Director of Public Prosecutions v Ledford (a pseudonym)
[2015] VCC 1457
•7 October 2015
IN THE COUNTY COURT OF VICTORIA AT BENDIGO
CRIMINAL DIVISION
Revised Not Restricted
Suitable for Publication
DIRECTOR OF PUBLIC PROSECUTIONS
v
JESSE EASTON LEDFORD (a pseudonym)
---
JUDGE: HIS HONOUR JUDGE CARMODY
WHERE HELD: Bendigo
DATE OF HEARING: 17 September 2015
DATE OF SENTENCE: 7 October 2015
CASE MAY BE CITED AS: Director of Public Prosecutions v Ledford (a pseudonym)
MEDIUM NEUTRAL CITATION: [2015] VCC 1457
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW
Catchwords: Sentence – persistent sexual abuse of a child under 16 years – producing child pornography
Legislation Cited: Sentencing Act 1991; Crimes Act 1958; Sex Offenders Registration Act
2004
Cases Cited: Director of Public Prosecutions v G [2022] VSCA 6; Director of Public Prosecutions v Bales [2015] VSCA 261
Sentence: Total Effective Sentence of 13 years’ imprisonment with a non-parole period of 10 years.
---
APPEARANCES:Counsel Solicitors
For the DPP Solicitor for the Office of
Public Prosecutions (Vic) For the Accused
COUNTY COURT OF VICTORIA
250 William Street, Melbourne
HIS HONOUR:
1Jesse Easton Ledford1, on 17 September 2015 at the Bendigo County Court, you pleaded guilty to the following charges:
2Charge 1 – Persistent sexual abuse of a child under 16 years (your daughter, Complainant “A”). This has a maximum penalty of 25 years’ imprisonment.
3Charge 2 – Persistent sexual abuse of a child under 16 years (your son, Complainant “B”). This has a maximum penalty of 25 years’ imprisonment.
4Charge 3 – Producing child pornography. This has a maximum penalty of 10 years’ imprisonment.
5At the plea hearing, the prosecution tendered a Prosecution Summary on Plea Hearing. This was exhibit “A” on the plea. It is an extensive document but a proper analysis of your offending requires that a large part of it be read into your sentence. I refer to it now.
6You were born on 21 September 1974. At the time of offending, you were aged between 36 and 37 years of age and you were unemployed.
7Complainant “A”, your daughter, the victim in Charge 1, was born in 2001 and was between 10 and 11 years of age and a primary school student at the time of your offending against her.
8Complainant “B”, your son, the victim in Charge 2, was born in 2004 and was between 7 and 8 years of age and a primary school student at the time of your offending against him.
9Both your daughter and son were your victims in Charge 3.
Background
10The mother of your victims was in a relationship with you until 2006. The mother
1 Is a pseudonym
had custody of the children until 2008, when the Family Court of Australia granted you full-time custody of them. The children’s mother was allowed supervised access to the children.
11In March 2010, you and your two children moved to a house in Ocean Grove.
The three of you remained in the Ocean Grove house until April 2012.
12After moving to Ocean Grove, you lost your job as an electrician. Shortly after this, you started asking the children to undress in front of you and made sexually inappropriate comments to them. The behaviour then progressed to you physically touching and penetrating your children. You would also get the two children to perform sexual acts on each other in front of you. If the children refused, you would often say things such as “If you loved me, you would” or “it’s normal”, or you would offer them money.
13You told both children that what they were doing was a “secret” and not to tell anyone or you would get into trouble.
14The majority of the sex offending occurred in the Ocean Grove house, and at least once in your car.
15In April 2012, the family left the Ocean Grove house and moved to Bendigo.
You attempted sexual contact with your daughter on one more occasion at this house but the complainant refused, telling you that:
“It doesn’t mean I don’t love you, like, I’m sick of this. I never want to do any of this and you always force – it’s like you force me to.”
“No, don’t come near me, don’t touch me, I don’t like it and if you do try and touch me then I will tell somebody.”
16After these comments, you ceased sexual contact with your children.
17In 2013, you commenced a new relationship with another woman. This new partner had two children of her own: a daughter, about the same age as your daughter, and a son, slightly younger than your son. In 2013, you all
commenced living together – two adults and four children – in Bendigo.
