Director of Public Prosecutions v Parron (a pseudonym)

[2025] VCC 1299

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

SEXUAL OFFENCES LIST

DIRECTOR OF PUBLIC PROSECUTIONS

v

LORENZO PARRON (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE DOYLE
WHERE HELD:	Melbourne
DATE OF HEARING:	29 August 2025
DATE OF SENTENCE:	5 September 2025
CASE MAY BE CITED AS:	DPP v Parron (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 1299

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentence

Catchwords:              Guilty plea - Sexual assault of a child under the age of 16 - Sexual penetration of a step-child – 83-year-old offender – High moral culpability - no prior convictions – balancing the need to impose and appropriate sentence consistent with the gravity of the offending against the avoidance of a ‘crushing’ sentence due to age.

Legislation Cited:      Sentencing Act 1991, Crimes Act 1958; Sex Offenders Registration Act2004.

Cases Cited:Bugmy v The Queen [2013] HCA 37; 249 CLR 571; RLP v The Queen [2009] VSCA 271; R v Bazley (1993) 65 A Crim R 154; R v Cumberbatch [2004] VSCA 37 (15 March 2004).

Sentence:                  Total effective sentence of 12 years and eight months with a non-parole period of 8 years’ imprisonment.

6AAA: 13 years and eight months with a minimum non-parole period of nine years and six months

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr R. Barry	Office of Public Prosecutions
For the Accused	Mr A. Pyne	James Dowsley and Associates

HIS HONOUR:

1Lorenzo Parron,[1] you have pleaded guilty to three charges of sexual assault of a child under the age of 16, which carries a maximum penalty of 10 years' imprisonment; and six charges of sexual penetration of a stepchild, which carries a maximum penalty of 25 years' imprisonment.

[1] A pseudonym.

2The victim in this matter is your stepdaughter, Jenna Parron,[2] who was aged between 10 and 13 at the time of the offences. She is the daughter of your ex-wife, Alice Parron.[3]  You were aged between 78 and 80 when you committed these offences.

[2] A pseudonym.

[3] A pseudonym.

3The circumstances of your offending are set out in the prosecution opening which you accepted, and which was tendered as an exhibit on the Plea.

4In 2006, you met Alice in the Philippines. Soon after, you started a relationship. You were 62 years old. You and Alice married in the Philippines in January 2009. She fell pregnant with Jenna to another man whilst living in Vietnam with you.  In September 2009, she went back to the Philippines and gave birth to Jenna in October.

5Soon after, Alice and Jenna moved back to Vietnam to live with you.

6Between 20 October 2015 and 19 October 2017, when Jenna was aged between six and eight years old, she lived with you, her mother and her brother James in the Philippines.  On one occasion in this period, she was home with you and James. You told James to go and check if the resort nearby was open. While James was gone, you touched Jenna's vagina with your hand. On other occasions during this period, you made Jenna touch your penis. These acts are relied upon by the prosecution as providing context to the charges in this case.

7By September 2019, you had returned to Australia and at that time, Jenna and her mother moved to Australia. They lived with you in a house in Rowville. Jenna went to the local primary school.

8On 15 September 2021, all of you moved to a different house in Ferntree Gully. This was a three-bedroom home with an ensuite in the master bedroom. You and Alice did not sleep in the same bedroom, and you had not slept in the same bedroom since sometime in 2020.  Jenna had her own bedroom.

9In early 2020, Alice began training to work in aged care services. She worked shifts, leaving early in the morning and returning home late in the evenings, sometimes doing double shifts which would require her to stay overnight, away from home. Alice did not drive. You drove Jenna to school every morning, and she would catch the bus home in the afternoon. Jenna completed Grades 4 to 6 at her primary school and then moved to a Secondary College from 31 January 2022 until these offences were reported to police when she was in Year 7.

10The charges cover offending at both the residential addresses and seven of the charges are rolled up offences covering different incidents of the alleged conduct.

Rowville offending

Incident 1

11Incident 1 at the Rowville address occurred in the evening between 1 January 2020 and 31 December 2020, when Jenna was aged between 10 and 11, she was alone with you in your work car and you went to the a Shopping Centre. She was in the front passenger seat, and you were in the driver's seat. In the carpark, you grabbed Jenna’s hand and placed it on your penis under your pants but over your underwear. (Charge 1)  

12You then pulled your pants down and told Jenna to 'suck it' and penetrated her mouth with your penis. (Charge 2) As you drove back home, you continued to penetrate Jenna’s mouth with your penis.

