Director of Public Prosecutions v Mayfair (a pseudonym)
[2025] VCC 521
•29 April 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION SEXUAL OFFENCES LIST | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON MAYFAIR (A PSEUDONYM) |
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JUDGE: | HER HONOUR JUDGE CANNON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 April 2025 | |
DATE OF SENTENCE: | 29 April 2025 | |
CASE MAY BE CITED AS: | DPP v Mayfair (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 521 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence – Two criminal trials conducted – Accused pleaded not guilty to all chargesꟷ First trial jury verdicts of guilty on some charges on Indictment but unable to reach verdicts on others – Second trial in respect of those charges where the jury at the first trial could not reach verdicts – Jury verdicts at second trial guilty on all remaining charges – Offences - Indecent act with a child under the age of 16 (7) - Sexual assault of a child under the age of 16 (2) - Encouraging a child under the age of 16 to engage in, or be involved in, sexual activity (1) - Incest by a step-parent (1) – Verdicts in both trials mixed either unanimous or by majority or unable to reach verdicts – Accused was victim’s stepfather – Offending occurred either in the family home or in a car – Accused maintains innocence in relation to all charges – Limited criminal history – Expert opinion - Demonstrates symptoms of anxiety and depression indicative of being 'likely to be mildly psychologically distressed - No symptoms of underlying psychological or psychiatric disorder at a clinical level - Capable of reflective and consequential thinking - Offending behaviour 'indicates paedophilic/hebephiliac sexual interests that appear to be centred on the victim'.
Legislation: Sex Offenders Registration Act2004
Sentence: Convicted and sentenced to Total Effective Sentence 8 years’ imprisonment with non-parole period of 5 years and 4 months’ imprisonment – 153 days’ pre-sentence detention declared as having already been served as part of the sentence imposed – Sex Offender registration for Life – Declared serious sexual offender
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A. Buckland | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr R. Nathwani SC (First trial) Ms M. Grant (First and Second Trial) | Dribbin & Brown |
HER HONOUR:
1Jason Mayfair,[1] you have been found guilty of a number of offences as follows:
[1] A pseudonym.
2At the first trial on Indictment No.M10375861.1, on 27 February 2024, a jury found you guilty of two charges of indecent act with a child under the age of 16 (Charges 4 and 8 on that indictment); one charge of sexual assault of a child under the age of 16 (Charge 9) and one charge of encouraging a child under the age of 16 to engage in, or be involved in, sexual activity (Charge 11).
3The jury at the first trial were unable to reach verdicts in respect of all charges on the indictment, so you faced a second trial in respect of those charges, being those charges where the jury at the first trial could not reach a verdict.
4At the second trial in respect of Indictment No.M10375861.1A, on 27 November 2024 a jury returned verdicts of guilty in respect of five charges of indecent act of a child under the age of 16, (Charges 1, 2, 4, 5 and 6 on that indictment); one charge of incest by a step-parent, (Charge 3), and one charge of sexual assault of a child under the age of 16 (Charge 7).
5The maximum penalties in relation to the offences you have committed are as follows:
6Indecent act with a child under the age of 16; sexual assault of a child under the age of 16; and encouraging a child under the age of 16 to engage in, or be involved in, sexual activity – each have a maximum penalty of 10 years' imprisonment.
7Incest by a step-parent has a maximum penalty of 25 years' imprisonment.
8I must have regard to the maximum penalties, as these reflect the seriousness with which Parliament regards each of the offences.
9I sentence you on the following factual basis:
10The offences that you committed occurred either at the family premises where you and the victim, Rebecca Knight,[2] resided, in Seville, Victoria, or else in the car, on the way to collect takeaway.
[2] A pseudonym.
11According to the indictments, the offences were alleged to have occurred on various occasions during an overall date range of between 16 October 2012 and 22 January 2019. However, it is accepted by the prosecution, agreed by the parties, and I accept for the purposes of sentencing you, that in keeping with evidence given at trial, at the least, your offending occurred over the course of about three years. As I cannot be satisfied that the offending occurred over a broader expanse of time, I sentence you on the basis that the offending occurred over the course of about three years.