18In September 2014, your daughter complained to your partner’s daughter about your sexual abuse of her and her brother, your son. Your partner was told about the abuse by her daughter. Your partner confirmed the allegations with your daughter and then confronted you about the offending. You admitted sexually abusing your children to your partner. You moved out of the family home the following day.
19On 18 September 2014, you were interviewed by police and made admissions to sexually abusing your daughter and son.
Complainant “A” – Your daughter Occasion One
20You made sexual comments to your daughter and while doing so, leaned over
and placed your hand on her breast and then her vagina. You rubbed the complainant’s vagina and breasts over her clothing. Your daughter told you that she did not like it and did not think it was normal. (Complainant “A’s” VARE, pages 17-18, Questions 72-78).
Occasions Two and Three
21You and your daughter were sitting in the lounge watching television and you began making sexual comments. You lent over and began rubbing the breast and then vagina (over clothing) of your daughter. You told your daughter to take her clothes off, which she did. You touched your daughter’s naked breasts and vagina.
Occasion Four
22Your son can remember you tucking him into bed. You then called for your daughter to come in. Your daughter was wearing pink pyjamas and lay down, whereby you knelt on your knees and were using your fingers to rub your daughter’s vagina.
Occasion Five
23You and your daughter were in your car driving. You filmed yourself rubbing your daughter’s vagina with your fingers during the car trip. This was filmed on your son’s iPad.
Occasion Six
24Your daughter was in bed pretending to be asleep, wearing shorts and a t-shirt.
You placed your hand inside her shorts and began rubbing her vagina, inserting your fingers into her vagina for approximately 10 to 15 minutes. You filmed yourself doing this, using a video camera. You placed a video camera at the end of the bunk bed between the railings and filmed yourself rubbing your daughter’s vagina with your hand, penetrating her vagina with your fingers. Occasions Seven and Eight
25You took your pants off and told your daughter to “suck [your] dick”, which your daughter did, putting your penis into her mouth. You then told your daughter to “sit on [your] dick”. Your daughter sat on your lap, facing away from you. You guided your penis into the vagina of your daughter. You told her to bounce up and down with your penis inserted into her vagina. Your daughter said “No” and that she did not like it. You then pushed her up and down on your penis for a few minutes whilst your penis was inserted in her vagina. Your daughter again to you that she did not like it, and got off. You then licked the vagina of your daughter.
26After you had finished, your daughter got up and went into her room. She cannot remember if you ejaculated during this occasion. She stated that she felt like she was a “waste of space”, felt depressed and had really negative thoughts after this had occurred.
Occasion Ten
27You instructed both of your children to undress and perform sexual acts on each other. Whilst the children were having sex, you were masturbating your own penis in their presence.
28During this occasion, you were also filming your children having sex on a hand- held video recorder – (Charge 3, making child pornography).
Occasion Eleven
29You would often show the complainants pornographic movies either on television or through your computer. These videos would show people having sex or using sex toys on each other. This occurred on more than one occasion. (Complainant “A’s” VARE, page 34, Questions 217-221, Complainant “B’s” VARE, pages 20-22, Questions 204-219).
30Your daughter recalls that the sexual abuse occurred regularly, sometimes two or three times a week. (Complainant “A’s” VARE, page 4, Question 16).
Complainant “B” – Your son Occasions One and Two
31Your son was scared one night and went and got into bed with you. You asked
your son “Do you want to have a little play around”? Your son agreed, and pulled down his pants and you also pulled down your pants. You instructed your son to “do this” and placed your hand on your son’s penis and moved his hand up and down.
Occasion Three
32On another occasion at Ocean Grove, you started rubbing your son’s penis.
This behaviour was witnessed by your daughter. (Complainant “A’s” VARE, page 24, Question 129).
Occasions Four and Five
33You then said to your son “I’ll show you something” and put your son’s penis in his own mouth and started sucking it. You then put your own penis into your son’s mouth. Your son was instructed to keep sucking your penis until it became erect. (Complainant “B’s” VARE, pages 10-15, Questions 98-140). Occasion Six
34You instructed the two complainants to have sex, which they did. During this time, you masturbated yourself. This is the same occasion as Occasion Ten
for Complainant “A”.
