Director of Public Prosecutions v Raptis (a pseudonym)
[2011] VCC 686
•9 June 2011
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-10-0018
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CHRIS RAPTIS ( A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE PILGRIM | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 9 June 2011 | |
CASE MAY BE CITED AS: | DPP v Raptis (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2011] VCC 686 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms A. Skinner | |
| For the Accused | Ms S. Healy |
HIS HONOUR:
1 Mr Raptis[1], it was on Thursday 24 March 2011 that you pleaded not guilty to nine counts of incest, one count of gross indecency and one count of committing an indecent act with a child under the age of 16 years.
[1]Chris Raptis is a pseudonym
2 On 1 April 2011 the jury returned verdicts of guilty on seven counts of incest, guilty on the count of committing an indecent act with a child under the age of 16 and one count of gross indecency.
3 On 3 June 2011 you further pleaded guilty to one count of cultivating a narcotic plant, that is Cannabis L, and one count of possess a drug of dependence, again Cannabis L. You further consented to this court dealing with the summary offence of using drugs of dependence, again Cannabis L. That consent was pursuant to s.242 of the Criminal Procedure Act. You pleaded guilty to using this drug.
4 The learned prosecutor who was then Mr Albert has listed on a document exchanged with Mr Morrissey what the maximum sentences were that might be imposed. I assume Mr Morrissey has discussed that with you. Just for the record I will repeat what is therein.
5 The maximum sentence that can be imposed for incest is 20 years imprisonment. The maximum sentence for gross indecency is three years imprisonment, that of course dates back to the time of the offending. That matter is now substantially changed but you must be dealt with according to the legislation as it was at the time when the offence was committed. For committing an indecent act with a child under 16, maximum sentence for that offence at that time was ten years imprisonment.
6 On the second presentment, cultivating a drug of dependence or a narcotic plant, the maximum penalty in your instance because it is not for trafficking, that concession was made by the Crown, maximum sentence is 30 penalty units. Penalty units are a little more than $100 per unit. Possess narcotic plant, the maximum fine that can be imposed is 20 penalty units and for using a drug of dependence the maximum penalty is five penalty units.
7 In relation to those drug offences, having pleaded guilty to those offences I will impose a lesser sentence on them than I otherwise would have imposed, in other words you receive a discounted sentence for having pleaded guilty to those drug matters.
8 Mr Raptis, you turn 69 years of age later this month on 23 June, only a fortnight away. You married Alexandra Megalos[2] in Melbourne on 24 April in 1971, just a little over 40 years ago. Of this union there are four children.
[2]Alexandra Megalos is a pseudonym
9 Your eldest daughter is Katherine Spiros[3]. Katherine was born in 1972. Jelena Raptis[4] who has been in court on many of the days that this court has been sitting in relation to your case was born in 1973. Your third daughter Amarantha Raptis[5] was born in 1975 and then your son Dimitri Raptis[6] was born in 13 September 1977. Dimitri Raptis is the victim of the various counts of incest, gross indecency and indecent act with a child under 16.
[3]Katherine Spiros is a pseudonym
[4]Jelena Raptis is a pseudonym
[5]Amarantha Raptis is a pseudonym
[6]Dimitri Raptis is a pseudonym
10 It was in 1973 that you and your then wife built a single story house at 4 Balmoral Avenue in Bundoora. In 1989 you renovated this house which included adding a second storey to the building. The master bedroom for you and your wife Alexandra Megalos was on the second floor, as was the bedrooms of both Dimitri and Katherine. Jelena and Amarantha had their bedrooms downstairs.
11 It was in 2000 that you and Alexandra Megalos separated. Late in 2000 there was an attempt to reconcile. At this time the Raptis family as a whole held a meeting. This meeting was tape recorded by Jelena Raptis. You Mr Raptis was unaware that this recording was taking place. The attempt at reconciliation failed. You and Alexandra were divorced in 2003. It was then another five years later that Dimitri Raptis made the complaint to the police officers about you sexually abusing him, that was over a period, so his allegation said, a four or five year period.
