Director of Public Prosecutions v Mcleod (a pseudonym)
[2020] VCC 485
•21 April 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL JURISDICTION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| CHESTER MCLEOD (a pseudonym) |
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| JUDGE: | HIS HONOUR JUDGE DOYLE |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 26 March 2020 |
| DATE OF SENTENCE: | 21 April 2020 |
| CASE MAY BE CITED AS: | DPP v Mcleod (a pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 485 |
REASONS FOR SENTENCE
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Catchwords: sentence, guilty plea, indecent act, gross indecency, representative charges, substantial impact on victim, offending over several years, substantial breach of trust, serious sexual offender, good prospects of rehabilitation, no further offending over 23 years
Legislation Cited: s.6AAA of the Sentencing Act
Cases Cited:Browne v the Queen 2015 VSCA 274; Crouch v The Queen 2019 VSCA 30; R v Madex 2020 VSC 145
Sentence:4 years and 4 months with a minimum of 2 years and 5 months
S6AAA declaration: 6 years and 10 months imprisonment with a minimum of 4years and 10 months.
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| APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms D. Hogan | Office of Public Prosecutions |
| For the Accused | Mr A. Halphen | Stary Halphen Norton |
HIS HONOUR:
Chester Mcleod[1], you have pleaded guilty to one charge of gross indecency with a person under 16 and four charges of an indecent act with a child under 16. The maximum penalty for the charges of indecent act with a person under the age of 16 is 10 years imprisonment and for the charge of gross indecency it is 2 years imprisonment.
[1] Chester Mcleod is a pseudonym
Background
You were born in June 1951. During the period over which of the offences took place you were aged between 35 and 43.
In approximately 1974 you married your wife Nicole[2]. She had four sisters: Stacey[3], Stephanie[4], Claudia[5] and Bella[6]. The victims in this case were two of your wife’s nieces, Eliana Webster[7] and Tessa Fowler[8]. Eliana Webster is the daughter of Stacey Webster[9]. Tessa Fowler is the daughter of Stephanie Fowler[10].
[2] Nicole is a pseudonym
[3] Stacey is a pseudonym
[4] Stephanie is a pseudonym
[5] Claudia is a pseudonym
[6] Bella is a pseudonym
[7] Eliana Webster is a pseudonym
[8] Tessa Fowler is a pseudonym
[9] Stacey Webster is a pseudonym
[10] Stephanie Fowler is a pseudonym
Both of your nieces recall staying at your home whilst growing up. Ms Webster recalls her aunty being very kind and loving towards her as a child and that both you and Ms Squires[11] would often treat her with special things that her family could not afford.
[11] Squires is a pseudonym
Tessa Fowler and her brother would often have sleep overs on weekends and school holidays at your home in a Melbourne suburb and sometimes at a family holiday home in Victoria. Ms Fowler recalls enjoying going over to visit as it often spent doing fun things like going out to dinner and movies.
Eliana Webster
On an occasion when Ms Webster was aged 10 or 11 years of age, she was at your house speaking to you about photography, an interest of yours. You explained the differences between fast and slow film, and which is used depending on the light. You then told Ms Webster to come into the backyard, so you could show her what you were talking about. You began taking photographs of her in the backyard where it was dimly lit.
You told her to remove her top and you would take some more photos of her. She felt very uncomfortable but believed she had no choice but to go along with your request. She removed her top, exposing her bare chest. You took more photographs of her.
Ms Webster wanted to enter a competition to be on the cover of a magazine; to enter she had to send in a photo of herself. She mentioned this to you. You offered to take photographs of her. You took her to Myer and bought new clothes and lipstick for her to wear in the photos. Afterwards you took her back to your house in a Melbourne suburb, so she could get ready for the photo shoot.
