Director of Public Prosecutions v Read
[2023] VCC 104
•7 February 2023
Mr F
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-00280
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JESSE READ |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 December 2022 & 1 February 2023 | |
DATE OF SENTENCE: | 7 February 2023 | |
CASE MAY BE CITED AS: | DPP v Read | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 104 | |
REASONS FOR SENTENCE
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Subject:Criminal law - sentence
Catchwords: Plea of guilty – sexual penetration of a child under 16 – rolled-up charge reflecting two distinct acts – rape – standard sentence offence – failure to answer bail – offer of accommodation to young, vulnerable victim who had run away from home – overpowering victim physically and placing her at risk of pregnancy – rape aggravated by vulnerability of victim and by ignoring efforts to resist – early childhood and formative years marked by significant disadvantage, including exposure to physical, sexual, and drug abuse, and instability whilst in care – lack of remorse – no priors - lost prospect of youth detention as a first-time offender – burden of imprisonment - prospects of rehabilitation difficult to assess beyond reasonable
Legislation Cited: Crimes Act 1958; Sentencing Act 1991
Cases Cited:R. v. Verdins (2007) 16 VR 269; Clarkson v. R. (2011) 32 VR 361; Bugmy v. The Queen (2013) 249 CLR 571; Brown v. The Queen [2019] VSCA 286
Sentence: Total effective sentence of five years and six months’ imprisonment with a non-parole period of three years, four months’ imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr F.S. Cameron | Office of Public Prosecutions Victoria |
| For the Accused | Mr R. Bhattacharya | Warren, Graham & Murphy Lawyers |
HER HONOUR:
1Jesse Read, on 8 July 2022 you pleaded guilty to one charge of sexual penetration of a child under 16 contrary to s49B(1) of the Crimes Act 1958 ('the Act') the maximum penalty for which is 15 years’ imprisonment and one charge of rape contrary to s38(1) of the Act, the maximum penalty for which is 25 years' imprisonment. Your plea proceeded before me on 5 December 2022 and 1 February 2023.
2You have also pleaded guilty to a related summary offence, being a failure to appear at the La Trobe Valley Magistrates’ Court on 21 December 2021 contrary to s30(1) of the Bail Act 1977, the maximum penalty for which is two years' imprisonment.
3The victim of your offending was Jessika Parkinson[1], who was 14 years old at the time of the offending on 19 December 2019. Child Protection Services were involved in her life at that time due to concerns about the level of parental support she was receiving. When these reasons are published, the complainant's name will be anonymised to prevent her being identified.
[1]A pseudonym
4You were born in December 2000 and were 19 years old at that time of this offending. You have no prior criminal history.
Circumstances of offending
5The circumstances of your offending are set out in the Summary of Prosecution Opening for Plea dated 4 August 2022, which is the agreed basis upon which you are to be sentenced.
6On 15 December 2019, the victim had an argument with her mother and ran away from home. You were at the Traralgon Centre Plaza with a friend when you saw the victim near a bus stop. You noticed she appeared upset and asked if she was alright. She told you that she had run away from home.
7You withdrew money from the ATM and bought some lunch. The three of you then walked to the tennis court and netball area. You asked the victim how old she was, and she replied, 'Why does it matter?' She then told you that she turned 15 'on Christmas.' You told her you were 16 years old, even though you were 19.
8The victim told you she needed to go to the DHHS office in Morwell because she did not want to return home and needed emergency accommodation. You said you would go with her. When you arrived at the office, the victim decided she did not feel comfortable asking for accommodation and told you she would probably stay with friends. You then offered for her to stay at your house and she agreed. Together you caught the bus to a house in Traralgon where you then lived with a male named Frank Hayes, who was aged 61.
9At the house, you and the victim kissed for the first time. Over the next two to three days, you spent time socialising together and slept head-to-toe in your bed. You would kiss and hug from time to time.
10On 19 December 2019, you and the victim stayed at your house all day, watching movies together.
11In the evening, you were socialising with friends and Frank Hayes. The victim went into your bedroom to have a nap on your bed. At some point, you entered the bedroom and woke the victim. You started touching her, before moving on top of her and kissing her on the neck. You also touched her breasts under her clothing before inserting your finger inside her vagina. This conduct forms part of Charge 1 – sexual penetration of a child under 16.
