Director of Public Prosecutions v Jackson (a pseudonym)
[2024] VCC 134
•15 February 2024
| IN THE COUNTY COURT OF VICTORIA AT MILDURA & MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALEXANDER JACKSON (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE CHETTLE | |
WHERE HELD: | Mildura and Melbourne | |
DATE OF HEARING: | 15, 18, 19, 20, 21, 22 September and 29 November 2023 | |
DATE OF SENTENCE: | 15 February 2024 | |
CASE MAY BE CITED AS: | DPP v Jackson (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 134 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE
Catchwords: Sentencing – indecent acts with child under 16, sexual penetration of child under 16; aggravating feature; under care, supervision, or authority, incest by parent, family violence, rape.
Legislation Cited: Sex Offenders Registration Act 2004
Cases Cited:Bugmy V R (2013) 302 ALR 192
Sentence: Imprisonment, total effective sentence 27 years, non-parole period 19 years, Sex Offenders Registration – for life
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms K. Parnham | Ms K. Parnham, Office of Public Prosecutions |
| For the Accused | Mr M. Mazzone | Mr M. Mazzone, VALS, Victorian Aboriginal Legal Service |
HIS HONOUR:
1Alexander Jackson[1], you have been convicted by two juries on sexual offences involving three victims. On 14 September of 2023, you were convicted by a jury of three charges of indecent act with or in the presence of a child, six charges of sexual penetration of a child under 16. And at a time when your victim was under your care, supervision or authority, and one charge of incest.
[1] A pseudonym.
2
On 22 September of last year, another jury delivered a majority verdict of guilty on one charge of sexual penetration of a child under 16 and one charge of rape. They were discharged without verdict in respect of other charges. And you had pleaded guilty to another charge of sexual penetration of a child under 16 on
15 September 2023.
3The offences to which you pleaded guilty, and the two offences for which you were convicted on 22 September 2023, predate the offences for which you were convicted on 14 September. I propose to accede to the prosecution submission that you should be sentenced for the earliest offences first, the victim in those offences was Ava Parker[2].
[2] A pseudonym
4Miss Parker was born in February 1991. You were born in October 1987. When you were 16 years old, you and Miss Parker became boyfriend and girlfriend. She was about 13 years old, and shortly after that relationship commenced in July or August of 2004, you were both at your home in northern Victoria[3]. You had both previously discussed sex and Miss Parker had told you that she did not want to have sex until she turned 16.
[3] A pseudonym
5On that particular occasion, she says that you were lying together on the bed kissing, and you were having what she called dry sex. Anyway, she did not know what that meant and you explained it to her saying that your clothes would stay on and it would not go any further. She agreed and then it went further and you started rubbing or touching her, until finally you asked whether or not you could put the tip of your penis into her vagina, promising that it would not go any further. Although she did not want to, she felt pressured to comply. And she said yes. The next thing she knew you were having full penetrative sex with her.
6She did not know whether you ejaculated but said you were not wearing a condom. That is the basis of Charge, 1, for which the jury convicted you of sexual penetration of a child. Miss Parker turned 14 in February 2005, and you had turned 17 in October 2004. You and she continued your sexual relationship. In 2005, she fainted at school and was taken to hospital. Blood tests confirmed that she was pregnant. Your daughter Isabella[4] was born in June 2006. The act of sexual intercourse had led to Miss Parker's pregnancy and Isabella’s birth occurred in June 2006, and is the basis of Charge 2, the charge of sexual penetration of a child to which you pleaded guilty.
[4] A pseudonym
7
Your relationship with Miss Parker continued thereafter. In 2007, you and
Miss Parker and Isabella moved to a nearby regional town[5] for a time before Miss Parker moved back in with her mother. She retained a home in northern Victoria[6] and you spent time with her. She fell pregnant with your second child. Your relationship would have issues, but Miss Parker wanted a father for her children. Noah[7] was born in September 2008. You spent some time away in Darwin before returning to northern Victoria. In September 2009, Miss Parker fell pregnant with your third child. And that pregnancy had real problems. So did your relationship.