Occasion Seven
35You and Complainant “B” viewed adult pornography together. (Complainant “B’s” VARE, pages 20-21, Questions 199-219; pages 32-34, Questions 199-
215).
Occasions Eight and Nine
36Your son can recall wearing his Chad Reed pyjamas when you called him into his own room. You were already in Complainant “B’s” room when you said “Do you want to do what we did like last time”? You and Complainant “B” have pulled down your own pants. Your son has rubbed your penis and then you have rubbed your son’s penis. You have then placed Complainant “B’s” penis in your mouth and sucked it. On this occasion, you then took Complainant “B” into the study where you sucked Complainant “B’s” penis and Complainant “B” sucked your penis. Whilst this was occurring, you have shown Complainant “B” a pornographic image of a male and female having sex. (Complainant “B’s” VARE, pages 16-22, Questions 161-219. Complainant “A’s” VARE, page 5, Question 16; page 24, Questions 129-130).
Interview
37On Thursday, 18 September 2014, you attended at the Bendigo Police Station of your own accord where you undertook a lengthy interview. You fully admitted to sexually abusing your children, though denied you ever engaged in penile/vaginal sex with your daughter (Question 388). VARES were conducted with the child complainants and witnesses following your admissions.
38You said to police:
(i)You were going through a bad patch, suffering depression and turned to drug use;
(ii)You admitted touching your daughter’s vagina and your son’s penis;
(iii)You were unable to support the family and became depressed;
(v)You did not admit to filming your children;
(vi)You denied having sexual intercourse with your daughter;
(vii)You admitted having oral sex with your daughter;
(viii)You denied making your children have sex with one another;
(ix)You admitted masturbating in front of your children;
(x)You admitted mutual masturbation of your son;
(xi)You admitted sucking your son’s penis and making him do the same to you.
39In your record of interview yfou stated:
“I’m not proud of it. I’m disgusted in it, that I was on drugs. I’m disgusted that this happened. I don’t know when it happened exactly. I don’t know how long a period. But I feel it wasn’t that long a period of time.”
(Question 630).
40After you were formally charged during interview, you stated:
“Oh, the regret that I have is incredible. It’s something that I now know what it is and the impacts that it has and it’s something that is totally against who I am now so it’s been very hard for me sitting here listening to this and going back to that time.”
(Question 729).
Plea of guilty
41You pleaded guilty at the earliest opportunity, namely the further committal mention.
Impact on your victims
42The direct victims of your offending are your daughter and your son. Your son did not prepare a Victim Impact Statement. He has just turned eleven years of age. Your daughter did file a Victim Impact Statement dated 27 July 2015
43Your daughter’s description of the impact of your offending upon her is heartbreaking in the intensity of pain and sorrow she has suffered and continues to suffer. She speaks of uncontrollable self-mutilation by cutting her arms and legs. She has attempted suicide on one occasion, ending up in hospital. She has been hospitalised in psychiatric wards on two occasions. She does not trust anyone. She says she hates her brother for no reason. She states she suffers anxiety, depression and Post-Traumatic Stress Disorder. She attends counselling but talking about your offending stresses her more. She says she is not doing too well at school and “overall everything is pretty crap”.
44If she did no stand up to you, there is no saying when your offending would have stopped against her and her brother, your son.
45The maternal grandmother of your children describes the devastation she felt when advised of your daughter’s suicide attempt before Christmas last year. She states you have scarred their lives forever (exhibit “E”). Another Victim Impact Statement, part of exhibit “E”, sets out the ripple effect of your offending on all people, starting with your children in the centre and extending out to their mother, grandparents and aunties et cetera. The impact of your offending has been on a wide circle of family members who are trying to repair the damage you have caused your children.
46The aunty of your children tendered a Victim Impact Statement dated 27 July 2015. This was exhibit “C” on the plea. In her Statement, she sets out the extensive devastation your offending has had on the broader family and your two young children. She has looked after your daughter since the suicide attempts by her. She outlines how your offending has undermined her trust of other people to look after your children or her own children.