12You were born in October 1980. Rebecca Knight was born in January 2007.
13During the period of offending, you were aged 34 to 37 and Rebecca Knight was aged 7 to 11 years.
14At the time of the offending, you were married to the victim's mother, Fiona Knight.[3] You had met her on the internet in 2010 and toward the end of 2010, you started co-habiting. You married in May 2012.
[3] A pseudonym.
15During the period of the offending, you, three of your children from a previous relationship, the victim, the victim's mother and Ms Knight's other children, lived in a rented four‑bedroom double storey house in Seville. The victim had an older sister, and four younger siblings.
16You worked as a boilermaker.
17During the period of the offences, you were the victim's stepfather, first meeting the victim when she was three years old.
18The house in Seville was situated on three acres of land. You and Fiona Knight occupied the master bedroom upstairs.
19On 16 October 2012, you bought a ride-on mower from 'Yarra Valley Motors and Chainsaws'. You would maintain a substantial area of grassland on the property.
Second trial Charge 1 – indecent act with a child under the age of 16 years
20On an occasion when the victim was aged between seven and nine years of age, you were using a ride-on mower to mow the grass paddocks surrounding the rental property at Seville. You were aged between 34 and 36 years at the time.
21The victim was sitting in front of the seat of the ride-on mower while you were mowing the paddocks. At one stage you grabbed her hand and moved it behind her back. You then placed her hand onto your penis over the top of your clothes.
22The victim could feel your penis. She repeatedly pulled her hand away however, you responded by repeatedly taking hold of her hand and placing it back onto your penis over your clothes. The victim could feel that your penis had become erect.
Second trial Charge 2 – indecent act with a child under the age of 16 years
23On an occasion when the victim was aged between seven and eight years of age, she was playing on a trampoline at the Seville property. You came out of the garage and approached her. You asked her to lift her top and 'flash' her breasts. The victim was very nervous, but she complied with your request, lifting her top to show you her breast area. The complainant was not wearing a bra under her top and her breasts had not yet begun to develop.
24You were aged between 34 and 35 at the time.
Second trial Charge 3 ꟷ incest by a step-parent
25On an occasion when the victim was aged about seven years, she was in the backyard of the property and decided to walk through the garage to the front yard of the house. In order to access the front yard, she was required to walk through the laundry area, which was at the back of the garage.
26As she approached the laundry, she noticed that the laundry door was shut. She knocked on the door to make sure no‑one was in the laundry, as there was a toilet in the laundry which was open to the laundry room. After she knocked, you yelled out, 'Yeah, I'm in here'. The victim then warned you that she was coming through the laundry, bearing in mind that there was no door at the front of the toilet area in the laundry.
27As the victim entered the laundry, you walked out of the toilet area. You were completely naked. You then placed your hand on your penis and looked down at your penis before saying 'suck it'.
28The victim then knelt down and put her hands on your hips. You told her to open her mouth, and she complied. You then placed your penis into the victim's mouth and used your hand to push the back of the victim's head, so that your penis moved in and out of her mouth.
29The victim found it difficult to breath, as she was forced to breath out of her nose. She tried to pull her head away from you, but you placed your hand on her head and pushed her forward, causing your penis to enter into her mouth again.
30You were about 34 years old at the time.
First trial Charge 4 – indecent act with a child under the age of 16
31On an occasion when the victim was aged between seven and eight years, you grabbed her by the wrist and asked her to come into the garage with you.
32When you both went inside, you again asked the victim to 'flash'. The victim then lifted her top, exposing her breast area to you.
33You were aged between 34 and 35 year at this time.
Uncharged conduct – context
34During the period of the offending, you regularly asked the victim to 'flash'. She had learnt that you wanted her to lift her top and expose her breast area when you said this word. She said that you would ask her to do this a couple of times a week and she would comply. This evidence was led by way of uncharged conduct at the trial and for the purposes of context in respect of the plea hearing. You are not to be sentenced in respect of this uncharged conduct.
Second trial Charges 4 and 5 – indecent act with a child under the age of 16
35On an occasion when the victim was aged eight to 11 years, her mother had gone away with friends to Peninsula Hot Springs on the Mornington Peninsula. You stayed at home with the victim and her siblings.
