Director of Public Prosecutions v Reeves (a pseudonym)
[2022] VCC 659
•13 May 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SEAN REEVES (A PSEUDONYM) |
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JUDGE: | Her Honour Judge Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 April 2022 | |
DATE OF SENTENCE: | 13 May 2022 | |
CASE MAY BE CITED AS: | DPP v Reeves (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 659 | |
REASONS FOR SENTENCE
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Subject:Criminal Law - Sentencing
Catchwords: Indecent act with or in the presence of a child under 16 – production of child pornography – sexual penetration of a child under 16 – possession of child abuse material – aggravating circumstances - COVID-19 pandemic – early plea of guilty – youth – serious sex offender – prior good character
Legislation Cited: ss 5, 6E, 18, Sentencing Act 1991 (Vic), Sex Offenders Registration Act 2004 (Vic)
Cases Cited:R v De Leeuw [2015] NSWCAA 183, RH McL v R [2000] 203 CLR 453, Worboyes v R [2021] VSCA 169, R v Mills [1998] 4 VR 235, Azzopardi v R [2011] 35 VR 43, Brown (aka Davis) v The Queen [2020] VSCA 60,
Sentence: Four year and seven months imprisonment with a non-parole period of two years and nine months imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | D. Caruso | Office of Public Prosecutions |
| For the Accused | B. Franjic | Dribbin & Brown Criminal Lawyers |
HER HONOUR:
1Sean Reeves[1], you have pleaded guilty to four charges of indecent act with or in the presence of a child under 16, three charges of production of child pornography, one charge of sexual penetration of a child under 16, and one charge of possession of child abuse material.
[1] A pseudonym.
2The maximum penalties for these charges are set out below:
(a) Indecent act with or in the presence of a child under 16 – 10 years’ imprisonment;
(b) Production of child pornography – 10 years’ imprisonment;
(c) Sexual penetration of a child under 16 – 25 years’ imprisonment; and
(d) Possession of child abuse material – 10 years’ imprisonment.
Circumstances of the offending
3The victim in this matter, in respect to Charges 1-8 is your cousin, Megan Reeves[2], born in May 2009. I note here in accordance with protocol and for the benefit also of Megan’s mother that Megan’s name will be anonymised to protect her privacy and her mother's privacy.
[2] A pseudonym.
4In April 2021, police attached to the Joint Anti Child Exploitation Team commenced an investigation after receiving information that you had potentially uploaded child exploitation material to the internet.
5On 30 April 2021, police attended your address and executed a search warrant. Police seized 12 electronic devices and from this discovered a large quantity of child abuse material (CAM).
6Amongst the material found by police, there were eight videos that appeared to be home made, in which the offending male had a visible mole on his penis and a scar on his left index finger. Police asked you if you would consent to be forensically examined, and you eventually consented. You were examined by Dr Gaya who was unable to confirm or exclude you as the offending male.
7In one of the videos, police were able to isolate the hand of a male who was using a child’s hand to masturbate his penis. Subsequently, a fingerprint expert identified you as the offender, and the victim as the child holding your penis in the video.
8The victim’s mother, Gabriella Reeves[3], stated that she would take her daughter to visit your parents during 2016, and also identified her daughter in a photograph that was found on one of your devices by police.
[3] A pseudonym.
9Charges 1-8 relate to videos that were found on your devices. The discrete offences of indecent acts and sexual penetration arise from what is depicted in the videos. Charge 9 relates to the CAM found on your devices other than those that relate to Charges 1-8.
10Charge 1, indecent act with or in the presence of a child under 16 and Charge 2, production of child pornography, are both rolled up charges that occurred on 2 March 2016 when Megan was visiting your home. In a video discovered by police, you are depicted rubbing your naked penis against the buttock/genital area of Megan over her clothing. A separate video also shows you rubbing your penis against her buttock/general area. A third video was also found showing the same. The three videos are time marked 6.24 pm and 6.44 pm (x2) and run for 23 seconds, 45 seconds and 25 seconds.