13When you arrived home and parked in the garage, you said to her 'don’t go inside yet'.  You got out of the car and walked around to the front passenger seat. She knelt on the concrete floor in front of you. You penetrated her mouth with your penis. (Charge 2)

Incident 2

14On another occasion between 1 January 2020 to 17 September 2021, at the Rowville address, Jenna was home after school alone with you. She had just showered and returned to her bedroom to get dressed. She was naked when you walked into the bedroom and told her to lie on the edge of the bed. You put your mouth on her vagina. (Charge 1)

Incident 3

15On another occasion between 5 October 2020 and 17 September 2021, Jenna was home alone with you whilst Alice was at work. She was on the phone to her friend when you came into the bedroom and asked her to come into your bedroom. When she entered your bedroom, you were standing next to the desk with your underwear down exposing your erect penis. You then penetrated Jenna mouth with your penis for around three minutes. (Charge 2) She cried and went to her room. You apologized and said 'I’m sorry, if you don’t want to do it, you don’t need to. We only do it if you want to do it.' You promised you would never do it again. You then asked her if there was anything you could do for her, offering to go to Coles and get her food.

16You then drove to Coles, where you bought her an energy drink and some Oreos.

Ferntree Gully offending

Incident 4

17The first incident described in the prosecution opening occurring at Ferntree Gully took place between 1 January 2022 and 25 November 2022, when Jenna was aged between 12 to 13 years old. She was home in the afternoon, and she went to the kitchen to get some food. Alice was not home.

18You were in the kitchen standing next to the sink wearing a dark blue t-shirt and your underwear. You called Jenna over to you, moved your underwear to the side, exposing your penis. Aware of what you wanted from her; she knelt on the floor in front of you. You then penetrated her mouth with your penis. for around five minutes. (Charge 3)

Incident 5

19On another occasion between 26 April and 24 June 2022, you called Jenna into your bedroom, and you told her to lie down on your bed, which she did. You began to touch your penis moving it in her face and gesturing for her to perform oral sex. You penetrated with your penis as she lay on the bed for around 20 minutes. (Charge 3)  

20During the oral penetration, you touched her clitoris by moving you fingers in a circular motion. (Charge 6) You also touched her breast with your hand.

21Jenna felt something slimy on her vagina, but she was not sure if it was lubricant. You then penetrated her vagina with your fingers and said to Jenna 'It’s going to hurt a little bit'. Jenna described this penetration as going 'all the way in' her vagina. (Charge 4)

22The penetration caused Jenna significant pain, and she yelled 'fucking stop' whilst crying. This was the first time digital penetration had occurred.  When you stopped, she went back to her bedroom.

Incident 6

23On a separate occasion between 26 April 2022 and 31 August 2022, when Jenna was aged 12, a couple of days after you had penetrated her vagina with your fingers, she came home from school and was in her bedroom.  Her mother was not home at the time. You called Jenna into the bedroom and said, 'get on the bed'. You took your pants off, and you took out a tube of 'Silky' branded lubricant and put the lubricant on your penis and on her vagina. You told her to remove her clothing and how to position herself. She lay down on the bed and leant on her elbows. You then penetrated her vagina with your penis. (Charge 5)

24She screamed in pain. You continued to penetrate her vagina with your penis. This was the first incident of penile/vaginal penetration. (Charge 5) Jenna said in her VARE that she got used to the sensation of penile/vaginal penetrations, and that these penetrations took place at least twice a week.