12The victim initially allowed this to occur with her consent. You removed her clothing, and the victim asked you to use a condom which she placed on your penis. You then inserted your penis into her vagina. This conduct is the second act of penetration that forms part of Charge 1 – sexual penetration of a child under 16.
13The sexual intercourse lasted for approximately five to 10 minutes. At this time, the victim looked up and noticed the used condom on the bed. She turned to you, saying, 'What the fuck?' and asked why you took the condom off. You told her you removed the condom because, 'it was full.' The victim refused to continue having sex with you, saying 'no' and 'get the fuck off me.' She pushed you off and hit you in the face.
14The victim put her pants on and attempted to leave the bedroom. In response, you grabbed her and pushed her back onto the bed. You kissed the victim on her breasts and held her down with one hand, while you put your other hand down her pants. The victim tried to resist you but due to your size, she was unable to push you away. Despite her resisting, you removed the victim's pants and inserted your penis into her vagina. You did not wear a condom. This conduct is the subject of Charge 2 – rape. The victim lay there for a short period, before kicking and pushing you off her. She was sore and noticed bleeding from her vagina.
15The victim grabbed her clothing from the floor and ran out of the room naked. Frank Hayes was in the lounge room watching television and saw the victim. He recalls she looked angry. The victim yelled at Mr Hayes to. 'keep him away from me.' The victim dressed herself and stormed out of the house.
16Mr Hayes confronted you in the bedroom, holding a wooden bat. He told you to get out and hit the bedroom door causing damage to it. The victim heard the yelling, bangs and crashes coming from within the house. You then collected your belongings and left the house.
17The victim travelled to Melbourne with a friend and was then homeless for a period.
18In late December 2019, the victim rang her mother who asked her what she was doing with a 19-year-old. The victim told her mother that she thought you were 17 years old. She told her mother that you had raped her, saying words to the effect that, 'I told him to stop, and he didn't and I think I might be pregnant.' The victim's mother rang DHHS to report the matter. The victim also disclosed the incident to a child protection worker who notified police.
19On 16 January 2020, the victim made her recorded statement to police.
20After this, the police were unable to locate you until 4 September 2021 when you were arrested and interviewed. You told police that you met the victim at Traralgon Plaza when she asked you to buy her cigarettes. During your interview you either denied or downplayed the circumstances of your offending, telling police you told the victim that you were 19 and that she said she was the same age. You told the police she stayed at your house for about three days, and that you had consensual sex on the second and third days. You said you wore a condom on those occasions.
21You also told the police that the last time you had sexual intercourse, the victim walked into the lounge room in her lingerie and refused to return to the bedroom. You told police that you tried to hang yourself that evening. You said you then calmed down and that the two of you kissed and had consensual intercourse. You said you did not wear a condom because you asked if she would like to have a child with you, and she agreed but then, 'all of a sudden, boom.'
22You told police that you then fell asleep and that when you woke, you found a letter from the victim saying she was leaving for Melbourne with your friends, and that you could 'go F’ yourself.' You said you burnt that letter.
23You denied that the victim asked you to wear a condom and denied raping the victim. You also denied telling her that you were 16 years old and that she told you she had turned 15.
24Following your arrest and after failing to appear in court on 21 December 2021, you were remanded in adult custody on 31 December 2021. You have remained in custody ever since.
Procedural history
25There was considerable delay between the complainant speaking to police in January 2020 and your arrest on 4 September 2021. During this period, you were also homeless and the police had difficulty locating you. It is accepted by the prosecution that this delay is not attributable to any fault on your part.
26A committal hearing was conducted on 25 November and 21 December 2021. Further pre-trial hearings were conducted on 10 and 27 May 2022 following your committal. The matter resolved to a plea on 5 July 2022 prior to the special hearing scheduled for 7 July 2022. An earlier plea date scheduled in August 2022 could not proceed as additional time was required to obtain psychiatric material on your behalf.
Offence gravity and victim impact
27I turn now to make some comments about the nature and gravity of your offending.
28The most serious offence to which you have pleaded guilty is the offence of rape, as is reflected in the maximum penalty of 25 years' imprisonment. In this case, the offending is aggravated by the fact the victim was only 14 years old, and that you were aware she was underage, having told you she turned 15 'on Christmas.' Her vulnerability was significant. You were aware she had run away from home and had nowhere to live. She had accepted your offer of accommodation.
