Director of Public Prosecutions v Levett

[2023] VCC 1418

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-02060
CR-20-00687

DIRECTOR OF PUBLIC PROSECUTIONS

v

lEONARD LEVETT

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JUDGE:	Her Honour Judge Hassan
WHERE HELD:	Melbourne
DATE OF HEARING:	23 June 2023
DATE OF SENTENCE:	18 August 2023
CASE MAY BE CITED AS:	DPP v Levett
MEDIUM NEUTRAL CITATION:	[2023] VCC 1418

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Sentence — plea of guilty – one rolled up charge of indecent assault, two rolled up charges of sexual penetration of a child aged between 10 and 16 under the accused’s care, supervision or authority. Employed as a watchman for cottages housing children who had been made wards of the State. Conviction judge alone trial 3x rape; 2x sexual penetration of a child between 10 and 16 under care supervision and authority.

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:DPP v Levett [2014] VCC 906; Bugmy v The Queen (2013) 249 CLR 571; DPP v Jarrett ( a pseudonym) [2023] VCC 752, DPP v Leishman [2023] VCC 213, DPP v Thwaites [2023] 253, DPP v Webb [2022] VSCA 85; Nathan Sabbatucci v The Queen [2021] VSCA 340

Sentence:                  Total effective sentence of 21 years and 6 months imprisonment with a new global non-parole period of 16 years imprisonment.

Section 6AAA declaration: but for the plea of guilty to these offences involving one complainant, a sentence of 8 years imprisonment with a non-parole period of 6 years would have been imposed.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J Singh	Solicitor for the Office of Public Prosecutions
For the Accused	Ms A Haban-Beer with Ms B Myers	Galbally & OBryan

HER HONOUR:

Introduction

1Leonard Levett, on 8 November 2022 you were arraigned and pleaded guilty to the following offences against Megan Gilligan[1]. One rolled up charge of indecent assault for which the maximum penalty is 5 years imprisonment and two rolled up charges of sexual penetration of a child aged between 10 and 16 who was under your care, supervision or authority. The maximum penalty for this offence is 15 years imprisonment.

[1] A pseudonym.

2On 16 December 2022 after a judge alone trial you were found guilty of 3 charges of rape against Ashley Tindale[2], for which the maximum penalty is 10 years imprisonment, and two charges of sexual penetration of a child between 10 and 16 who was under your care, supervision or authority. The victim of these charges is Jill Coombes[3]. The maximum penalty is 15 years imprisonment.

[2] A pseudonym.

[3] A pseudonym.

3The circumstances of your offending against Ms Tindale and Ms Coombes are extensively set out in my reasons for judgment and I do not intend to canvas them in any great detail here. In brief terms Ashley Tindale was born in February 1969 she was made a ward of the State and was a resident at the Tally Ho Children’s Home from around 7 December 1984 when she was 15 years and 10 months old.

4The children were placed in various cottages and Ms Tindale shared a bedroom with Megan Gilligan in the Flinders Cottage. The children were cared for by Cottage Parents and Assistant Cottage Parents.

5You worked at Tally Ho and lived at a cottage on site. Ms Tindale met you at Tally Ho and gave evidence you were regarded as “kind of a cool guy” by the residents. You were a nightwatchman with access to all the cottages at night and you also became an Assistant Cottage Parent at Flinders, abusing this position you began to sexually assault Ms Tindale in her room at night by rubbing your penis against her vagina but not penetrating her. You did this frequently every two to three weeks.

6Ms Tindale would also go with you on the “bread run”. A local bakery would donate left over bread to the home and you would drive the bread van to the shop to collect it at the end of the day. Ms Tindale would often go with you, and she gave evidence of occasions on the bread run when you forced her to masturbate your penis and on one occasion made her suck your penis.

7There were charges of indecent assault of a person under 16 and sexual penetration of a person between 10 and under 16 on the indictment in respect of your conduct involving rubbing your penis against Ms Tindale’s vagina in her bedroom and your conduct on the bread run but I could not be satisfied beyond reasonable doubt that Ms Tindale was under 16 at the relevant times, and I  therefore directed your acquittal on these charges. I however accepted Ms Tindale’s evidence that these things occurred.

8There were three occasions when you anally raped Ms Tindale in the cottage parents’ bathroom at Flinders Cottage. The first occasion occurred when Ms Tindale had been at Tally Ho around two to three terms and was a few days before she went away on a year 11 school camp.