She had heard that putting a raw egg on her hair would make it appear shiny in photographs. She told you she was going to crack the egg in her hair in the shower. You asked her if you could come into the bathroom and watch her do this. She felt that she couldn’t say no because you had just bought her new clothes and were about to take the photographs for the competition. Even though she felt extremely uncomfortable, she didn’t tell you not to come in and watch her. She undressed and got in your shower. You watched her as she cracked the egg into her hair. (This is the basis of charge 1 of gross indecency.) She attempted to hide her naked body from you. After getting dressed, you took her to a beach where you took the photographs for the competition. She was approximately 13 years old at the time of this occasion.
Tessa Fowler
10.When Ms Fowler was aged 7 or 8, she went to your house in a Melbourne suburb for a sleep over with her cousins, Julia and Marcus[12], and her younger brother Sean[13]. After her aunty Nicole (Squires)[14] left for work, you came into the lounge room. She was asleep in a sleeping bag until she woke up to find you kneeling over her and attempting to pull down the overalls she was wearing. The victim said you seemed angry and frustrated in your efforts to pull down her overalls but eventually you managed to do so. You then placed your hand underneath her underwear and rubbed her vagina with your fingers. (This conduct is the basis of charge 3, which is a representative charge.) Ms Fowler pretended to be asleep, keeping her eyes closed, and waited for you to stop. After some time, you stopped and left.
[12] Marcus is a pseudonym
[13] Sean is a pseudonym
[14] Nicole Squires s a pseudonym
11.On another occasion, when Ms Fowler was between 7 or 8 years of age, Ms Fowler woke up to find you kneeling over her. She was in her sleeping bag. He cousin Julia[15] was asleep next to her. You put your hand underneath her pyjama bottoms and underwear and rubbed her vagina with your fingers. She pretended to be asleep and waited for you to finish. She heard her cousin making noises as if she was waking up. After some time, you stopped rubbing Ms Fowler’s vagina and left. (This conduct is a represented instance of charge 3.)
[15] Julia is a pseudonym
12.On another occasion when she had slept over at your house when Ms Fowler was 9 years old, you woke her up and took her to your room. You told her it was “special cuddle time”. In your room you had her sit on the edge of the bed. You removed her pyjama bottoms and underwear, so she was naked from the waist down. You kissed her passionately on the mouth. You then removed your erect penis from your pants and started rubbing Ms Fowler’s vagina with your fingers. (This is a represented instance of charge 3.) You took her hand and placed it on your erect penis. (This conduct is the basis for charge 4, which is a representative charge.) As soon as her hand touched your erect penis, she pulled her hand away. You continued to attempt to get her to touch your penis by grabbing her hand, but she continued to resist. You gave up on this but continued to rub her vagina. Eventually you stopped touching her and told her to get dressed.
13.On another occasion, when Ms Fowler was aged between 9 and 10, she was again at your house sleeping in the lounge room. You woke her up and told to come to your room. You both got into the bed. You removed her pyjama bottoms and underwear, before taking off your own pants, so that you were naked apart from a top. You started passionately kissing her on the mouth and rubbing her vagina with your hand. (This is a represented instance of charge 3.) Lying on your back, you picked Ms Fowler up and placed her on top of you. You then moved her waist so that your penis was rubbing against her vagina (This conduct constitutes charge 2.) You also continued to rub her vagina whilst she sat on top of you.
14.On another occasion, when Ms Fowler was aged between 10 and 12 years of age, she was left alone with you as her aunty (your wife) Nicole Squires[16] had taken the other children out to activities. She tried to stay away from you and was sitting playing a video game. You came over, picked her up and placed her on your knee. You then put your hand up her top and started playing with her nipples (This conduct is the basis of charge 5, which is a representative charge.) You then placed your hand down the front of her pants and under her underwear. You started rubbing her vagina with your fingers. (This is a represented instance of charge 3.) This continued for some time before your son Trevor[17] arrived home. You then quickly stopped touching her.
