Director of Public Prosecutions v Hudson

[2025] VCC 284

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
 Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

LACHLAN HUSDON (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	7 March 2025
DATE OF SENTENCE:	18 March 2025
CASE MAY BE CITED AS:	DPP v Hudson
MEDIUM NEUTRAL CITATION:	[2025] VCC 284

REASONS FOR SENTENCE
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Subject:Criminal law – Sentencing.

Catchwords:              Found guilty at trial – Sexual penetration of a child or lineal descendant – Sexual assault of a child under the age of 16 – Relevant criminal history – Bugmy – Verdins – Poor prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 as amended by the Crimes Amendment (Sexual Offences) Act 2016 ss 49D(1), 50C(1); Sentencing Act 1991 ss 5(2) 6D, 6E, 6F, 11A(4)(c), 18; Sex Offenders Registration Act 2004 s 34(1)(c).

Cases Cited:Cheung v The Queen (2001) 209 CLR 1; Waldon v The Queen [2016] VSCA 260; Clarkson v The Queen (2011) 32 VR 361; DPP v Hudson (a pseudonym) (County Court of Victoria, Gullaci J, 23 July 2012).

Sentence:                  Imprisonment for a period of 8 years and 6 months with a non parole period of 5 years and 6 months.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A Moore	Office of public Prosecutions
For the Accused	Ms M Walker	Melinda Walker

HIS HONOUR:

Introduction

1Lachlan Hudson[1], you have been found guilty by jury of:

(a) one charge of sexual penetration of a child or lineal descendant, contrary to s 50C(1) of the Crimes Act 1958 (‘Crimes Act’) as amended by the Crimes Amendment (Sexual Offences) Act 2016, which carries a maximum penalty of 25 years imprisonment (Charge 1); and

(b) two charges of sexual assault of a child under the age of 16, contrary to s 49D(1) of the Crimes Act as amended by the Crimes Amendment (Sexual Offences) Act 2016, which carries a maximum penalty of 10 years imprisonment (Charges 3 and 4).

[1] A pseudonym.

2You have also admitted your Criminal Record.

Circumstances of the offending

3As you have been found guilty following a trial, I am required to sentence you in a way that is consistent with the verdicts of the jury:[2] 

[2] Cheung v The Queen (2001) 209 CLR 1, [14], [162].

4You were born on August 1986 and were 35 years old at the time of offending.

5The victim in this matter is your biological daughter, Vanessa Molten[3] who was born on March 2008. She was 14 years old at the time of offending.

[3] A pseudonym.

6You lived at a residential care facility in Alfredton. The facility consists of a large number of single-bedroom dorms. You lived at the facility with Justin Hayes[4] who was the victim’s godfather, and Caitlyn Jones[5] who was described as the victim’s cousin.

[4] A pseudonym.

[5] A pseudonym.

7In the evening of 16 April 2022, the victim visited Mr Hayes asking if she could come over and see him. Mr Hayes agreed and the victim was driven out to the facility and met with Mr Hayes before going into his room, and watching a movie. At some stage you entered Mr Hayes’ room and the two of you were talking in the victim’s presence.

8During the evening, Mr Hayes left to go clubbing with his girlfriend, leaving you with the victim.

9The victim became aware that you had the movie ‘H20’ on your laptop. You and the victim went to your room to watch the movie.

10A number of residents saw you and the victim together in the facility.  

11The victim entered your bedroom. She had not been in your room previously and noticed it was messy. The room contained a small desk, laptop, no chairs and a single bed with a black sheet. She sat on your bed and watched the movie whilst you were also on the bed.

12After some time, you started to touch the victim over the outside of her jeans, near her vagina. You moved your hand around putting it down and underneath her jeans before rubbing the victim’s bare vagina. You rubbed her clitoris then inserted your finger into her vagina moving it in and out, whilst the victim was in a seated position on the bed. The victim said she ‘felt weird’ but did not say anything (Charge 1).

13You then pulled the victim’s jeans and underwear down and started to lick her vagina whilst she lay horizontally on the bed. The victim felt uncomfortable and pulled her jeans back up (Charge 3).

14You then put your hand underneath the victim’s shirt and bra and squeezed her right breast (Charge 4).

15At some stage during the evening the victim messaged Mr Hayes asking him to come back as she felt unsafe.