12 Counts 1 and 2 occurred between late 1988 and early 1989 shortly after completion of the renovations at the Balmoral Avenue house. At this time Dimitri was then aged 11. Mr Raptis you were in your bedroom when you called out to Dimitri to come to you in that room. Dimitri did so, he found you to be naked on the bed. You then asked Dimitri to remove his clothes and to lie next to you on the bed. Dimitri removed his clothing down to his underwear. He then joined you on the bed. At this time, the television set was in your bedroom next to a dressing table. You then activated by remote control a pornographic video portraying an actor known as Jeff Stryker. Among other things this video showed oral and anal sex being performed on Jeff Stryker by another male person. Mr Raptis, you then told your 11 year old son that you wanted him to do that to you. Not surprisingly Dimitri refused to do so. You then pulled Dimitri's head down to your penis. Your penis entered the boy's mouth. You then pushed Dimitri's head up and down on your penis telling him to: "Do it like in the movie." Mr Raptis, you ejaculated into Dimitri's mouth.
13 I quote from the evidence of Dimitri as to this event. This was the evidence from the trial, transcript 35 commencing at line 14. This is what Dimitri said: "My father called me up to his bedroom. He said:
"'Come and lie with me', and I went up and he put this porno movie on and, m'mm, in the porno it was like they were in like a sauna. There was a lady and a man, and another man, and another man was Jeff Stryker. And he came in and the other guy started to, m'mm, to suck his penis. Then he said: 'I want you to do that to me.' And I said: 'No.' And he goes: 'Come on.' And he grabbed my head and he put my head there and he goes: 'Just lick it like a lollipop.' And then he goes: 'Do it like the movie.' And then I was doing it and he was moaning and groaning and stuff. And then he ejaculated in my mouth and then after that I remember him cuddling me and saying: 'Now that's a good boy, and you know that this can be our thing.' I remember still staying there watching more of the video and him saying: 'We can do this, we can do that and this is our thing.'"
14 Some ten years later the investigating police officers executed a search warrant on the home in which you were then living. The police officers found and seized this pornographic DVD.
15 Returning to the counts on the presentment, about one week after that event, the second count on the presentment, at this time you were showering in the ensuite attached to your bedroom. On this occasion you again called on Dimitri Raptis to come to you in the shower. Dimitri eventually did come into your presence whereupon you told Dimitri to wash your back at the same time telling him to remove his clothes and join you in the shower. Again Dimitri removed his clothes down to his underwear. You then told Dimitri to remove his underwear so that his mother did not see that these garments were wet. After rubbing your hands over Dimitri's body, you then squatted down and performed oral sex on this lad. That is Count 2.
16 Not long after these appalling events, you again called Dimitri to come to you in your bedroom. At this time you were naked in bed under the covers. You again asked Dimitri to take his clothes off and join you in bed. Dimitri removed his clothes again leaving his underwear on. Mr Raptis, you again put on a pornographic video. Both Dimitri and you were laying on your sides facing the television set. You had your back to Dimitri. You then asked Dimitri to move closer to you. Having done this, you then reached over and pulled down the front of Dimitri's underpants and masturbated his penis, causing him to become erect. Mr Raptis you then placed saliva from your mouth on to Dimitri's penis, you then guided his penis into your anus and you then commenced moving backwards and forwards on this lad's penis.
17 Dimitri's evidence then was that you each heard your wife Alexandra opening the bedroom door whereupon your ceased your movement, quickly changed the TV channel from the pornographic DVD and represented to Alexandra that you were watching television. You ordered your wife to be off downstairs. Alexandra left the room whereupon you re-commenced your to and fro movements on Dimitri's penis until such time as he ejaculated into your anus. That is Count 4.
