Director of Public Prosecutions v Hare

[2025] VCC 1657

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISIDICTION

Revised

Not Restricted

Suitable for Publication

CR 24-020171

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTOPHER HARE

---

JUDGE:	HIS HONOUR JUDGE HOLDING
WHERE HELD:	Melbourne
DATE OF HEARING:	1 October 2025
DATE OF SENTENCE:	12 November 2025
CASE MAY BE CITED AS:	DPP v Hare
MEDIUM NEUTRAL CITATION:	[2025] VCC 1657

REASONS FOR SENTENCE

---

Subject:CRIMINAL LAW - SENTENCE

Catchwords:              Plea – Sexual assault of child aged 16 or 17 under care, supervision or authority – Sexual penetration of a child aged 16 or 17 under care, supervision or authority – Rolled up charges on basis of type of sexual act –  Employer/employee relationship – Breach of trust  –– Offending spanning six months – Plea entered day of special hearing  ––  Good prospects of rehabilitation – No criminal history– Limited remorse –  Verdins not engaged –  Serious sexual offender.

Legislation Cited:      Sentencing Act 1991

Cases Cited:DPP v Eccles [2025] VCC 840; Szeto v The Queen (2012) 36 VR 47; DPP v Lumsden [2023] VCC 212; DPP v Partington [2017] VCC 1540; DPP v Dillon (a pseudonym) [2025] VSCA 266.

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore	Office of Public Prosecutions
For the Accused	Ms S. Gillahan	Victoria Legal Aid

HIS HONOUR: 

1Christopher HARE, on 29 July 2025 you were arraigned and pleaded guilty to the following four charges:

·   Charge 1, a rolled-up charge of sexual assault of a child aged 16 or 17 who was under your care, supervision or authority;

·   Charge 2, 3 and 4, each being a rolled-up charge of sexual penetration of a 16 or 17-year-old-child under your care, supervision or authority. 

2Charge 1 carries a maximum penalty of five years' imprisonment and Charges 2, 3 and 4 each carry a maximum penalty of 10 years' imprisonment.

3A very detailed prosecution opening described the circumstances of your offending and arrest.  Your counsel indicated the summary was an agreed document.

Context and background to the offending

4Your offending was all committed against Charlotte Calloway[1] over approximately six months between 1 August 2023 and 31 January 2024.  During this period you were the proprietor of a business called Main Street Cafe[2] in rural Victoria that I will refer to as ‘the café’.

[1] A pseudonym.

[2] A pseudonym.

5Ms Calloway commenced work at the café in February 2023.  Your son had attended the same school as Ms Calloway and you met her through mutual friends.  She was 16 years old when she commenced work at the café.  She turned 17 in August 2023.  You were 50 years old during the period of your offending.

6When you were interviewed by police regarding your offending, you described Ms Calloway as presenting as very shy, retiring and hardly speaking.[3] 

[3] Paragraph 120(d) prosecution opening.

7Throughout the period of the offending Ms Calloway was employed by you and was under your supervision and or/authority.[4]

[4] It was agreed between the parties that, although an element of the offending involves the victim being under the 'care, supervision or authority of the offender', it was not suggested that 'care' was an appropriate descriptor of the relevant relationship in this case.

Circumstances of the offending

8Charge 1 encompasses six instances of offending.  The particulars are:

·   On four occasions you caused Ms Calloway to masturbate your penis between 1 August 2023 and 21 August 2023;

·   On one occasion on 21 August 2023 you caused Ms Calloway to grab your penis over the top of your pants ; and

·   On one occasion also on 21 August 2023, you grabbed Ms Calloway's breasts.

9Charge 2 encompasses three instances of digital penetration of Ms Calloway’s vagina between 10 August 2023 and 31 January 2024.  The particulars are:

·   On one occasion this occurred inside your car when you were driving Ms Calloway home for the first time;

·   On one occasion outside your motor vehicle whilst driving Ms Calloway home from work for the first time;

·   On one occasion in the café kitchen while Ms Calloway was making shortbread.

