denied nutrition.  The duration and gravity of the offending not only reflects a measure of premeditation, but a clear understanding of the nature of the acts performed and an insidious persistence in the infliction of pain.  Although the ice pipe seen in the footage provides one factor in the attempt to provide an explanation for the offending, in my view there is no reduction in moral culpability because the offending was ongoing, intentional and sustained.

73In my view some measure of cumulation should reflect the discrete nature of each count.  In this context the totality principle must be scrupulously applied in order to arrive at an appropriate disposition, reflective of all sentencing principles as well as the aspects of retribution in the sentence.

74You are to be sentenced as a serious sexual offender from the third count following upon conviction for the first two sexual offences.  Therefore I sentence you as such for Charges 3, 5, 7-10 and 13.  As to these counts, the protection of the community is the principal sentencing principle.  However, the prosecution did not seek a disproportionate sentence in relation to this status.  In this context the totality principle I previously mentioned in these circumstances remains relevant, however it must have a lesser scope than usual.

75You shall also be subject to the operation of the Sex Offender Registration Act.  I have considered s.11 of the Act and the classification of the relevant offences in Schedule 3 of that Act. 

76I have also considered s.34 of the Act and find that you pose a risk to the sexual safety of one or more persons or of the community and that gives rise to a discretion to impose a period of registration for life.  This life period gives rise to onerous ongoing obligations upon your release, which will regulate most aspects of your life and which will require strict compliance.  Although this does not form part of my sentence, the time frame of the obligations to which this registration will give rise is at my discretion and I will impose this regime upon you for life.

77You pleaded to the violence indictment on 19 January 2015.  The committal hearing had been heard in December 2013 and your plea offer was made in December 2014.  It was accepted soon after.  The prosecution submitted it did not accept your plea as indicative of genuine remorse, but it conceded that a discount was appropriate to reflect the facilitation of the course of justice and its utilitarian value in the avoidance of a trial and further trauma to the victim.

78I agree with these propositions, particularly given the evidence which would have been required to be given by J.  I also agree that the timing of your plea and the contents and tenor of your record of interview reflect  denials and lack of insight.  While in the first interview you accept that some of the injuries were the result of you striking J, you denied the use of a weapon and denied violence when having sex.  In the second interview you continued with your denials.

79Your demeanour in court, you answers to police and even the contents of a report submitted on your behalf by a psychiatrist, all attest in my view to the superficiality of your remorse.  Such a quality attaching to a plea is often difficult to determine, but in your case it appears to be very slight indeed. 

80It was put by your counsel that you accept the way in which the prosecution has set out the offences and that you felt shame.  It was further submitted that the pervasive use of ice by you meant that your mental state was compromised so that you now have little memory or understanding of your behaviour.  Neither of those later matters, your lack of memory, or your lack of understanding is of significant relevance.  Your drug taking does not carry mitigatory value.  Your mental state may have been altered, certainly into levels of paranoia, and this may have led to some unusual behaviour interspersed with clear moments of clarity and lucidity.  These matters do not ameliorate your moral culpability.  However, your pleas of guilty entitle you to a discount according to law which I will announce at the end of the sentence.

81You have a prior criminal history.  In 2003, you were fined for recklessly causing injury.  In 2004, you were fined for a driving charge and for offensive behaviour.  After a six year gap, in 2010 you were fined for possessing a weapon and similarly, again, in 2011.  In 2012, you were convicted for possession of a weapon as well as drugs, namely ecstasy, LSD and methylamphetamine.  Since 2008, you have been addicted to ice and the 2003 matter concerning violence arose out of road rage incident where you used a bat on another motorist without serious injury.  Relatively speaking your record is limited, particularly as to violence or sexual offending.  You do have a subsequent matter of dishonesty about which I was properly informed. 

82Beyond acknowledging that there are some positive protective aspects potentially in your background, the seriousness of the offending must render any assessment of your prospects of rehabilitation, primarily dependent on the lack of drug use on your part impacting on your behaviour in the future.  This prospect based on your background must be guarded, although the period in reclusion will hopefully practically ensure you remain drug-free into the future. 

83This will be the first time in protracted custody.  You are reasonably well educated and you retain a reasonable relationship with your children, but in the context of your offending these factors alone do not necessarily improve your prospects of rehabilitation.

84You are now 47 years old.  You came to Australia from Italy when aged one.  Your father is alive but is practically estranged from you and has chosen not to visit you.  You have two younger brothers who also did not visit you.  You have two adult sons and a younger daughter.  Your sons have visited you.  They are the children of your 20 year marriage to your ex-wife.