Incident 7

25On another occasion between 26 April 2022 and 25 November 2022, at the Ferntree Gully address, you called her into your bedroom. You then told her to go into Alice's bedroom. You told her to take her pants off and get on the edge of the bed closest to the closet. She got on the bed with her legs spread open as you stood on the edge of the bed holding a blue and white lubricant bottle. You placed lubricant on your penis and penetrated her vagina with your penis. (Charge 5)

Incident 8

26Between 1 October 2022 and 25 November 2022, at the Ferntree Gully address, Jenna was home in her bedroom sleeping in her bed with the blanket over her. At around 6.00 am, Alice Parron went to work, and then you walked into Jenna's bedroom and sat on the bed next her. She ignored you by pretending to be asleep, but you then pulled the blankets off, pulled her pants down and touched her vagina with your hand. (Charge 6) You took your pants off and told her get on her knees on the bed. You produced lubricant, you put it on your penis and penetrated her vagina with your penis. (Charge 5)

Incident 9

27On Monday, 21 November 2022, Jenna came home from school.  She was in her bedroom watching Netflix when you arrived home. You told her to go into your bedroom, which she did.  She saw you standing by your desk. She knelt in front of you, and you penetrated her mouth with your penis. (Charge 7)

28You took your pants off and you told her to do the same. You stacked pillows on the side of the bed and she climbed onto the bed and sat on the pillows, lying back, whilst her legs were facing the closet. You put lubricant on your penis and penetrated her vagina with your penis. (Charge 8)

29When you stopped, she went to the bathroom and wiped off the lubricant from her vagina and then placed the wipes inside the rubbish bin in the bathroom.

Incident 10

30On Tuesday, 22 November 2022, between 6.00 pm and 7.00 pm, you called her into your bedroom. When she entered you were leaning on your desk wearing tracksuit pants, which you pulled down. She knelt in front of you, and you penetrated her mouth with your penis. (Charge 7)

31You then told her to take off her pants. She got onto the bed on her knees facing the wall. She was leaning on her elbows and lying on her stomach. You got onto the bed behind her and penetrated her vagina with your penis. (Charge 8)

32When you stopped, Jenna got up and went to the bathroom and used a wipe to wipe off the lubricant from her vagina and placed the wipe inside the rubbish bin in the bathroom. About 30 minutes later, on this same date, you again called her into your bedroom for a second time and penetrated her mouth with your penis.

33You then told Jenna to get on your bed, told Jenna to take her pants off, and you then penetrated her vagina with your penis. 

Incident 11

34On another occasion between 21 and 25 November 2022, Jenna was in your bedroom. You were standing near the bedframe with your pants off. She could see there was a cushion on the floor, and she knew what that meant. She approached you near the desk. You then penetrated her mouth with your penis. (Charge 7)

35You told her to get onto the bed and take her pants off. You then penetrated her vagina with your penis. (Charge 8)

Incident 12

36On Thursday, 24 November 2022, in the morning before school, Jenna was getting dressed and putting on make-up.  You called her into your bedroom. She entered your bedroom. You were standing next to your desk. She took her pants off and placed them next to the bed.  She got onto the bed on her knees. She saw you pull your pants down and then heard the bottle of lubricant being opened and squeezed. You placed lubricant on her vagina and used your fingers to touch her clitoris. (Charge 9) You then touched her anus with your fingers and the lubricant.

37You then penetrated her vagina with your penis (Charge 8)

38You told her to 'come back for more later'.  She said 'no'. She went into the bathroom and wiped her vagina with the wipes in the bathroom and disposed of the wipe into the rubbish bin in the bathroom. She went back into her bedroom and continued to get ready for school.

Incident 13

39The final incident occurred on Friday, 25 November 2022, Jenna had a friend at the house for a sleepover. In the middle of the night at 2.00 am, she went to the bathroom.  As she left the bathroom, she saw you standing in the kitchen getting a drink.  You said to her 'come into my room' and you pulled her back into your bedroom by her wrist. She stood near the doorway of your bedroom, and you asked her to shut the door. You were leaning against the bedframe. You removed your underwear to the side to expose your penis. You told her to get on her knees in front of you. You asked if she wanted a cushion for her knees as she had tripped on a rock a few days before. You then penetrated her mouth with your penis. (Charge 7)

40Whilst you were penetrating her mouth, she spat on the ground and told you to keep going. You told her to get on the bed, but she said no, walked out of the bedroom and returned to her bedroom.

41At about 3.00 am she went into her mother's room and said, 'daddy touched my vagina, and he forced me to do something, and I don’t want to do it', and 'he put his thing in my mouth and he laid me in the bed and he put his thing inside me'. She told her mother it had been happening for years.

42Alice Parron told Jenna to go and wake up her friend.  She also told her friend that you had raped her.   