36During the night, you told the victim that you wanted to sleep with her and cuddle her. The victim said 'okay'. You then grabbed hold of her arm and walked her upstairs to her bedroom. While walking upstairs, the victim told you that she wanted to go back to her own bed. However, you continued to pull her into your bedroom.
37You then got into bed with the victim and made her place her hand on your penis on top of your clothing. She recalled that you made her 'squish' your penis while you lay on the bed.
38You then lay on your side and removed the victim's pants and underwear, and placed your hand onto the victim's vagina, rubbing it with your fingers.
39Subsequently, you fell asleep while you were lying behind the victim and cuddling her. The victim could feel your penis against her buttocks before she fell asleep.
40You were aged between 34 and 37 at this time.
Second trial Charge 6 and first trial Charge 8 – indecent act with a child under the age of 16
41On an occasion, when the victim was aged 10, she travelled with you to collect some takeaway food for dinner. At this time, you were between 36 and 37 years old.
42The victim was sitting in the front passenger seat of your utility vehicle as you drove. While driving, you grabbed the victim's hand and told her to 'grab it'. You then moved her hand and placed it onto your penis on top of your clothing, giving rise to Charge 6 at the second trial.
43On the same occasion as Charge 7, you placed your hand onto the victim's lap and began to rub her vagina with your fingers through her clothing. This gives rise to Charge 8 at the first trial.
44The victim noticed that your penis became hard while she had her hand touching it over your clothing.
Uncharged acts
45The victim said there were three to five occasions between 23 January 2017 and 22 January 2019 when you took her to collect takeaway food in your utility, when you placed her hand on your penis over your clothes and touched her on the vagina over her clothes. Again, this evidence provides context information only for the purposes of sentencing and you are not to be sentenced in relation to it.
First trial Charge 9 – sexual assault of a child under the age of 16
46On an occasion when the victim was 11 years old, you again took her with you to collect some takeaway food for dinner. You were aged about 37 at the time. You again took hold of the victim's hand and placed it on your penis on top of your clothing. You moved your hand so that the complainant could feel underneath your penis. She noticed that your penis became hard while she was holding it.
Second trial Charge 7 – sexual assault of a child under the age of 16
47On an occasion when the victim was 11 years old, she again accompanied you to collect takeaway food for dinner. On this occasion, while you were driving, you unzipped your fly and grabbed the victim's hand, placing it into your penis. You placed the victim's hand onto your penis, underneath your boxer shorts, giving rise to Charge 7. You encouraged the victim to grab your penis, and she felt your penis change from soft to hard while it was in her hand. You continued to drive while she was holding your penis.
48You were about 37 years old at this time.
First trial Charge 11 – encouraging a child under the age of 16 to engage in a sexual act
49On an occasion when the victim was about 11 years old, and you were 37, you were in the garage at the Seville house, when the victim walked into the garage with her dog. She was afraid because of what had happened in the past.
50You were standing beside the ride-on mower. As the victim walked through the garage you said, 'lift up your top'. The victim, who was wearing a bra as she had begun to develop breasts, lifted up her top, exposing her breasts to you. She was wearing a bra and did not lift that up. You looked at her and told her to keep it quiet, before walking away.
51Rebecca Knight began to cry after this incident and went in to sit on the couch inside the house. Her mother noticed she was crying and sat next to her. She continued to cry and found it difficult to talk. She then told Fiona Knight what had just occurred. Her mother asked if it had occurred on any other occasions and the victim told her that it was the only time. She said this because she did not want to cause her mother and you to break up.
52Fiona Knight then confronted you about the disclosure. You admitted that the incident had occurred. You told Fiona Knight than when the victim wanted her phone you would make her flash her boobs at you before giving it to her. You claimed that this was a mistake and you did not mean anything sexual by it.
Subsequent disclosures
53On an occasion in 2019, the victim began to cry in class and disclosed the offending to her friend. She told her friend that you would touch her and that you had taken her up to your room when her mother was not at home to 'do stuff to her'.
54The victim told her friend that you had 'fingered her' and that 'things' happened in the garage. She also mentioned that you would sit her on your lap and make her touch your penis when you were on the lawnmower.
