Director of Public Prosecutions v Morgan (a Pseudonym)
[2015] VCC 1668
•20 November 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| FRANK MORGAN (A Pseudonym) |
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| JUDGE: | JUDGE QUIN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 19 November 2015 |
| DATE OF SENTENCE: | 20 November 2015 |
| CASE MAY BE CITED AS: | DPP v Morgan (A Pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2015] VCC 1668 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms N. Warda | |
| For Accused Morgan | Mr R. Thyssen |
HER HONOUR:
1Frank Morgan,[1] you have been found guilty by a jury of two charges of maintaining a sexual relationship with a child under 16, eleven charges of common assault, one charge of producing child pornography, and one charge of intentionally cause. The jury found you not guilty of Charges 13 and 18. All of these charges were contained in the indictment E-13990674-AA or the trial indictment.
[1] A pseudonym.
2After completion of that trial, you pleaded guilty to the following offences. Three charges of assault; one charge of intentionally cause injury; two charges of making a threat to kill. Each of these charges were representative charges and contained in indictment E-13990674.1-AC or the plea indictment.
3The maximum penalties for each of the offences for which you are to be sentenced are as follows: Maintaining a sexual relationship with a child under 16 years, 25 years; common assault, five years; intentionally cause injury, ten years; producing child pornography ten years; make threat to kill, ten years.
4The circumstances of the offences in both the trial and plea indictment occurred in the context of your relationship with Nora Alston[2] and her children over the period November 2005 to July 2013, or approximately a seven year period.
[2] A pseudonym.
5You met Nora Alston a few months before you moved in and commenced a relationship with her in about November or December 2005. At this time she had four daughters; Tina Alston,[3] date of birth 16 January 1996; Sheryl Alston,[4] date of birth 30 June 1999; Teresa Alston,[5] date of birth 30 June 2001; Sandy Alston,[6] date of birth 2 January 2005. Sheryl Alston and Teresa Alston were the subject of the charges on the trial indictment.
[3] A pseudonym.
[4] A pseudonym.
[5] A pseudonym.
[6] A pseudonym.
6You remained in that relationship until 2013, although it was quite turbulent at times. Between 9 November 06 and 30 December 11, you had three children with Nora Alston; Leroy Alston,[7] Christine Alston[8] and Penelope Alston.[9] During the period of the offending you lived in Altona North, Golden Pond Ballarat, and Serviceton, where you moved to in October 2012. DHS became involved with the family in July 2013 and you ceased residing with the family around this time.
[7] A pseudonym.
[8] A pseudonym.
[9] A pseudonym.
7Before outlining the circumstances of your offending in the trial indictment, I note that Charges 1 and 9 were of maintaining a sexual relationship, or a maintain offence, with each of Teresa Alston and Sheryl Alston. I must interpret the jury's verdict reasonably, and as best I can, having regard to the issues in the trial, and having had the advantage of seeing the girls give their evidence. The jury clearly disbelieved your denials to police of having offended against them. Any findings of fact which I make for the purpose of sentence for this offence must be consistent with the verdict of the jury.
8Your conviction for the maintain offences mean the jury was satisfied beyond reasonable doubt that on at least three occasions over the seven year period, you engaged in conduct with constitutes one or other or both of the particular qualifying offences of either sexually penetrating a child under 16, or engaging in an indecent act with a child under 16, in respect of each of Teresa Alston and Sheryl Alston.
9For guilt, it was only necessary for the jury to be satisfied you had engaged in such conduct in respect of one of those particular qualifying offences on at least three occasions with each of the girls. However, both Teresa Alston and Sheryl Alston gave evidence that you abused each of them many, many times. Clearly the jury accepted both of them as witnesses of truth and reliability. Teresa Alston gave evidence of details of 17 incidents on 15 occasions; Sheryl Alston gave evidence of details of six incidents on six occasions.
10I am satisfied the proper interpretation of the jury's verdict is that the sexual relationship involved you repeatedly abusing Teresa Alston and Sheryl Alston on a regular basis, the details of which were included as occasions, as particularised in the trial indictment. Your counsel did not suggest otherwise.