43They went to a nearby park and called Triple 0. Police arrived there at 4.00 am, and Jenna, her mother and her friend were taken to the police station.

44She made her VARE in this matter on 25 November.  

Arrest

45You were arrested that day and interviewed at the police station. You made a no comment interview. On 12 December 2022, you were arrested again and further matters to be put to you, and again you made a no comment interview which is your legal right.

DNA Evidence

46Seminal stains were found on at least two of the wipes seized and, on a napkin, seized from your residence by the police.  The DNA extracted matched your sample.

Guilty plea

47This matter was listed for trial in late February of this year.  You did not appear.  I issued a warrant, adjourned the trial and vacated the trial date.

48You were arrested in March 2025 in Queensland.  The matter was further listed for trial on 17 June this year.  On that day, you made an offer to the prosecution.  That offer was accepted, and you pleaded guilty the following day.

49

Your plea of guilty in this case came at close to the last opportunity.  You had already cross-examined the complainant at a special hearing.  The time allocated by the court to the trial listing in February was wasted because of your

non-appearance; the court further allocated time to the trial in June.  In the end, it seems to me your plea was a belated acknowledgement of the strength of the prosecution case.

50The utilitarian value of the plea in these circumstances is very limited.

51Moreover, there is no basis to find your plea reflects any remorse for the offending. 

52However, your plea does have some utilitarian value in avoiding the use of the resources of the court the police and the prosecution for the time the trial would have taken in June and sparing other witnesses the experience of having to give evidence.  Your guilty plea did provide some finality to the victim in this case.  I accept the submission that this may assist her in her recovery from the appalling experiences you inflicted on her and provide her with some vindication.  Your plea gave her closure earlier than if you had run a trial and you must receive some sentencing discount to recognise these aspects of the guilty plea.

Victim impact

Alice Parron

53One victim impact statement was provided in this case from Alice Parron.  It is a short statement, and I will read it in full.  She said this:

After I found out what happen to my daughter, [Jenna], it makes me feel so painful, stressed and I blamed myself. Every time I look at my daughter, [Jenna], it melts my heart. I asked myself why I am so careless, why I am so fool to believe that my ex-husband, [Lorenzo’s] love to my daughter is pure? I blame myself for everything that happen to my daughter, there is no night and day that I have to stop asking myself 'why'. It makes me so worry for [Jenna’s] future, she might be scared to meet man or have the love of her life in the future, Is she feeling safe to have someone around her? My mind never stop thinking. Every time [Jenna] is not around, I felt nervous and worried that someone out there might hurt her and I was not able to be there to protect her again. I don’t know what to do. If I could keep [Jenna] next to me 24 hours I will do. The person that we have trusted to protect us, is the person who put us in worst nightmare ever. And it is so painful. The pain he gives us is unforgiven.”

54This statement obviously underscores the enormous breach of trust, not only in relation to the victim but also the trust of Alice Parron. 

55Although there is no victim impact statement form the victim, the law presumes that premature sexual offending against children will result in serious enduring physical and psychological harm.  Given the gravity of your conduct towards the complainant, there is no reason to think anything other than the impact of your offending for the victim will be very serious indeed.   

56The impact on the victim and her mother is an important matter informing the need for just punishment for these offences.

Gravity

57The maximum penalty of 25 years' imprisonment for the sexual penetration offences, and 10 years' imprisonment for the sexual assault offences reflects the seriousness with which Parliament regards such offences.

58Furthermore, both offences are standard sentence offences.  The standard sentence for sexual penetration is 10 years' imprisonment and for sexual assault it is four years' imprisonment.  These standard sentences are indications of the gravity of the offences to which you have pleaded guilty.

59The standard sentence is simply a legislative guidepost like the maximum penalty, which applies to offences considered to be in the mid-range of seriousness, considering only the objective factors of the offence.  The standard sentence is just one matter I must have regard to amongst the many that I will refer to in these remarks in deciding the appropriate sentence.

60You were an old man when you committed these offences against your stepdaughter who was between 10 and 13.  The offending was a gross breach of trust.  You had a parental responsibility towards her.  Your responsibility was to protect her; instead, you groomed her and persistently treated her as an object for your sexual gratification in very serious ways, mostly when her mother was not at home.