[5] A pseudonym
[6] A pseudonym
[7] A pseudonym
8You attended counselling but could not resolve your issues, and you separated in 2010 for a while. In May 2010, you and Miss Parker attended a 21st birthday party. Miss Parker gave evidence that you had drunk a lot of alcohol and she drove you back to her home. When you got to her home, you went into the bedroom and you wanted to have sex. She said that she did not feel like it but you became violent and rough with her calling her names such as whore and stupid bitch. You pushed her down on the bed told her that if she didn't have sex with you, you would hurt her and her grandmother who was babysitting the children.
9You pushed her onto a bed onto her side, she was 35 weeks pregnant at the time, and you had vaginal sex with her whilst you held her down. She was crying and telling you to stop. And you gave up at some point apparently being unable to maintain the sex because of your alcohol consumption. You told her that she disgusted you and asked her to make you some food and you then kicked her violently in the back when she got up to get you some food. When she came back, you had fallen asleep.
10
That is the basis of Charge 4 rape, the jury - for which the jury convicted you.
Miss Parker was admitted to hospital after a couple of days and underwent an emergency caesarean section. Your daughter, Mikayla[8] was born in May 2010. Miss Pearce did not disclose your rape, as she felt embarrassed and did not think she would be believed. She said that she felt foolish and stupid. You moved to your mother's home after Mikayla's birth, but after a few months, you reconciled yet again with Miss Parker. Yet again, you split up in 2011.
[8] A pseudonym
11
Your relationship was marred by violence and aggression. You were often controlling and threatening. Despite this, you both got together again and
Miss Parker became pregnant with your fourth child Willow[9], who was born eventually in June 2012. In late 2012, Miss Parker’s half-sister,
Veronica Harris [10]came to live with you, Miss Parker, and your children. Veronica was 13 years of age at the time and came to stay with you and Miss Parker, because of difficulties she was having with her father who was separated from her mother, and had been living regional New South Wales.[11] Her date of birth is in May 1999. When Veronica first moved in, you were living in northern Victoria. Veronica shared a bedroom with Isabella.
[11] A pseudonym
[9] A pseudonym
12You picked Veronica up at Mildura airport and drove her to your home. You told her on the trip that her father did not want her and that she was not welcome at his home in regional New South Wales. You also told her that Ava did not want her at their home. You sought to persuade her that you were the only one who cared for her and wanted to help her. Shortly after she arrived in northern Victoria, you asked her personal questions, whether she had a boyfriend whether she had any sexual relationships, whether she went to parties whether she smoked or drank alcohol. She told you that she had not had sex before. A night or two after she arrived Miss Harris was up late sitting on the couch watching television.
13
You were also sitting on the couch. You grabbed her foot and rubbed it against your penis, you then removed your penis from your pants and rubbed it with
Miss Harris's bare foot. When she asked you about what you were doing, you told her to be quiet. She was confused and upset got up and went to bed. Your conduct in rubbing your penis with her foot is the basis of Charge 1 on indictment M12116485B, indecent act, with or in the presence of, a child under 16. A few days later, you took Miss Harris to a friend's house to smoke marijuana. Some cannabis was chopped up and Miss Harris smoked some and she started to feel tired and unwell.
14You took Miss Harris spotlighting. She remained in the vehicle whilst you and your friend shot rifles. She said she could not really remember how long she was in the car for because she was feeling unwell. And that you displayed an animal you'd shot to her. You took her back to the house of your friend and she was unwell and said she wanted to go home. You told her to go and sleep in one of the rooms which she did. She woke up in the bed with you next to her. You got on top of her pulled her pants down and she said you raped her; that is, you put your penis inside of her. You pulled her pants down. She was lying on her stomach and you put your penis into her vagina.
15She said it went on for a few minutes. She felt really scared she could hardly move; she was numb and tingling. She was asking you to stop. And you told her that she should be glad to be there; she really did not put up much of a fight, she said, because she was scared and frightened. She remembers waking up and being taken back home. But she does not have much of a memory after that. That is the basis of the jury verdict of guilty to Charge 2, sexual penetration with a child under the age of 16. In the days that follow you again approached Miss Harris in the lounge room of your house, it was late, and the children and Ava were asleep. Veronica was standing when you approached her, and you started touching her breasts and buttocks under her clothes. When she asked you to stop you told her that Ava would never believe her, and she would end up homeless. She left the room and went to bed. That touching of her breasts and buttocks is the basis of Charge 2, indecent act with or in the presence of a child under 16.