11I turn then to the offending in respect of Teresa Alston. The sexual relations commenced with Teresa Alston when you lived in Altona North, when she was aged about five. Most of the occasions of sexual activity were accompanied by physical abuse of Teresa Alston, and threats by you to kill or hurt her or other family members in order for her to submit to your demands for sexual activity, and to ensure her silence. The individual assault charges therefore occurred primary in the context of an occasion in the maintenance of your sexual relationship with Teresa Alston.
12The first time you sexually assaulted Teresa Alston, you went to her bedroom and closed the door behind you. You slapped her across the face, and as she cried you told her to, "Shut the fuck up." You then grabbed her hand and placed it on your exposed penis, putting your hand over hers, and you masturbated yourself. You punched her on the arm when she tried to pull away.
13You then grabbed her by the hair, pulling her head towards your penis, and tried to put it in her mouth. She kept her mouth closed, and you pressed your penis against areas on her face. You placed a pillow over Teresa Alston’s face and threatened to kill her if she told anyone.
14Within days of this occurring, you called Teresa Alston into your room and grabbed her hand, again holding it in yours. You masturbated until you ejaculated into her hand and then licked the semen from it.
15You continued to try to penetrate Teresa Alston’s mouth with your penis on a number of occasions, including a time in the laundry in the middle of the night. Again, she kept her mouth closed. This was so, even though you punched her all over her body to try to have her open her mouth.
16When at Altona North you on a number of occasions forced Teresa Alston to penetrate your anus with various objects, including a back strap-on sex toy or fake penis, which she was required to attach around her waist and groin. On another occasion in the bathroom, you took a long, yellow rubber glove, rubbed moisturiser all over both it and your anus. You then put the glove on her hand and directed her to make a fist, and to penetrate your anus until her whole fist was inside you. This happened another time when you were both in the kitchen.
17In Ballarat, there was an occasion in the kitchen when you were standing up, though bent over, and you made Teresa Alston penetrate your anus with a carrot. After a few minutes, you then instructed Teresa Alston to remove the carrot slowly.
18On another occasion, you told Teresa Alston to come to your room to clean. You then played a DVD depicting an adult female sucking an adult male's penis and them having sexual intercourse. You punched her to the head, forcing her to watch. You then masturbated your penis in her presence while watching the DVD.
19ON Teresa Alston’s sixth or seventh birthday, you told her you had a surprise for her. You reached behind Teresa Alston who was sitting on the bed, and put a pillow over her face to muffle her screams, and punched her in the ribs, leg, and stomach. You then penetrated her vagina with your penis, causing her incredible pain and bleeding from her vagina.
20There was a time when you were living in Ballarat that you wrestled Teresa Alston to the ground in your bedroom. You pulled your pants down, smiling, and said, "Get ready for this". You then penetrated her vagina with a purple vibrator for a couple of seconds.
21The first time you penetrated Teresa Alston’s mouth with your penis, you instructed her to get on her knees. You pushed her head up and down numerous times while your penis was in her mouth. You ejaculated inside her mouth, causing her to vomit on you. You then beat her for vomiting on you.
22On an occasion after making Teresa Alston masturbate you, you ejaculated onto her stomach. You then licked the semen off Teresa Alston’s stomach. On another occasion in the yard in front of Teresa Alston, you put your penis inside the dog's mouth. The dog licked your penis, and you tapped your penis on the dog's mouth.
23Approximately two months after moving to Serviceton, Teresa Alston called you a paedophile in the backyard. You punched her to the jaw with a clenched fist, causing her bottom, right-side tooth to fall out. On another occasion at the house in Serviceton, you walked directly up to Teresa Alston and punched her in the nose with a clenched fist, causing her nose to bleed instantly.
24There was another occasion when the family were moving to Serviceton, and Teresa Alston went with you in the truck, moving some of the household goods. You were with Teresa Alston in Serviceton and you penetrated her vagina with your penis when you were on the couch at the house.
25The last time you sexually assaulted Teresa Alston was shortly before she was removed from the house by DHS in July 2013. You and Teresa Alston were behind the shed in the backyard, and you made her masturbate your penis, and you then licked your ejaculation off your hand.