16Later that night, Mr Hayes returned to the facility and knocked on your door. The victim told you she wanted to speak to Mr Hayes about something. The victim left your room and went to Mr Hayes’ room. Once alone, the victim told Mr Hayes that you had touched her ‘downstairs’ and on her breasts. She was crying.

17Mr Hayes put a second movie on for the victim and locked her in his room. She remained in his room alone whilst he went out again until he returned sometime later.

18Ms Jones was in her room getting ready for bed when you knocked on her door and told her that the victim was in Mr Hayes’ room. Ms Jones told you that the victim needed to leave the facility. You said the victim was not speaking to you. Some time later Ms Jones said ‘well you must have done something wrong for her not to talk to you’.

19In the early morning of 17 April 2022, Mr Hayes and others returned home from a night out. Mr Hayes collected the victim from the facility and went camping at Lake Burrumbeet with his girlfriend and another person for a number of hours. The victim and Mr Hayes were dropped off back to the facility later that morning.

20Sometime after 8:00am on 17 April 2022, Ms Jones notified an employee of the facility that the victim had stayed in Mr Hayes’ room the previous evening.

21At 9:00am, the employee knocked on Mr Hayes’ door and told the victim to leave.

22On 18 April 2022, Ms Jones messaged the victim stating, ‘hey [Lachlan] is worried that he has done something wrong’. The victim replied stating she didn’t want to talk to him, she was ‘uncomfy near him’ and that ‘he touched me...downstairs’.

23Ms Jones confronted you shortly after receiving the messages. She told you about the messages she had received from the victim and asked you whether it was true or not. You replied, ‘if I did, I don’t remember’.

24At around 11:00am on 18 April 2022, you telephoned the Ballarat Sexual Offences and Child Abuse Investigation Team (SOCIT) and spoke to DLSC Jacinta Ford stating that your daughter had accused you of molesting her. You stated that the whole time you had seen the victim there were witnesses present and that you had not molested her, explaining there to be no opportunity to have done so. You stated that you had cuddled her goodbye and that it would be captured on CCTV and that the foyer was the only place that you had seen her within the facility.

25On 18 April 2022, the victim reported the incident to the police. A VARE was conducted the next day.

26On 18 April 2022, a staff member of the facility spoke to you after reading an incident report of her colleague regarding the presence of the victim at the facility that weekend. You told her that you, Mr Hayes, the victim and the victim’s boyfriend went up the passage but did not go into your room.

Investigation

27Police executed a search warrant on your room at the facility.

28You were interviewed by police on 22 April 2022, and stated the following:

(a)   the only contact you had with the victim was on the Sunday morning telling her to go home and that you hugged her on that occasion;

(b)   you did not see the victim at the facility in any place other than the foyer;

(c)   when asked if the victim had been in your bedroom you stated ‘no, not that I’m aware of’’. You later stated that you were told that the victim went looking for you up that way. You stated you only saw her in the foyer;

(d)   the victim did not go to your bedroom;

(e)   you did not rub the victim on the outside of her clothing, inside of her clothing on her vagina, insert your fingers into her vagina, nor licked her vagina as alleged;

(f)    you were not aware of her presence at the facility until the staff member told you on the Sunday morning;

(g)   the victim did not enter your room;

(h)   the victim was not in your room and she was never alone with you at any time;

(i)    the victim had never been in your bedroom; and

(j)    although the victim had never been in your bedroom you stated that it ‘doesn’t mean she hasn’t opened the door…cos my room’s never locked’.  

Nature and gravity of offending

29The offences to which you have been found guilty are inherently serious offences as they involve sexual activity with a child. As noted in Waldon v The Queen,[6] ‘sexual offending against children must be viewed as extremely serious, particularly where (as is often the case) such offences involve breaches of trust and responsibility on the part of those who had such young persons in their care.’ Further, it is well established that the absolute prohibitions on under age sexual activity are founded on a presumption of harm.[7]

[6][2016] VSCA 260, [30] (Redlich and Kyrou JJA).

[7]Clarkson v The Queen (2011) 32 VR 361, [33] (Maxwell ACJ, Nettle, Neave, Redlich and Harper JJA).