10Charge 3 encompasses five instances between 1 August 2023 and 31 January 2024 when you sexually penetrated Ms Calloway by introducing your penis into her mouth.  The particulars are:

·   On two occasions in the café storeroom;

·   On one occasion at the beach after penetrating Ms Calloway’s vagina with your penis;

·   On one occasion whilst driving Ms Calloway home from work and you parked your car;

·   On one occasion in the café kitchen in between the fridge and deep fryer.

11Charge 4 encompasses two instances of you sexually penetrating Ms Calloway by introducing your penis into her vagina between 21 August 23 and 31 December 23.

·   On one occasion at Thompsons beach after instructing Ms Calloway to lean over a park bench and pull her pants down;

·   On one occasion in the café storeroom, after applying a condom to your penis.

12Leading up to your offending you engaged in sexualised conversation with Ms Calloway both in the form of direct verbal communication and via text messaging.  While this commenced as sexualised comments made in the workplace, it progressed.  You created a scenario described as the 'question game' where you asked inappropriate questions of a sexual nature to Ms Calloway. You made the rules of the game and told Ms Calloway the questions in the game had to be 'interesting', meaning her questions had to be sexual in nature.

13You and the complainant regularly engaged in this game, speaking in the third person and using code words to disguise the explicitly sexual nature of the conversation.  For example, you used the symbol '10' as a code word for a ‘blow job’, meaning penile oral sex.

14You slowly introduced the complainant to varying sex acts by reference to each stage as 'part 1', 'part 2' or the 'the full thing'.

15After the alleged offending was reported to police, the subsequent investigation recovered a series of text messages of a flirtatious nature between you and Ms Calloway. 

16In one message exchange you and the complainant both expressed love for each other and the possibility of attending the storeroom to engage in sexual acts together.

17As the complainant became more comfortable, you also became more brazen.  You took the complainant into the office on the pretence that you were 'doing inventory' or 'cleaning the storeroom' and as part of the ‘question game’ you dared Ms Calloway to lift her shirt and bra and show you her breasts.  This conduct does not form any part of the charges but is indicative of how you encouraged Ms Calloway to sexually interact with you. 

18The offending commenced in August 2023.

19On 10 August 2023 Ms Calloway worked the evening shift in the café and you drove her home, a drive of approximately 40 minutes.  While driving, you continually asked Ms Calloway if she was going to do anything.  You told the complainant 'the ball was in her park' and that it was her choice.  You disguised your encouragement of Ms Calloway to engage with you sexually by creating a scenario where it appeared she was the one to initiate the sexual contact.

20You engaged in this type of challenge to Ms Calloway repeatedly as you drove her home.  You would pass a location on the way home and then tell the complainant, 'Oh, you missed one of your chances'. 

21At one point on 10 August 2023, you stopped the car and said, 'You're running out of time’, ‘this is your last chance’, and ‘are you gonna do something?'  When Ms Calloway failed to act, you reached over and put your hand down her pants and penetrated her vagina with your finger, part of Charge 2.  Ms Calloway then reached across and started masturbating your penis over your pants, part of Charge 1.

22After about five minutes you suggested getting out of the car.  Once you were both out of the car you pulled down your pants and the complainant masturbated you until you ejaculated, part of Charge 1.  You also again placed your fingers inside the complainant's vagina, part of Charge 2.

23The third instance of digital penetration occurred on a separate occasion between 21 August 2023 and 31 January 2024 when the complainant was making shortbread in the café.  You put your hand down her pants and told her you wanted to see how long it would take her to distract her from her work.  On that occasion you penetrated her vagina with your fingers for approximately two to three minutes, part of Charge 2.

24On 13 August 2023 there was an arrangement for you to drive the complainant to her neighbour's house after work.  In the car on the way you both started playing the 'question game'.  The complainant reached over and undid your belt, and you undid your pants and exposed your penis.  The complainant then masturbated you, part of Charge 1.  You told the complainant she did not have to be so gentle.  You pulled the car over and the masturbation of you continued for several minutes.

25Between 1 August 2023 and 21 August 2023, you and the complainant were at work together making shortbread in the kitchen.  As you both weighed out dough you told the complainant that you would play 'the dough game'.  This game involved you guessing the weight of some dough and if you got within 75 grams your reward would involve the complainant performing oral sex on you.