29Moreover, the circumstances of the rape include the use of a level of force on your part, with you pushing the victim back onto the bed as she tried to leave your bedroom and holding her down with your hand. In this position, the victim was physically unable to resist you before she ultimately pushed and kicked you off her.
30The victim had made it explicitly clear that she was not agreeing to sex without a condom. She had sworn at you and hit you in the face when she became aware a condom was no longer being used. Despite this, you proceeded to sexually penetrate her vagina, without a condom. The fact your conduct placed the young victim at risk of pregnancy is a significant aggravating feature of this crime.
31Beyond the use of force and the violence inherent in the act of rape, I accept you were not overtly violent or threatening towards the victim. Rather you overpowered the victim physically, ignoring her attempts to resist you, for your own sexual gratification. This was serious offending.
32Turning to the charge of sexual penetration of a child under 16 years, the gravity of this offence is marked by the young age of the victim and her vulnerability. Moreover, the fact this is a rolled-up charge reflecting two distinct acts of sexual penetration: one digital and one penile. I recognise however, that the two acts of penetration occur in the course of a single incident.
33Beyond this, there are no other aggravating features associated with this charge. There was no force, violence or threats of violence involved in these acts of sexual penetration. You were 19 years old, and the age disparity between you and the victim, whilst significant for a 14-year-old, is not as great as may be seen in other cases. You had however, misled the victim as to your exact age.
34The fact this charge involved consensual sex is irrelevant to my assessment of the gravity of your offending. As the Court of Appeal explained in Clarkson:[2]
'…the presence of consent does not of itself make the offence of sexual penetration of a child under 16 (or of committing an indecent act in the presence of a child under 16) any the less serious. Of itself, the child’s 'consent' is irrelevant to the criminality of the conduct. The presumption of harm is unaffected by consent. It follows that neither the gravity of the offence nor the culpability of the offender is altered in any way by the victim’s consent alone.'[3]
[2]Clarkson v R (2011) 32 VR 361 (‘Clarkson’)
[3] Clarkson, ibid at [36].
35The criminal law prohibits sexual offending, and specifically sexual offending against children, with the objective of upholding the fundamental right of every person to make decisions about their own sexual behaviour and to choose not to engage in sexual activity. The prohibition on sexual offending against children is based on an acceptance of the harm inherent in such offending. This much is borne out by the victim impact statement of Jessika Parkinson, which was sworn on 29 November 2022.
36In her statement, the victim says your offending had a significant impact on her mental health and disrupted many facets of her life. She ceased attending school after two weeks into Year 9. She says she was hospitalised for treatment after suicide attempts, and has been treated for various mental health conditions, including a post-traumatic stress disorder. She says she continued to abscond from home and consequently, has lived in various residential care placements over the past few years. She stopped visiting her family as she wanted to avoid returning to Traralgon, where the offending occurred.
37I have taken the profound impact your offending had on the victim into account as one of the factors relevant to my sentence.
38You bear significant moral responsibility for your offending conduct, however this is also informed by your own personal background and mental health, to which I now turn.
Personal circumstances
39Much of your personal background was gleaned from the child protection files obtained by your counsel after the plea was adjourned for these to be obtained.[4]
[4]These were documented in the further submissions of counsel dated 31 January 2023
40It is clear from this material that your early childhood and formative years were marked by significant disadvantage, exposure to physical and sexual abuse and drug abuse.
41You were born in Gippsland in December 2000. You have an older sister and three younger brothers. You also have half-siblings and stepsiblings.
42Your parents separated when you were aged three. From the age of six, you were being sexually abused by an older cousin for six months, and witnessed your sister being abused. You were removed from the care of your father at the age of nine, having been subject to physical violence at his hand, and having witnessed violence directed at your stepmother. You were also exposed to your father's significant issues with drug abuse. You are now completely estranged from your father.
43Following the involvement of Child Protection Services, you were placed in care from the age of nine. You are reported to have exhibited sexualised behaviours from a young age and were referred for counselling. During your years in care, you experienced extreme instability with a total of 18 different placements, most of which were various foster care placements. You report being subject to sexual abuse during periods in care.