11Charges 3 to 6 take place on 2 April 2016 when Megan again was visiting your home. Four videos were found by police on your devices from this date which show the following:
(a) At 12.42 pm a one minute and nine second video of you rubbing your naked penis over and between the victim’s naked buttocks and a 56 second video of you rubbing your naked penis over and between the victim’s naked buttocks, and also of your rubbing your finger between the victim’s buttocks (Charge 3 – indecent act with or in the presence of a child under 16 as a rolled up charge);
(b) At 1.31 pm a one minute and 13 second video of you raising the victim over your penis and attempting to push your penis between the victim’s buttock/genital area. You then rest her buttocks on your penis. You take her hand and place it around the top of your penis. Her hand appears unresponsive, and it is believed she may have been asleep (Charge 4 – indecent act with or in the presence of a child under 16); and
(c) At 2.03 pm a 56 second video where you are depicted pulling down the victim’s pants and exposing her vagina. You are shown rubbing your fingers around the victim’s vagina and digitally penetrating her vagina with your finger. The victim was aged six at the time of the offending (Charge 5 – sexual penetration of a child under 16 in aggravating circumstances as the child is under the age of 12).
12Charge 6, production of child pornography (rolled up count), encompasses the videoing of the acts the subject of Charges 3, 4 and 5.
13Charges 7 and 8 relate to offending on 9 April 2016 when Megan was again visiting your home. A device located by police contains a three minute and 11 second video at 2.30 pm which shows you using your left hand to place her hand over your penis. You then rub the victim’s hand up and down the shaft of your penis. You are also depicted rubbing her hand in pre-seminal fluid before rubbing the victim’s hand up and down your penis again (Charge 7 - indecent act with or in the presence of a child under 16). The videoing of this incident is encompassed by Charge 8, being production of child pornography.
14Police conducted an analysis of your devices that were seized, and they located images and videos (1,116,612) as outlined in the prosecution opening. Category 1 and 2 images and videos were located on your devices. I note here the definitions of Category 1 and 2 images using the INTERPOL Baseline Categorisation System:
(a) Category 1 – Interpol Baseline are images depicting a real prepubescent child (under the age of 13 approximately) and the child is involved in a sex act, witnessing a sex act. Or the material is focused/concentrated on the anal or genital region of the child.
(b) Category 2 – Other Child abuse material – is other child abuse material that is illegal within Victoria but does not fit within the Interpose Baseline category. This material includes a person who depicts or describes a person who is, or appears, or is implied to be a child as a victim of torture, cruelty or physical abuse or sexual abuse.
15You were found to be in possession of 1285 files containing CAM, of which, 1022 were images, and 263 were videos. Of this material, 930 of the files were categorised as Category 1 files, and 355 were categorised as Category 2 files. 1,004 of the images were unique in that they were not duplicated files, and 214 of the videos were unique. Again, this is a summary, there is further detail in the opening and the table in Appendix 1.
16You were interviewed by police on 30 April 2021 and when asked about the self-made CAM you stated you did not recognise the male in the photos. When told by police that a number of videos were located on USBs, you stated, ‘just the thought – nuh, I can’t – that thought just makes me sick. I can’t, I wouldn’t do that. Never in my life, nuh, no, I wouldn’t do that, it’s not the person I am’. You denied knowledge of the videos, and you were subsequently bailed.
17The above is only an outline of the summary which was exhibited in this matter and agreed upon. It is on the basis of the prosecution summary that I sentence you.
18You were remanded in custody and then released the next day and therefore have two days of pre-sentence detention available.
Gravity of the offending
19Mr Reeves, your offending is very serious. Sexual crimes against children are abhorrent. When you offended against your cousin in 2016 – the subject of Charges 1, 3, 4, 5 and 7 – she was 6 years old, and you were 20. She was a very young, vulnerable child whom you exploited, and took advantage of, for your own sexual gratification. At the time, she was likely to have been asleep and helpless. I do not accept any suggestion, not that it was proffered by your Counsel, that your offending was opportunistic. In the circumstances, your offending against your very young cousin was brazen and predatory. Your offending occurred on 3 separate days, between 2 March 2016 and 9 April 2016 and involved multiple sexual acts against her, which you filmed. Your offending on 2 April 2016 was relatively protracted over the day. The most serious charge amongst these is Charge 5 where you digitally penetrated Megan.