55On 9 May 2019, Fiona Knight separated from you. You moved out of the house in Seville and lived with your parents in Hamilton for a few days, before moving to live with your friends in Montrose. Fiona Knight continued to live in the rented property in Seville with the children.
56On 18 June 2020, Fiona Knight went into the victim's bedroom and found her on the bed crying. The victim said, 'You know that stuff with [Jason] … there's more … than the flashing of the boobs'. The victim then disclosed further offending to Fiona Knight, telling her that since she was small you had made her do things, like when you were on the ride-on mower together, you would grab her or get her to rub you. She also told her mother than when she and you would drive to get fish and chips, you would get her to rub you and you would rub her. She said that the rubbing on the lawnmower and on the way to the fish and chip shop was over the top of the clothing, and you would take her into the garage/laundry area and get her to rub you, and that one time in the laundry or garage, you had your pants down and made her put her mouth over your penis. She also told her mother that there was one time when Fiona Knight was not home that you made her go upstairs onto their bed and get naked together, lying down.
57Ms Fiona Knight recalled that you would take the victim with you when collecting takeaway for the family dinner.
58On an occasion after you and Fiona Knight separated, the victim told her stepsister, Emma Doon,[4] that you had made her flash her boobs.
[4] A pseudonym.
59The victim made a further disclosure to her friend in 2020.
60On an occasion while you were staying with your friend, Siena Acland,[5] after you and Fiona Knight had separated, you told Acland about an incident that occurred when the victim was on the trampoline. You told her that a few years earlier, the victim had been on the trampoline with the kids and had been lifting her top up and flashing herself. You said Rebecca got off the trampoline and asked you if she could have her iPad and you jokingly said 'if you lift your top up again'. You told Ms Acland that the victim did lift her top up and that it was awkward as you did not expect her to do this. When Ms Acland asked you if anything else had happened you said that it had not.
[5] A pseudonym.
61On 8 July 2020, Rebecca Knight made a formal recorded statement with the police.
62On Monday 17 August 2020, police attended your home which was in Mooroolbark at that stage. You were cautioned and placed under arrest and you were subsequently interviewed.
63In the course of the record of interview you said the following things:
64You admitted that the victim was your stepdaughter and that you had separated from her mother on 9 May 2019.
65You said that you had lived with Fiona Knight and her children in Woori Yallock for about two years before moving to live in Seville.
66You said your relationship with Fiona Knight was 'horrible', saying that you fought all the time and that you split up all the time. You said that she tried to control you a fair bit.
67You described the fights as verbal and physical as you said Fiona Knight would hit you and you would try to walk away. You said the children were present and could hear the fighting. You said that you 'gave it back' to Fiona Knight.
68You said that you got on very well with the victim. You said that all of the kids wanted to go on the ride-on mower and would sit in front of you whilst you were using it.
69When advised of the allegation concerning the use of the ride‑on mower, you said that you had not bought the mower when the victim was five or six years old.
70You admitted that the victim sat in front of you whilst you were using the mower, but you denied that you made her touch you.
71You said the ride-on mower was kept in the shed, never in the garage.
72You said there was no time that the victim touched you, even accidently.
73You agree that there were two trampolines at the side of the house.
74You denied committing any of the offences, as alleged.
75When asked if you used the word 'flash' you said 'no not really'.
76You then told police that there was a time when the victim was about 10 when she was jumping on the trampoline and flashing her boobs at Alex.[6] You claimed that you told her off for doing this and said that Fiona Knight was aware of the incident as she had confronted you about it. You had also discussed the incident with Kane[7] and Siena.
[6] A pseudonym.
[7] A pseudonym.
77You also told police that on an occasion shortly after the incident to which you just referred, the victim wanted her iPhone and you had said 'go like that', indicating that you wanted her to lift her top. You said that you thought that she did lift her top, and that you had just walked off. You claim that you did not know why you had said this and you were just being stupid.
78You admitted to having a dog that the complainant had spoken about in the course of her complaint about you and you also admitted that you would get takeaway food in a nearby suburb.
79You said you did not take the kids with you as it was quicker to go by yourself.