26I turn now to the offending in respect of Sheryl Alston. The first occasion of sexual activity with Sheryl Alston was when you were living in Altona North, and she had to show you her body. There was another time when she was standing near the couch where you were sitting, and you touched her on the vagina.
27In Ballarat, you instructed Sheryl Alston to get naked and to lie on your bed. You then forced yourself on top of her. Sheryl Alston told you to stop, but you covered her head with a pillow and punched her. You then penetrated her vagina with your penis, causing her to cry and feel pain. You withdrew your penis from Sheryl Alston’s vagina and ejaculated on the outside of her groin area.
28In the bungalow at Ballarat, Sheryl Alston had to show you her naked body. You touched her on the vagina, and you made her masturbate your penis.
29On another occasion whilst residing in Ballarat, you positioned a video camera hidden under towels in the bathroom without Sheryl Alston’s knowledge, to take footage of her naked. When Sheryl Alston was naked in the bath she saw the camera, and that subsequently recorded the images of her naked body. Sheryl Alston deleted the footage, which angered you, and you punched her in the head.
30On an occasion when Sheryl Alston was left in the car with you whilst Nora Alston was in the shops, you put your hand down Sheryl Alston’s pants and touched her vagina over her underwear.
31On another occasion, you were unhappy with Sheryl Alston, as she had not cleaned the kitchen cupboards to your liking. You screamed at her to fix them and hit her in the head with a clenched fist. As she turned to look at you, you punched her in the chest, dislodging her collarbone. Sheryl Alston received medical treatment, and her arm was placed in a sling for a number of weeks.
32On an occasion when Sheryl Alston was in year seven, she came home in her school dress. You had forbidden her from wearing that dress and yelled at her, calling her a slut. You picked her up by the jumper, threw her against the wall and continued punching her, causing her to almost faint.
33The last occasion of sexual activity with Sheryl Alston was in Serviceton. You told her to take her clothes off and got on top of her. Sheryl Alston was screaming and crying, and pinched you to make you stop, and you became angry and punched her. You then turned her on her stomach, lay on top of her, and covered her face with your hands and a pillow. You spread her legs and penetrated her vagina with your penis, causing her to bleed. Afterwards, you told her to shower and not to tell her mother.
34On another occasion, you were with Sheryl Alston in the kitchen and became angry at her over her Facebook password. You called her a whore and a slut, and punched her in the nose, causing it to bleed.
35I should say in respect of the trial indictment, in the revised reasons, I will identify each charge and each occasion by number to correspond with the summary that I have just provided.
36Those were the specific occasions mentioned throughout their evidence. However, it is apparent that you engaged in sexual activity with each of them many times. This offending the subject of the trial was very serious, with a number of aggravating features I will refer to later. It occurred in the context of the matters the subject of the plea indictment, these matters relating to the girls' mother and other, younger children in the family unit.
37The plea indictment was filed at the conclusion of the trial, when you indicated you would plea to the remaining outstanding matters. Those charges relate to offences committed by you against Nora Alston, Sandy Alston and Leroy Alston. I note that each of these charges is representative, and reliance is placed by the prosecution on the Crown summary dated 6 October 2015, as the factual basis for the occasions that the charge represents.
38The significance of the charges being representative is two-fold. First, it should be understood the occasion referred to is not an isolated event. And secondly, it provides a wider context for the extent of your offending. The prosecution did not identify the sample occasion, so I have therefore proceeded on the basis of the first occasion identified in respect of each charge.
39In respect of offending against Nora Alston, you have pleaded guilty to one charge each of common assault, intentionally cause injury, and making a threat to kill. As to Charges 1 and 3, around Easter 2006, you did not want Nora Alston to visit her family. You became aggressive, knocked all the dishes off the bench, and swore and screamed at her, saying, "I'll kill you." You then grabbed Nora Alston from behind in a headlock position and choked her with your arm. The children Tina Alston, Sheryl Alston, Teresa Alston, Sandy Alston and Leroy Alston were present. Nora Alston could not breathe and fell to the ground.
40This kind of behaviour towards Nora Alston continued throughout your time Altona North, and she was subjected to assaults by you on five other occasions.