9You came into her room at night, got her out of bed and took her to the bathroom in the staff cottage. You took her nightie off and pulled her underwear down. You positioned her with her right foot on the side of the bathtub. Ms Tindale slipped and hurt her knee. You penetrated her anus with your penis (charge 5).

10There was a second occasion which occurred when she was around 16. Ms Tindale said she remembered on this second occasion she worked out she could block out what was happening by staring at the grout between the tiles (charge 6).

11On the third occasion Ms Tindale said she had her period. She says on this occasion she was concerned she would get pregnant by being anally penetrated (charge 7).

12Jill Coombes is cognitively impaired and her evidence in chief was given in a VARE with police on 4 June 2018 and she was cross-examined at a special hearing.  Ms Coombes was made a ward of the state at the age of about 11 and sent to Tally Ho.

13In February 1986 Ms Coombes was 14 years old. She was usually a resident in the Baden Powell Cottage but on 22/23 February 1986 her cottage parents were away and she stayed in another cottage which she believed was the Churchill cottage.

14As previously discussed, one of the roles you performed at Tally Ho was nightwatchman which gave you access to all the cottages at night. On 22/23 February 1986 you went to where Ms Coombes was sleeping and took her to the church on the grounds where you penetrated her mouth with your penis and her vagina with your penis (charges 8 and 9). Ms Coombes reported what you had done. There was a police investigation but there were no adverse consequences for you.  You were not charged, and you continued to work at Tally Ho. DSC Beiser, the informant gave evidence that when she joined the police force back in 1991 there was still a requirement that the evidence of a child sexual assault complainant had to be corroborated. I am satisfied this requirement in conjunction with dated attitudes and procedures for dealing with allegations of child sexual abuse back in 1986 explain this entirely unjust outcome rather than an investigation which exonerated you.

15I turn now to the facts in respect of your plea to offending against Megan Gilligan.

16Ms Gilligan was born in April 1971. She was made a Ward of the State in 1978 and on 27 July 1984 at the age of 13 was admitted to the Tally Ho Children’s Home.

17When she arrived, she shared a bedroom with Ashley Tindale (who was then called Debbie Pool[4]). She says you were the nightwatchman, and you became a house parent when she was aged around 13 -14 years old.

[4] A pseudonym.

18In the week before the first offence, Ms Gilligan was in the shower and you were standing in the middle of the bathroom watching her shower, because she was under supervision, as she had earlier tried to commit suicide by taking tablets. You told her she was beautiful, and you wanted to know why she was so silly in wanting to take an overdose. You walked up to her whilst she was still in the shower, kissed her on the neck and said to her ‘You even make me hard’. You undid your jeans and pulled them down a little and showed her that your penis, which was still in your underpants, was erect.

19About a week later, you and Ms Gilligan were left alone in the house together. At your suggestion, you walked together down to the assistant’s room in the cottage, and once inside, you locked the door and lay on the bed. You undid your jeans and pulled your penis out of your pants. You told her to play with your penis. Ms Gilligan rubbed your penis up and down a little bit with her hands (charge 1 — indecent assault).

20You then suggested to Ms Gilligan to put your penis into her mouth, which she did (charge 2 — sexual penetration). You did not ejaculate and after she had finished giving you oral sex, you masturbated until you ejaculated. After this you pulled your pants up and left the room. Ms Gilligan followed you.

21The next incident occurred about a month later. You and Ms Gilligan went down to the assistant’s room where you locked the bedroom door and lay on the bed. You undid your jeans and pulled your penis out of your pants. You suggested to her to play with your penis. Ms Gilligan rubbed your penis up and down a little bit with her hands (charge 1 — indecent assault).

22You then suggested that she put your penis into her mouth which she did (charge 2 — sexual penetration). You did not ejaculate and after she had finished giving you oral sex, you masturbated until you ejaculated.

23The next separate incident was about a month later.  You and Ms Gilligan went down to the assistant’s room where you locked the bedroom door and lay on the bed. You undid your jeans and pulled your penis out of your pants. You suggested to her to play with your penis. Ms Gilligan rubbed your penis up and down a little bit with her hands (charge 1 — indecent assault).

24You then suggested that she put your penis into her mouth which she did (charge 2 — sexual penetration). You did not ejaculate and after she had finished giving you oral sex, you masturbated until you ejaculated.