61The charged offences arise from 13 incidences I have outlined in the summary of facts.  Many of the offences are rolled-up offences incorporating multiple acts of penetration and sexual assault of different types. 

62Charge 1 covers two sexual assault acts at Rowville, namely placing the victim's hand on your penis and, on a separate occasion, placing your mouth on her vagina.

63Charge 2 covers three incidents of oral penetration at Rowville.

64Charge 3 covers two incidents of oral penetration at Ferntree Gully.

65Charge 5 covers three incidents of penile/vaginal penetration in 2022, including the first occasion on which this type of penetration took place. 

66Charge 6 covers two incidents of sexual assault, one of touching the complainant's clitoris and the other is described as touching her vagina occurring in 2022 at Ferntree Gully.

67Charge 7 covers a specific period between 21 November 2022 and 25 November 2022 and relates to four incidents of oral penetration.

68Charge 8 covers the same period and relates to four incidents of penile/vaginal penetration.

69All things being equal, a rolled-up charge is more serious than a single incident.  Of course, the individual charges are governed by one maximum penalty, but I must sentence based on the totality of your criminality underlying those charges.

70Additionally, although you are not to be punished for other uncharged sexual conduct, it cannot be suggested that the sexual abuse of the victim was isolated to the charged acts in this matter.  This is the purpose of the references to uncharged sexual activity in the prosecution opening, particularly of penile/vaginal penetration

71The sexual assault offences are serious examples of those offences having regard to the acts themselves, the breach of trust and the age gap.

72No condom was used in the penile/vaginal penetration offences and although there is no direct reference to ejaculation, in my opinion you exposed the victim to the risk of pregnancy in relation to the 2022 offences, having regard to the evidence of the Forensic Medical Officer that the victim reached puberty in late 2021. Further, you exposed the victim to the risk of disease.

73During the first instance of digital penetration and the first instance of penile penetration the victim experienced significant pain and was screaming and you continued to penetrate her.

74The offending can be characterised as coercive with you ordering her to perform sexual acts with you.  It only stopped when the victim could no longer tolerate your abuse and told her mother.

75This was egregious, and remorseless offending against a young child for whom you had responsibility. Your moral culpability for the offending is high.  General deterrence, just punishment and denunciation must be given substantial weight in sentencing for these very serious offences.

76There is no doubt that only a substantial sentence of imprisonment is appropriate in this case.

Personal circumstances

77The details of your upbring and personal circumstances are described in the defence written submissions.

78You were born in July 1942, and you are currently 83 years old.  At the time of the offending, you were between 78 and 80.

79You were born in Adelaide. You were one of seven children. Two of your siblings are still alive.  You have no contact with them.

80You describe your upbringing as difficult.  You say you were regularly evicted from homes throughout your childhood, probably because of failures to pay rent.  Your father had gambling problems, which aggravated the family's financial, situation. You recall that when you were under the age of 10, your mother left the family for five months which you understand was an ultimatum to your father over his gambling.

81You describe living in multiple houses before eventually settling in a 'trust house'.  

82Your father passed away when you were 14 years old from a heart attack, and you left school around that time.  You were an average student at school.  You then went to work with the South Australian Rubber Mills as an apprentice toolmaker.  You completed the apprenticeship and then worked as a toolmaker for five years.

83At that time, you were in a serious relationship with a woman who encouraged you to go back to school, which you did.  You were working for Chrysler during the evening.  You eventually matriculated and obtained work with the Department of Lands as a surveyor.

84You later went to teachers' college.  You did a course in computer technology and then worked in that industry in Brisbane.

85Later, you obtained work as a computer operator for a packaging company.  You then left Australia and lived in London where you obtained a job with an Italian bank as a computer operations manager.  You later moved back to Australia and worked with a pool company, which you later acquired.

86When you started a relationship with a woman you met in Brisbane, you sold the business and moved to Brisbane.  You got married, but the marriage did not last.  You ran indoor cricket centres in Brisbane, and you later ran a gym. 

87You then moved to San Francisco and worked installing pools.  You ran that business for 14 years.

88Later, you became involved in the furniture industry and started a manufacturing business in Vietnam in the early 2000s.  You owned a warehouse which made furniture for sale by Freedom in the United States.  You lived in Vietnam for four years and travelled frequently to the United States.  By that stage, you were in a relationship with Alice Parron.