18 The next count on the presentment is the count of gross indecency being Count 5. On this occasion which also includes Count 7, 8 and 9, Dimitri had come home from school. Dimitri was alone at home with you, the other family members were not present. There was a good deal of cross-examination of Dimitri about where they may have been. They may have been shopping, his sisters may have been at school, they were apparently high class sports persons and trained after school at the school.
19 Again you went to your bedroom and called Dimitri to join you in this room. Dimitri found you to be lying face down and naked on your bed. You then asked Dimitri to give you a massage. Dimitri commenced massaging you whilst Dimitri was fully clothed. You then instructed Dimitri remove his clothing which he did. Dimitri was massaging your shoulders and you instructed Dimitri to move lower in his massaging movements until such time that Dimitri was massaging your backside. You then said to Dimitri: "I want you to lick my arse." Dimitri refused. You then said: "Come on, do it for daddy." Dimitri relented and licked your arse.
20 I read again from Dimitri's evidence touching on that event, this is at line 14, transcript p.41. "All right and?" That was a question. Dimitri's response:
"And, umm, he asked me to give him a massage so I went. I was standing on the side of the bed and I went to give him a massage. And he goes: 'No, no, no, take your clothes off, it'll be better like that.' And then I took my clothes off and he goes: 'Now sit on top of me.' So I was sitting on top of him giving him a massage and I was massaging his shoulders and he kept saying: 'Lower, lower, lower.' Then I found myself massaging his bum cheeks, buttocks. And I was massaging that for a bit and then he goes: 'I want you to lick my arse.' And I said: 'No.' And he goes: 'Come on, do it for daddy.' Then I just did that he asked and I licked his arse and I felt like a dog, you know, because he had a hairy arse and I was - I didn't feel right like doing this but I did it and so I licked his arse.'"
21 I pause to comment Mr Raptis. You are a disgrace. To instruct an 11 or 12 year old boy to perform such a despicable act is almost beyond comprehension. Your behaviour was appalling.
22 To continue, you then rolled over on to your back, leant in front of Dimitri and performed oral sex on Dimitri, causing him to become erect. That circumstances constitutes the seventh count on the presentment.
23 Dimitri having become erect, you then mounted Dimitri by squatting above him. At this time your face was towards Dimitri's face. You then guided Dimitri's penis into your anus and commenced moving up and down on his penis. That constitutes Count 8. Not content with this degradation of your young son, you then said: "Now, it is your turn." You instructed Dimitri to roll over which he did. You commenced rubbing the boy's back. He saw you reach down for a bottle of baby oil from the bedside table. Mr Raptis, you then inserted your penis into Dimitri's anus. Again I quote from Dimitri's evidence as to this count, transcript p.42:
"Then he started to massage me and then I seen him reach over to get baby oil off the bedside table. This would've been mum's bedside table. The next thing I remember like something around my arse, feeling something and then feeling a massive sharp pain because he stuck his penis into my arse and as in, into my arsehole. Then I said: 'No, no. No, no. No. It hurts, it hurts.' And his whole weight was on top of me so I couldn't really move. I couldn't get up or anything. And he was moving in and out and it felt like a knife was going inside, like inside me. Then he said [there is an indistinct word] and then he kept getting - going faster and faster and the pain was obviously still there. And then he was going faster and faster and he was moaning and moaning deeper and faster, and he was moaning and moaning, deeper and faster and that. Making noises, he was doing it. Then he stopped and got off. I don't know if he stopped because he ejaculated or if he just stopped. I don't know."
24 And then a little later at transcript p.43: "After he got off, what happened?" That was the question. Dimitri says:
"I quickly got up, grabbed my clothes, run out of the room and then I am - got changed. I don't know where I got changed but I ran downstairs, went outside, got my bike and I went for a ride and I was crying. And I'm just riding around and didn't know what to do. I felt isolated, I didn't - I couldn't go anywhere."
25 At this time your full body weight was on top of Dimitri which prevented him from moving. Dimitri described your thrusting as getting harder and faster. I infer this lad was mortified by your actions and once released, he grabbed his clothes and ran downstairs, hopped on his bike and took off.