16On an unknown date in October or November 2012, you went into the bedroom where Miss Harris slept with Isabella. She awoke to find you inserting your finger into her vagina. She resisted you a little bit and Isabella started talking in her sleep. You then left the room. That conduct is the basis of Charge 4, sexual penetration of a child under 16. The next thing that occurred between you was when you urged Ava Parker to drink with you. She was sleepy and went to bed. You then opened a bottle of bourbon and gave Miss Harris several glasses to drink. You got up went over to her and pushed her up against a wall pulling her pants down. You penetrated her vagina with your penis.
17
Miss Harris repeatedly asked you to 'please stop', but it was only when
Miss Parker could be heard getting out of bed that you stopped and pushed
Miss Harris onto a couch. Miss Parker walked into the kitchen and then returned to bed. You told Miss Harris that she would be screwed and, or, homeless if she complained about what you did to her. This conduct forms the basis of Charge 5, sexual penetration of a child under 16. On another occasion, in October or November 2012, Miss Harris stayed at Miss Parker’s mother's home whilst other adult family members went to a party. Because she was a child, she was to stay at that home for the night located nearby. When there was a knock on the door, she opened the door, and you were standing there.
18You came inside and demanded she have sex with you. Ms Harris told you she did not want to and that she had her period. So, you then finally penetrated her anus causing her severe pain. After a short time, you worked out that she did not have her period, so you then vaginally penetrated her. You would stop for a while then start again. Miss Harris said it felt like a long time and that she just lay there numb and hurt. She was still only 13 years of age. You received a phone call from Ava and left the house. This conduct constituted constitutes Charges 6 and 7, anal and vaginal sexual penetration of a child under 16 years.
19You, Miss Parker, your children, and Miss Harris moved from northern Victoria to a house about 30 kilometres away in November 2012. You continued to have regular vaginal sex with Miss Harris after that move. Miss Harris was seriously mentally damaged by your controlling behaviour, sexual abuse, and the way you made her feel worthless and helpless. She tried on at least two occasions to kill herself. In January 2013, she attempted suicide by taking an overdose of prescription medication. You took her to the nearest large hospital, where she remained for a few days. You picked her up from hospital when she was released in January 2013. You asked her whether she had told the doctors about your actions then she assured you that she had not.
20On the trip back to your home, you pulled up on the highway, a place near the riverbank. Miss Harris tried to run away but you grabbed her, took her to the rear of the car. It was a station wagon and you pushed her into the rear of the vehicle and penetrated her vagina with your penis. This penetration lasted only a few minutes, but the conduct represents Charge 8, sexual penetration of a child under 16.
21
Throughout the time you variously sexually penetrated Miss Harris she was under your care, supervision, or authority. You reinforced that she would not be believed if she complained, and that you were the only thing between her and being homeless. The jury found the care, supervision or authority feature of aggravation proven on each of the Charges 2, 4, 5, 6, 7 and 8. After you and
Miss Parker separated, Miss Harris continued to live with Miss Parker and her children. When she formed the belief that you may be returning to that house, she seriously cut herself and ended up in a critical condition at the Austin Hospital in Melbourne.
22After that hospitalisation she returned to her father's care in about April 2013 and did not see you again. She told her boyfriend about your sexual abuse of her in mid-2015. And she told Miss Parker of your activities in 2020. Miss Parker told her mother that you had raped her after being told by Miss Harris of your crimes against Miss Parker. Miss Parker went to the police in October 2020. In 2020, Miss Parker was looking at the mobile phone owned by your daughter Isabella. In the notes section of her phone Miss Parker found the note Isabella had made about you using her body for your pleasure. Naturally upset, Miss Parker decided to talk to Isabella in the presence of her mother. Isabella broke down crying saying the note was true. The police were notified and conducted a VARE with Isabella the next day.
23That VARE was played to the jury as was a video recording of Isabella's special hearing. The jury were unable to agree on one of the three charges against you relating to Isabella but convicted you on Charges 9 and 10. Charge 9 related to an incident between June and November of 2012, when you entered Isabella’s bedroom in your home in northern Victoria. You got on the bed next to her. You were fully clothed, you placed Isabella on your groin area and rocked her back and forward on top of you. You had your eyes closed and continued to rock her for a few minutes before moving her and leaving the room. That is the basis of the indecent act charged with a child under 16 years of age. Charge 10 is the charge of incest.