41In respect of Charge 2, intentionally cause injury, on 24 February 2007, SH was visiting the home in Altona North. The children were home and you were yelling at Nora Alston and grabbed her from behind. You choked her, causing her to fall to the ground unconscious. An ambulance was called and Nora Alston was transported to Footscray Western General Hospital emergency department.
42This kind of offending continued through the period February 2007 through to 31 July 2012 on four other occasions. You used weapons to injure her, including a vacuum cleaner pipe, and on some of these occasions she required medical treatment. At times when Nora Alston told you that she did not want to be in a relationship with you, you threatened to kill her or other family members, or to take the children to Poland.
43The offending in respect of Sandy Alston. In Ballarat, when Sandy Alston was aged between four and seven years, she was outside chasing dogs. You grabbed her by the neck and hit her on the head. You then dragged her to the bedroom, locked the door, and turned the music on so she could not be heard. You removed your belt from your pants and positioned her face down on her bed, covering her head with a pillow, making it difficult for her to breathe. Sandy Alston begged you not to kill her, and you told her you would kill her. You then continually hit her body with your belt.
44This kind of behaviour towards Sandy Alston continued throughout your time in Altona North and in other places. She was subjected to assaults by you on three other occasions, and threatened on one other occasion.
45Offending in respect of Leroy Alston. On an occasion in Ballarat, you called Leroy Alston a stupid little cunt and punched him with a clenched fist in the head. This caused him to fall back onto the couch and he screamed.
46This kind of behaviour occurred towards Leroy Alston at your various homes between December 2008 and 31 July 2013. He was subjected to assaults on four other occasions.
47You were interviewed in respect of all these matters on 21 August 2014 and charged the following day. You denied the commission of any offences in your record of interview. Police conducted a VARE with each of the children. A committal was conducted in February 2015, and Nora Alston was cross-examined over a two day period. In July this year, special hearings were conducted in respect of each of the children.
48I received victim impact statements from Leroy Alston, Exhibit C; Sandy Alston, Exhibit D; and Sheryl Alston, Exhibit E. Although there were no statements filed on behalf of Nora Alston and Teresa Alston, I have no doubt that the impact on your offending, particularly on Teresa Alston, was profound, occurring over some of her most formative years when she was aged between five and twelve.
49Both Sheryl Alston and Teresa Alston have been denied their childhood, and you stole their innocence by the extent of your abuse and exploitation of them.
50Both Leroy Alston and Sandy Alston, though very young, were able to express in an age appropriate manner the fear you instilled in them with your violence toward them and other family members. Both of them have been subjected to your behaviour for most of the duration of their short lives. Sheryl Alston states:
"My relationship with my family is not as close as it should be, because of the experiences that we all went through. I feel like I can't talk to them about what happened. I feel like I can't get close with people, and I can't have a relationship because of everything that happened. We had to move again and we lost everything, so we had to start all over again.
51Nora Alston suffered physical injuries throughout her relationship with you, and was subjected to threats and abuse. She was disempowered and was dominated by you and your demands in respect of herself and her children. No doubt each of the family members was terrified of you and your resort to violence and abuse while living with them.
52As to your personal circumstances, I received a report from Warren Simmons, consulting psychologist, dated 18 September 2015. This report, along with submissions by your counsel, outline your personal history.
53You are currently aged 32, having been born in Poland. You came to Australia with your family in about 1997 and lived first in Yarraville and then in Williamstown with your parents. Your parents separated about ten years ago. You have an older brother, but you have had no contact with him for a number of years. You have remained in contact with your mother whilst you have been in custody. You lived with her at various times during your relationship with Nora Alston and also when you left Serviceton.
54Apart from moving to Australia, you had an uneventful childhood. You attended a language school when living in Yarraville, though you ceased attending school midway through year ten.
55As a teenager, Department of Human Services were involved with you, as your father was violent and had issues with alcohol. You were placed in a youth training centre at 17. When you were 18, you were able to obtain Ministry of Housing accommodation in Williamstown.
56You have worked various jobs, including truck driving with furniture removalists up until April 2013. Prior to your incarceration, you have suffered a broken leg and had been in receipt of the Newstart Allowance.