44From 2016, you were placed in residential care until you turned 18, at which time all support from Child Protection ceased, although you did receive some assistance from Quantum Support Services until you turned 21 in 2021.
45Although you have spent limited time living with your mother, you have a good relationship with her and speak regularly on the phone. Your mother also has mental health problems.
46You attended Warragul North Primary School until the age of nine. Thereafter, you attended multiple primary and secondary schools as you moved into different placements. You ceased all schooling during Year 10, due to relentless bullying from other students due to your appearance. Since then, you have had different casual jobs, including landscape gardening, bricklaying, factory work and grounds maintenance.
47You began abusing drugs and alcohol from a young age. In 2019 you spent several months in a youth residential rehabilitation centre in an attempt to deal with addiction issues. Since leaving residential care, you have struggled to find secure and safe housing. You were living in a tent at the time of your arrest in November 2021.
48You have had one significant relationship that lasted 18 months, with the mother of your one-year-old daughter, who was born in April 2020. That relationship ended in late 2021, and you have not seen your daughter or her mother since.
49You were assessed by psychiatrist, Dr Leon Turnbull for the purposes of the plea on 3 November 2022. In his psychiatric report dated 13 November 2022, Dr Turnbull outlines your personal history and details your past engagement with mental health services. He reports that your past drug problems, as ascertained from the records of LaTrobe Regional Hospital, have been quite significant from time to time. He details accounts of you hearing voices in the past, but ultimately concludes these auditory hallucinations do not signify a diagnosed psychotic illness, but rather, are 'part and parcel of a disturbed and unfavourable upbringing that [has] damaged his personality.' In reaching his conclusion regarding your mental health state, Dr Turnbull states:
'One of the diagnoses offered by at least one psychiatrist is of a complex post-traumatic stress disorder, and I think that is an appropriately non-specific description to describe a man who has had unpleasant experiences in his past, and those experiences have led to some disturbances in his emotions and moods and perceptions of himself and the world.'
50You maintained your innocence in respect of this offending in your discussions with Dr Turnbull. You told him, 'it never happened', and stated that you had entered your plea for 'pragmatic reasons.' Dr Turnbull says he could find no connection between 'any psychiatric disturbance' and the offending and explains that he was unable to analyse this issue any further given you continue to deny the offending.
51I note that, through your counsel, you confirmed your guilty plea to the offences with which you are charged, notwithstanding your comments to Dr Turnbull.
Submissions in mitigation of sentence
52On your behalf, Mr Bhattacharya provided detailed written submissions which he expanded upon at your plea hearing. These submissions highlighted a number of significant mitigating factors on your behalf. In the main, the prosecution accept that a range of mitigating factors operate in moderation of your sentence.
53First, and foremost you pleaded guilty to the offences prior to the special hearing. Whilst this was not a plea entered at the earliest opportunity, there is utility in your plea. This is particularly so in a case such as this, as your plea saved the victim from the distress often associated with giving evidence and reliving the events giving rise to the charges. It also saves the community the time and expense associated with a jury trial. Further, at a time when there is a backlog of trials in the wake of the COVID-19 pandemic, your plea has heightened utility. You are entitled to, and will receive, a significant sentencing discount for your plea.
54However, beyond your plea there is no indication of remorse for your conduct. The absence of genuine remorse impacts on my assessment of your prospects of rehabilitation and the need for the sentence to deter you from future offending. I will return to these matters later in my reasons.
55Secondly, there was significant delay associated with your case, particularly the period of approximately 20 months before you were arrested on these charges. The most significant consequence of this delay is that, although you were 19 at the time of the offences, you are being sentenced as a 22 year-old. You are no longer a young offender for the purposes of sentencing[5] and have missed any opportunity to be sentenced to detention in a youth justice centre. Indeed, you have been remanded in adult custody since December 2021. I have taken the impact of delay, particularly the lost prospect of a sentence of youth detention as a first-time young offender, into account in sentencing you.
[5]A ‘young offender’ is defined by s 3 of the Sentencing Act 1991 as an offender who, at the time of being sentenced, is under the age of 21 years.
56Thirdly, it is of significance that you have no prior criminal history. At 22 years of age, you are still a young man, and it is necessary for the sentence I impose to promote your rehabilitation and re-integration into the community.