24Sometime between November 2012 and June 2013, you went into Isabella’s bedroom at night after she had a nightmare and was crying. You put your face near her vagina and licked it with your tongue. You asked her if it felt nice, and you put your tongue inside her vagina. She was six years old. She had been wearing pyjamas but you had pulled her pants down in order to penetrate her vagina with your tongue. Isabella suffered nightmares and flashbacks about what you did to her and wrote the note on the phone as a form of therapy.
25On 8 October 2021, you were arrested and interviewed by police. You denied sexual misconduct, but otherwise effectively made a no comment interview. You gave evidence at both your trials. You admitted picking up Miss Harris up in Mildura and driving her to your home in northern Victoria, but denied the grooming conversations Miss Harris gave evidence about.
26
You denied taking Miss Harris hunting and claimed that all sexual allegations simply did not happen. You admitted picking Miss Harris up from
the regional Hospital but said the alleged sexual penetration beside the river did not happen. You gave a convoluted and contrived account about how you travelled back to your home in order to distance yourself from the river. You further said that the events described by Isabella to which I have previously referred just 'did not happen'. At your second trial, you also gave evidence you admitted meeting and commencing a relationship with Miss Parker, and that she was then 13 years of age. You said that her account of having sex with you at your then home, 'did not happen'. You agreed that you had sexual intercourse with Miss Parker after she moved to live nearby, and that Isabella was conceived as a result.
27You outlined your on and off again relationship with Miss Parker. You denied physical or sexual abuse. You said her allegation of rape while she was pregnant did not happen. You said you did not go to a 21st birthday party with her. Each jury, has clearly rejected your evidence beyond reasonable doubt. Each jury has accepted Miss Parker’s, Miss Harris’s, and your daughter Isabella’s evidence beyond reasonable doubt on the charges for which you were convicted. The matters upon which you were convicted, demonstrate you to be a dangerous sexual predator. You are manipulative, self-centred and selfish. You sexually abused each of your victims when and how you wanted, disregarding pleas that you stop and having no regard to or remorse for the crimes you were committing. Your conduct was depraved, degenerate and totally repugnant.
28
Numerous victim impact statements were tendered upon your plea. Miss Parker in Exhibit J outlines how you took advantage of her at a young age and
exploited her inexperience, and how she lost her sense of self-worth because of your actions. She was young, a mother of multiple children needing help and support. She was traumatised and in a constant state of survival and flight or fight. She feels guilty for what you did to Veronica and is unable to bear what you did to Isabella. You turned a precious little girl into a sad and broken child. She is naturally hyper-vigilant, jumps at shadows and afraid to sleep at night. Everything you did affects everyone in her family including Isabella and your other children. Miss Parker has endured isolation from relationships and difficulties with intimacy. She suffers nightmares and cannot trust anyone with her children. She concludes:
'His actions robbed me of my many life experiences. I never got to be a normal teenager, to feel safe and loved in pregnancy and to have a healthy marriage and family. Worst of all, motherhood. Living with the guilt of failing to protect my baby is unbearable.'
29Isabella says in Exhibit G that every day she is sad, she is sad to have lost her father you were supposed to protect her not hurt her. She is broken emotionally suffering depression, anxiety and PTSD. She fears sleep and the nightmares and flashbacks that she suffers. She is scarred. She could not finish school and is suicidal. She said you ruined her life and ruined who she could have been. Veronica Harris is fighting PTSD and depression. She suffers anxiety attacks, is constantly reminded that she destroyed her own body to cope with the abuse that you inflicted upon her. She is isolated and anxious. She experiences vomiting, shaking and fainting. She has severe depressive episodes that last weeks. Nausea, flashbacks, and night terrors. She has been suicidal; she has a debilitating fear of men. She cannot form intimate relationships and cannot trust anyone to keep her family safe and not hurt her. Her mental health issues have impacted her employment. Her education was damaged and truncated. Her body is scarred from self injury.