85You attended school to VCE with no behavioural problems.  Upon leaving school you worked as a steel fixer but you were injured when an oxyacetylene bottle exploded in your face causing serious burns.  The subsequent hospitalisation and consequent disability that followed meant that you found it difficult to obtain steady and long term employment.  You tried to return to work but you experienced problems with concentration, anxiety and depression.  By 2007 you had lost a business, your marriage, your home and drug use became frequent.  Your lifestyle became transient and ultimately you ended up at Rydges for long term accommodation.

86Part of the pain management regime as a result of your injury ultimately appears to have led to self-medication by illicit drugs from age 18.  You were treated for post-traumatic stress disorder.  I note that while in custody you are currently medicated on antidepressants and antipsychotic medication. 

87After initial short stints at the custody centre and assessment prison, you were placed in protection at the remand centre.  You are said to have been assaulted in prison.  There is some prospect that you may have to be in protection for some period of time, at least initially.  You are now at Port Phillip Prison.  You have completed drug and alcohol courses and another about dealing with depression in custody.  You work in the industries as a metal press operator and I take all of those factors into account.

88I take into account the contents of the report of Dr Deakin, a consultant psychiatrist, dated 24 March 2015.  The experienced practitioner is of the opinion that your lack of recollection of the offences relates to a blend of denial, suppression and shame. 

89Since 1992, you are in receipt of a disability support pension due to the 1986 industrial accident I have described.  Your history of the injury and its sequelae include problems with short term memory.  You reported to Dr Deakin amphetamine use for over 25 years on a daily basis.  You attempted suicide after the accident and was prescribed medication by a psychiatrist who treated you over a five year period, but you have not felt suicidal since.

90You told Dr Deakin you considered all the sexual acts to have been consensual and could not recall any physically violent offences.  He opined that you probably suffered a mild acquired brain injury in the ‘86 accident.  As to the offending, Dr Deakin confirms your false perceptions paranoia and purported amnesia of the offences which appeared to him "to be disingenuous," product of denial and suppression and unexplained by your memory impairment.

91Dr Deakin reported that you heard voices from time to time linked to the victim and he commented on the medication you had been prescribed.  The voices heard are related by Dr Deakin to an actualisation of your conscience rather than a psychotic disorder.  He said you superficially expressed remorse and in his opinion you are likely to continue to manage your reclusion reasonably well.

92During the course of the plea I was referred to a number of authorities which I have read and considered amongst others.  In my view, this offending must be met with punishment at the higher level of the penalties available and result in significant periods of imprisonment. 

93You have spent 836 days since your arrest in custody and these days will be noted in the records of the court as pre-sentence detention excluding today. 

94I have today signed disposal orders pursuant to s.70 of the Confiscations Act in the draft form which were handed to me on the assumption that they were agreed to.  I will be informed if that is not the case.

95On Charge 13, you are convicted and sentenced to eight years' imprisonment.  That is the base sentence.

96On the remaining counts of rape, Charges 1, 3, 4, 5, 7, 8, 9 and 10, you are convicted and sentenced to eight years' imprisonment for each.

97On Charge 6, of threat to kill, you are convicted and sentenced to three years' imprisonment.

98On Charge 11, threat to kill, you are convicted and sentenced to three years' imprisonment.

99On Charge 12, threat to inflict serious injury, you are convicted and sentenced to 18 months' imprisonment.

100On Charge 14, intentionally causing serious injury, you are convicted and sentenced to nine years' imprisonment.

101I order that six months on each of the sentences on Charges 1, 3, 4, 5, 7, 8, 9 and 10 be served cumulatively on each other and on Charge 13.

102I order that six months on Charges 6 and 11 be served cumulatively on Charge 13 and on other cumulated sentences.

103I order that three months on Charges 2 and 12 be served cumulatively on Charge 13 and on each other.

104I order that three and a half years on the sentence on Charge 14 be served cumulatively on Charge 13 and cumulatively on the other cumulated periods.

105Three and a half years on the sentence on Charge 14 to be served cumulatively on Charge 13 and cumulatively on the other cumulated periods.

106That is a total effective sentence of 17 years.  I order a non-parole period of 13 years.  But for your plea of guilty, I would have sentenced you to 18 and a half years with a non-parole period of 14 and a half years.

107I have omitted to bring down with me, Ms Rogers, the actual orders.  They were disposal orders, I think.

108MS ROGERS:  Yes, I have got a ‑ ‑ ‑

109HIS HONOUR:  I will have my associate bring them down.

110MS ROGERS:  I have a copy here, Your Honour.