26You told other employees that you and the complainant were going to clean the storeroom, you then took the complainant into the storeroom and locked the door.  You told the complainant to get on her knees, you then exposed your penis and had the complainant perform oral sex on you until you ejaculated into her mouth, part of Charge 3.  You then told the complainant to pretend to look at the inventory and you unlocked the door.

27On another occasion in the same period when you were both working in the café and customers were present you asked the complainant whether you could 'finger her'.  She said she had her period and you told her that did not stop her 'from doing other stuff'.  You again told a staff member you and the complainant were going to undertake an inventory and you had the complainant perform oral sex on you in the storeroom, part of Charge 3.  You then told Ms Calloway to continue with inventory tasks so that other staff would not be suspicious.

28Between 1 August 2023 and 21 August 2023 you were driving the complainant home after work when you pulled over at a truck stop.  You had a cigarette and asked the complainant if she would masturbate you.  You both got out of the car.  You took your penis out of your pants and told the complainant to put her hand on your penis and 'jerk [you] off'.  You were masturbated to the point of ejaculation, part of Charge 1.

29On 21 August you worked with the complainant, and at the end of the shift you gave her your bank card and told her that later, she should pretend in front of others, that she had taken the card by accident.  You told her to call her father and arrangements were then made for you to drive to pick up the complainant and later drive her home.  As you were driving the complainant home you reached under her top and caressed her breasts, part of Charge 1, as she masturbated your penis over your clothing, part of Charge 1.

30Upon reaching a quiet location you asked the complainant if she was 'ready for more' and 'do you want a taste?'  You then told the complainant to get out of the car and lean over the park bench with her pants down.  You pulled your own pants down and inserted your penis into her vagina for roughly three to five minutes, part of Charge 4.  You did not ejaculate during the vaginal intercourse, as you thought it would be too risky as you were not wearing a condom.  Once you had removed your penis from Ms Calloway’s vagina you inserted it into the complainant's mouth and she performed oral sex on you until you ejaculated into her mouth, part of Charge 3.  You then engaged in text messages with Ms Calloway where she messaged you that she had no regrets, and you both texted messages implying the relationship could continue. 

31On an occasion between 21 August 2023 and 31 December 2023 you asked Ms Calloway if she was 'ready for the full thing'.  She replied, 'Yeah, I guess', and arrangements were made for you to pick her up early the next morning.  You did this and drove to the café.  There was a brief discussion about whether you should have intercourse and Ms Calloway said it was up to you.  You then led her into an office and locked the door.  You told the complainant to stand near the door and pull her pants down whilst you put a condom on.  You then put your penis inside of the complainant's vagina and you had sex for approximately 10 minutes, part of Charge 4.  You did not ejaculate and after you stopped you said to the complainant she could 'finish [you] later'.

32On another occasion between 1 August 2023 and 31 January 2024 you were driving Ms Calloway home from work and you asked her if she knew any place you could go and she could perform oral sex on you.  Ms Calloway directed you to a dead end street and you asked the complainant to perform oral sex on you.  You both exited the vehicle and, as you were standing, Ms Calloway got on her knees and then placed your penis in her mouth until you ejaculated, part of Charge 3.  You then drove Ms Calloway to her grandmother's home. 

33The last sexual incident that occurred between 1 January 2024 and 31 January 2024 was when you and the complainant were at work.  Another employee was also there at the time.  Ms Calloway was working in the kitchen and you asked her if she could fit between the deep fryer and the fridge.  Ms Calloway knew this meant that you wanted her to perform oral sex on you.  The complainant got between the two appliances and performed oral sex on you, part of Charge 3.

Investigation and disclosure of the offending.

34The prosecution opening recites extensive details as to how your offending was discovered.  I do not intend to recite that detail but briefly describe some of the relevant circumstances.