47Finally, the mother of your children has filed a Victim Impact Statement dated
27 July 2015. This is exhibit “B” on the plea. The children’s mother describes a nightmare commencing when she was first advised of your offending against her children. She sets out her guilt because she could not protect her children from you. She tells of how your children fight and scream with one another because each of them are reminded of you. Your son has told her that he wants nothing to do with you. She also sets out the broader impact on her extended family of new partner and step-children, all trying to cope with the fallout from your offending against your own two children. She suffers from self-doubt, guilt, anger, confusion and disbelief at these events.
Your personal circumstances
48You are now 41 years of age. Your offending occurred over a period when you were 36 and 37 years old.
49You were raised by your mother and maternal grandparents. You have no relationship with your own father. Both of your grandparents have passed away
– Joyce (in 2005) and Bob (in 2008). Before your incarceration, you were living with your mother in Malmsbury.
50It was put on your behalf that when you were young you were sexually abused by one of the parents at Little Athletics. This offending was never reported by you at the time and the offender left the club.
51Your education was to Year 12 but you left before the final exams. You originally worked part-time at Coles and sold newspapers and did factory-type work. At age 22, you commenced an apprenticeship as an electrician. You completed your electrician apprenticeship in Bendigo and worked in an electrical contracting firm. You were awarded Apprentice of the Year. You rose to a leading hand and a supervisor role at the electrical contracting firm.
52In the course of your work, you injured yourself when you had a fall whilst working on the Court at Bendigo. You suffered muscle and nerve damage as a result of your fall. Initially, you had twelve months off from work and then
returned on light duties.
53Just before your injury at the Bendigo Court, you commenced your relationship with the mother of your two children, the victims in this case.
54In 2001, your daughter was born.
55In 2004, your son was born.
56You bought a block of land near Bendigo and built a home. Your father-in-law lived and worked with you. You were successful and completed a Bendigo Regional Institute of TAFE course in electrical contracting.
57You commenced your own electrical contracting business doing mainly commercial contracts.
58In 2005, your grandmother passed away and this was your first direct experience of grief and loss.
59In 2006, your partner was sexually assaulted by strangers. The impact of that assault was immediate on your partner. You separated from your partner and children and started to use amphetamines.
60You reconciled with your partner and returned to live with your children as a family. Your partner had psychological and addiction problems after the sexual assault and you parted yet again.
61In 2008, you were granted custody of the children by the Family Court. You had a period as a full-time parent in 2008 and 2009.
62In 2009, you went back to full-time electrical work.
63By April 2010, you were in charge of a big contract in Geelong. You moved with the children to Ocean Grove.
64On Grand Final weekend in 2010, your tools were stolen and your employer
went into liquidation in March 2011. You were in financial trouble and returned to using ICE. The offending occurred in that time, set out earlier in these Reasons.
65You were evicted from Ocean Grove and returned to Bendigo in 2012. You stopped using ICE and amphetamines. You went on a Mental Health Care Plan and saw Rhonda McOrmond, a psychologist. You returned to electrical work and worked on Loddon Prison.
66In 2013, you commenced a new relationship and moved in with your new partner and two children. These charges ended the relationship.
67Prior to your arrest, you had been involved in charity work for Headspace and “Breaking the Ice” Program in Bendigo.
68You were assessed by Ian Joblin, forensic psychologist, for the purpose of this plea. His report dated 25 June 2015 was exhibit 2 on the plea. Mr Joblin assessed you as being extremely contrite and remorseful. Mr Joblin’s opinion is that you understand the wrongfulness of your offending.
69Rhonda McOrmond prepared a report dated 19 December 2012. This report is dated prior to your arrest and interview for these offences.
70Ms McOrmond reported treating you for anxiety and depression in August 2012.
The main reason for your treatment at that time was counselling for drug addiction and management of your depression and anxiety. Her report is exhibit 3 on the plea.
71You gave a history to Mr Joblin of excessive use of Viagra during the period of your offending. A report from Dr Michael Robertson, consulting pharmacologist, dated 2 September 2015 (exhibit 4) was tendered. Dr Robertson says the ingestion of alcohol and methylamphetamine most likely led to a reduction in care and caution and increasing your sexual desire. The Viagra had nothing to
do with your offending. The use of illicit drugs in combination does not excuse your offending behaviour.