57You have had a number of relationships in your life, though most recently with Nora Alston, which lasted about seven years. You lived in various places with her and her children, four of them victims in the matters before, and the eldest, Tina Alston, the victim in a prior matter.
58Although you have used illicit substances of marijuana and alcohol during your life, neither appears to have had a significant effect on your general functioning. You have had a history of contact with mental health services since 1998, through until 2014 at different times. Most recently in 2014, it is noticed you refused to accept a prescription for antidepressant medication, and that you were generally noncompliant with assistance.
59In his report, Simmons notes:
"Mr [Morgan] presents with evidence of a personality disorder with both antisocial and narcissistic traits, which have been factor in most of his life. This has contributed to his offence, relationships, as well as his substance use. With that have been issues with anger and hostility, manifested by homicidal thoughts and dreams at the present time. While there may have been a history of mood disorders and suicidal ideation, these are felt to be more likely to be secondary to a personality disorder, as issues with controlling emotional state can occur with personality disorders. In addition, it's like any depressive disorder is secondary to his being arrested and charged with these offences."
60During the course of the plea, your counsel conceded that sentencing issues relevant to Verdin's did not apply to you.
61You have prior convictions for driving, property, and drug offences. Of most relevance to these matters is your prior conviction for indecent act with a child under 16, and breach of intervention order relating to Nora Alston’s eldest child Tina Alston, who at the time of that offending was aged 12.
62On 2 October 2008, you were sentenced to three months' imprisonment, one month of which was suspended for an operational period of two years. I note that some of the offending before me was occurring during that operational period.
63Additionally, as a consequence of this conviction, you were placed on the Sex Offender's Register for a period of eight years. In December 2010 and September 2009, you were convicted of failing to comply with your reporting obligations.
64The prosecution submitted there was no remorse shown by you. In Simmmons' report, it is also noted that there is no remorse or victim empathy displayed by you. Your counsel submitted your plea to the plea indictment matters is indicative of some remorse. I accept that your plea to those matters is indicative of some remorse. However, it is limited, particularly given your attitude towards your other victims, Teresa Alston and Sheryl Alston.
65It was conceded by the prosecution, and I take into account, the utilitarian value of the plea. Your adopting of that course has saved time and expense to the community in avoiding the need for three further trials, and had provided certainty for the victims, who are able to move on with their lives.
66Given the nature and duration of this offending, and your prior convictions, I accept the prosecution's submission that your prospects for rehabilitation are poor, and your counsel did not suggest otherwise. In both the Simmons report, and that provided by the prosecution prepared by Dr Kate Jachowksi, forensic psychologist, your results of the Static 99 testing place you in the high risk category for reoffending as compared to other male sex offenders.
67Simmons in his report notes:
"The offending for which Mr [Morgan] has been found guilty of is somewhat atypical, and not the type of behaviour more commonly seen with adult-child offending. As such, it is more bizarre and at the extreme end. This suggests a greater level of disturbance of psychosexual functioning, although the interview didn't allow this to be explored in significant detail."
68Clearly, there are a number of issues that you need to address to reduce the risk of your reoffending, both whilst you are in custody, and on your ultimate release into the community.
69There are a number of aggravating features in respect of your offending in the charges on the trial indictment. Your offending involved a gross breach of trust. You were the girls' stepfather. You exploited your position of power or authority that you exercised over them by violence and sexual abuse.
70Your offending commenced when the victims were very young, Teresa Alston aged five and Sheryl Alston aged seven. You engaged in many different kinds of sexual acts with each of them. Your activity included both digital and penile penetration, as well as being compelled to anally penetrate you. On some of the occasions of penile penetration, the girls indicated they were experiencing pain and there was bleeding. As the girls matured, there was no protection ever used, with the risk of pregnancy or STD a possibility.
71Your sexual offending in respect of both victims was prolonged, covering a period of seven years. The nature of some of the offending was particularly degrading, bizarre, and obscene. This is particularly so in respect of Teresa Alston, with the use of various objects for penetration both of you and by you in relation to her. You involved the family dog in an instance of your offending, and Teresa Alston witnessed you consuming your ejaculate.