20I accept that you were young yourself at the time, the offending was not attended by coercion, violence, force or grooming – as this Court unfortunately sees often. Also, it did not involve gratuitous degradation of the victim and I accept that there are more serious examples of such offending. However, clearly your offending is objectively very serious and there is a presumption of harm in such cases. As I have already stated, Mr Reeves, your victim was very young, there was a breach of trust involved here, and she was particularly vulnerable.
21The videos or child pornography the subject of Charges 2, 6 and 8 depict the charged behaviour the subject of Charges 1, 3, 4, 5 and 7. While I accept that storing and keeping the videos for a significant period do aggravate the production counts and that they are discrete charges, I also recognise the significant overlap between the charges, and this will be reflected in orders of substantial concurrency.
22I also have before me a number of “rolled-up” charges, as already noted, which allows multiple instances of similar offending to be dealt with in a single charge and simplifies my task in formulating an appropriate sentence.
23The CAM found on your devices was found to be of an extremely grave type and includes extreme high-level child abuse and torture on very young children. Taking into account the factors referred to in the case of R v De Leeuw[4], and as outlined by the prosecutor, Ms Caruso, I accept that this offending is objectively grave, given in particular the volume of the material and its depravity.
[4] [2015] VSWCAA 183.
24In your interview, Mr Reeves, you admit to downloading the material sometime in 2015. You kept them on your computer until you were arrested in 2021. The prosecution does not accept that you did not access the material after 2016, as was argued on your behalf. Your Counsel submitted that you had uploaded this material on Google Drive, along with a lot of other non-illegal items. On the evidence I am unable to determine when you last accessed the material. To the extent that I am asked to infer that you have recently accessed the material, I am unable to make such a finding. I will sentence you on the basis of the charge that you are indicted on, and that is Charge 9 (on 30 April 2021 knowingly possessed child abuse material).
25There was also a dispute between the parties as to whether you had been forthright with your treatment providers as to how you accessed or sourced the CAM. The prosecution submit that you gave an account to your treating psychologists, which should be rejected, that you had obtained the videos and images only from Twitter. In turn, it was argued, this reflects poorly on your insight and rehabilitation. Your Counsel, Ms Franjic, submits that no such explanation was proffered by you and it’s an unfair reading of the psychological report and the treating report. Your interest was piqued by what you first came across on Twitter, but it is not suggested that this is where you sourced all your material. On the material and on a fair reading of the reports, I am not prepared to make an adverse finding that you represented that all the CAM was sourced through Twitter.
26By your possession of CAM, you supported the making and proliferation of child pornography material that involves exploitation of young, vulnerable children. It is recognised that such exploitation has the real potential for harm to those victims. Your actions also support a market for such a corrupting industry. It is not a victimless crime, and such harm continues on as the images are swapped, traded and accessed by others engaged in the child pornography trade. The community expects courts to impose significant punishment on individuals involved in the exploitation of children.
27I have also had regard to the maximum penalties which apply in your case, and which also reflect on the seriousness of the charges that I am dealing with.
28In your case, a serious sexual offender regime applies in relation to Charges 3 onwards. While s 6E of the Sentencing Act must be regarded as moderating and limiting totality, the principle remains relevant, as does proportionality.[5] I will ensure that the relevant principles are reflected in appropriate orders for cumulation and concurrency. Further, I note that Counsel for the prosecution does not seek a disproportionate sentence and I do not propose to impose sentences which are disproportionate to the gravity of each offence considered in light of the objective circumstances. The protection of the community must be regarded as the principal purpose for which the sentence is to be imposed on these charges.
[5] RH McL v R [2000] 203 CLR 453, [76].
Victim Impact
29Mr Reeves, I received a victim impact statement from Megan’s mother, Ms Gabriella Reeves dated 19 November 2021 which speaks of the profound harm your offending has caused. She states, 'I am very sad and cry a lot. Sometimes at night I wake up crying. I have nobody to confide in to. I only confide in my younger sister in Vietnam. I talk to her almost every night about the incident’. Further she states, ‘I am frustrated and irritated. I notice I am behaving very differently around males. I have lost trust in men. I don't know what is wrong with me. When I learnt of the incident, I couldn't face anyone’. She states further, ‘my children have noticed a change and worry that I am sick. I don't want the children to be upset and worry and I just say that I am tired’. And also, ‘I have been advised I should tell my daughter about the incident, but I don't feel prepared to and I am also afraid of the consequences for her, that it will affect her education and relationships with people.'