72I have read the bundle of references (exhibit 6) and note the support you continue to receive from the authors. They are surprised and mystified by this offending, describing you as a “decent, hardworking, reliable and trustworthy person”. They confirm you are remorseful for your offending against your own children.
Sentencing considerations
73The basic purpose for which a court may impose a sentence of imprisonment are just punishment, deterrence, both specific and general, rehabilitation, denunciation of your actions and the protection of the community.
74In sentencing you, I must have regard to a range of factors, such as the seriousness of your offending, your culpability for them and your personal circumstances and those of your victims.
75I am required to balance the interests of the community in denouncing your criminal conduct and to ensure, as far as possible, you, as an offender, are rehabilitated and reintegrated into society.
76You have pleaded guilty at an early stage in these proceedings, as I have said before. The plea was indicated at an early stage. Your plea has a utilitarian value of allowing the orderly and effective administration of justice in this State. There is certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea also allows for the preservation of court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community. You have, by your plea, relieved the victims from giving evidence against you. It facilitates some closure for the victims of your offending.
77Your plea also is a clear acknowledgement by you that you accept responsibility
for your criminal behaviour in this case and I accept that is the case. Your plea also recognises that you are willing to facilitate the course of justice in the community and it demonstrates remorse on your part.
78The offences of sexual offending against your biological children strikes at the very heart of the most important building block in a civilised society, the family. The prevalence of the crime of sexual offending in the community erodes the decency of the family life and the trust and confidence of its young victims. Such crimes call for punishment to reinforce the principle of general deterrence, denunciation and protection of young people.
79Whilst you have not been charged with the offence of incest, some of the agreed offending by you encompasses all the elements of incest.
80In the case of Director of Public Prosecutions v G [2022] VSCA 6, the President of the Court of Appeal set it out clearly:
“The insidious effects of the crime of incest upon its victims should be recognised by those who are privileged to exercise parental care and the community is entitled to expect that those who exercise such care will not abuse the trust and confidence reposed in them by those in their charge. Parents - and those in loco parentis - who fail to exercise the restraint which the community expects of them, and who give in to their own sexual gratification, must expect to be severely and appropriately punished.”
81In this case, a further aggravating feature of your offending is that you instructed both of your children to undress and perform sexual acts on each other. You filmed your own children having sex on a hand-held video recorder (Charge 3). You also masturbated whilst your children were performing sexual acts on each other. This widening of the offending opens the potential for a complete fracturing of any proper relationship between sister and brother –your daughter and son- when it is you who is the offender against each of them.
82In this case, Charges 1 and 2 are representative counts. That this offending is representative of two or more acts of the same character. This fact has a twofold relevance for sentencing. First, it is to be understood, as the absence
of a mitigating factor as being an isolated event. Secondly, it provides wider context for the extent of your offending.
83In Charge 1, there were eleven representative occasions. In Charge 2, there were nine representative occasions. The depth of your depravity directed to your own children over the six-month period of September 2011 to March 2012 is despicable and deplorable.
84As part of the governing principles to be considered in sentencing you, I must take into account current sentencing practices. That enquiry is directed particularly, but not exclusively, to the kinds of sentenced imposed in comparable cases and the statistics at the time of the sentence. I have considered these statistics and current sentencing practices, mindful that each case must be considered in the light of its own particular circumstances and many of the cases would be distinguishable from your case, as indeed they are from one another. I also take into account the sentencing practices at the time of your offending. Each case, again, has its own distinguishing features and may be distinguished from yours and from one another.
85You have one prior conviction which is not relevant to these offences.
86On 5 April 2007, at Bendigo Magistrates’ Court, you were convicted of importing tier two goods (slingshot and a Taser) and placed on a Community-Correction Order for 24 months with unpaid community work and re-offending programs. You completed that Community-Correction Order successfully and committed these offences two-and-a-half years later. The relevance of your prior conviction is you do not come to the Court on this occasion with previous good character.