30In this instance the victim is your biological child and while she was not living with you, she came to your accommodation facility to visit a friend and was ultimately left alone with you when her friend left the facility. While alone with the victim, you sexually assaulted her in the ways described. In the circumstances, your daughter was effectively in your care and was entitled to feel safe in your presence. Your conduct was therefore a significant breach of the trust and responsibility that you as a parent should have maintained.

31Ms Walker who appeared on your behalf at the trial and plea, while conceding that the objective gravity of your offending is serious, submitted that in assessing your offending there are a lack of aggravating features including: that there was no grooming behaviour; that there is no evidence of pre planning; and that the three offences occurred in a single episode. While I accept those factors are matters to be taken into account, in all the circumstances in my view your offending remains very serious.

Personal circumstances

32You were born in Melbourne in 1986 and are currently 38 years old.

33You report that you have multiple siblings including step siblings. You note that each of you ended up in state care and that you have not had contact with your siblings for many years. Your parents separated shortly after your mother fell pregnant with you.

34Your biological father was diagnosed with schizophrenia and lived in Queensland up until his recent passing.

35Your childhood was turbulent and dysfunctional. You report that you frequently moved with your mother within and across states in Australia until the age of 12. Following this, you were taken to live with your aunt and uncle in Ballarat however the relationship broke down and you were placed into foster care. You remained in State care until you were 18.

36You recall your mother suffering from chronic distress and that she suffered from at least one overdose. You report that you were exposed to physical, sexual and emotional abuse whilst in her care.

37A historic psychological report dated 18 June 2002 of Jari Evertsz was tendered on the plea and outlines the years of chronic neglect, emotional trauma, family rejection and developmental delays you experienced at a young age. At this time, you were assessed as having low to average cognitive ability and described as developmentally immature for your age. You were often blamed for issues at home and you were openly unwanted by caregivers. You were ultimately placed in state care due to your cognitive difficulties and emotional instability.

38Concerns regarding your sexualised behaviour were documented in a special risk and needs assessment in 2002. Upon review, the need for ongoing supervision, structured care and therapeutic intervention was confirmed. In 2004, while the same developmental concerns remained, you had aged out of child protection services and were no longer receiving the relevant supports and structures.

39Your mother was tortured and murdered as part of the notorious Snowtown Murders. You disclosed experiencing sexual assault in your childhood by an associated person of the Snowtown perpetrators. 

40Upon turning 18, you report having lived with your maternal grandmother and cousins however you ultimately moved to Ballarat, living in supported accommodation up until this offending. While you report having limited friendships, you state that you do get along with people who share your disabilities and experiences.

41A psychiatric report of Dr Jacqueline Rakov dated 6 March 2025 was tendered on the plea. Dr Rakov emphasised that concerns regarding your behaviour, mental health and cognition were raised throughout your adolescence. Dr Rakov writes that despite the clear indicators of high-risk behaviours and significant psychiatric needs, no appropriate services were put in place to provide stability and ongoing oversight following your departure from the child protection system.

42Dr Rakov states that you suffer from a complex interplay of Autism Spectrum Disorder and Post Traumatic Stress Disorder. You were diagnosed with autism at age 25 and you continue to show distinct social communication patterns and have difficulty forming relationships. Your trauma symptoms manifest through flashbacks, hypervigilance, anxiety and notable avoidance behaviours. You report being prescribed clomipramine for clinical depression and antipsychotic medication, chlorpromazine, for Post Traumatic Stress Disorder in your youth.

43You currently do not have any family or social support and find that the structured environment of prison provides you with some stability.

44Dr Rakov opines that you require structured support around daily living skills, social integration and mental health management and that ultimately, you will benefit from comprehensive wrap-around services upon your release from custody.

45You have a relevant prior criminal history. In 2012 you were sentenced on a charge of sexual penetration of a child under 16 where you received a prison term of 3 years with 26 months suspended for 3 years. I note also that in 2017 you were sentenced for failing to comply with reporting obligations as required by the Sex Offenders Registration Act 2004.

Sentencing considerations

46Ms Walker highlighted a number of matters that ought be taken into account in mitigation.

47As a result of your complex and traumatic childhood Ms Walker submitted that Bugmy principles are enlivened. When you were approximately 8 years of age notifications were made to child protection services in relation to the neglect, abuse and behaviour issues you were facing at the time. At the same time you made a disclosure of sexual abuse by one of your mothers partners. After your mother went missing you were moved to live with relatives followed by foster care and ultimately, residential care. You have been in supported accommodation up to the time of your remand.