30Ms Reeves carries an enormous burden that no parent should have to carry. She does not feel safe anymore and gets scared very easily for her and her children. I take the impact of your offending on her into account when sentencing you.
Plea of guilty and remorse
31Mr Reeves, you entered a plea of guilty at the earliest opportunity and it is accepted by the prosecution that your plea is an early one. By your plea, victims and witnesses have been spared the further delay and distress involved in a trial and in giving evidence. You are entitled to a substantial discount for your plea.
32In all the circumstances, I recognise the utilitarian benefit of your plea and accept that you are entitled to a substantial discount, particularly as it was entered during the currency of the pandemic.[6]
[6] Worboyes v R [2021] VSCA 169.
33I also take into account that you are accepting responsibility for your offending and that you have expressed remorse. You told Ms Mathews you now understood your behaviour could, ‘damage future relationships, damage her parents trust in people.' You stated further, 'I'm sorry the police had to go through this case. I wish I hadn’t done it in the first place. I'm sorry the police had to see the images and videos.’ Crying, you then said, ‘I want to apologise to her', being Megan. You acknowledged to Ms Sizenko that your actions would cause significant damage to Megan currently and in the future and also acknowledged the rift caused in the family by reason of your offending.
Personal circumstances
34In terms of your personal circumstances, you grew up in the Deer Park – Footscray area. Your parents were factory workers, and you have a younger brother. You have a very close relationship with your mother. You describe your family as a close and loving one and you live with them. I note your parents are again in Court with you today.
35Your personal history was detailed by Ms Franjic during the plea hearing and was also canvassed in the reports I have received.
36You initially attended St Albans North Primary School, but your mother moved you from there because you were being bullied because of your speech impediment. You struggled for a period when your parents were fighting and your cousin died from a heroin overdose, but you managed to complete VCE. You were never really in trouble at school.
37On leaving school, you studied certificates in electrical technology at TAFE and began an electrician apprenticeship at 19 years of age. You have undertaken also a number of post-VCE certificates. You completed your apprenticeship in four years, and you were licenced in 2019. You worked for an employer for six months and then you managed to establish your own business. The onset of COVID-19 impacted your business severely, but you continued working until your arrest in 2021. You sold your van to pay legal fees but have kept your tools. Most recently you have had some work on a part time basis on a farm.
38You began looking at online pornography at around the age of 14 and began to view adult pornography. You report that in your early 20s you were introduced to ‘some bad stuff’ on Twitter.
39Socially you dated a woman for a couple of years when you were between 16 and 18 and then had another short relationship in your early 20s. You keep in contact with some high school friends. You spend a lot of time on your computer. You first got a computer when you were about 13 or 14 and commonly spend up to six hours a day online.
40In relation to your offending, you told Ms Mathews, ‘six years ago, no one knew but me, after what I did, I stopped seeing her, and she did not tell her parents.’ You stated further, ‘I feel I don’t deserve to be around them. I made a huge mistake. I’ve felt guilty since I've done it.’ You told her that you started downloading child pornography in 2015 but stopped after what happened with your cousin. You kept the images and in 2021 you uploaded all your pictures to Google Drive which ultimately resulted in your detection.
41Ms Mathews states that overall, your profile indicates low self-esteem, avoidance of interpersonal relationships, and some current physical and mental health concerns. Since your arrest you have struggled with anxiety and depression.
42I take these matters that are personal to you into account in sentencing you.
Factors in mitigation
43A number of additional factors were advanced on your behalf in mitigation by Ms Franjic and they are as follows, in brief:
Prior good character
44You are a person with no prior or subsequent convictions or findings of guilt. Prior to your offending you led a relatively productive and law-abiding life.
45Character references received attest to your prior good character and stand in direct contrast with your offending conduct. You are described as a hard worker, a good person and as the backbone of your family. In all the circumstances and notwithstanding the nature of this offending, I consider that your prior good character should be given some mitigatory weight.
Youth
46You are currently 26 years of age, born in November 1995. At the time of your offending the subject of Charges 1-8 you were 20 years of age. Your youth is therefore a relevant consideration.