[16] Nicole Squires s a pseudonym
[17] Trevor is a pseudonym
15.On another occasion, when Ms Fowler was between 10 and 12 years old, she was staying at your house in a Melbourne suburb. You talked to your wife about taking Ms Fowler out for the day, to take some photographs of her. She told you and her aunty that she didn’t want to, believing that if she was left alone with you, something would happen. The next morning when Ms Fowler woke up you were carrying her to your car in her pyjamas. You then drove for approximately 3 hours, stopping in what appeared to be a National Park in Victoria. Once you had arrived, you had Ms Fowler change into several dresses that you had brought along. Some of these dresses belonged to Ms Fowler; the others belonged to your daughter Julia. You had her model for you, and you took several photographs of her. Whilst wearing a white dress and modelling for you, she performed a spin and fell into a river. You got her out of the river and took her back to your car, where you undressed the in the back seat. You then placed her on top of you and started rubbing her vagina with your fingers. (This is a represented instance of charge 3.)
16.Ms Fowler went away with you, her brother and two cousins to a family holiday home in Tolmie when she was aged between 11 and 12 years of age. She was asleep in a bedroom when you woke her up and took her to your bedroom. You removed her pyjamas bottoms and underwear as she lied on the edge of the bed. You then started rubbing her vagina with your fingers. You then got Ms Fowler to lay in your bed whilst and continued to rub her vagina. (This is a represented instance of charge 3.) You then started touching Ms Fowler’s breasts with your hands. (This is a represented instance of charge 5.)
17.On another occasion, Ms Fowler was staying in your house. She was aged between 12 and 13 years of age. Ms Fowler’s aunty was at work and you told the children, including your own, to have a shower and get ready. You told Ms Fowler that she could go and have a shower in your ensuite. You led Ms Fowler to your bedroom, where you locked the door. In the ensuite, you undressed Ms Fowler and put her in the shower. You then undressed and got into the shower with her. You started washing her body with soap and started rubbing her vagina with your fingers. (This is a represented instance of charge 3.) You then grabbed her hand and placed it onto your erect penis. Ms Fowler pulled her hand away and would not look at you. (This is a represented instance of charge 4.) Whilst in the shower Ms Fowler continued to feel your erect penis touching her but did not look to see what you were doing.
18.When Ms Fowler was approximately 13 years old, she rang you and said she was going to report you to police if you didn’t take her shopping for new clothes. She also rang “Kids Help Line” and spoke to a counsellor who suggested she should contact police.
19.A few weeks later Ms Fowler went to your house for a sleep over. You took her to bedroom and spoke to her about the phone call and told her that she could go to jail for attempting to blackmail you. You said that you thought she enjoyed what they had done together, and if she didn’t, she should have said so. In 2004, Ms Fowler told her partner Joseph[18] (later her husband) she had been sexually abused as a child. In November 2016, she told her mother. Later that day her mother met up with her sister Abigail Knight[19] who told your wife, Nicole.
[18] Joseph is a pseudonym
[19] Abigail Knight is a pseudonym
20.Your wife confronted you and you admitted the abuse. Soon after you moved out of the family home and to a different state. You were interviewed on 19 April 2018, at a local Police Station. You made a no comment record of interview.
21.Eliana Webster[20] disclosed the offending against to her Aunt Abigail in 2001, after becoming concerned about material she had seen on your computer. She noticed a subject line in an email titled something like “Tiny Girls”. At that time, you were working with a ballet schools as their photographer where you would take photos of young girls whilst they performed. Abigail Knight contacted police at that time.
[20] Eliana Webster is a pseudonym
22.Eliana Webster[21] later found out that Tessa Fowler[22] had reported your offences. In 2019 she made a statement to Police. You did not wish to be interviewed in relation to the offence against her.