72During the period of the sexual offending, you were convicted of a sexual offence against an older member of the family, Tina Alston, and sentenced to a partially suspended sentence. You continued to offend during the operational period of that sentence, and at a time when you were a registered sex offender.
73This offending occurred in the context of physical violence and threats being made to each of Teresa Alston and Sheryl Alston, some activity the subject of specific charges. It was also in the context of physical abuse of their mother and younger siblings. Threats made to them to participate in sexual activity with you were real.
74The violent offences against them were serious, given the context, the nature of the injuries, e.g. Sheryl Alston a broken collarbone; Teresa Alston a tooth fell out, and the relative size of you compared to them.
75The maximum penalty for the maintain offence is 25 years. Your sexual offending in respect of both girls are very serious examples of the offence.
76In respect of all the offending, they were very young children subjected to violence and threats directed to themselves and other family members. You exercised control over all members of the household and instilled fear within them. This offending occurred in their own home. You were in a position of trust with respect to each of the children, and some of the occasions the children were present when their mother was assaulted, and were required to assist her.
77In sentencing you, I must take into account the current sentencing practices. That enquiry is directed particularly, though not exclusively, to the kind of sentence imposed in comparable cases, as reflected in the relevant table and sentencing statistics or snapshot, both provide by the prosecution.
78I am mindful that such material is of limited assistance, given the varied circumstances and sentencing considerations applicable to each individual case. I do note, however, that the majority of the cases referred to in the table where cases where there had been a plea of guilty to the maintain offence.
79Sexual offending of this nature has features that require and condone punishment. Your offending has characteristics with the Court of Appeal recently remarked in respect of incest, a crime with some analogous features to your most serious offending, commented as follows:
"It involves the exploitation by the stronger will of the adult of the weaker will of the child; the physical and psychological subordination of the child to the perverted indulgences of the adult; the gross breach of trust placed in the offender by the victim and the community; and irreparable damage to the victim."
80See Sutton v The Queen [2015] VSCA 251, and approval therein of the remarks of Justice Marks in Sposito (unreported, 8 June 1993).
81As previously outlined, I take into account your plea of guilty to the plea indictment, limited remorse, and your personal circumstances, though there was very little material in mitigation with this very serious offending.
82The basic purpose for which a court may impose a sentence of imprisonment are just punishment; deterrence both specific and general; rehabilitation; denunciation of your conduct; and protection of the community. In sentencing you, I must have regard to a range of factors, such as the serious of your offending; your culpability for it; your personal circumstances, and those of your victims. I am required to balance those interests with the interests of the community in seeking to ensure as far as possible you, as an offender, are rehabilitated and reintegrated into society.
83Under the serious offender provisions of the Sentencing Act, on your conviction and sentence to terms of imprisonment in respect of both Charges 1 and 9 on the trial indictment, I am required on the sexual offence charge thereafter, that is Charge 11, to regard the protection of the community from you as the principle purpose for which the sentence is to be imposed.
84Additionally, under those same provisions of the Sentencing Act, on your conviction and sentence on Charge 3 on the plea indictment, I am required on the violent offence charge thereafter, that is Charge 5, to regard protection of community from you as the principle purpose for which the sentence is to be imposed.
85If necessary, in order to achieve the purpose of protecting the community, I am empowered under s.6D of the Sentencing Act to impose a sentence greater than is proportionate to the gravity of the offence.
86Under s.6E of the Sentencing Act, it also requires that unless I otherwise direct, with respect to those two identified charges, the sentences I impose you are to be served cumulatively. I note, however, the Crown did not call for disproportionate sentence, nor for all cumulation in respect of those charges.
87The prosecution submitted the sentence to be imposed should be a significant period of imprisonment, to reflect the very serious nature of the offending, particularly in respect of the trial indictment. It was submitted that there should be a measure of cumulation between the charges on each indictment, as well as upon each indictment, to reflect the different victims and different acts.
88Your counsel conceded that a significant term of imprisonment was inevitable, but submitted that I should set a minimum that allows for your reintegration into the community and facilitates your rehabilitation, and that I do not impose a crushing sentence.