47The Court of Appeal in R v Mills[7] stated what is often referred to in relation to youth, ‘youth of an offender, particularly a first offender should be a primary consideration for sentencing courts where that matter properly arises.’ The courts recognise that due to their immaturity young offenders may be ‘more prone to ill-considered or rash decision’. They ‘may lack the degree of insight, judgment and self-control that is possessed by an adult…they may not fully appreciate the nature, seriousness and consequences of their criminal conduct.'
[7] [1998] 4 VR 235.
48You are now still a relatively young man. The Courts also recognise the potential for young (or more youthful offenders) to be redeemed and that their effective rehabilitation in the long term better protects the community from further offending.
49Your youth at the time of most of the offending, and your relatively young age at the time now of sentence, are important considerations to be considered at all stages of the sentences I impose. Given the seriousness of your offending and the need for general deterrence, denunciation and just punishment, there will be some reduction in its mitigatory effect.[8]
[8] Azzopardi v R [2011] 35 VR 43.
Time in custody
50Your Counsel also made the submission that custody will be more onerous because of the COVID-19 pandemic, and measures taken by Corrections. I accept that the prison environment continues to be strictly controlled and that this will likely represent an additional burden for you.[9]
[9] Brown (aka Davis) v The Queen [2020] VSCA 60, [48].
Prospects of rehabilitation
51In terms of your rehabilitation, I note that you do not present with any substance abuse or addiction issues and that you have an impressive work history and the continued support of your family. Your parents wrote a letter where they describe the guilt that you have carried up until your arrest and how you are now able to talk to them about your offending and have spoken to them.
52They obviously love and support you and will continue to do so. Also, importantly, Mr Reeves, as I have already referred to, you have no prior criminal history or subsequent offending. In this respect I note that the most serious contact offending was committed over six years ago and within that time you have not offended in a similarly grave way. You have also accepted responsibility for your offending which is relevant to an assessment of your rehabilitative prospects.
53Ms Mathews, psychologist, confirms that you do not present with a psychopathic personality disorder or any major mental illness or severe personality disturbance. She considers that you have no problems with planning or engaging in treatment.
54She conducted a formal risk assessment and assessed you with the available and official tools (CPORT and RSVP). She indicates a diagnosis of Paedophilia and Hebephilia as your offending involves sexual behaviour with a prepubertal female and CAM involving pre and post-pubertal children, predominantly female, and more material involving prepubertal children than post pubertal children. However, she was unable to make an actual diagnosis as it requires behaviours lasting six months or more and information regarding the period that the CAM was viewed over or collected in your case is not available. She concludes that you present as a high average risk of further sexual offending against a child or viewing child abuse material. She recommends that you not have direct contact with children and that you require treatment.
55I also received a report from psychologist, Ms Daria Sizenko, of 13 April 2022. You have attended approximately 41 sessions with her commencing in May 2021. At first you struggled to talk about the offending against your young cousin as you became emotional and shut down. You were introduced to the basics of Cognitive Behavioural Therapy (CBT), mindfulness, and grounding techniques to assist you with managing your thoughts and regulating your emotions. Further sessions have focused on understanding and challenging cognitive distortions and problematic beliefs relating to your offending.
56You admitted to previously failing to acknowledge the severity of your actions, admitting to an ongoing justification of engagement with CAM. You have been cooperative and open through the sessions. Although progress and improvement has been made you still struggle to speak about the offending against your cousin openly. You may benefit from additional therapeutic guidance to process and reflect on your contact offences as this would allow for additional support to manage your mental health.
57In all the circumstances, you present with good prospects of rehabilitation, though of course there is a need for caution given your presenting symptoms of paedophilia and hebephilia and your assessed risk. Importantly however it is clear that you have responded to and benefited from treatment. You have expressed a genuine willingness to engage in treatment and to address your sexual psychopathology that has been identified. Your commitment to treatment after your arrest is a moderating factor reducing your estimated risk and continued treatment in the future, I accept, will work to enhance your prospects.
58While a term of imprisonment is the only option in your case, I recognise that it will interrupt the ongoing and beneficial treatment you have been receiving. I consider it is important that the sentence I impose adequately punishes you but also facilitates your ongoing treatment, which will best protect the community. Although you are not a young offender as defined in the Sentencing Act you are still relatively young at the age of 26. I recognise that imprisonment for any substantial period carries with it the recognised risk that anti-social tendencies may be exacerbated and may have adverse flow-on consequences for the community.