80You could not recall if Fiona Knight ever left you with the children when she went to Peninsula Hot Springs.
81You said that you would not allow the children into your bedroom and the victim had never slept in your bed.
82Mr Mayfair, your offending is serious and deserving of a punishment which is just in all the relevant circumstances. Your conduct must be denounced.
83Your offending endured for about three years, commencing when your stepdaughter was about seven. Your offending ended when she was eleven or thereabouts. Therefore, Rebecca Knight was very young.
84At the time of the incest charge, which is the most serious offending, she was only about seven years old.
85All of your offending entailed a significant breach of trust, in circumstances where you were the victim's stepfather, often left alone to care for Rebecca Knight. In relation to the incest charge, I have factored in that, as a rule, the nature of the relationship between offender and victim involves a position of trust by definition, so I have been careful not to doubly count this aspect in respect of that particular charge.
86All of the offences were committed in either the family home environment or in the car on the way to collect takeaway. In each instance, Rebecca Knight had the right to feel safe; however, not only did you defile her, you defiled her sense of safety.
87I have also had regard to the various ways in which you forced the victim to engage in the various pieces of conduct giving rise to a number of charges, exploiting your position of authority over her in order to have her comply with your depraved wishes.
88I have taken into account the victim impact statements in this matter- in particular, the statement made by Rebecca Knight:
89The impact on her life has been profound and devastating, as is to be expected.
90She read her victim impact statement aloud in Court, which is a most courageous thing to do.
91She said that you had taken away her innocence and her childhood as a whole. She said that all her good childhood memories had gone and only the horrible ones stayed. She said that you were meant to be her father and it was your job to love and protect her, but, she felt that you had taken advantage of her shy and quiet nature to play out your sick fantasies. She said that she has been in a deep depression for years now and she felt that she was letting her family down because of this.
92Can I just pause here to say to Rebecca Knight, that you are not letting your family down at all.
93She said that her purpose in reporting your offending to the police was to protect other children from you.
94She also said that she would have great difficulty trusting any man being alone with any children that she might have in the future, because of your offending against her.
95She said that she often experienced nightmares about the abuse she had suffered at your hands, and spoke of the countless years of torment that your offending had and would cause her.
96Emma Doon said that there were no words to make anyone truly understand the pain in her heart that had endured through the trial. She spoke of the immense shock that she suffered when you were first arrested and of her sleeplessness and nightmares that continue to impact her. She said that all she ever wanted was a dad and that she cannot associate you with being this. She spoke of her feelings of anger, anxiety and the pain that your offending had caused her; she felt that her entire childhood had been a fantasy rather than real. She said that your offending and the trial had left a permanent scar, and she would always be fearful of men, but that most of all, she would have to live with ongoing trauma.
97Fiona Knight said that she would never forgive herself for bringing you into her daughter's life and trusting you. She spoke of her immense sense of guilt for being so naïve and for failing to protect her daughter from you. She spoke of the toll that the trial adjournments had taken on Rebecca Knight, and of her inability to properly support her through this as she was not able to discuss the case with her. She said that it had been five years of torture. She spoke of seeing Rebecca Knight becoming a shell of her former self and she spoke of her own mental health struggles, of suffering panic attacks, anxiety and having nightmares. She said that their lives had forever changed, that the only emotion outweighing guilt was anger toward you for what you had done. She said that, nonetheless, they had survived your offending and that they had each other which was something you could never take away.
98Again I pause to say to you, Ms Knight, that you have nothing to feel guilty about. The only one who should be feeling guilt is you, Mr Mayfair.
99There is nothing before me which indicates any remorse or insight on your part, consistent with maintaining your innocence in respect of the charges.
100There is no impairment of mental function which impacts your moral culpability, which I find is high.
101Further, there is no impairment of mental function currently operating on you which would make time in gaol harder than it might otherwise be.
102In assessing the objective gravity of your offending, I have had regard to the fact that apart from the incest charge, which is the most serious offence, skin on skin touching was involved in respect of Charges 5 and 7 at the second trial and that less seriously, although still serious, touching over the clothing occurred in relation to Charges 8 and 9 at the first trial and Charges 1, 4 and 6 at the second trial. I also note that there was no physical touching in relation to Charges 4 and 11 from the first trial and Charge 2 from the second trial.
