Director of Public Prosecutions v Lim

[2024] VCC 2128

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 24-01072

DIRECTOR OF PUBLIC PROSECUTIONS

v

ELVIS LIM

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	3 December 2024
DATE OF SENTENCE:	3 December 2024
CASE MAY BE CITED AS:	DPP v Lim
MEDIUM NEUTRAL CITATION:	[2024] VCC 2128

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director	Ms O. Kefford	Office of Public Prosecutions
For the Accused	Ms A. Hughes	Emma Turnbull Lawyers

HIS HONOUR: 

1Elvis Lim, subsequent to a sentence indication hearing before me you pleaded guilty to one charge of supplying a drug of dependence to a child, one charge of sexual assault of a child, that being a rolled‑up charge, one charge of handling stolen goods, and one charge of possessing a drug of dependence.

2The facts of your offending are set out in Exhibit A, the summary of prosecution opening for sentence indication.  I was informed by your counsel that I could treat that document as an agreed statement of fact, and I incorporate it into these reasons for sentence, and I sentence you on the basis of the facts set out therein.

3Very briefly stated, on 6 January of this year at about 2 am, you came into contact with a 13-year-old girl at Southern Cross Station.  She told you she was 13.  You took her to a disabled toilet and persuaded her to smoke methamphetamine from an ice pipe. 

4Later, at about 5 am, the 13-year-old and another female accompanied you to a bathroom.  You smoked methylamphetamine and blew the smoke into the 13-year-old victim's mouth.  You pushed her onto yourself and kissed her several times and attempted a number of times to put your hands down her pants.  On one occasion you succeeded in doing so. 

5When she got out of the bathroom your victim tried to text for help, before getting assistance from a V-Line employee to telephone police.  Protective Service Officers, Police and paramedics all attended, and the victim was taken to the Royal Children's Hospital in a drug affected state.

6At 6.53 am you were arrested at Southern Cross.  A bong and a crack pipe were seized.  Items of clothing with store tags were located in your possession.  When searched at Melbourne West police station 0.48 grams of white powder, methamphetamine, was located in your wallet.

7You were interviewed by police and admitted possessing methamphetamine and to kissing and cuddling your 13-year-old victim.

8The offences to which you have pleaded guilty are serious criminal offences.  Charge 1, supplying a drug to a child has a maximum penalty of 15 years' imprisonment.  Charge 2, sexual assault of a child has a maximum penalty of 10 years' imprisonment.  Charge 3, handling stolen goods, a maximum penalty of 15 years.  And less seriously, Charge 4, possession of a drug of dependence, has a one year maximum penalty or fine.

9Charge 2, sexual assault of a child, is a standard sentence offence pursuant to the Sentencing Act1991.  A prescribed standard sentence for this offence is four years' imprisonment.  A standard sentence is a legislative signpost that the court can take into account as part of its intuitive synthesis of relevant factors in determining an appropriate sentence for your offending.

10You have admitted an extensive prior criminal record.  Between May 2011 and December 2023 you have been imprisoned multiple times for charges that include possess cannabis, weapons offences, dealing with suspected proceeds of crime, trafficking in methylamphetamine, intentionally causing injury, possession of heroin and methylamphetamine, motor car offences, aggravated burglary, armed robbery, and theft.  You have breached numerous community corrections order over that period and indeed, you were undergoing a community corrections order when you committed these offences.  You have no prior sexual offending in your record.

Personal circumstances

11Your personal history is set out in Exhibit 2, the psychological report of Jane Bidjossian. You are 35 years old, being born in East Timor.  At age three you came to Australia with your parents and brothers and sisters.  You lived in Sydney to the end of primary school, then moved to Melbourne for several years, before returning to Sydney when you were 18. You left home, became homeless and developed a drug dependency on methylamphetamine. You education had included attending TAFE for Years 9 and 10, before working as a boilermaker in Sydney, and briefly in warehousing in Melbourne.  Your substance abuse saw you cease employment at the age of 21.

12Your drug use has led to a diagnosis of schizophrenia at the age of 25 and currently you take anti-psychotic medication.  Your mental issues are the product of your drug-related psychosis.  That drug use and related offending has seen you spend seven of your past 10 years in custody.

13Your prospects for rehabilitation are gloomy, very much so.  You risk institutionalisation in prison.  Not surprisingly you are depressed, anxious, and have PTSD.  Your drug issues are severe, and your future prospects are entirely reliant on controlling your drug issues.

14Your counsel provided written submissions, Exhibit 1, and submitted your offence fell in the low level example of these offences.  As discussed on your plea, I disagree with that assessment and I regard the offences as mid-level examples of Charges 1-3.

15That said, I accept that you did not supply your victim with drugs with a view to sexually assaulting her.  Your sexual offending was opportunistic and drug-influenced, even if it was persistent.

16In mitigation of your offending, I take into account your pleas of guilty.  That represents acceptance of responsibility for your conduct.  You have saved the community the time and expense of a trial and your victim the trauma of giving evidence.  You are entitled to and shall receive a reduction in sentence to reflect those pleas of guilty.

17Secondly, I take into account your deprived and troubled childhood.  There is no surprise that you ended up where you are.  Your moral culpability is reduced accordingly.

18Thirdly, I accept that you will find custody more onerous than would someone without your psychological issues, and that those issues may be increased whilst you are in custody.

19Your counsel properly conceded that nothing other than a term of imprisonment is appropriate for your offending.  Your acceptance of the court's sentencing indication similarly acknowledges that reality.

20On all charges you are convicted.

21On Charge 1, supplying a drug to a child, you are sentenced to two years' imprisonment.

22On Charge 2, sexual assault of a child, a rolled-up count, you are sentenced to three years' imprisonment.

23On Charge 3, handling stolen goods, you are sentenced to six months' imprisonment.

24On the charge of possessing a drug of dependence, you are sentenced to seven days' imprisonment.

25I order that one year of Charge 1, and three months of Charge 3 be served cumulatively on Charge 2, which I declare to be the base sentence.  That is an effective term of imprisonment of four years and three months and I order that you serve two years and six months before being eligible for parole.

26I declare that 332 days of the sentence I have just imposed has already been served by way of pre‑sentence detention, not including today. 

27You will be subject to the Sex Offenders Registration Act registration for eight years in respect of Charge 2. 

28I make the disposal and forfeiture orders sought by the prosecution. 

29I indicate pursuant to s6AAA of the Sentencing Act 1991 that but for your pleas of guilty, I would have imposed an effective term of imprisonment of six years with a non-parole period of four.

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