57The fourth matter relevant in mitigation relates to the profound trauma, disadvantage and dislocation you experienced in your early years. Your formative years were not only marked by violence and sexual abuse, but after being placed in the care of the State, your experience of abuse continued, and your educational and emotional wellbeing was undermined by instability in your multiple placements.
58As the High Court recognised in the case of Bugmy v. The Queen,[6] a background of such significant disadvantage is relevant in mitigation and, to an extent, reduces your moral culpability for your offending. Your culpability cannot be equated to that of a person whose formative years did not have these disadvantages.
[6](2013) 249 CLR 571 at [44]
59Dr Turnbull, in his assessment, draws a connection between your disadvantaged background and your mental health issues. In his report, Dr Turnbull concludes that your difficult upbringing is the main cause of your 'personality' problems, rather than a psychotic illness, such as schizophrenia. He expresses the opinion that a diagnosis of complex post-traumatic stress disorder best characterises the impact of these traumatic childhood experiences which have ‘…led to some disturbances in his emotions and moods and perceptions…'[7]
[7]Exhibit 1 – psychiatric report of Dr Leon Turnbull dated 13 November 2022, at page 5
60Dr Turnbull does not however, draw any connection between your complex post-traumatic stress disorder or your disadvantaged childhood and your offending. As Dr Turnbull explained in his report, he was unable to find any connection between 'any psychiatric disturbance' and your offending, noting that the fact you maintained your innocence meant that he was unable to explore this issue further.
61There is therefore no evidence upon which I can conclude that your mental health issues, including your complex post-traumatic stress disorder, were causally related to your sexual offending. There is no basis for me to find that your impaired mental condition moderates your moral culpability for this offending in line with Verdins principles.[8] However, this finding does not diminish the mitigating effect of your background of profound disadvantage to which I have had regard.
[8]R v Verdins (2007) 16 VR 269
62The role played by your mental health in your offending is also complicated by your significant drug abuse at the time. On 29 October 2019, in the lead up to the offending, you presented at the Inner West Area Mental Health Service reporting 'psychotic symptoms' including auditory hallucinations and significant drug abuse, including reports of consuming 2.5 grams of the drug 'ice' and 28 grams of cannabis per week. Your future rehabilitation will depend on addressing these drug abuse issues on a long-term basis.
63Finally, on your behalf it was submitted that your experience of custody, as a first-time offender, has been difficult for various reasons. Much of your time on remand has run in parallel with the restrictions imposed in custodial settings to respond to the COVID-19 pandemic, including lockdowns, limited programs and an absence of face-to-face visits, until more recently. To date, you have only had telephone contact with your mother whilst in custody.
64Moreover, Dr Turnbull describes you as a vulnerable person given to 'intense and dramatic mood and emotional states' and says your experience in custody has been quite difficult necessitating frequent reviews by mental health clinicians.[9] This assessment enlivens limb 5 of Verdins. I have taken the additional burden of your time in adult custody into account in moderating your sentence.
[9]Exhibit 1 – ibid, at page 6
65It is difficult to assess your prospects of rehabilitation. You have pleaded guilty to the offences, but in your discussions with Dr Turnbull you maintain your innocence. You have not demonstrated any insight into your offending behaviour, or the significant impact it had on the victim. You have subsequently been sentenced for other offending, including charges of theft, possess cannabis and amphetamine and for being drunk in a public place. These matters have little bearing on the sentence I impose other than to highlight a concern regarding your use and possession of illicit drugs around this time.
66However, it is notable that notwithstanding the many challenges of your early childhood and teenage years, at the time of this offending you had navigated your life without any offending. Whilst in custody, you are undertaking upholstery work through the week and are seeking to improve your literacy and numeracy through courses. In my view your future rehabilitation will depend upon your engagement in mental health counselling to address the traumas of your past and ongoing drug treatment. You would also benefit from a specialist sex offender treatment program to develop insight into the gravity and impact of your offending.
67You are now 22 years old. Whilst your relative youth means that supporting your effective rehabilitation is important to the sentence I impose, at present I cannot assess your prospects any higher than reasonably good, notwithstanding the absence of any prior criminal history at the time of your offending. There remains a need for the sentence to specifically deter you from future offending.
Other sentencing considerations
68I now turn to discuss other relevant sentencing considerations.