103As I have said, you are only to be sentenced in relation to the charged conduct rather than any uncharged conduct, noting that your counsel does not submit that the offending of which you have been found guilty was isolated.
104I take into account your criminal history, which is a most limited one. On 21 October 2013 you were dealt with in the Magistrates’ Court for contravening a Family Violence Safety Notice, careless driving, and driving a vehicle causing a loss of traction. Without conviction, the matter was adjourned for 12 months and you were ordered to pay $300 to the Court fund. You were ordered to continue taking medication as prescribed by your doctor. Subsequently, the matter was dismissed as you had complied with the undertaking to be of good behaviour. This matter has limited relevance to the offending for which I now sentence you.
105I was told that you have a subsequent matter, dealt with in the Magistrates Court in November 2022, which was a breach of a final Intervention Order relating to a a former partner, who you commenced a relationship with after separating from Fiona Knight. I was told that the matter related to you breaching an Intervention Order which had been taken out by your former partner, by sending a text message to her in contravention of the Intervention Order. Without conviction, the matter was adjourned for about 13 months, and you were ordered to pay $250 to the Court fund. The matter was subsequently dismissed as you had complied with the undertaking to be of good behaviour.
106Again, this is of somewhat limited relevance to these proceedings, given the nature of the offending for which I now sentence you.
107I take into account your background:
108You are the second of four children born to your parents, both of whom are alive and supportive of you.
109You grew up within a stable family environment. Your father was a police officer and your mother worked at home initially and then later as a cleaner at a local hospital. You report no history of abuse or trauma as a child.
110You remain close with your parents and two of your three siblings, who continue to be a strong support to you whilst you are in custody.
111You grew up in country Victoria regions. You completed secondary school until near the end of Year 11.
112You enjoyed school and although you did not excel academically you enjoyed being involved in a range of school and community sporting activities.
113After leaving high school you completed a four-year boiler making apprenticeship.
114You have worked consistently throughout your adult life, mostly as a subcontractor to larger companies. Apart from a six-month period at the beginning of COVID-19 pandemic, you have worked consistently as a boiler maker since you were 17 years old.
115You have had three significant relationships in your life.
116The first relationship was with a person called Ashlee.[8] You have three children from that relationship being Emma, Alex and Dustun,[9] although Dustun is not biologically related to you.
[8] A pseudonym.
[9] A pseudonym.
117Your relationship with Ashlee broke down in approximately 2009. Shortly after this, you were given fulltime care of the three children under a DHHS Care Order.
118Your second significant relationship was with Fiona Knight. You were in a relationship with Ms Knight from early 2010 until 9 May 2019. You commenced living together in late 2010 and went on to have three children together.
119Your third significant relationship was with Eva Mayfair,[10] a person who you have known for nearly 27 years. Initially you were friends for a significant period, however, you became romantically involved about four years ago, marrying on 8 July 2023.
[10] A pseudonym.
120Eva Mayfair remains a constant support for you and she attended Court to support you during the two trials. She continues to provide support by daily phone calls and visits you in custody.
121I have taken into account the character material in this matter from family and friends, noting that they speak well of you and that they are supportive of you.
122You have no history with illicit substance use however, I understand that when you were charged in August 2020 which was during the heights of COVID-19 and a period of less stable employment, your alcohol consumption increased significantly with you drinking a slab and a half of beer each week. However, I understand that after this your alcohol intake decreased after some time and that before going into custody on remand, your alcohol intake had reduced once again.
123I take into account in a general way the report of Ms Carla Lechner dated 26 February 2025. She was of the view that you were demonstrating symptoms of anxiety and depression with a score on the relevant assessment which indicated that you were 'likely to be mildly psychologically distressed'.
124She said that you did not present with symptoms of an underlying psychological or psychiatric disorder at a clinical level and were capable of reflective and consequential thinking.