25The next separate incident was about another month later. Ms Gilligan remembers that she was still in year 8 at the local college.  You and Ms Gilligan went down to the assistant’s room where you locked the bedroom door and lay on the bed. You undid your jeans and pulled your penis out of your pants. She rubbed your penis up and down with her hand (charge 1 — indecent assault). She then put your penis into her mouth (charge 2 — sexual penetration). You did not ejaculate and after she had finished giving you oral sex, you masturbated until you ejaculated.

26About one month later, you and Ms Gilligan went down to the assistant’s room where you locked the bedroom door and lay on the bed. You undid your jeans and pulled your penis out of your pants. Ms Gilligan rubbed your penis up and down with her hands (charge 1 — indecent assault). She then put your penis into her mouth (charge 2 — sexual penetration). You did not ejaculate and after she had finished giving you oral sex, you masturbated until you ejaculated.

27The next occasion occurred when Ms Gilligan was still in year 8 at high school and still aged 13–14 years old. The offending again took place in the assistant’s room. On this occasion, you told Ms Gilligan that you would do something different this time. You wanted to know if you could have sex. You told her to lay on the bed. You unbuttoned her top and fondled her breasts. You then inserted your fingers into her vagina. You told Ms Gilligan that it felt good, and you said that you could make it feel better. Ms Gilligan took her underpants off and you got on top of her and placed your penis into her vagina, ejaculating inside her vagina (charge 3 — sexual penetration). This is the first incident of penile/vaginal sex.

28The next separate incident occurred when you again suggested to Ms Gilligan that you go to the assistant’s room. Ms Gilligan remembers it happened in the afternoon.

29Ms Gilligan lay on the bed, and you pulled your penis out of your pants and started masturbating. You then fondled her vagina by touching under her underpants. You got on top of her and penetrated her vagina with your penis and ejaculated inside her vagina (charge 3 — sexual penetration).

30The next separate incident occurred again in the assistant’s room. You made Ms Gilligan fondle your penis and then she put your penis into her mouth (charge 2 — sexual penetration). When Ms Gilligan finished sucking your penis, you fondled her vagina and inserted your fingers into her vagina. Ms Gilligan took off her underpants and you got on top of her and inserted your penis into her vagina and ejaculated inside her (charge 3 — sexual penetration).

Victim Impact Statements

31I turn now to the victim impact statements in this matter.

32I begin with Ashley Tindale.

33Ms Tindale says that when she was 14 and was sent to Tally Ho she believed it was a place where she would be cared for and looked after properly. Instead, she was the victim of relentless sexual abuse and one of the perpetrators was you. She says, “ I feel hurt. I feel fear. I feel frustration. I felt like a prostitute for years”. She says the abuse she experienced impacted the course of her life and she has never healed. She has required psychiatric treatment and lives on a disability pension. She says she has required many hospitalisations. She says your abuse of her has affected her relationships. She says she has been emotionally unavailable to her children. She says, “I’ve had to live through the pain over and over during the years. So the cost is lifelong.”

34I turn now to Megan Gilligan.

35Ms Gilligan says, “I thought of suicide every day for 46 years and my first thought every day was how was I going to kill myself”. She says she has tried to commit suicide several times and had had numerous admissions both voluntary and involuntary to psychiatric wards. She has experienced low self-worth all her life and felt men were only interested in her for sex. She says, “The emotional trauma of this offence had a huge impact on my life, particularly my relationships with men. I was abused in my relationships and manipulated. I had trouble trusting any man as a result of this offence. I began to depend on illegal substances to cope with my feeling of unworthiness.” She says her trauma will never leave her.

36Jill Coombes did not make a victim impact statement but there is a presumption of harm, which includes future harm, to victims of childhood sexual abuse.

37I take into account the effects on your victims which have been both profoundly damaging, and enduring, in sentencing you.

Personal Circumstances

38I turn now to your personal circumstances.

39You were born in January 1964. You are presently 59 years old.

40You were born in Coleraine and grew up in Hamilton. You were one of a siblingship of six. Your family was very poor. Your father was a violent alcoholic who abused your mother and you and your siblings. You report being sexually abused when you were 8 by a neighbour.

41You were sent to Turana Boys Home at the age of 12 for a number of months. You describe this as a terrible experience.

42You returned home. At 14 you confronted your father for abusing your mother. Your mother then asked your father to leave the family home which he did. You only saw your father again on one further occasion during his life. He has since died.

43You struggled at school and left school at 14. You were illiterate only learning to read and write when you were incarcerated. You were good at sport especially cycling and at one point were state champion, but your family was unable to afford to send you to compete in the national championships.

44You used drugs recreationally in your youth, but you have no history of abusing drugs or alcohol.