[21] Eliana Webster is a pseudonym
[22] Tessa Fowler is a pseudonym
Representative charges
23.Charges 3, 4 and 5 are representative charges. Your counsel, Mr Halphen, in his written submissions, helpfully extracted from the decision of Crouch v the Queen 2019 VSCA 30, the relevant principles relating to sentencing for representative charges. In accordance with those principles you fall to be sentenced for the conduct which constitutes the representative charge but not for the represented instances of the offending, but those representative instances preclude me from moderating the sentence on the basis that the offending which constitutes the representative charge was an isolated act. The representative nature of the charge allows me to consider the offending in its wider context. It is relevant to nature and gravity of the offending, your moral culpability and the impact on the victim. The number of represented instances of a charge may result in a higher sentence but not necessarily.
24.Applying these principles to the facts of this case, it is relevant to note that in addition to the conduct that constitutes charge 3, rubbing the victim’s vagina, there are another 7 represented instances of this behaviour; in relation to charge 4, grabbing the victims hand and placing it on your penis, there is one represented instance; and for charge 5, touching the victims nipples, there is also one represented instance.
25.Far from being isolated, the wider context of the represented offences is that they arise from 8 incidents over a period of approximately 6 years.
26.I do take the view that charge 3 is the most serious of the charges, partly because of the number of represented instances and the time period over which the represented instances occurred, which provides the context for the conduct constituting charge 1.
27.The representative nature of charges 3, 4 and 5 is plainly relevant to the impact of the offending on the victim, the gravity of the offending and to your moral culpability for it.
Offence seriousness
28.All adults have a responsibility towards children to protect their innocence; to sexually assault any child is a grave breach of this basic obligation. Where an offender is in position of trust in relation to the child, as you were, the breach of trust is an aggravating feature of the offending. You were a mature man and a father of young children yourself at the time of the offending and yet you offended against your wife’s nieces when they were staying at your house, or when they were in your care, breaching the trust placed in you and the responsibility you had to the victims in this case.
29.The psychological and emotional consequences for the victims of such abuse are very often profound and enduring. This has been the reality for Ms Fowler resulting from your protracted and serious sexual abuse.
30.Aside from the breach of trust, the number of incidents, and the duration of the offending, there are other aggravating aspects of your conduct. First, Ms Fowler was only 7 or 8 years old when the abuse started. Ms Webster was 13 when charge 1 took place. Second, there are two complainants in this matter. Third, in a number of these incidents Ms Fowler was asleep, and therefore vulnerable, when you started sexually touching her. Fourth, in charge 4, Ms Fowler pulled her hand away after you made her touch your penis, but you continued, aware that she wanted to stop. Also, prior to this incident, you used the expression ‘special cuddle time’ to normalise your conduct to the complainant in order to facilitate further offending. Fifth, while most of the offending was opportunistic in the sense that you waited until you were alone with Ms Fowler, I agree with the prosecution submission that the offending which occurred in Yea involved a degree of planning. In my view Charge 1 involved grooming behaviour. Seventh, the various indecent acts involved direct indecent contact rather than over clothing. In a number of the incidents against Ms Fowler you were naked from the waist down and she was naked or partially naked because you had undressed her. None of these incidents involved fleeting sexual touching; all occurred in highly sexualised circumstances. Finally, I accept that when you told Ms Fowler that she could go to gaol for attempting to blackmail you this was highly manipulative conduct on your behalf and demonstrative of the power imbalance that existed.
31.Charges 2,3 and 4 are serious examples of indecent act offences. I assess your moral culpability across all the offences as high.
Victim impact
32.Ms Fowler has made a victim impact statement, dated 22 September 2019. She describes how your offending affected her studies; her family relationships and her intimate relationships and her mental state. She says in a victim impact statement “I was a very shy and sheltered child and didn’t have any real concept as to what was happening to me; just that I didn’t like it but was embarrassed and didn’t know how to make it stop”.
33.She says your use of the expression ‘special cuddle time’ during the offending made her feel like an equal player in the abuse.
34.At age 13, she became extremely depressed and attempted to overdose on medication. She did this again a few years later. She says that her emotional difficulties compromised her education.
35.She says that she still struggles with a lack of self-worth, hypervigilance and social avoidance. She says, “I lost my childhood, and this is something that I grieve every day”. She talks of being constantly plagued with nightmares about the abuse that continue to this day. She says that for many years she was unable to be sexually intimate unless intoxicated because of vivid flashbacks to your abuse.