125She assessed you as being at low to moderate risk of sexual reoffending, saying that your offending behaviour could be best understood as that of a 'regressed child molester', based on opportunity and availability. She went on to say that your offending behaviour 'indicates paedophilic/hebephiliac sexual interests that appear to be centred on the victim'. (Page 1). As your counsel submitted, Ms Lechner was also of the view that your potential risk of reoffending was related to circumstances where you had proximity and opportunity to do so, and that you were not an individual who actively sought out young victims.
126In relation to this aspect, it seems to me that you did have a particular attraction or sexual interest in the victim, taking advantage of situations in which she was alone in your company or else placing her in a situation where she was, so there is something of a tension in relation to this aspect.
127Your counsel submitted that Ms Lechner's risk assessment and other matters to which I have referred, as well as the salutary impact that the legal proceedings and loss of family unity had caused, contributed to the lower risk of reoffending. She said that you also had a good understanding that sexual interest in children and/or teenagers was unacceptable, as reported to her and that you would benefit from psychological support. Ms Grant on your behalf also referred to the risk scenario posited by Ms Lechner being that the main area of risk was that if you were to find yourself in a similar situation in the future – that is, with access to a young child who is part of the household. Ms Grant submitted that because you would be subject to the Sex Offender Registration Scheme for the remainder of your life, your access to children and ability to live at the same residence as them, would be significantly curtailed and monitored by virtue of your registration.
128As against this, the prosecution referred to s5(2BC) of the Sentencing Act 1991.
129I understand that your counsel is not wanting to rely on the consequences of your registration under the Sex Offenders Act 2004, as such, but simply makes the point that it is less likely that you will have access to children in the future because of its operation. I have had some regard to that submission, but bear in mind that it is by no means a guarantee as to your lack of access in this regard.
130Ms Grant submitted that the Court could have optimism about your prospects of rehabilitation due to your ongoing family support, strong work history, lack of a relevant and extensive criminal history or subsequent matters and Ms Lechner's opinion as to risk level.
131As against this, I must also factor in the duration of your offending against the victim in this matter and your lack of remorse and insight.
132In all the relevant circumstances I assess your prospects of rehabilitation as being guardedly quite positive.
133I take into account the delay in this matter in circumstances where you were arrested and interviewed on 17 August 2020 and the trial date was vacated on a number of occasions. I note that on some of these, your counsel of choice for a time, Mr Nathwani, became unavailable, however, this was not your fault. The law says that delay can be factored in as a matter in mitigation and I allow that for a significant period you have had the anxiety of these matters hanging over your head. I give some weight to the second aspect of delay in circumstances where since the offending, you have not committed any further offence save for one, apparently fairly minor matter, but also in circumstances where you refuse to take responsibility for the offences which you have been found to have committed. I have also factored in the other matters to which your counsel referred which have occurred in the meantime including forming another relationship and having stable supports from that relationship and others in the community. You also have been engaged in stable employment in the interim before being remanded in custody.
134I have taken into account that this is your first time in custody and has involved extended periods of separation from your wife and extended family. In this context, I understand you remain in contact with them all regularly and have received visits from your wife, friends and family members.
135I have also taken into account that due to your parents age and location, there may be some difficulty in them being able to maintain physical visits with you in the future which will make time in custody harder.
136Further, you have suffered physical health issues, with the most significant being a ruptured Achilles tendon which occurred in December last year whilst playing basketball. Unfortunately, you did not receive timely and satisfactory treatment in relation to that injury and it is only recently that it appears you are in less pain and are receiving or were about to receive at the time of the plea hearing, more appropriate treatment.
137The impact of these shortcomings in treatment whilst on remand has meant that your recovery has apparently taken a longer time than it should have, and you have been in pain for a lengthier period than might otherwise be the case. You have been unable to work which has meant that you have been unable to be paid a working wage whilst in custody. You have also been unable to take part in sport and exercise since the accident in December last year. I was told that your feelings of anxiety and stress had been amplified over the lack of adequate medical care, although noting that no Verdins is relied on per se.
138However, I do take into account that time in gaol has been more difficult than it would otherwise be because of the injury and the ramifications of this to which I have just referred.
139In view of my findings in respect of your prospects of rehabilitation, I place moderate weight on specific deterrence and protection of the community, noting that protection of the community is the primary consideration in respect of a serious sexual offender which will be a declaration that I make after sentencing you in relation to the first two charges, when I am announcing sentence. Having said this, it is not necessary to impose a disproportionate sentence in order to achieve protection of the community in your case. Totality is a principle that must be applied.