45You began work at 14 at Coles, then at a bakery, and then at a pallett company. Your next job was at Tally Ho. After Tally Ho you had your own paper shredding business which was successful, employing several people. Your business was wound up when you were incarcerated in 2014.

46You were in a serious car accident after you left school and broke your back. You required extensive rehabilitation and still experience back pain.

47You met your wife Jacqui when you were 25 and you have 2 children. Both your children, now adults remain supportive of you, as does your mother, your sister Glenda, and your brother, Troy, who along with your daughter wrote character references tendered at your plea.

48You and your wife separated in 2016

49You have reported attempting suicide on several occasions after the birth of your children. You report seeking assistance from your doctor and from Beyond Blue.

50You were psychologically assessed by Dr Patrick Newton who prepared a report dated 13 May 2014 after you were convicted on four charges of rape in this Court and I will discuss your criminal convictions more fully later in these reasons.

51Dr Newton gave the opinion you experienced bouts of reactive emotional disturbance each time you faced legal problems which eventually resolved. He gave the opinion that when he saw you, you met the criteria for an adjustment disorder with mixed anxiety and depressed mood. He assessed you as being a moderate to high risk of re-offending. Dr Newton gave the opinion your sexual offending may be understood as an intense acting out to compensate for feelings of sexual inadequacy connected with your own childhood sexual abuse.

52Your offending at Tally Ho occurred between 1984 to 1986 when you were only aged around 20 to 22 years old.

53You had a relatively minor criminal history with two appearances in the Magistrates’ Court for offences of assault occasioning actual bodily harm and assault in company, using threatening words, and being found with an offensive weapon, on each occasion you were fined without conviction.

54Your subsequent criminal history is quite another matter.

55In Shepparton Magistrate’s Court in October 2010, you were convicted and sentenced to a 12 month aggregate sentence for two charges of indecent act with a child under 16. You became a registered sex offender for 15 years. Your victim was 14 years old and the daughter of a business owner in the Shepparton area with whom you had a business relationship.[5]

[5] DPP v Levett [2014] VCC 906 at [33].

56In May 2013 at the Dandenong Magistrates’ Court you were convicted and fined for failing to comply with your obligations as a registered sex offender.

57On 6 June 2014 you were sentenced in this court to 13 years imprisonment with a non-parole period of 9 years and 6 months on four charges of rape. You were convicted by jury verdict after a trial in which the two complainants were subjected to lengthy cross-examination with one being repeatedly called a liar. The sentencing judge described your conduct as “egregious examples of rape by a stranger”.[6]

[6] Ibid at [12]

58The circumstances of your offending involved two attacks on strangers one in April 1992 and one in August 1996. These offences came to light after a DNA match was obtained with your reference sample put on the database after your 2010 conviction.

59Your 1992 victim as raped orally and vaginally by you penetrating her with your penis. She was out walking when you jumped out of bushes and attacked her. She was medically examined and had multiple bruises and abrasions, including abrasions around her genital area and a split in the skin of the posterior fourchette of her vagina.

60Your 1996 victim was out walking her dog when you approached her, attacked her and raped her twice by inserting your fingers into her vagina and introducing your penis in her mouth.

61The sentencing judge described your conduct as abhorrent and found you had demonstrated a total lack of remorse.[7]

[7] Ibid at [40] – [41]

62You remain in custody for these offences.

63You were sentenced in the Magistrates’ Court at Melbourne in February 2016 for a further charge of indecent act with a child under 16 for which you were sentence to 18 months imprisonment, 6 months of which was to be served cumulatively upon the non-parole period of your 2014 convictions and therefore fixing a new non-parole period of 10 years. You have served approximately nine years of your sentence.

Submissions

64I turn now to the submissions of the parties.

65I begin with the submission made by your counsel, Ms Meyers.

66Ms Meyers acknowledged the very serious nature of your offending and the inevitability of a sentence of imprisonment. In mitigation she relied on the following matters.

67First, your plea of guilty in respect of Ms Gilligan. This was a plea on the eve of trial and after this matter was affected by very lengthy delays due to the Covid-19 restrictions, but it is a plea and has saved Ms Gilligan the trauma of giving evidence, as well as expediting the time of the trial. She submitted your plea remained significant given the continuing strain on the criminal justice system and was indicative of remorse on your part.

68Secondly, she relied on your conduct as a prisoner. You have been consistently employed in custody; you have worked as a peer educator helping new prisoners experiencing distress. You have taught yourself to read and write and have completed numerous courses.  In 2018 you were assessed for offence specific treatment.  You have as yet not received any treatment but you remain prepared to engage.