35In October 2023 Ms Calloway spoke to a school counsellor and was told that it was an offence for person to engage in sexual activities with a person under 18 years of age under their supervision or authority, despite the younger person's consent.  Ms Calloway became upset.  The police were notified and spoke with Ms Calloway at school.  Ms Calloway denied that she had engaged in sexual activity with you.  She telephoned you while she was at the school and a teacher overhead a male voice coming from Ms Calloway’s handset.  It was agreed between the parties this was you on the phone and you were overheard saying, 'Make sure the messages have been deleted'.

36In October 2023 Ms Calloway also confided in a friend who was suspicious of you.  She told her friend she had intercourse with you early in the morning in the café, although Ms Calloway said it was the first time she had had sex with you.  Ms Calloway then had a text message exchange with you were she told you the friend suspected you were engaging in sex with Ms Calloway.  Ms Calloway told you she was denying it to her friend but the friend had sent her a message stating, 'I can tell'.  Amongst the messages you texted Ms Calloway that the friend was a 'Smart girl, that one' and 'Keep denying'.

37On 13 March 2024 Ms Calloway spoke to a teacher at school and detailed the offending.  Police met Ms Calloway a number of times throughout March of 2024 and were provided with the details of your offending.

38On 20 March 2024 Ms Calloway engaged in 'pretext' telephone call with you and made reference to 'the last time we went for a 10', meaning engaging in oral sex with you, and she suggested to you that she was concerned about her performance.  You made a comment, 'Don't worry about that 10,' which the prosecution intended to rely upon as an admission that you had engaged in oral sex if you opted to take the case to trial. 

39You were later interviewed by police on 21 June 2024.  You denied the offending.  You described Ms Calloway as a 'great kid' and claimed you were never sexually interested in her and you thought of her like a daughter.

40You claimed the sexual banter in the café was in the context of joking around.  When confronted with some of the messages police had recovered, you gave a less than convincing account as to why you might have sent some of these messages.

41As part of the investigation, police recovered 3896 iMessages between you and Ms Calloway between 5 March 2023 and 9 June 2024.

Procedural history

42You were charged in June 2024 and committed to stand trial in November 2024.  No witnesses were called at the committal.  Your case was listed for a seven-day trial in the Wangaratta circuit commencing in September 2025.  A special hearing, where Ms Calloway would adopt her interview with police and be cross-examined, was set to take place on 29 July 2025.  On the day of the special hearing your case was stood down, the matter resolved; you were arraigned and pleaded guilty as described above.

Victim impact

43Ms Calloway has made a victim impact statement that was read to the court by a supportive adult friend associated with Ms Calloway’s previous secondary school.

44The statement explains how confused Ms Calloway felt during the period of the offending.  She was not sure if what was happening was appropriate.  She described being scared.  She describes you as a grown man who 'Made himself the big person in my life, we were texting all the time'.  She describes how you would give her advice about problems in her life and this made her feel like she could trust you.  She described not having many friends at school, as she was doing a different course from most of her friends, and she had a sense of loneliness.  She liked working in the café and thought she might become a pastry chef.  Now she has different feelings associated with the offending, and describes baking as causing her distress.

45She describes feeling anxious now around men, and not relating as easily to 'new people'.  The pending court proceeding has been stressful and she describes having a panic attack, and having irregular sleep patterns. She describes dealing with the offending and subsequent court proceeding as ‘mentally draining’ and described a great sense of relief when she learnt that she did not have to give evidence, no doubt as a consequence of the resolution of the charges and your plea of guilty.

46Ms Calloway’s father also had a victim impact statement read to the court by the prosecutor.  He describes feelings of stress, anger, frustration, guilt and fear.  He describes his concern for his daughter knowing there are 'bosses out there like [you]'.  He worries about his daughter's future partly due to the 'anxiety she now suffers from'.  He has also experienced ongoing stress and worry.  For him it has been in relation to how he can best support his daughter.  This has affected him physically and impacted his sleep.  He is unsure how long these concerns will remain with him.

Personal circumstances

47I turn to your personal circumstances, which were outlined in the oral and written submissions of your counsel and the psychological report of Simon Candlish dated 27 September 2025.