36.Your offending has affected her relationships with her husband, her children and the wider family. She feels responsible for division in the family resulting from her disclosure of your abuse.
37.Ms Webster did not make a victim impact statement but in her police statement she spoke of her feelings of guilt when she found out that you had abused Ms Fowler. She said, “it was like all the fears I had of him had come true”.
38.The destructive impact of conduct such as yours has, as submitted by the prosecution, come to fruition in this case.
Personal circumstances
39.I turn to your personal circumstances. You were born in the United Kingdom. You were an only child. Your family migrated to Australia in around 1962, when you were aged about 11. Your family settled in Perth. Your father worked as a maintenance engineer and your mother as a beauty consultant. You describe a family where there was little overt affection and one of strict discipline. Your mother died in 1989 and your father in 2017. You were alienated from your father in his final years.
40.In Perth you attended College and completed year 12. Socially, you were an isolated child and adolescent, never quite fitting in.
41.After year 12, you relocated to Melbourne and joined the Air Force as a cadet. You stayed in the Air Force for three years and then left and finished an electronic engineering course which you had started as a cadet. You met your wife Nicole while you were studying.
42.Your relationship with her has been your only long-term intimate relationship. You were married in around 1974. You had three children together, a son in 1984, and twins in 1987. All your children live in Melbourne and you have three grandchildren aged between one and three.
43.You have a very solid employment record. You worked mainly for two companies: Timeline Australia Pty Ltd and Digital Equipment Corporation. Your specialty was in computer software. Apparently, you have also worked from time to time as an event photographer. Since 2001, you have been a director of a company which is involved in software development and photographic services.
44.You lived in Melbourne until December 2016 when Ms Fowler revealed your offending. You immediately moved to Western Australia to ameliorate the pressure the disclosure of your offending had placed on your wife; and to avoid division within the extended family.
45.I have been provided with a reference from your daughter Julia, now in her 30’s. She says in the reference, and I accept, that you were a good father to her. She also speaks of some of your positive character traits and explains that your offending has cost you your relationship with your wife, and eldest son, and has isolated you from your family.
Guilty plea
46.You pleaded guilty in this matter on the day it was listed for a contested committal hearing. The matter resolved on that date to the charges on the indictment. No witnesses were called. Therefore, neither victim in this matter has ever been cross-examined. The victims have been spared the ordeal of having to relive these events in court, as have other witnesses. This is an important matter in your favour. The utilitarian value of your plea is substantial; and even more so given the current circumstances in which jury trials have been suspended; and where the system will face a large backlog whenever they resume. I do note though that your plea of guilty was set down prior to the onset of the shutdown in jury trials resulting from the pandemic. You have saved the community the time and expense of a trial. Further, I accept that your plea of guilty demonstrates remorse for your offending and a willingness to facilitate the course of justice.
Rehabilitation
47.Since December 2016, you have engaged in a sex offender treatment program supervised by psychologist Patrick Newton. Mr Newton has provided a report dated 25 September 2019.
48.The following matters emerge from that report. Firstly, you were a lonely and isolated child and adolescent. Psychological testing indicates poor social skills and social awkwardness. Your only long-term intimate relationship has been with your wife Nicole. Your sexual relationship with her broke down after the birth of your twins. Mr Newton proffers an explanation for your offending that you became frustrated and upset by this and sought an alternative outlet for your sexual needs. Mr Newton says that you lacked the social skills to establish an alternative intimate relationship with an adult. The offending occurred in this context of these frustrations and your distorted understanding of affection and personal boundaries.
49.A focus of your treatment has been on the significant deficits in your interpersonal and social skills. You are assessed as a moderate risk of further sexual offending but with the passage of time and extended treatment you have made progress in addressing the causal issues for your offending. Mr Newton says that over the medium term the risk for reoffending is likely to reduce to low.