69Thirdly, she relied on your youth at the time of your offending. You were aged between around 20 – 22 years old.

70Fourthly, she relied on the application of Bugmy[8] principles. She submitted you had experienced profound childhood deprivation including sexual abuse, family violence and your father’s alcoholism to the extent your moral culpability should be moderated. She submitted your account in instructions and in Dr Newton’s report is supported by your mother and your brother in their references to the court.

[8] Bugmy v The Queen (2013) 249 CLR 571

71Fifthly, she relied on the considerable delay between the commission of these offences and their finalisation. She submitted the failure to charge you in 1986 has occasioned you some unfairness. She submitted your trial having been repeatedly adjourned during the period of Covid-19 has caused you to lose a greater opportunity for concurrency with the sentence you are presently serving. She submitted having served nine years of your current sentence you have lost the opportunity for a significant amount of concurrency.

72Sixthly, she submitted you have spent the entire period of the pandemic in custody which has been particularly onerous.

73Seventhly, she submitted your progress in custody, including your preparedness to engage in treatment in conjunction with your continued family support bode well for your rehabilitation.

74Finally, she submitted the principle of totality and the lengthy sentence you are serving called for significant concurrency and that the Court should refrain from significantly increasing the head sentence and non-parole period.

75She referred me to a number of comparator cases and cases which discussed relevant sentencing principles in particular the application of the principle of totality.[9]

[9] DPP v Jarrett ( a pseudonym) [2023] VCC 752, DPP v Leishman [2023] VCC 213, DPP v Thwaites [2023] 253, DPP v Webb [2022] VSCA 85.

76I turn now to the submissions of Mr Singh of counsel on behalf of the Director.

77Mr Singh submitted your offending was very serious and involved a gross breach of trust.

78He acknowledged the application of the principle of totality given you have served most of the non-parole period of your current lengthy sentence.

79He submitted you fall to be sentenced as a serious sexual offender on all charges and accordingly, community protection is a major sentencing consideration, and all sentences should be served cumulatively unless otherwise ordered. He did not submit a disproportionate sentence was required but submitted your offending required significant cumulation on your head sentence and the setting of a new global non-parole period which was reflective of the totality and gravity of your offending.

Objective Gravity and Moral Culpability

80I turn to my own assessment of the objective gravity of your offending and your moral culpability.

81This was very serious offending against three defenceless and vulnerable young women. Your three victims were all wards of the state, living in care, away from their families, in an environment where they were preyed upon and not protected.

82You abused your role, in particular your access to the residents at night, to sexually abuse your victims subjecting each of them to multiple acts of penetration. Your offending involved a significant breach of trust and abuse of power. You did not use a condom and on one occasion with Ms Gilligan you ejaculated into her vagina putting her at risk of pregnancy.

83You have pleaded guilty to three rolled-up counts in respect of Ms Gilligan. One of the benefits to you by virtue of your plea of guilty is that although each charge involves multiple incidents you are sentenced under a single maximum penalty. In assessing the gravity of your offending and its effects on Ms Gilligan I do however take into account, the totality of your criminality encompassed by these charges.

84This was objectively very serious offending. I regard your moral culpability as very high, although moderated to an extent because you were a very young when you committed these offences some  37 – 39 years ago, a time when neither you, nor the community at large, appreciated the devastating consequences of childhood sexual abuse.

Application of Sentencing Principles

85The sentencing principles of general and specific deterrence, denunciation, just punishment and community protection are all engaged in sentencing you.

86In respect of Megan Gilligan I take into account your plea of guilty and I sentence you in accordance with the principles set out in the case of Worboyes.[10]

[10] [2021] VSCA 169

87While I acknowledge that you accept your criminal responsibility for your offending against Ms Gilligan, I cannot find that you have shown any real or insightful remorse for any of your offending. I have no material before me which allows me to make that finding. Your preparedness to engage with sex offender treatment in custody in 2018 is not referrable to these offences.

88I am unpersuaded that any sentence to be imposed on you should be moderated by the application of Bugmy principles. Your childhood was difficult and disadvantaged in the ways that have been described, however I am unable to conclude that your background offers any explanation about how you came to commit theses offences in a way that would bear upon my assessment of your moral culpability.