89Taking all relevant sentencing considerations into account, and bearing in mind the principle of totality in sentencing you, and in setting the individual sentences and orders for cumulation between the charges on each indictment, and between the trial and plea indictment, I impose the following sentence. Mr Morgan, could you please stand up.
90In respect of Charge 1, you are convicted and sentence to a period of imprisonment of 13 years.
91In respect of Charge 2, you are convicted and sentenced to a period of three months.
92In respect of Charge 3, you are convicted and sentenced to a period of imprisonment of six months.
93In respect of Charge 4, you are convicted and sentenced to a period of imprisonment of six months.
94In respect of Charge 5, you are convicted and sentenced to a period of imprisonment of nine months.
95In respect of Charge 6, you are convicted and sentenced to a period of imprisonment of six months.
96In respect of Charge 7, you are convicted and sentenced to a period of imprisonment of six months.
97In respect of Charge 8, you are convicted and sentenced to a period of imprisonment of six months.
98In respect of Charge 9, you are convicted and sentenced to a period of imprisonment of nine years.
99In respect of Charge 10, you are convicted and sentenced to a period of imprisonment of six months.
100In respect of Charge 11, you are convicted and sentenced to a period of imprisonment 12 months.
101In respect of Charge 12, you are convicted and sentenced to a period of imprisonment of six months.
102In respect of Charge 14, you are convicted and sentenced to a period of imprisonment of 18 months.
103In respect of Charge 16, you are convicted and sentenced to a period of six months.
104And in respect of Charge 17, you are convicted and sentence to a period of six months.
105In respect of the trial indictment, the base sentence is Charge 1, 13 years, and three years of the sentence imposed in respect of Charge 9 is to be served cumulatively. So thereby, the total effective sentence for the trial indictment is 16 years.
106In the plea indictment, in Charge 1 you are convicted and sentenced to a period of 12 months.
107In respect of Charge 2, you are convicted and sentence to a period of imprisonment of 18 months.
108In respect of Charge 3, you are convicted and sentenced to a period of imprisonment of 12 months.
109In respect of Charge 4, you are convicted and sentenced to a period of imprisonment of 12 months.
110In respect of Charge 5, you are convicted and sentenced to a period of imprisonment of 12 months.
111In respect of Charge 6, you are convicted and sentenced to a period of imprisonment of 12 months.
112In respect of Charge 2, that is the base sentence of 18 months, and six months of the sentence on Charge 4, and six months on the sentence of Charge 6 is to be cumulative, making a total effective sentence on the plea indictment of two years and six months.
113The sentence imposed on the plea indictment is cumulative on the sentence imposed on the trial indictment, leaving a total effective sentence of 18 years and six months. I set a non-parole period of a period of 15 years.
114In respect of Charge 11 of the trial indictment, having sentenced you the terms of imprisonment in respect of Charges 1 and 9, your conviction for this charge qualifies you as a serious sexual offender, and I make that declaration.
115In respect of Charge 5 on the plea indictment, having sentenced you to terms of imprisonment in respect of Charge 3, your conviction for this charge qualifies you as a serious violent offender, and I make that declaration.
116Pursuant to the Sex Offender Registration provisions, as previously noted in October 2008, you were placed on the Sex Offender Register for a period of eight years. Given your convictions for Charges 1 and nine on the trial indictment, they are Class 1 offences as defined by the s.34(c)(1) of the Sex Offender Registration Act, and you will be registered for the remainder of your life.
117I declare presentence detention of 456 days. Additionally, in respect of the plea indictment, if you had not pleaded to those matters, I would have sentenced you to a period of three-and-a-half years' imprisonment. Are there any other matters?
118MS WARDA: No, Your Honour.
119MR THYSSEN: No, Your Honour.
120HER HONOUR: Thank you. You can take the prisoner away, please. Sorry, Mr Morgan, there is just the offender's registration, thank you. Mr Morgan, could you please sign the order. It is regarding your recognition of what I have said to you about sex offender registration.
121MS WARDA: He can refuse it.
122HER HONOUR: All right, well it will be noted that you have refused that, Mr Morgan.
123OFFENDER: Allahu Akbar.
124HER HONOUR: Take the prisoner, thank you.
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