50.I was also provided with a neuro-psychological report in this matter from Dr Linda Borg who assesses your intelligence as being in the superior range.
51.Mr Newton described you as a man in the process of addressing your significant personal issues. He describes your arrest as a potential turning point and refers to your acceptance of responsibility for your offending and your willingness to engage in extended treatment.
52.It is submitted on your behalf that your prospects of rehabilitation are ‘entirely favourable’. The prosecution submission is that your prosects are ‘relatively good’. In my view, having regard to the matters in Mr Newton’s report; your willingness to engage in treatment; and the absence of further offences, your prospects of rehabilitation are very favourable.
Matters in mitigation
53.I turn to specific matters in mitigation raised by Mr Halphen on your behalf. It is now approximately 23 years since the cessation of the offending in this case. You have no subsequent offences. You are a person who has as solid employment history. You are now to be sentenced as a 68-year-old man who has engaged in rehabilitative programs over three years since the disclosure of the offending.
54.You have accepted responsibility for your offending and appear have insight into the damage you caused. I have accepted you are remorseful for the offending. I have accepted that you have good prospects of rehabilitation. I sentence you as a person of good character prior to committing these offences. You have had the gaol sentence I must impose today hanging over your head since Ms Fowler disclosed your offending in December 2016.
COVID-19
55.Both the prosecution, and Mr Halphen on your behalf, have provided submissions on the impact of the COVID-19 virus to sentencing in this case. You turn 69 in June. You suffer from hypertension. I accept you are therefore in the ‘vulnerable class’ in relation to the virus. Mr Halphen has referred me to the recent sentencing decision of Justice Incerti, R v Madex 2020 VSC 145, where the offender was aged 69 at the time of sentencing. Her Honour found that the offender in that case was in a higher risk category and would be able to achieve more effective and reliable self-isolation in the community compared to prison.
56.The prosecution in their submissions has conceded the following:
· An offender is a higher risk of contracting COVID-19 if they are incarcerated;
· The pandemic is causing additional stress and concern for prisoners and their families as it is for every member of the community. This may take the form of:
i.an offender worrying about the health, wellbeing and future of those who may be affected by the pandemic; and or
ii.restrictions imposed by the prison authorities on the daily life of prisoners such as reduced visits, phone calls or work opportunities. Prison visits have been suspended for the foreseeable future.
57.In my view these matters are relevant to the sentence I will impose primarily on the basis that they are likely to increase the isolation, uncertainty and anxiety you will experience in serving your first sentence of imprisonment. They require some moderation of the sentences in this case.
Sentencing principles
58.The community regards this type of offending with abhorrence and the court must denounce the sexual abuse of children. General deterrence (the need to discourage other potential offenders) is also a very important sentencing consideration for offending such as yours as is just punishment.
59.Specific deference can be moderated because of your age, the absence of subsequent offences, the treatment you have undertaken in recent years and because you have now had this matter hanging over your head since December 2016.
60.Notwithstanding the seriousness of your offending, your rehabilitation to date is a significant mitigating factor. The efforts you have made are to your credit should be encouraged.
Serious offender provisions
61.The serious sexual offender provisions of the Sentencing Act will apply in this case. Once you are sentenced to a period of imprisonment for two charges on the indictment you must be sentenced as a serious sexual offender on the remaining charges. This will be noted in the records of the court.
62.The serious sexual offenders’ provisions provide that I must regard the protection of the community as the principal purpose for which the sentence is imposed and that the terms of imprisonment imposed are to be served cumulatively unless otherwise ordered.
Totality
63.Notwithstanding the application of the serious offender provisions, I must still have regard to the principal of totality to ensure that your sentence is just and appropriate and proportionate to the offending. In formulating the appropriate sentence, I must balance the application of the serious sexual offenders’ provisions with the application of the totality principle. In this case, the circumstances which are the basis of charges 2, 4 and 5 are intertwined with the represented instances of charge 3 and I agree with Mr Halphen’s submission that I must bear this in mind in relation to the appropriate cumulation orders.