89In the case of Sabbatucci[11] the Court of Appeal said on the application of Bugmy principles, “The question for the sentencing court is whether, and to what extent, ‘the moral judgment expressed through sentencing’ is affected by the circumstances of disadvantage relied on…the evaluation will depend on the Court’s assessment of the nature and circumstances of the offence, and the nature and severity of the disadvantage and whether it can be seen to be in any way explanatory of the offending conduct.”[12]

[11] Nathan Sabbatucci v The Queen [2021] VSCA 340

[12] Ibid at [26]

90In your case, despite your difficult childhood you have achieved. You have in fact led something of a double life. On one hand you were a champion cyclist in your youth. You operated a successful business for many years. Although you separated in 2016, you enjoyed a long and successful marriage, and you continued to enjoy good relationships with your mother, siblings, and your children. You have never abused drugs or alcohol. You have therefore in many ways, had a productive and successful life and have enjoyed good and loving relationships. I reject therefore that your background set you on a path to criminality. On the other hand you are a recidivist sexual offender and I have nothing before me which explains why this is so. Dr Newton’s 2014 opinion that you act out of a sense of sexual inadequacy perhaps occasioned by your own childhood abuse, is in my view no explanation, let alone excuse, for your very serious sexual offending on multiple occasions over the years.  I can only conclude your crimes are opportunistic and predatory.

91You have been in jail a long time. I accept the submission of your counsel that you have done all you can to use your time productively, including learning how to read and write. I accept that the conditions in jail have been difficult, and you have been in custody during the entirety of the Covid-19 pandemic.

92The application of the principle of totality is an important consideration in sentencing you. The delay in finalising these matters which is attributable partly to you contesting them but is also attributable to the delay in reporting and the delays caused by the Covid-19 pandemic have meant you have lost the opportunity for significant concurrency on your current sentence, and I take that into account in sentencing you. However, weighted against this consideration is the application of the Serious Sexual Offender provision which mandate cumulation unless otherwise ordered. Of course, I will not fully cumulate the sentences on these offences that would produce a completely unrealistic outcome, but in coming to a sentence that is just and proportionate I take into account and will endeavour to reconcile as best I can these competing sentencing objectives, as well as giving proper expression to all the relevant sentencing principles, and will endeavour also to formulate a sentence reflective of the very grave nature of your crimes.

93I regard your risk of re-offending as low and your prospects of rehabilitation as good. You inevitably face many more years in jail given the seriousness of your crimes. You are now almost 60. The risk you pose will therefore in my view be significantly diminished given your advancing age.

Sentence

94Taking into account all the matters I am required to under the Sentencing Act 1991 (Vic) and matters personal to you I intend to sentence you as follows.

95On the trial indictment.

96Charge 5 – you are convicted and sentenced to 5 years imprisonment.

97Charge 6 – you are convicted and sentenced to 5 years imprisonment.

98Charge 7 - you are convicted and sentenced to 5 years imprisonment.

99Charge 8 – you are convicted and sentenced to 6 years imprisonment.

100Charge 9- you are convicted and sentenced to 6 years imprisonment.

101Charge 8 is the base charge. I direct that one year on charges 5, 6, 7, and 9 be served cumulatively upon charge 8 and upon each other. That makes a total effective sentence of 10 years imprisonment.

102On the plea indictment.

103On charge 1- you are convicted and sentenced to 2 years imprisonment.

104On charge 2 – you are convicted and sentenced to 4 years imprisonment.

105On charge 3- you are convicted and sentence to 4 years imprisonment.

106Charge 2 is the base charge I direct that 1 year of the sentence on charge 1 and 1 year of the sentence of charge 3 be served cumulatively upon the base charge and upon each other. That make a total effective sentence of 6 years imprisonment.

107I direct that 3 years of the sentence on the plea indictment be served cumulatively with the sentence imposed on the trial indictment. That makes a total effective sentence of 13 years imprisonment.

108Pursuant to section 18 (4) of the Sentencing Act I declare you have served nil days of the sentence I have imposed.

109I sentence you as a serious sexual offender on all charges and I direct that this be entered into the records of the Court.

110I direct 8 years of this sentence be served cumulatively upon the sentence you are now serving making a total effective sentence of 21 years and 6 months imprisonment. I set a new global non-parole period of 16 years imprisonment.

111Pursuant to section 6AAA of the Sentencing Act had you pleaded not guilty in respect of the charges involving Ms Gilligan I would have sentenced you to a total effective sentence of 8 years imprisonment with a non-parole period of 6 years.

112Pursuant to the provisions of the Sex Offender Registration Act you are registered sex offender for life.