48You were born in Waverley and you have one older brother and a half-sister.  You told Mr Candlish your older brother physically abused you when you were aged between nine and 17 years old and this caused you considerable anxiety.  You described spending a lot of time out of home in order to avoid your brother.  You experienced persistent bed-wetting for a significant period of your adolescence.  While you were never hospitalised, your brother hit you in the head with a bowl on one occasion and you had to receive stitches for the wound.  You last had contact with your half-sister several months ago but before that you have not seen her for a number of years.

49Your parents separated when you were two years old and you were raised by your mother, who worked hard to provide you and your brother with a stable childhood.  You reported that your mother was your 'best mate, my main supporter' through your bed-wetting issues.[5]  You have managed to maintain a good relationship with your mother until 2023, when your relationship became strained.

[5] Simon Candlish report [39].

50Throughout your childhood you had limited interactions with your father and you have described him as not wanting to have much to do with you and your brother.  You have not had contact with your father in 16 years.

51You left school during Year 10 and this came after you repeated Year 9 after poor performance.  After leaving school you worked at a factory before commencing a carpentry apprenticeship which you did not complete.  You were then employed by the Victorian Chamber of Commerce for several years before a period at a printing company and at a real estate agency.  Most of your career involved work in car finance.  You worked in that industry for 25 years before purchasing the café in rural Victoria with your second wife.  After the closure of this business in early 2024 you returned to working in car finance, where you remained until you were charged with this offending.  Following this, you have worked as a store manager at Bob Jane T-Mart and then as an assistant manager in car sales. 

52You have had a number of significant relationships in your life.  You were first married when you were around 23 years old for a period of 10 years and you have three children resulting from this relationship, who you have not had contact with for 13 years.  You married your second wife in 2006 and had your youngest son, who is now 18 years old.  You remained with your second wife until 2023.  Your second marriage came to an end in 2023; you then commenced a relationship that broke down partly as a consequence of your offending.  That person remains supportive of you.

53As to your circumstances at the time of your offending, you reported to Mr Candlish that:

'It was the perfect storm, the business was failing dramatically, had financial stress, relationship was breaking down, working long hours, had taken myself off medication.'[6]

[6] Simon Candlish report [30]; a footnote in the report indicates this medication was an antidepressant relating to a facial tic and you denied symptoms of depression 'around this time'.

54Following your arrest you reported that your 'mental health and personality changed' and you felt depressed and suicidal.  When asked about your depressive symptoms you told Mr Candlish that you, 'Did not want to function, I did not want to talk to anyone, I stayed at home'.[7]  You reported that you remained in this state for a number of months after your arrest and your relationship at that time broke down because you were not the 'happy guy[8] she fell in love with'.[9]

[7] Simon Candlish report [72].

[8] She being Ms Golland, referred to later in these reasons.

[9] Simon Candlish Report [70].

55During your second interview with Mr Candlish you reflected that, while the 12 months after you were charged was one of the most difficult periods of your life, things has improved.  You managed to obtain work as an assistant manager in a car servicing business and your relationship with your son improved.  You told Mr Candlish, 'I feel like I've almost found myself, I'm in a very happy place', and you were proud of your son.

Objective gravity of your offending

56Mr Hare, this offence recognises the power imbalance between you, as an employer, and a younger person, aged 16 or 17, in the role of an employee.  It criminalises employers using that power imbalance to induce or encourage young people to engage in sexual activities with them.  The law is designed to protect such young people from such sexual exploitation.  The seriousness with which the law regards such offending is reflected by maximum penalties of five years in relation to Charge 1, and 10 years in relation to Charges 2, 3 and 4.

57Such young employees rely upon their employers for guidance and are subject to their direction and authority; the law regards engaging with such a young person sexually as serious offending, regardless of the fact that the young person may consent to the sexual activity.

58The victim impact statement of Ms Calloway clearly illustrates how such consent can be accompanied by a deep sense of confusion, fear and subsequent regret.  Such offending deprives young people of the experience of developing their own sexual identities free from undue influence and exploitation.

59One of the troubling aspects of your case is that you offended after being made aware Ms Calloway’s friend suspected there was a sexual relationship between you and Ms Calloway.  In October 2023 you were told by Ms Calloway her friend believed the two of you were having sex; your reaction was to message Ms Calloway to 'keep denying’ it.  Then in January 2024 you asked Ms Calloway to perform oral sex on you while she was at work in the café.  You expected her to keep up a pretence when you were also requesting her to gratify your sexual desires.