26 Mr Raptis, your despicable lust for sexual gratification knew no bounds. To defile your own son in such a manner is beyond logical comprehension.
27 The last two counts, one of committing an indecent act and one of incest occurred when at that time Dimitri had recently broken his leg whilst playing basketball. Dimitri's leg was in plaster. He was unable to manage the stairs in the house, hence he was sleeping downstairs. One night while Dimitri was sleeping downstairs, you entered his bedroom wearing only a t-shirt. You awoke Dimitri by slapping your erect penis to his face. That constitutes Count 10.
28 Having awoken this young fellow, you then grabbed him by the head and forced Dimitri to perform oral sex upon your penis. You ejaculated into his mouth and then left the room. Dimitri retired to the bathroom, spat out your semen, cleansed his mouth and teeth and then returned to his bed. That constitutes Count 11.
29 Turning to the drug counts to which you have pleaded guilty, I accept that you have grown, possessed and used this drug as a self-medicating project. You having suffered a workplace injury some years ago. You had grown and used these drugs to alleviate pain in your back that occurs as a result of that injury. There is no other ulterior motive even suggested by the prosecution in your gardening activity.
30 Mr Raptis, you have recently seen Mr David Ball, a forensic psychologist who prepared a report for this court dated 25 May 2011. This report has been produced as an exhibit in this plea. I do not propose to quote at length from Mr Ball's most helpful report but I do intend to annex the report to these comments so that it becomes part of the comments. That will assist the Parole Board and any other person or authority that may be interested in my comments. I do note however and quote from Mr Ball's report the following, under the heading "Diagnosis", this is what Mr Ball said:
"Mr Raptis fails to satisfy DSM-IV TR diagnostic criteria. I could find no evidence of clinical syndromes, notable deficits in his personality or other psycho-pathology. However he is suffering minor symptoms of depression and anxiety related to his current situation awaiting sentence."
31 I consider this to be expected and within normal parameters. I can understand any person in your position awaiting sentence must be anxious and depressed, they are made in the same report under the diagnosis of risk assessment. Amongst other things, Mr Ball said this, he has already discussed what the rules are in terms of how do you come to risk assessment, this is what he said:
"Utilising the most recent coding rules [and he names them], Mr Raptis returns a score of one which places him in the low risk category of sexual offence relative to other male sex offenders. Notably, this is the lowest possible level of long term risk of sexual recidivism on this instrument. According to these rules Mr Raptis is considered to be at low risk of recidivism due to the absence of any previous offending of any kind. Given the historical nature of the offence for which he was found guilty, any risk indicated by actuarial methods would be significantly reduced. Some researchers posit that by up to three quarters on the basis that he has been nearly 20 years offence-free and in the community."
32 Mr Ball goes on to say:
"Factors which may further reduce his risk including the full support of his daughter, brother and sister, and other members of his extended family, he reported no history of substance abuse or dependence and said that he maintains a stable lifestyle. He presents with lifelong family business and community ties."
33 Mr Raptis as you well know, I have a considerable number of references, 19 in fact but sometimes there are two signatures on the one so there are more than 19 referees but there are 19 pieces of paper produced to me by your counsel. Those references confirm the observations made by Mr Ball. All referees are aware of the charges that you faced in this court. In fairness to you, I will put a couple of them on to the record.
34 Your sister Chrystal Antoniou[7], I hope I have justifiably pronounced the name properly in my ignorance of how to pronounce that name, your sister says this of you:
"Chris Raptis is my older brother. As the eldest of three children migrating from Greece, we had little privileges and it was his responsibility as the eldest son to assist in the transition to new and unknown lands. Chris Raptis took on the role, he was almost like a father to us, he cared for myself and our brother. I always admired Chris Raptis for his strong work ethic which he demonstrated from an early age and right through his work at Qantas where he was employed doing shift work. Chris Raptis was always the provider looking after his family and not only affording them the necessities in life but also the luxuries of life, often working continuous shifts to accomplish this."