111HIS HONOUR:  I will sign those.

112MS ROGERS:  Yes, Your Honour.  Your Honour, can I just ask about
Charge 2?

113HIS HONOUR:  Yes.

114MS ROGERS:  About the sentence that was imposed, I did not ‑ ‑ ‑

115HIS HONOUR:  Yes.

116MS ROGERS:  Sorry, on the drugs indictment.

117HIS HONOUR:  Yes, yes.

118MS ROGERS:  You have not done that yet?

119HIS HONOUR:  No, not yet.

120MS ROGERS:  Yes, sorry.  Your Honour, I am sorry, the first indictment that you have just dealt with.

121HIS HONOUR:  Yes.

122MS ROGERS:  We did not get a sentence on Charge 2.

123HIS HONOUR:  That is a charge, just remind me of that charge?

124MS ROGERS:  Theft.

125HIS HONOUR:  Of theft, yes.

126MR CHADWICK:  Yes, a theft charge.

127HIS HONOUR:  Yes.

128MR CHADWICK:  I sorry, yes, that is right.

129HIS HONOUR:  That is the theft charge.

130MS ROGERS:  Yes.

131MR CHADWICK:  Yes, the theft charge.

132HIS HONOUR:  Yes.

133MS ROGERS:  None of us picked up on that particular ‑ ‑ ‑

134HIS HONOUR:  No, that is fine.  Just bear with me for a moment.

135HIS HONOUR:  Sure.

136MR CHADWICK:  Yes.

137HIS HONOUR:  I think I omitted it because I intend it to be concurrent.

138On that charge, there will be conviction and sentence for nine months concurrent.

139I will deal with the second indictment in a moment.

140(Sex offender registration signed and acknowledged.)

141(Disposal orders signed and acknowledged.)

142I also intend that the possession charges on the drug indictment be concurrent with the sentence I have just imposed.  They are six months on each of Charges 1 and 2 for those possession charges.

143Does that cover both indictments now, Ms Rogers?

144MS ROGERS:  Your Honour, I am just a little bit concerned about what Your Honour said in relation to Charge 2 for the first indictment.  When Your Honour was first passing sentencing ‑ ‑ ‑

145HIS HONOUR:  The theft charge, yes.

146MS ROGERS:  Your Honour indicated either two or three months was to be cumulative for Charge 2.

147HIS HONOUR:  Just hang on for a moment.  Yes, I am sorry.  I am sorry, I should repeat that.  I did order that three months on Charge 2 be cumulative, yes.

148MR CHADWICK:  Cumulative.  That is correct, Your Honour.

149HIS HONOUR:  Out of that nine months.

150MS ROGERS:  Thank you.

151HIS HONOUR:  Yes, that is correct.

152MR CHADWICK:  So three months of two and 12.

153HIS HONOUR:  Correct.

154MR CHADWICK:  Yes.  Thank you, Your Honour, I have got that.

155HIS HONOUR:  Yes.

156MR CHADWICK:  Excuse us, Your Honour.

157HIS HONOUR:  Do the rest of the numbers add up, I think they do?

158MS ROGERS:  Yes, Your Honour.

159MR CHADWICK:  We did law because we could not do maths, Your Honour.

160HIS HONOUR:  I can go through it again if you wish, but essentially eight years have been conviction and sentence for each, in the sense of the rape charges.

161MR CHADWICK:  Yes.

162HIS HONOUR:  The base count is Charge 13.

163MR CHADWICK:  Correct.

164HIS HONOUR:  I have then cumulated six months on each of those sentences to Charge 13.

165MR CHADWICK:  Yes.

166HIS HONOUR:  I have ordered three years on Charges 6 and 11.

167And 18 months on Charge 12.

168And nine years on Charge 14. 

169I have cumulated six months on Charges 6 and 11. 

170I have cumulated three months on Charges 2 and 12.

171I have cumulated three and a half years on Charge 14 to the other charges, making a total effective sentence of 17 years with a non-parole period fixed as 13.

172MR CHADWICK:  That accords with my maths.

173HIS HONOUR:  Yes.  In relation to the drug indictment, I order conviction and sentence of six months for each of those concurrent.

174MR CHADWICK:  Concurrent?

175HIS HONOUR:  Yes.

176MR CHADWICK:  If Your Honour pleases.

177HIS HONOUR:  I will hand back the disposal order which I have signed.  Yes.  You can remove Mr Granata.

178Are there any other matters, Ms Rogers?

179MS ROGERS:  No, Your Honour.

180HIS HONOUR:  Thank you.  Thank you, Mr Chadwick.  Sine die.

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