60The manner in which you introduced Ms Calloway to 'games' involving sexually explicit references and the suggestions you made to her when driving her somewhere that it was her 'last chance' were manipulative behaviours that took advantage of her immaturity.  Your text messages to her providing advice and professing how much you cared for her encouraged her to trust you.  Inherent in this type of offending is a breach of trust; this was clearly a significant aspect or your offending towards Ms Calloway.  Employees aged as young as 16 or 17 should be able to receive appropriate direction and guidance from those who employ them without being encouraged to perform sexual acts. 

61Offending of this type and seriousness must be publicly denounced.  While I must determine what is a just punishment for this particular offending, it is not in dispute that general deterrence is an important consideration.  Employers must be made aware that their duties of guidance and training strictly prohibit sexual exploitation and such offending is likely to viewed seriously by the courts and result in significant punishment.

62The fact that your offending spanned approximately six months involving a number of penetrative acts, including sexual intercourse on one occasion without using a condom, are serious features of the offending.

63The four offences to which you have pleaded guilty are 'rolled-up' charges.  Rolled-up charges simplify a court's task by allowing multiple instances of similar offending to be dealt with in a single charge.  This procedure requires your agreement and confers a benefit on you by reducing the number of charges.  However, the court when sentencing in respect of a rolled-up charge, must consider all the circumstances of the offending and the totality of the harm described in the charge. 

64The charges also reflect sexual activity that occurred sometimes as part of the one ongoing interaction between you and Ms Calloway on the same occasion.  I must carefully consider this aspect; to some extent sexual acts that occur close in time on the one occasion warrant a greater degree of concurrency in terms of the sentence imposed for those acts, than sexual acts occurring on distinctly separate occasions.  This is complicated by the rolled‑up charges being categorised on the basis of the particular type of sexual act that took place, rather than on the basis of the occasion on which the different acts occurred.

65Although your counsel stated that the opening was an agreed summary, she submitted your offending occurred on 10 occasions rather than 11 occasions, as stated in prosecution opening.[10]  I accept that a more accurate description is that the offending occurred on 10 occasions rather than 11 occasions.  I must impose a sentence that is just in relation to the totality of your offending as described by the particulars in the indictment and as set out in the opening in relation to the detail of the incidents of offending.

[10] [38] Defence outline of submissions [5] of the prosecution opening.  It appears the description in paragraph 5 of the opening that 'The offending occurred on 11 separate occasions, seven of which occurred at the workplace and four when the accused drove the complainant home from work' is not accurate, as the detail in the opening describes only five occasions of offending at the café.

66As you are to be sentenced to a period of gaol in respect of Charges 1 and 2 on the indictment, provisions in the Sentencing Act1991 mandate that you are to be sentenced in respect of Charges 3 and 4 as a serious sexual offender.  This status requires that I regard protection of the community as the principle purpose for which the sentence is imposed in respect of those charges.  Section 6E of the Act also prescribes that there is a presumption that sentences imposed on those charges should be served cumulatively 'unless otherwise directed by the court'.[11]  The prosecution has indicated that they do not seek a disproportionate sentence in respect of those charges.  Such provisions must also be considered in conjunction with 'totality' principle of sentencing.[12]

[11] Although such a presumption must still take account of the 'totality' principle of sentencing.

[12] See DPP v Dillon (a pseudonym) [2025] VSCA 266 [59-68].

Circumstance of mitigation

67Your counsel emphasised your lack of prior convictions and previous good character.  A character reference tendered on your behalf was written by your son.  He is 18 years old and is in the second year of an electrical apprenticeship.  In his letter he describes, 'Chris consistently put others before himself and contribute [sic] to the community'.  He describes you volunteering your time with running the local junior football teams and when you ran the café you employed people who faced challenges in their lives, some of whom were regarded by others as 'unemployable'.  He describes you making 'hundreds of donations’ to a ‘food bank' to assist those struggling in the local community, and at Christmas hosting a free lunch at your café to provide for families in need.