89Your business failed in the global financial crisis, and you moved back to Australia.  Alice Parron remained in the Philippines initially.  By that stage, you were back in the swimming pool industry, and you were still running a swimming pool business at the time of your arrest for this matter.

90As indicated in the prosecution opening, Alice Parron and her daughter came out to live with you in Rowville and then Ferntree Gully.

91Your counsel submits that this background is a disadvantaged one and I should apply the principles in the case of Bugmy[4] in a general sense. Of course, I must have regard to your personal circumstances and upbringing, and based on your account, as a child you had a difficult and unstable upbringing involving a degree of poverty.  I am not, however, satisfied that what is described in this case constitutes cogent evidence of the type of deprivation which attracts the application of the Bugmy principles to reduce your moral culpability for these serious child sexual offences committed by you as a 78-year-old.  In fact, as Mr Pyne submitted, you were able to drag yourself up from your family circumstances and lead a successful life. I accept that from the description you have given of your education and work history.

[4]Bugmy v The Queen [2013] HCA 37; 249 CLR 571

92Since you were remanded in custody in respect of this matter, you have worked within the maintenance and electrical division of the Hopkins Correctional Centre. 

93Mr Pyne submitted, and I accept these are matters to be considered in your favour in assessing your prospects of rehabilitation.

Prior criminal history

94You have no prior convictions.  This is a matter of some significance, but in the context of this very serious offending and your high moral culpability, good character has a limited role to play.

95The assessment of your prospects of rehabilitation is difficult having regard to your age.  You will be a very old man by the time you are released from prison, if you survive the sentence I impose.  In those circumstances, the risk to the community from you is greatly reduced.  It seems to me unlikely you will ever have the opportunity to again commit the type of offences you committed against the victim in this matter. Accordingly, the need for specific deterrence and community protection is reduced.  Furthermore, the usual factors relating to the assessment of prospects of rehabilitation are less important than the age you will be when you are released and the corresponding reduced risk of offending.

Age

96The main matter in mitigation is your age. You are now 83 years old.  No evidence was placed before me suggesting you have any specific health problems relevant to your life expectancy although as referred to in the defence submissions you are already beyond the average life expectancy for a male in Australia.  It is, however, often the case that age and evidence of ill health are interconnected mitigating factors.

97In RLP v The Queen, [2009] VSCA 271 at [39] the Court of Appeal summarised the principles relevant to sentencing elderly offenders:

“1.The age and health of an offender are relevant to the exercise of the sentencing discretion.

2.Old age or ill health are not determinative of the quantum of sentence.

3.Depending upon the circumstances, it may be appropriate to impose a minimum term which will have the effect that the offender may well spend the whole of his remaining life in custody.

4.It is a weighty consideration that the offender is likely to spend the whole or a very substantial portion of the remainder of their life in custody.

5.Other sentencing considerations may be required to surrender some ground to the need to exercise compassion to take into account the real prospect that the offender may not live to be released and that the offender's ill health will make his or her period of incarceration particularly onerous.

6.Just punishment, proportionality and general and specific deterrence remain primary sentencing considerations in the sentencing disposition notwithstanding the age and ill health of the offender.

7.Old age and ill health do not justify the imposition of an unacceptably inappropriate sentence.”

98In R v Bazley[5], the Court of Criminal Appeal concluded that:

The age of an offender is no doubt a relevant sentencing consideration.  It may in some cases be of considerable significance.  But it cannot be allowed to be a justification for the imposition of an unacceptably inappropriate sentence.[3]

[5](1993) 65 A Crim R 154.

99In R v Cumberbatch[6], the Court stated:

that a sentence which removed a reasonable future prospect of life outside and was therefore arguably crushing did not necessarily compel a conclusion that the sentence was manifestly excessive. 

[6][2004] VSCA 37 (15 March 2004).

100Mr Pyne submitted that that you will serve you sentence aware of the possibility or the likelihood you will die in prison.  He submitted that having regard to these principles I should seek to avoid a sentence that might be seen as 'crushing'.  He submits that your age is a 'weighty' consideration.