30Veronica’s mother Penelope Harris[12], describes how her bubbly outgoing child was changed by your abuse. She became angry and abusive and alienated from her family. Ms Harris watched Veronica Harris attempt suicide. She now understands what caused those changes. She has been terrified by the effect your crimes have had upon Veronica. She is angry and sick at what you did. She blames herself for letting Veronica live with her sister when you were around. The court cases have caused Veronica to shut down, suffer night terrors and crying hysterically. She is disgusted with you. You have destroyed her child and the damage cannot be reversed.
[12] A pseudonym
31Ava Parker’s mother and Isabella’s grandmother, Grace Jennings’s[13] outlined how her relationship with Ava changed as a result of Ava’s extreme anxiety. She was utterly broken by seeing the damage you caused to Ava and Isabella. Happy, smiling, dancing Isabella is gone, and she feels responsible for not keeping you away from them. She says she is tired and burnt out. She grieves for her grandchildren and their loss. She will never forgive you for what you did.
[13] A pseudonym
32Matthew Parker[14] is Ava Parker’s husband and Isabella’s stepfather. He outlines in Exhibit F the effect your crimes have had on Isabella and the other children. He has suffered by watching this and the emotional damage to Ava. He feels helpless to deal with her guilt, hurt and pain. She wakes screaming in her sleep. He is constantly trying to make his family feel safe in their own home. They do not trust others around their children and are hyper-vigilant of them. They are dysfunctional and he expresses hatred of you. I take the victim impact material into account in sentencing you.
[14] A pseudonym
33
The offences you committed are all serious crimes, rape, and incest both carry a 25-year imprisonment maximum penalty, sexual penetration of a child under 16 with the aggravating feature, and has existed in your case, has a 15-year maximum penalty, sexual penetration of a child 10 years maximum penalty and indecent act with a child under 16 also 10 years maximum penalty. Dealing with your offences against Miss Parker, I regard your offensive sexual penetration of a child
Charge 1, as a lower mid level example of that offence. Although Miss Parker was only 13, you were only 16. You penetrated her knowing she did not want to have sex; you simply took what you wanted. You do not have the benefit of a reduction in sentence a plea of guilty would have afforded you. The offence of sexual penetration of a child to which you pleaded guilty is also a lower mid level example of that offence.
34Ava was only 14 and you were almost 18. You didn't use protection and Ava became pregnant as a result. To your credit you pleaded guilty to this offence. The DNA evidence was conclusive that you were Isabella’s father, but you are entitled to a reduction in sentence to reflect your plea of guilty to this offence.
35Charge 4, rape is in my view an upper-level example of the offence of rape. You ignored Ava’s pleas to stop. You forced yourself on your heavily pregnant partner and kicked her violently at the conclusion of your rape. Family violence of this type is totally deplorable.
36Dealing with the offences against Miss Harris and Isabella. Charge 1, indecent act with a child under 16 represents a lower mid level example of that offence. You bizarrely rub your penis with Veronica’s foot when you should have been protecting her. You were 24, she was 13. Your actions constitute a significant breach of trust.
37Charge 2, sexual penetration of a child with the aggravating feature, Veronica was 13, you were 25. You took her away from home and supplied her with cannabis. You knew she had not had sex before and you forced yourself upon her while she was ill in bed. You ignored her request to stop but continued to take what you wanted. In my view, your offending represents an upper-level example of this offence.
38Charge 3, is the second offence of indecent act with a child under 16. You groped her under her clothes on her breasts and buttocks. Again, she was only 13. You manipulated her into staying silent and preyed on her insecurities. She was isolated and your actions occurred late at night. In my view that crime represents a mid level example of that type of offence.
39Charge 4 is another charge of sexual penetration of a child under 16 with aggravating feature. Again, Veronica was 13 when you digitally penetrated her in her bed next to her sleeping sister. This in my view represents a lower mid level example of this offence.
40Charge 5, again sexual penetration of a child under 16 with aggravating features, relate to your giving a 13-year-old alcohol before pushing her against the wall and penetrating her with your penis, ignoring her pleas to stop. Again, you emotionally manipulated her and made her feel vulnerable. In my view, this offending represents an upper-level example of this offence.