68He describes you at one point in your life operating a gym that never made a profit, but which assisted people in their wellbeing related to body image.  Apparently you also attempted a number of times to join the police force.

69He also describes how your absence will have a tremendous impact upon him, as you up to the time of your remand assisted him financially in circumstances where he is living out of home for the first time.

70A reference was also tendered from Renee Golland, with whom you commenced a relationship in August 2023.  You became engaged; however, she was deeply disturbed by your offending, which she describes as leading to the demise of your relationship with her.  Nevertheless, she remains a supportive friend and believes your offending was a 'one-off event' and was out of character.

71Her letter corroborates the matters referred to in your son's letter.  She describes how you supported your son, how you were well respected in the community and how your café provided a 'regular supply of meals for those less fortunate via the local food bank' and the provision of a Christmas lunch.  She describes how this offending has ruined your reputation and will deeply impact upon your son.

72Your counsel tied in your previous good character[13] with difficult circumstances in your life at the time of offending to submit that your offending was out of character, and you have 'excellent' prospects of rehabilitation.  She submitted that you were an immature person for your age, and that the text messages between you and Ms Calloway read more like communication between teenagers.  She submitted that your purchase of the café was 'ill‑founded' and you were struggling financially from the time you started operating the café.  Your marriage was breaking down in approximately March of 2023 and ended in July 2023, coinciding with when you started to engage sexually with Ms Calloway.  Your counsel submitted:

'The offending occurred in a particular set of circumstances in which your failing business and marriage contributed to [you] feeling an increase in your self‑worth from [your] contact with the victim'.

[13] It should be noted that the prosecution conceded that defence counsel's submission that s5AA(1) of the Sentencing Act had no role to play in this case was correct; it was not submitted by the prosecution, despite reference to the this section in the prosecution submissions, that Mr Hare's previous good character 'was of assistance in the commission of the offence'.

73I accept the thrust of this submission.  The characterisation of you and the assessment of your prospects of rehabilitation were bolstered by the report of Mr Candlish.  He assessed you as a man with low self‑esteem who 'enjoyed the positive attention' you received from Ms Calloway.  He assessed you as having good prospects of rehabilitation and falling into the 'low‑risk category of sexual offending' in the future.  The prosecutor also did not dispute that you could be regarded as being of low risk of reoffending in the future.

74I accept that your offending is out of character.  Your difficult personal circumstances at the time of the offending in no way excuses your offending, but I accept it does provide relevant context in which your offending occurred.  However, your previous good character must be viewed in the light of offending that was perpetuated over approximately six months.  I accept that you have number of prosocial character traits, and have reached a mature age without transgressing the law.  You have contributed to your community.  I accept that your prospects of rehabilitation should be regarded as good and to some extent this moderates the weight I attach to specific deterrence and protection of the community.  I also accept your counsel's submission that this finding allows me to fix a relatively longer period of parole than I might otherwise consider appropriate.

75Your counsel also relies upon your plea of guilty.  She conceded the plea could not be regarded as entered at the earliest stage, having been entered on the day the special hearing was to take place; nevertheless, the plea was significant in that it relieved Ms Calloway from having to recount details of the offending and being cross‑examined.  It was submitted the plea was associated with remorse and warranted significant amelioration of the sentence.

76It is apparent from Ms Calloway’s victim impact statement that she was deeply relieved when told she would not have to give evidence.  I will take that into account.  Your plea of guilty has conferred on the criminal justice system a significant utilitarian benefit that must be reflected in the sentence imposed.

77I also accept that you are remorseful; however, it was conceded by your counsel during your plea hearing that it was open to me to take the view that your remorse was to some extent limited.  I am of that view.  You denied the offending in your interview, maintained your denial of the offending up to the day of the special hearing and made some comments to Mr Candlish that attempted to minimise and deflect your responsibility for the manner in which you manipulated Ms Calloway to engage in the sexual activity with you.[14]

[14] See paragraphs [20-30] of the Candlish report.