69I have had regard to the purposes of imposing sentence as set out in s5 of the Sentencing Act 1991. In a case such as this, the most significant sentencing considerations are those of general deterrence, just punishment and denunciation. In sentencing you, I must deter others from engaging in sexual offending against children given the harm implicit in such conduct.
70The offence of rape is a 'standard sentence offence'. As the offence was committed after 1 February 2018, the standard sentence scheme applies to the sentence I am to impose on the charge of rape. The applicable standard sentence is 10 years' imprisonment.
71The scheme is set out in s5A and s5B of the Sentencing Act 1991. The scheme requires me to take the standard sentence into account as one of the factors relevant to sentencing. However, as stated by the Court of Appeal in Brown v The Queen,[10] the standard sentence is a legislative guidepost only, and does not affect the established 'instinctive synthesis' approach to sentencing.
[10][2019] VSCA 286 at [4].
72The only previous sentences to which I may have regard when considering current sentencing practices are those that have been imposed under the standard sentence scheme for the offence of rape.[11] Neither counsel was able to refer me to any comparable cases; however, the prosecution did refer me to the case of DPP v Eric Frank (a pseudonym)[12], being a total effective sentence of six years, six months' imprisonment imposed on two charges of rape. The prosecution accepts that the offending in that case was objectively more serious than here.
[11]Section 5B(2)(b) of the Sentencing Act 1991.
[12][2021] VSCA 163 (“Frank”)
73In Frank, the offender was sentenced for two acts of rape after he and others found the victim, who was substantially impaired by drugs, alone in an alleyway and raped her in the presence of others in a vehicle having driven to a remote street to carry out the rapes. The victim was unknown to the offender. No condom was used. The victim, a young adult, was unable to consent due to her level of intoxication. The offender was 23 years old at the time of the offending and had no criminal history.
74I have considered the sentence imposed in this case but ultimately given it little weight due the distinct factual circumstances that arose in that case.
75The sentence I have imposed on the charge of rape falls below the standard sentence. In imposing this sentence, I have taken into account each of the matters relied upon in mitigation of your sentence, most particularly your guilty plea, the absence of any prior criminal history, delay and the lost opportunity to be sentenced to youth detention, your childhood marked by disadvantage and resulting mental health issues, and the burden of your imprisonment, particularly for a first-time offender.
76In sentencing you for Charge 1 – sexual penetration of a child under 16, it is relevant that whilst the one maximum penalty applies, you are to be sentenced for the two incidents of sexual penetration that comprise that offence.
77In considering the amount of cumulation to be ordered between the two charges, I have assessed the extent to which the charges are distinct and added to the total criminality of your offending conduct. Given that the offending arises out of the one incident, the most serious of which is the rape charge, the sentencing principle of totality means that a significant degree of concurrency is appropriate.
78Finally, I have had regard to your youth, lack of any prior criminal history, the impact of delay and s11A of the Sentencing Act 1991 in fixing a non-parole period.
Sentence
79Balancing the matters to which I have referred, whilst having regard to maximum penalty for each offence and guided by the standard sentence for the offence of rape, I sentence you as follows:
80On Charge 1 – being a rolled-up charge of sexual penetration of a child under 16, you are convicted and sentenced to two years, six months' imprisonment.
81On Charge 2 – rape, you are convicted and sentenced to five years' imprisonment. This is the base sentence.
82On summary offence Charge 6 – failure to appear in breach of bail – without conviction you are fined $300.00.
83I order that six months of the sentence imposed on Charge 1 be served cumulatively upon the sentence imposed on Charge 2, giving a total effective sentence of five years, six months' imprisonment. Pursuant to s11A of the Sentencing Act 1991, I fix a non-parole period of three years, four months' imprisonment.
84Pursuant to s18 of the Sentencing Act 1991, I declare 408 days of pre-sentence detention to be reckoned as already served under this sentence.
85Pursuant to s6AAA of the Sentencing Act 1991, I declare had you not pleaded guilty, the sentence I would otherwise have imposed would have been a sentence of seven years imprisonment with a non-parole period of five years.
86Mr Read, your offending attracts the mandatory registration provisions of the Sex Offenders Registration Act 2004. Given these charges arise from a single course of conduct, the registration period is 15 years. Within seven days of your release from custody, you will be required to report your personal details and to comply with the requirements of that Act for a period of 15 years.
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