[7]Chrystal Antoniou is a pseudonym.
35 Your sister goes on to say:
"I have always looked up to Chris Raptis for his determination to make a better life for himself and his family whilst upholding strong family values. He would always motivate me to be the best that I could be at work in a very successful hairdressing business and at home when I had my own family. I would often seek Chris Raptis's advice and support during major life decisions and I always found that I could rely on him to be honest and helpful. Chris Raptis has always been a man of strong character and encouraged me to make thoughtful and well considered decisions in my life. Chris Raptis has always been the epitome of health, living a healthy lifestyle and promoting positive wellbeing within our family. Chris Raptis would exercise daily, swimming and eating home grown organic produce from his garden."
36 Your niece, Moira Floros[8], she says this:
"Uncle Chris Raptis is my maternal uncle. All through my adolescent years I recall spending weekends, sleepovers at his family home with my sister, cousins and aunty. At no time did I believe that he acted inappropriately towards us nor did I feel that I was at risk while in his care. In fact it was always my Uncle Chris Raptis that ensured that we, his four children, my sister and I, behaved and played fairly and were well looked after. Since having a family of my own, my husband and I have two children, a son aged three and 11 months and a 23 month old girl. We have had Uncle Chris Raptis stay at our home. At no time have we felt the need to question his behaviour towards our children. He has always played appropriately and my son who is articulate with his thoughts and feelings looks forward to his visits as do we. Uncle Chris Raptis is a gentleman of high moral standing. I never witnessed him become aggressive nor become verbally abusive. In fact he was always the mediator in family conflict situations and we would seek his advice and support during troubling times. He was always the voice of reason and the uncle who would support us during difficult times. I always admired this characteristic of his. I have very fond memories of him in social gatherings where he would laugh and dance to our delight and entertainment. Uncle Chris Raptis has always maintained a healthy lifestyle, he always motivated us to be fit and eat healthy, encouraging us to, as he did, engage in swimming, fishing, and exercising and overall good health. I've always been motivated by his lust for life and positive wellbeing."
[8]Moira Floros is a pseudonym
37 That is the full quote of the letter from your niece.
38 Your daughter Jelena Raptis also has provided a reference. This young woman speaks fondly of you as her father, amongst other things saying that you supported every child of the family and your wife, their mother of course, in the best possible way both financially and being a husband and father. Jelena further says:
"My father has instilled good values in the best possible way a father can do."
39 These three references mirror the sentiments expressed by all of those who have provided references in support of you. Indeed many of these folk are present at this plea hearing that was on the 3rd and perhaps again today. Indeed some if not all of them attended throughout the trial hearing days. Your references not only come from family but friends and business acquaintances.
40 If I pause there for a moment, the only observation I can make is that all of those references are totally, I emphasise totally, at odds to the evidence of Dimitri Raptis.
41 Mr Ball has adequately and very properly set out your personal and family background, your educational background, and your very strong work ethic. All very commendable. As I mentioned earlier I intend to annex this report to these reasons.
42 Dr Lamba in his memo of 3 June 2011 confirms your workplace shoulder injury and the drugs prescribed by him to assist you with pain management and repair to your shoulder. Mr Morrissey in his eloquent plea to this court emphasises that your pain is an ongoing issue. You managed this injury well when you were in the community. Now at your age it troubles you lately adjusting to the management of this injury whilst you find yourself confined in prison. Mr Morrissey addresses the reality of you at the age of 69 now finding yourself imprisoned. I agree with Mr Morrissey that this court should not impose a crushing sentence, that would be wrong for any person being sentenced. He says he implores this court not to impose a crushing sentence, that your age is a relevant factor that must be taken into account. As I understand the law, that is absolutely correct.
