Director of Public Prosecutions v O'Loughlin

[2024] VCC 1698

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR -22-00523

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARK O'LOUGHLIN

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JUDGE:	HIS HONOUR JUDGE LYON
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	14 May 2024
CASE MAY BE CITED AS:	DPP v O'Loughlin
MEDIUM NEUTRAL CITATION:	[2024] VCC 1698

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:  Sex Offender Registration Act 2004 (Vic)

Cases Cited:

Sentence:  Sex Offender Registration for a period of 15 years

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Fetherstonhaugh	Office of Public Prosecutions
For the Offender	Mr C. Oldham	Adrian Paull Legal

HIS HONOUR: 

1Parties, I have had to gather you here today because since I imposed the sentence in this matter, it has come to my attention that the offence for which you were convicted, Mr O'Loughlin, is classified as a Class 1 offence for the purposes of the Sex Offender Registration Act.[1]  That is, you were convicted of an offence which involves sexual penetration where the victim is a child.  According to Schedule 1 of the Act, that makes it a Class 1 offence.

[1] 2004 (Vic).

2That also means that by operation of law, you are automatically registered as a registerable offender.  It is not a matter of discretion exercisable by me.  As such, upon your release from custody from your sentence, you will be required to comply with the reporting conditions and obligations imposed under the Sex Offender Registration Act for a period of 15 years.  This is the period prescribed by s34(1)(b) of the Act.

3You will be provided with a volume of material which sets out your obligations. I will amend the Court Order for sentence made 26 April 2024 to reflect this amendment and I am able to make the amendment pursuant to s104A(1)(b) of the Sentencing Act 1991.[2]

[2] (Vic).

4I will also revise and amend my sentencing remarks to reflect this amendment.

5Thank you.  Is there anything else?

6MR OLDHAM:  Nothing further, Your Honour.

7HIS HONOUR:  Thank you.

8MS FEATHERSTONHAUGH:  No, Your Honour.  As the court pleases.

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