Director of Public Prosecutions v Mawer

[2016] VCC 1810

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-00207

DIRECTOR OF PUBLIC PROSECUTIONS

v

DALE LANCE ANTHONY MAWER

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	24 November 2016
DATE OF SENTENCE:	25 November 2016
CASE MAY BE CITED AS:	DPP v Mawer
MEDIUM NEUTRAL CITATION:	[2016] VCC 1810

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R.B. Hammill	Office of Public Prosecutions
For the Accused	Mr A. Halphen	Doogue O’Brien George

HIS HONOUR:

1Dale Lance Anthony Mawer, you have pleaded guilty to one charge of rape contrary to s.38 of the Crimes Act 1958. The maximum penalty for that offence is 25 years imprisonment.

2You have no prior convictions, subsequent convictions or outstanding charges.

3You pleaded guilty following committal proceedings and the matter being listed for trial, and so it cannot be said that yours is an early plea.  However, your plea was entered in circumstances where you have little recall of your offending and it has relieved the complainant of the ordeal of giving evidence.  I have taken your plea into account in your favour in mitigation of sentence.

4A prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows - 

5On 7 February 2015 you and the complainant attended a party at premises in Cranbourne North.  You were not known to each other.  At the time the complainant was 16 and you were 18.

6Both of you were consuming alcohol in substantial quantities and you both became heavily intoxicated.  In the early hours of the morning you and the complainant walked to a nearby park.  Following mutual kissing you convinced the complainant to sit on the grass.  You then placed your body over hers and after attempting to push your penis towards her mouth you penetrated her vagina with your penis.

7She was not consenting to this and she told you so repeatedly.  She raised her voice and was crying during your assault on her.  Her friends heard her cries and discovered you both, at which time you dressed and left the area.  Sometime later the incident was reported to the police and the complainant underwent a medical examination at the Monash Medical Centre.

8You were interviewed by investigating police on 9 February 2015 and stated that you had little recollection of the events in question by reason of your intoxication.  Following the interview you were released.  You were charged with the offences of rape and attempted rape on 15 June 2015.

9You were committed for trial on 15 February 2016.  There has therefore been a delay of almost two years in the final resolution of this matter. 

10A victim impact statement of the complainant and a victim impact statement of her mother were read to the court and tendered in evidence, and I accept that your offending has had a deeply traumatic effect upon them.

11Your offending has also caused your own family great hardship and distress.  Rape is an extremely serious offence and the sentence that I impose must be calculated to deter you and others from offending in this way.  Vulnerable young women such at the complainant in this case must be protected from offending of this nature by the courts and you must be punished for your criminal conduct.

12I now turn to your personal circumstances.  You were born on 30 June 1996 and you are now aged 20.  You are a young first offender and the applicable principles in relation to sentencing in such cases are well established.  Your counsel referred me to a number of decisions of the Court of Appeal where those principles were enunciated, including R v Webster [2016] VSCA 66 and R v Evans [2003] VSCA 223.

13Your parents separated when you were a young child and it would appear that you suffered a degree of disruption in your development following this.  You attended a number of different schools and lived in the USA for eight months when your mother moved there to reside with a man that she had met online.

14You have an older sister who is studying nursing.  You completed Year 12 at the Hallam Sports Academy and are now employed as a qualified machine operator.  You are a talented sportsman and played TAC Cup for the Sandringham Dragons for three seasons.

15I have received in evidence a body of character references all attesting to your good character and personal qualities.  I have also received in evidence a psychological report of Ms Carla Lechner, a consulting and forensic psychologist, detailing your developmental history and psychological profile.  You do not suffer from any psychological or psychiatric illnesses and do not use illegal drugs of dependence.  You, however, require counselling and appropriate treatment for the abuse of alcohol.  I accept that you are deeply remorseful for your offending and I also accept that your prospects for rehabilitation are very good.

16This is a tragic case.  Much harm has been caused to the victim and to her family and to those close to you and to your family.  Alcohol abuse and the objectification of women played an all too common role in these events.

17The prosecution accept that the purposes for which this sentence is to be imposed may be met by the imposition of a Community Correction Order, and I have had you assessed for suitability for such a disposition.  I have received a report from Corrections Victoria stating that you are suitable for such a disposition and I have decided that in all the circumstances of this case it is the appropriate proportionate penalty for me to impose.

18Would you stand up please?  In the result the sentence of the court is as follows–

19On the charge of rape you are convicted and sentenced to a Community Correction Order for a period of two years on the core conditions provided for in the Sentencing Act.

20I further order the following special conditions.  One, you undertake treatment and rehabilitation in relation to alcohol abuse.  Two, you undertake programs to reduce reoffending, in particular to the Sex Offenders Program.  Three, you undertake 150 hours unpaid community work during the period of the order, and, four, you be under the supervision of a community correction officer for the period of the order.

21Do you agree to entering an order in those conditions?

22ACCUSED:  Yes, Your Honour.

23HIS HONOUR:  Further, I order that you be placed on the Sex Offender Register for a period of 15 years.  My associate will provide you with information in that regard.  Thank you.  You can be seated while the order is prepared.  Are there any further orders required, Ms Denham?

24MS DENHAM:  No, Your Honour.  The only other thing was the retention of a forensic sample which I understand is automatic.

25HIS HONOUR:  That is automatic, yes.  Your obligations under the Community Correction Order will be explained to you, Mr Mawer, together with your obligations in respect of the Sex Offender Register that you are now on for a period of 15 years.  You can step out of the dock and sign the CCO.

26Just take a seat.  You do not have to go back into the dock.  You can sit down.  We'll adjourn now.

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