87The aggravating features of your offending are:
(i)You continued your offending over an extended period – 6 to 7 months;
(ii)Your daughter was aged between 10 and 11 years of age;
(iii)Your son was aged between 7 and 8 years of age;
(iv)You made your son and daughter engage in sexual activity with each other;
(v)You filmed your children having sex and you filmed some of your own sexual interaction with your daughter;
(vi)The acts of sexual penetration took place without any protection;
(vii)The occasions referred to in Charges 1 and 2 had elements of where you exercised domination and control over your very young children and showed that you were determined to engage in whatever sexual activity with them when and where you wanted to;
(viii)At the time of the offending, you had full-time custody of both of the children pursuant to a Family Court Order;
(ix)You prevailed on your children by telling them the activity was “normal”, you used emotional blackmail “If you loved me you would” and you offered them money;
(x)You told your children the sexual activity was “a secret” and you would get into trouble if they told anyone;
(xi)You did not stop your offending until your daughter refused your advances and threatened to expose your activity of offending;
(xii)You showed your children pornography.
88The mitigating features of this case are you pleaded guilty at the earliest time.
You have shown remorse and contrition now that your offending is out in the open. You have admitted the offending when confronted by your partner (not
the mother of the victims) and you have directed your children to CASA to get appropriate support before going to the police yourself.
89In terms of rehabilitation, you have good prospects of returning to the paid workforce upon release from prison based on your trade qualifications and previous good work record from 1993 to 2012.
90In relation to Charges 2 and 3, you are to be sentenced as a Serious Sexual Offender under the provisions of the Sentencing Act 1991.
91Section 6E of the Sentencing Act 1991 also requires that, unless I otherwise direct, with respect to Charges 2 and 3 on the Indictment, the sentence I impose is to be served cumulatively. Allowing for matters I have already outlined, in my view, it is appropriate to only impose that degree of cumulation to which I subsequently refer, reflecting, as it does, separate episodes of offending. To do otherwise may produce a sentence which is not appropriate, and which is unjust.
92I note here, the prosecution did not call for a disproportionate sentence, or for cumulation contemplated under s6D and E in the Sentencing Act.
93The Court of Appeal, in Director of Public Prosecutions v Bales [2015] VSCA 261 recently stated the appropriate law on the interrelationship between s6E of the Sentencing Act, and the principles of totality. It stated:
“It is plain that the purpose of s 6E is to require an approach to sentencing which marks specific denunciation of each offence to which the section applies. That is particularly the case when the offending involves, as it does here, a number of different victims. The legislative policy inherent in s 6E is that the offences committed against individual victims will be separate and distinct subjects of punishment. This will generally involve orders for cumulation, moderated to the extent necessary to give effect to the principle of totality so far as that can be done consistently with the policy of the section.”
94In this case, there are two individual victims of your offending. In respect of the three charges, there is one common feature or event where the two children performed sexual acts on each other. That is Occasion Ten in Charge 1 and
Occasion Six in Charge 2. The filming of that event is the basis for Charge 3. I have cumulated so much of the sentences that reflect the aggravating nature of the offending and moderated the cumulation so as to not offend against the principles of double punishment and totality.
Would you stand please?
Charge 1
95On Charge 1, you are convicted and sentenced to seven (7) years’ imprisonment.
Charge 2
96On Charge 2, you are convicted and sentenced to seven (7) years’ imprisonment.
Charge 3
97On Charge 3, you are convicted and sentenced to three (3) years’ imprisonment.
98I order that five (5) years of Charge 2 and one (1) year of Charge 3 be served cumulatively on Charge 1.
99This results in a Total Effective Sentence of thirteen (13) years’ imprisonment.
100Non-parole period of ten (10) years.
101Section 5A – I declare that the pre-sentence detention you have served of 22 days be deducted administratively from that sentence.
102Pursuant to s6F, I declare that you have been sentenced as a Serious Sexual Offender.
103Pursuant to s6AAA of the Sentencing Act, but for your plea of guilty, I would have sentenced you to a term of imprisonment of 16 years with a non-parole period of 14 years.
104I order that you be placed on the Sex Offenders Register for life. It is Class 1
offending.
105I signed the Disposal Order and I signed the section 464FZ order. I am informing you that if you don’t comply the authorities have the right to use reasonable force to take a swab from your mouth in order to get your DNA. Do you understand that?
106OFFENDER: Yes.
107HIS HONOUR: Thank you both for your assistance in this matter.
0
2
1