78I accept that you son will be impacted by your incarceration.  Your counsel has properly conceded that, while the effects upon him cannot be regarded as exceptional, you will be burdened while in custody by a feeling of having let him down and not being able to provide him with ongoing support.  I will take that into account.

79Further, it was submitted that the damage to your reputation will limit your employment opportunities in the future and may prevent you from working in the field in which you have employment experience, namely the car financing industry.  I accept that your employment opportunities are likely to be restricted in the future because of this offending and will take that into account.

80Your counsel submitted that the report of Mr Candlish enlivened limbs 5 and 6 referred to in the case of Verdins. The prosecutor disputed that submission and I do not accept this submission.  While I accept you suffered mental health issues when charged with this offending, the report does not provide sufficient evidence of mental health issues that are of such ongoing severity as to meet the threshold required to engage limb 5, and there is too much uncertainty in Mr Candlish's opinion as to the effect of imprisonment upon you to engage limb 6. 

81I do accept Mr Candlish's description of your background and the impact that background had on you developing stable relationships and low self-esteem.  I accept your counsel's submission that you are in some ways immature, and your offending was related to your underlying sense of low self-esteem.  I will take those matters into account generally. 

Sentence

82Mr Hare, the purposes of sentencing are to punish an offender to an extent and in a manner which is just in all of the circumstances, deter him or others from committing offences of the same or a similar character, facilitate rehabilitation, denounce the offending conduct, protect the community or a combination of two or more of those purposes.

83I must have regard to current sentencing practices in relation to this type of offending.  I have examined a number cases[15] and to some extent gleaned what might be described as a 'yardstick' of sentences imposed in relation to offending of this type.  Such cases are not precedents and no two cases are the same.  Each case must be assessed according to the particular circumstances pertaining to that case.

[15] See DPP v Eccles [2025] VCC 840; Szeto v The Queen (2012) 36 VR 47; DPP v Lumsden [2023] VCC 212; DPP v Partington [2017] VCC 1540.

84I have already referred above to the gravity and seriousness of your offending and the circumstances of mitigation.  I am satisfied you are unlikely to reoffend in a similar manner in the future.  However, as referred to above, and it is not disputed between the parties, your offending was so serious that it can only result in a period of imprisonment with a head sentence and non‑parole period.

85Balancing as best I can the various purposes of sentencing and having regard to the material presented to me and all relevant matters I have determined that you should be sentenced as follows.

86In respect of Charge 1, the rolled-up charge of sexual assault, you are convicted and sentenced to 15 months' of imprisonment.

87In respect of Charge 2, the rolled-up charge involving digital penetration, you are convicted and sentenced to two years, four months' imprisonment.

88In respect of Charge 3, the rolled-up charge involving penile oral penetration, you are convicted and sentence to three years and two months' imprisonment.  This is the base sentence.

89In respect of Charge 4, the rolled-up charge of penile-vaginal penetration, you are convicted and sentenced to three years' imprisonment.

90I further declare that in relation to Charge 1, four months of the sentence is ordered to be served cumulatively upon Charge 3 and all other sentences imposed this day.

91In relation to Charge 2, eight months of the sentence is ordered to be served cumulatively upon Charge 3 and all other sentences imposed this day.

92In relation to Charge 4, 12 months of the sentence is ordered to be served cumulatively upon Charge 3 and all other sentences imposed this day.

93That makes a total effective sentence of five years and two months' imprisonment.  I declare that you serve a minimum of three years before being eligible for parole.

94In respect of Charges 3 and 4 you have been sentenced as a serious sexual offender and that status will be entered into the records of the court.

95Pursuant to S 6AAA of the Sentencing Act I declare that had you not pleaded guilty to these offences I would have imposed a total effective sentence of seven years and two months' imprisonment.

96Pursuant to s18 of the Sentencing Act I declare that you have served 42 days of pre-sentence detention that is to be entered into the records of the court as a period of time that has been served pursuant to the sentence imposed today.

97The parties are agreed that the number and type of charges to which you have pleaded guilty means that you are declared pursuant to the Sex Offender Registration Act as a registrable offender, and are subject to the reporting obligations pursuant to that Act for the remainder of your life. That declaration will be entered into the records of the court.