41Charges 6 and 7 are both charges of sexual penetration of a child under 16 with aggravating features. They both occurred in the one protracted incident when Veronica was supposedly safe at her grandmother's house. When she lied about her period in an attempt to avoid sex with you, you forcefully penetrated her anus instead. This as I said before caused her extreme pain and distress. Your anal penetration in my view represents an upper-level example of this offence. She was 13 and you were 25 years old. When you discovered that she did not have her period, your vaginal penetration was maintained for an extended period of time. She suffered considerable pain and was suicidal as a result. This offence represents an upper mid level example of this type of offence.
42Charge 8, sexual penetration of a child under 16 with aggravating features relates to your picking Veronica up from hospital and sexually penetrating in the rear of your vehicle near the river. Your victim was extremely vulnerable having attempted suicide because of your earlier abuse. You well knew how vulnerable she was. You violently restrained her and forced her into the rear of your station wagon and penetrated with your penis. This represents in my view an upper-level example of this type of offence.
43Charge 9, the indecent act with a chart child relating to you rocking five-or six-year-old Isabella on your groin in her bedroom. Isabella was very young. She was your own daughter and your conduct represents in my view, a lower mid level example of this type of offence.
44Finally, Charge 10, incest relates to your penetration of your six-year-old daughter's vagina with your tongue. This in my view represents a mid level example of this offence. She was very young, however, some of the grooming, manipulation and force that often surround this type of offence are not present in this case. And I assess the objective gravity of this offence as mid level.
45
Turning to your personal circumstances, you are now 36 years of age being born in October 1987. You have an indigenous heritage from your mother's side of the family. You have no prior criminal history. Your counsel advised me of a subsequent matter in 2021, where you were sentenced to a
Community Corrections Order for drug trafficking. I have no regard to that appearance in sentencing you for this offending.
46
You have two younger brothers. Your mother and father separated when you were about two years of age. You were raised by your mother in financially challenging conditions. You attended school to Year 11 level then undertook a
Certificate of Security Operations and Civil Construction. You claimed to have been consistently employed and own and operate a fencing business. You have some contact with your father who resides in northern Victoria but lives a socially isolated life. A report from Psychologist, David Ball was tendered at your plea and that is Exhibit 2.
47Apart from some general background information, you refused to provide Mr Ball with any relationship history, sexual history or drug and alcohol history. You continued to maintain your innocence for these charges. Mr Ball bravely opined that you represent a low risk of recidivism based on static factors. Such an assessment in my view was meaningless given your convictions by the jury and your refusal to provide relevant information. Mr Ball did not find evidence of any mental illness, personality disorder, mood disorder, substance use disorder or other pervasive clinical syndrome.
48Hardly surprising when you would not talk to him appropriately. Mr Ball recognised the need for you to complete the sex offenders program. I find Mr Ball's report to be a little to no use in the sentencing process. Your counsel also tendered a case review document from Mildura Base Hospital, Exhibit 3. I understand that to relate to the drug abuse issues you had leading up to your subsequent court appearance. You had drug induced psychosis and was suicidal. You are no longer on medication. Your counsel in his written submissions sought to invoke application of what are known as Bugmy[15] principles. The prosecution responded to this submission in Exhibit C submitting that Bugmy principles were not engaged in your case.
[15]Bugmy V R (2013) 302 ALR 192
49When challenged, your counsel indicated that he did not really press his submission. For clarity, I accept the prosecution's submissions in this regard. There is no evidence that you experienced profound childhood deprivation. Nor is there any evidentiary basis to find a causal nexus as submitted or even general approach. There is no result reduction of your moral culpability for these offences. Your prospects of rehabilitation are unclear. Your gross sexual abuse of three vulnerable victims together with your refusal to properly cooperate with Mr Ball, make an assessment of your prospects impossible.
50The evidence demonstrates you to be a sexual degenerate and deviant. You clearly need to complete the sex offenders course whilst in custody. An assessment of your risk factors will ultimately be made before you will be released on parole if you are. That said, a reasonable length of time has passed since your offending, with only limited re-offending. You have a good work history and enjoy the support of your mother, there is a good chance that you will be able to find employment when you are released. So, there are a few positive indications however, generally you have no redeeming features. Clearly general deterrence, denunciation and just punishment are significant sentencing factors in your case. Your counsel properly conceded that nothing other than a term of imprisonment is open in your case.