43 The case of R v Yates (1985) VR 41 has some parallels to your case in that the accused gentleman in that case Mr Yates was about, so the report says, about 68 years of age. Mr Yates in that matter was sentenced to ten years imprisonment with a minimum of eight years. I quote from the last paragraph I think it is, from Yates' case seen at p.48, this is what the judges in that case said:
"It remains to consider what should be the fate of the present application [that is of course Mr Yates' application]. That must depend upon the answer to the question whether a sentence of ten years with a minimum of eight years should be regarded as a crushing sentence for this applicant who is 68 years of age. The word "crushing" in this context connotes the destruction of any reasonable expectation of useful life after release. Acting upon the principle that he might have to serve the whole of the term imposed, the sentence is in our opinion clearly crushing. It should accordingly not be allowed to stand. In lieu thereof, the applicant should be sentenced to be imprisoned for a term of seven years and a minimum term of five years should be fixed before the applicant should be eligible to be released on parole."
44 I also observed that, that man did not have any allocation of prior offences being committed by him. However he did admit to two gaol terms having been served by him in England for similar offences. I observe also that this decision pre-dates the current Sentence Act, that is s.2AA.
45 Mr Morrissey also refers to your age and the routine that you had developed at that age to accommodate the change that occurs when one, as Sir Robert Menzies said, reaches the afternoon light of your life. At your age you have now encountered a radical change, the change being the shock of being a resident indeed in a unit of the Melbourne Remand Centre as distinct from your own unit in Mill Park.
46 Mr Morrissey, transcript 19 and 20 said this and I think rather than try and summarise it, I will read it, this is Mr Morrissey from line 27, at transcript 19 and then flows into transcript 20:
"My instructions are he's doing his best to cope. He makes no specific complaints. Obviously Corrections Victoria do their best and they've got to manage many prisoners including younger and much more rambunctious prisoners than Mr Raptis. He gets to share a cell with a younger man. He gets to be as anxious as any first time prisoner is and as anxious as a protection prisoner is, the age that he is. Your Honour can take into account that prison bears more heavily upon Chris Raptis than it does on others."
47 Those who are in protection are always doing it harder than those that aren’t, those are my words. I will continue with Mr Morrissey:
"Part of that Your Honour, part of that impact of prison on him comes from the fact that he has been useful in the past. He has been useful. The fact that his community is here and people are here to support him tells me something about him, that he's a valued person and that had mattered to him. Now in prison he is not in any way valued. He is a useless thing to be moved about, an inconvenience that also bears upon him because his sense of self-worth is entirely invested in that being a pleasant, loved person in his community, and that is very touching for him to have those people here in court."
48 As Mr Morrissey observed, you are now in prison. You now find yourself a protected prisoner. You are lacking in any self-worth. Your previously valued position within your family is lost to you. You are humiliated and embarrassed by your station in life as you now find it.
49 I am conscious of the sentencing statistics and snapshots that were referred to by Mr Morrissey in the case of FD v R [2011] VSCA 8, handed down 20 January this year. Mr Raptis, you are aware that a victim impact statement provided by your son Dimitri Raptis was read by Dimitri to this court, he read that on Friday 3 June 2011. This victim impact statement is now part of the transcript of this plea hearing. Dimitri was 11 when the offending commenced as I mentioned earlier. The breach of trust perpetrated by you upon your son has been profound. I quote but one sentence from Dimitri's statement, he said this:
"This period of sexual child abuse at the hands of my very own father has left me with a permanent sense of betrayal and of impending doom."
50 Dimitri further refers to his experiences, his periods of depression, anxiety and times where he has been suicidal despite the help of psychiatrists, psychologists, counsellors, along with anti-depressant medication.
"There are still times [he says] that I feel convinced I am totally worthless."
51 Mr Raptis, you shortly before these offences emerged through the complaint made to the police officer who is present suffered the sadness that we all have to face in life which no doubt was not easy for you in losing your beloved mother and father.