48Having considered the materials including the psychiatric reports, I am satisfied that the effects of your childhood depravation do enliven Bugmy principles and that they should be given full weight in the sentencing discretion.

49Ms Walker also submitted that Verdins principles are also enlivened. As noted by Dr Rackov, you present with a ‘complex interplay of Post Traumatic Stress Disorder and Autism Spectrum Disorder.’ Having considered the psychological evidence, in my view Verdins principles 1, 3 and 4 should be given some weight in the sentencing discretion when assessing your moral culpability and when considering principles of general and specific deterrence.

50Your prospects of rehabilitation, in my view, are difficult to assess given your history and complex psychological profile. As noted by Dr Rakov:

The collateral information provided from professional assessments, foster carers, and residential staff demonstrated a pattern of persistent, concerning, and fixated sexual behaviours, alongside intellectual impairments, emotional trauma, and a history of severe neglect and abuse. The documented risks necessitated long-term supervised care, psychiatric intervention, and ongoing behavioural management strategies to mitigate the possibility of escalating or harmful behaviours.

51I also note that you have prior criminal history which relevantly includes a conviction in this court in 2012 for sexual penetration of a child under 16, for which you were sentence to a term of imprisonment of 3 years, with 26 months of that sentence suspended for a period of 3 years.[8]

[8] DPP v Hudson (a pseudonym) (County Court of Victoria, Gullaci J, 23 July 2012).

52As noted by Dr Rakov, the focus in the future should be to address your trauma history and offending behaviour through sex offender treatment programs in addition to maintaining stable accommodation and other structured support programs. While such intense and ongoing support will assist in your rehabilitation, currently in my view your prospects can only be assessed as relatively poor.

53Deterrence both general and specific are prominent sentencing considerations. In this instance protection of the community is also a prominent consideration. While it is acknowledged that you suffer ongoing psychological deficits, you have a relevant prior conviction for sexual offending against children and, as noted by Dr Rakov, your response to your sexual offending ‘demonstrates limited insight, with some degree of minimisation and external attribution of responsibility’. As such in my view specific deterrence must be given weight in the sentencing calculus.

54In addition to the matters that I am required to take into account under s 5(2) of the Sentencing Act 1991 (‘Sentencing Act’), I must also take into account that the three charges to which you have been found guilty are standard sentence offences. The standard sentence for Charge 1 is 10 years and for Charges 3 and 4, the standard sentence is 4 years.

55Having identified and considered the relevant factors in assessing the appropriate sentence as part of the instinctive synthesis, including the maximum penalties, the standard sentence and the serious nature of your offending, the sentence I will impose on each of Charges 1, 3 and 4 fall below the standard sentence.

56Pursuant to s11A(4)(c) of the Sentencing Act in fixing a non parole period for a standard sentence offence, where the term of imprisonment is less than 20 years the court must fix a non parole period of at least 60 per cent unless the court considers it is in the interests of justice not to do so.

57Pursuant to s 6F of the Sentencing Act, you fall to be sentenced as a serious offender on Charges 1, 3 and 4. As such, any sentence of imprisonment imposed on Charges 1, 3 and 4 attract a presumption of cumulation pursuant s 6E requiring the court to consider protection of the community as the principal sentencing purpose pursuant to s 6D.  However the prosecution does not seek a disproportionate sentence to achieve these ends, and the overarching principle of totality therefore continues to apply.

Sentence

58Mr Hudson, would you please stand.

59Lachlan Hudson, on Charge 1, sexual penetration of a child or lineal descendant, you are convicted and sentenced to 8 years imprisonment. On Charge 3, sexual assault of a child under 16 you are convicted and sentenced to 3 years imprisonment. On Charge 4 sexual assault of a child under 16 you are convicted and sentenced to 18 months imprisonment.

60I direct that 6 months of the sentence imposed on Charge 3 be cumulative on the sentence imposed on Charge 1 making for a total effective sentence of 8 years and 6 months. I direct that you serve 5 years and 6 months before becoming eligible for parole

61Pursuant to s 18 of the Sentencing Act 1991, I declare that 119 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

62Pursuant to the Sex Offenders Registration Act 2004, you will be required to comply with reporting obligations for the remainder of your life.