51I am acutely conscious of principles of totality and accumulation. I also must impose an effective sentence that recognises your offending against each of your victims. I have considered the objective gravity of each of your offences. I have had regard to the proximity of time of some of the offences. And I have moderated both the sentences and the cumulation direct - to reflect all relevant sentencing requirements. Because I propose to impose terms of imprisonment on all charges. And to deal with your offences in chronological order, you fall to be sentenced as a serious sexual offender on Charge 4, rape of Miss Parker, and of all the convicted charges relating to Veronica Harris and Isabella.
52I am required to regard protection of the community from you as the principal sentencing factor. To achieve that, the court can impose a disproportionate sentence. And there is a presumption of cumulation of sentence. I do not impose, obviously, to impose a disproportionate sentence and I can properly protect the community with the sentences I am about to impose. You will also be subject to recording under the Sex Offenders Registration Act 2004[16] for life. Having a regard to all the circumstances of this case, that pursuant to my discretion on Charges 1, 2 and 4, you shall be subject to life reporting on all charges. I direct that it be recorded in the records of the court that you have been sentenced as a serious sexual offender on Charge 4, rape and Charges 1-10 of the Harris, Isabella indictment. Would you stand up please? The sentences of the court are.
[16]Sex Offenders Registration Act 2004
53On Charge 1, sexual penetration of a child. This is the third in chronological order the offence relating to Ava Parker. You are you are sentenced to 12 months' imprisonment.
54On Charge 2, sexual penetration of a child, you are sentenced to nine months' imprisonment.
55On Charge 3, rape, I sentence you to 12 years' imprisonment. In relation to the subsequent indictment on Charge 1, indecent act, with or in the presence of a child relating to Veronica, you are sentenced to 18 months' imprisonment.
56On Charge 2, sexual penetration with the aggravating feature, you are sentenced to nine years' imprisonment.
57On Charge 3, indecent act with or in the presence of a child, you are sentenced to two years' imprisonment.
58On Charge 4, sexual penetration with aggravating features, you are sentenced to six years' imprisonment.
59On Charge 5, sexual penetration with aggravating feature, you are sentenced to eight years' imprisonment.
60On Charge 6, sexual penetration with aggravating feature, you are sentenced to 10 years' imprisonment.
61And on Charge 7, sexual penetration with aggravating feature, you are sentenced to seven years' imprisonment.
62On Charge 8, sexual penetration with aggravating feature. You are sentenced to 10 years' imprisonment.
63And on Charge 9, indecent act with Isabella, you are sentenced to 18 months' imprisonment.
64And Charge 10, incest, you are sentenced to 10 years' imprisonment.
65Having regard to principles of totality, cumulation and recognition of the offending against the various victims to which I have referred, I order that; three years of the sentence imposed on Charge 2 on the second indictment, the indictment of sexual - involving Veronica Harris. Three years of Charge 2. One year of Charge 4. Two years of Charge 5. Two years of Charge 6. One year of Charge 7. Two years of Charge 8. And four years of Charge 10, the incest charge, be served cumulatively upon the sentence imposed on Charge 3 of the first indictment involving rape of Ava Parker, which I declare to be the base sentence. That is an effective term of imprisonment of 27 years. And I order that you serve 19 years before being eligible for parole.
66I indicate on Charge 2, of the second indictment of sexual penetration - of the first indictment, sexual penetration of a child to which you pleaded guilty but for your plea of guilty, I would have imposed a term of imprisonment of 14 months. Can somebody tell me what the pre-sentence detention is please?
67MS PARNHAM: 196 days Your Honour.
68HIS HONOUR: Do you agree with that?
69MR MAZZONE: Yes, Your Honour.
70HIS HONOUR: All right, I declare that 196 days of the sentence I have just imposed has already been served by way of pre-sentence detention. Any other orders required?
71MS PARNHAM: Just Your Honour checking that the ones where you haven't declared cumulation, they're concurrent?
72HIS HONOUR: It's there. But the only cumulation is for the ones that I've declared.
73MS PARNHAM: As Your Honour pleases.
74HIS HONOUR: Yes. All right. I terminate the links and stand down now until the next matter's ready.
75ASSOCIATE: Thank you, Your Honour.
[10] A pseudonym
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