140I place strong weight on punishment and denunciation, as well as general deterrence. In relation to general deterrence, I place strong weight on that consideration in a bid to deter others from offending as you have.
141It is accepted most properly by your counsel that nothing short of a head sentence with a non-parole period is appropriate in your case. She also submitted that I ought bear in mind that a lengthy prison sentence is inevitable, the principle of totality and that given that some of the offending occurred as part of the one incident within moments of each other, this also ought be factored in when imposing periods of cumulation as between sentences.
142I am also aware and mindful of the application of the principle of parsimony which means that a Court must not impose a more severe sentence than that which is necessary to achieve the sentencing purposes. Your counsel submitted that in view of the matters in your favour, it would be appropriate to impose a sentence which involved a significant period on parole.
143Mr Buckland for the prosecution submitted that ultimately this was a matter for me, which of course it is.
144I have arrived at a sentence which in my view does justice to all relevant matters.
145I am of the view that, in all the relevant circumstances and matters in your case, a lengthier gap between the head sentence and non-parole period than might otherwise apply, is not warranted.
146I have had regard to the fact that some of the offending occurred on the same occasion as one another although separate acts with separate impacts are involved which I have also factored in.
147After sentencing you on the first two charges that I announce, as I have said you are to be sentenced as a serious sexual offender which will be noted in the records of the court and the presumption of cumulation will apply. However, I do propose to impose some cumulation in respect of the sentence on Charge 8 to reflect the separate offending involved and impact on the victim.
148As I say, I do not impose a disproportionate sentence in order to protect the community and I have applied the principle of totality.
149In sentencing you, I note that the only charge number which is repeated as between the first and second trials is Charge 4, so in directing periods of cumulation, I will make it clear as to which Charge 4 I am referring to. Otherwise, there is no need to say which trial I am referring to in announcing periods of cumulation, as this will be self-evident as to which trial these relate to.
150You are convicted of each of the offences in respect of the first and second trials.
Registration-Sex offenders Register
151By reason of your convictions for these offences, you are to be recorded as a registrable offender for life. You must report your personal details to the Chief Commissioner of Police annually for the rest of your life. You must first report these details within seven (7) days after your release from custody. Details in writing of these reporting conditions will be served upon you shortly via email. As you are not in the court room, by request of your legal representatives, the notice will be emailed to you for your signature in due course.
152In respect of the first trial, you are sentenced to the following periods of imprisonment:
153Charge 4: six months.
154Charge 8: 15 months.
155I now declare that in respect of the remaining charges in respect of the first and second trials, you are to be sentenced as a serious sexual offender, and this will be entered in the Court records.
156Charge 9: 12 months.
157Charge 11: six months.
158In respect of the second trial, you are sentenced to the following periods of imprisonment:
159Charge 1: 12 months.
160Charge 2: six months.
161Charge 3: six years which will be the base sentence.
162Charge 4: 14 months.
163Charge 5: two years.
164Charge 6: 12 months.
165Charge 7: 15 months.
166I direct that:
167two months from the sentence on Charge 1;
168three months from the sentence on Charge 4 from the second trial;
169six months from the sentence on Charge 5;
170two months from the sentence on Charge 6;
171four months from the sentence on Charge 7;
172four months from the sentence on Charge 8;
173two months from the sentence on Charge 9;
174and one month from the sentence on Charge 11
175be served cumulatively with each other and with the base sentence, producing a total effective sentence of eight years and I direct that you serve five years four months before becoming eligible for parole.
176I declare that you have already served 153 days' imprisonment which will be reckoned as served.
177Is there anything arising?
178MR BUCKLAND: No, Your Honour.
179MS GRANT: No, Your Honour.
180HER HONOUR: All right. Now did you want to have a word with your client before we?
181MS GRANT: I'd be grateful if I was able to just for a few minutes.
182HER HONOUR: All right, well I am going to adjourn now and I will give you that opportunity, so we'll clear the court once I adjourn so you can have a chat.
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