101He submitted that deterrence, denunciation and just punishment can be reflected in a sentence that is shorter than might otherwise have been the case because rather than those principles 'surrendering ground', they can be achieved by a shorter term because each year imposed represents a greater proportion of your remaining years.

102There is a real tension in this case between moderating the sentences to avoiding a crushing sentence on someone of your advanced age, and the need to avoid an inappropriately lenient sentence.  Any sentence commensurate to this offending, even one moderated to reflect your age, carries the very real risk you will die in prison. 

103Having regard to your age, but taking care not to impose an inadequate sentence, I have both moderated the individual sentences I would have otherwise imposed and cumulation and allowed for some leniency in deciding the non-parole period.

104You will be sentenced to a period of imprisonment for Charges 1 and 2.  You will therefore be sentenced as a serious sexual offender for the remaining charges.  The prosecution does not seek a disproportionate sentence in this matter and nor is one necessary given the available sentencing power.

105The fact that you are a serious sexual offender means that for those offences, community protection must be regarded as the most important sentencing purpose.  However, having regard to your age, the impact of community protection is greatly reduced.  You will be a very old man if you are ever released from prison.  In my opinion it is unlikely that, at that point, you will be any real risk to commit further sexual offences.

106Sentences for serious sexual offences are to be served cumulatively unless otherwise ordered.  This reverses the usual presumption of concurrency.  The totality principle requires that the total effective sentence must be just and proportionate to the overall criminality of the offending.  I have had regard to the totality principle in my order for cumulation in this matter.  The totality principle is modified but not excluded by the serious sexual offender provisions.

Totality

Non-parole Period

107The non-parole period is the minimum period justice requires to be served before you become eligible for release on parole.  It must be consistent with the objective gravity of the offending.  In this case, your age is a significant matter to take into account in fixing the non-parole period. 

108Further, in relation to standard sentence offences, the non-parole period must be at least 60 per cent of the head sentence unless it is in the interests of justice to impose a lower period.  In the end, I have decided not to impose a lower period than the 60 per cent, as will be seen.

Sentence

109Turning then to my sentences in this matter:

Charge	Offence	Maximum	Sentence	Cumulation
1	Sexual assault of a child under the age of 16 – 2 acts of touching the vagina - once on the clitoris. (rolled-up charge)	10	3 years	3 months
2	Sexual penetration of a step-child – three acts of oral penetration at Rowville. (rolled-up charge)	25	6 years and 4 months	8 months
3	Sexual penetration of a stepchild – 2 acts of oral penetration at Ferntree Gully  - 2022 (rolled-up charge)	25	6 years	10 months
4	Sexual penetration of a step-child --- single act of digital penetration.	25	6 years	10 months
5	Sexual penetration of a step-child – 3 acts of penile penetration - 2022 (rolled-up charge)	25	7 years and 6 months	14 months
6	Sexual assault of a child under the age of 16 – two acts of sexual assault -- touch clitoris and vagina. (rolled-up charge)	10	3   years	4 months
7	Sexual penetration of a step-child – four  acts of oral penetration - Nov 2022. (rolled-up charge)	25	7 years	10 months
8	Sexual penetration of a step-child — four acts of penile penetration - Nov 22 (rolled-up charge)	25	7 years and 8 months	Base
9	Sexual assault of a child under the age of 16 – single act of touching clitoris	10	2 years and 3 months	1 month
Total Effective Sentence:		12 years 8 months
Non-Parole Period:		8 years
Pre-Sentence Detention Declaration pursuant to s 18(1) of the Sentencing Act 1991:		185 days
Section 6AAA Statement:		13 years and eight months with a minimum non-parole period of nine years and six months
Other orders:		Pursuant to s 11 of the Sex Offenders Act 2004, the offender is a registerable offender and must comply with the reporting obligations for Life. Pursuant to s 6F of the Sentencing Act 1991, the offender is sentenced as a serious sexual offender on charges 3, 4, 5, 6, 7, 8 and 9.

110HIS HONOUR:  Yes, all right.  So those are the orders I will make in this matter.

111Are there any other orders I need to make?

112MR PYNE:  No, Your Honour.  As the court pleases.

113HIS HONOUR:  All right.  Ms Noone, nothing else?

114MS NOONE:  Not from the Crown, no Your Honour.

115HIS HONOUR:  All right.  I will stand down.

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