52 Would you stand up please.
53 It must be recognised that these alleged offences commenced when Dimitri Raptis was 11 years of age and continued over the period of approximately five years, that is from 1989 to 1994. I assure you that I have into account all that has been said on your behalf by Mr Morrissey, all that has been said by Mr Ball in his report, and all that was said on your behalf by the various referees that I have referred to. I again refer to Mr Ball's assessment that you are a low risk of re-offending. You have always been a hard worker and a hard working member of society. You did purport to look forward to enjoying your retirement years. Now, you find those anticipated days totally despoiled by your own activity.
54 On Count 1 being incest you will be convicted and sentenced to five years imprisonment. That sentence is to be served concurrently with Count 9.
55 On Count 2 convicted and sentenced to five years imprisonment. That sentence is to be served concurrently with Count 9.
56 Count 3 there being an acquittal.
57 Count 4 convicted and sentenced to five years imprisonment, that sentence to be served concurrently with the sentenced imposed on Count 9.
58 Count 5 to gross indecency, convicted and sentenced to 18 months imprisonment. Twelve months of that sentence to be served concurrently with Count 9.
59 Count 7 convicted sentenced to five years imprisonment, again an incest count, that sentence to be served concurrently with Count 9.
60 Count 8 again a count of incest, convicted and sentenced to five years imprisonment to be served concurrently with Count 9.
61 Count 9 convicted and sentenced to six years imprisonment.
62 Count 10 indecent act committed with a child under the age of 16, convicted and sentenced to three years imprisonment. Eighteen months of that sentence to be served concurrently with Count 9.
63 Count 11 incest, convicted and sentenced to five years imprisonment, that sentence to be served concurrently with Count 9.
64 So that there is no misunderstanding of the sentence I have imposed this day, pursuant to s.16, the total sentence imposed by me at this stage is eight years imprisonment.
65 I further order the prisoner serve a minimum term of six years imprisonment before being considered as eligible for parole.
66 Pursuant to s.18 of the Sentence Act, the prisoner is to be given credit for having served 69 days of imprisonment.
67 Pursuant to s.464ZF of the Crimes Act, the prisoner is to provide a forensic sample.
68 I have got to retract now, I have got to go back to Count 2 and make the formal statement. I am sorry I did not do it then.
69 Having been twice sentenced to a term of imprisonment for a sexual offence, the prisoner is to now be sentenced as a serious sexual offender. I hasten to add that the prosecution did not seek a disproportionate sentence and helped me in forgetting, of course, to announce that.
70 Pursuant to s.6F, having made that announcement I have to make this announcement, I find the best way of doing that is to read from s.6F:
"A court that sentences a serious offender for a relevant offence must at the time of doing so cause to be entered in the records of the court in respect of that offence the fact that the offender was sentenced for it as a serious offender."
71 That now is on the transcript and I believe that complies with s.6F.
72 Pursuant to s.464ZF of the Crimes Act the prisoner is to provide a forensic sample.
73 Last but not least, I hope I have got this right, I hope I have left nothing out, the legislation provides under the Sexual Offenders Registration Act that this man be registered as a sex offender and he is to report for life.
74 I now turn to the second presentment.
75 On Count 1 that is the cultivate, convicted and fined $200.
76 Count 2 convicted and fined $100.
77 On the summary offence, convicted and fined $100.
78 Pursuant to s.78(1) of the Confiscation Act, I order the forfeiture to the State of one bag containing 131.1 grams of Cannabis L (MHLMPBD 18 2009), that must be a police number, I have never seen it before, and direct that that product be placed in the custody of the Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings where it may be tested and/or analysed and then destroyed.
79 In relation to the fines, I order a stay of three months.
80 Any other order that I should have made please Ms Skinner?
81 MS SKINNER: No, Your Honour.
82 HIS HONOUR: You think I have got them all?
83 MS SKINNER: Yes.
84 HIS HONOUR: Are there any other matters that you wish to raise Ms Healey?
85 MS HEALEY: No that’s all, thank you Your Honour.
86 HIS HONOUR: Thank you, remove the prisoner.
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