Sentencing practices
64.The current maximum penalty for the charge of indecent act is 10 years imprisonment; it was also 10 years imprisonment at the time you committed these offences. The maximum penalty is one of the factors that I must have regard to. In sentencing you, I am also required to have regard to current sentencing practices. The relevant practices are those that currently apply, rather than at the time of your offending.
65.However, the principle of equal justice requires that I also consider sentencing practices at the time of your offending, if they are ascertainable, on the basis that those practices are relevant to arriving at a sentence that is just in all of the circumstances. I have no material before me that would enable me to draw a conclusion about sentencing practices at the time. In any case current sentencing practices are a guide but not a controlling factor in the imposition of sentences.
66.In his written submissions, Mr Halphen has referred to the sentencing statistics for indecent act offences in the 2011/12 - 2015/ 16 period. He has also referred to the Court of Appeal cases including Browne v the Queen 2015 VSCA 274; and Crouch v The Queen 2019 VSCA 30, which are not true comparators but provide some assistance. I have had regard to the case summaries in the sentencing manual for Court of Appeal cases and cases in this court for indecent act offending.
Submissions
67.Mr Halphen submitted that a partially suspended sentence was within range. The prosecution submitted that this offending requires the imposition of a head sentence and non-parole period. Mr Halphen also submitted that charge 1 should attract a fine.
68.There is a three-year limitation which applies to sentences to be suspended or partially suspended. In my view such a sentence is not within range, having regard to the seriousness of the offending in this case. In respect of charge 1, given the age of the victim at the time, the breach of trust, and the overall circumstances of the offending, a sentence of imprisonment is warranted.
Sentence
69.Could you please stand Mr Mcleod?
In relation to the charges I sentence you as follows:
Charge 1: I sentence you to a period of imprisonment of 3 months;
Charge 2: I sentence you to a period of imprisonment of 20 months;
Charge 3: I sentence you to a period of imprisonment of 2 years & 4 months;
Charge 4: I sentence you to a period of imprisonment of 2 years;
Charge 5: I sentence you to a period of imprisonment of 8 months.
Charge 3 is the base sentence. I order the following periods of cumulation on the base sentence and on each other:
On charge 1: 1 month;
On charge 2: 7 months;
On charge 4: 12 months;
On charge 5: 4 months.
This makes a total effective sentence of 52 months imprisonment.
70.Pursuant to s.6AAA of the Sentencing Act, but for the plea of guilty in this matter I would have imposed a sentence of six years and ten months with a minimum of four years and ten months.
71.Indecent act with a child under 16 is a Class 2 offence. Where there has been a finding of guilt in relation to three or more Class 2 offence, the applicable reporting period is life, pursuant to s.34(1)(c)(iii) of the Sex Offenders Registration Act.
72.Was there an application under 464ZF in relation to this matter?
73.MS HOGAN: Yes, Your Honour, that's been e-lodged by my instructor with the court.
74.HIS HONOUR: I propose to make that order having regard to the nature and seriousness of the offences in this case. Were there any other orders required in this matter?
75.MS HOGAN: Did Your Honour specifically make orders regarding a serious sexual offender provision?
76.HIS HONOUR: I did, yes. We have got the documents here.
77.MS HOGAN: Thank you.
78.HIS HONOUR: They will be provided to Mr Mcleod now.
79.MR HALPHEN: Could I just ask Your Honour.
80.HIS HONOUR: Yes.
81.MR HALPHEN: When Your Honour leaves the Bench, could I just have a moment to speak with Mr Mcleod.
82.HIS HONOUR: Certainly, yes.
83.MR HALPHEN: Thank you.
84.HIS HONOUR: All right, can I thank both counsel for their assistance in this matter, and I will stand down. No other matters, either of you?
85.MR HALPHEN: No, Your Honour.
86.MS HOGAN: No, Your Honour.
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