Sentencing principles
59The basic purpose for which a court may impose a sentence are punishment, general, specific deterrence, rehabilitation, denunciation and protection of the community. General deterrence, denunciation and community protection are particularly important considerations. I also note that the operation of the serious offender provisions in your case mandates that community protection be the principal purpose of sentencing you from Counts 3 onwards on the indictment. I also consider that, in all the circumstances, specific deterrence has to be given some weight though I recognise that you have improved in your insight and in recognising the severity of your offending.
60I take into account the sentencing guidelines referred to in s 5 of the Sentencing Act where relevant to your case and I also have had regard to the general landscape of sentencing for the charges that you have pleaded guilty to. I take into account the profound harm caused by your offending, Mr Reeves, and I also the factors personal to you and raised in mitigation on your behalf.
61The only appropriate sentence in this case, as agreed between the parties, is an immediate term of imprisonment, structured with a non-parole period. I recognise that the deprivation of liberty and personal autonomy for a substantial period during a pandemic is a severe sanction for someone like yourself, who is still relatively young and has never been sentenced to a term of imprisonment previously.
62Further, as I have already indicated, while s 6E moderates and limits totality, I still need to arrive at a just and appropriate sentence. While this was serious and abhorrent offending, some of the charges are closely connected in time, or involve overlapping conduct, which calls for a measure of concurrency. I must also ensure that the sentence I impose is not a crushing one and does not offend against the principle of totality. I propose to achieve this by moderating the sentences on individual charges and adjusting the orders for total or partial cumulation or concurrency.
63Taking into account all these matters, I impose the following sentences. Mr Reeves, this is where I have arrived at the numbers that I am going to impose in respect of the different charges.
64With conviction you are sentenced as follows:
65Charge 1, 16 months' imprisonment.
66Charge 2, 12 months' imprisonment.
67Charge 3, 16 months' imprisonment.
68Charge 4, nine months' imprisonment.
69Charge 5, three years' imprisonment.
70Charge 6, 12 months' imprisonment.
71Charge 7, nine months' imprisonment.
72Charge 8, nine months' imprisonment.
73Charge 9, two years' imprisonment.
74Charge 5 is the base sentence and I make the following orders for cumulation. charge 1, four months' imprisonment; charge 2, two months' imprisonment; charge 3, four months' imprisonment; charge 4, one month imprisonment; charge 6, two months' imprisonment; charge 7, two months' imprisonment; charge 8, one month imprisonment; charge 9, three months' imprisonment.
75That should arrive at a total effective sentence of four years and seven months' imprisonment. I am just going to give both of you a moment to ensure that that is the total effective sentence.
76HER HONOUR: The non-parole period I set in your case is 2 years and 9 months' imprisonment. That, Mr Reeves, is informed by a number of important factors including your relative youth, your young age at the time of the majority of the offending, my assessment of your rehabilitative prospects and your commitment to and positive response to treatment and the desirability, or rather the need for this to continue.
77Pursuant to s 18 I declare two days as having been served as pre-sentence detention.
78Pursuant to the provisions of the Sex Offender Registration Act which mandatorily apply, you are now a registrable offender, and the period of registration is for the rest of your life.
79You will receive, Mr Reeves, material about this and that is your obligations. You will need to present at the appropriate time to the police and I should inform you that failure to comply with the obligations that will arise as a result of that registration is a criminal offence which almost inevitably leads to prosecution. No doubt your counsel, Ms Franjic, can explain that in some further detail. You will receive paperwork that outlines what your obligations are. They are many and you should read that paperwork carefully.
80There are also custody management issues that Ms Matthews certainly raises in her report. She recommends that Mr Reeves be placed on a suicide watch, and it seems to me that it might be appropriate in this case - I will hear counsel - to annexe the report. I appreciate that Mr Reeves has done two days, effectively the overnight in custody. But he is 26, this effectively is his first time in custody as a sentenced prisoner to a substantial period, so I do not know whether you want me to have that report provided or whether to note custody management issues.
81MS FRANJIC: If I could just have a quick scan of the report, Your Honour.
82HER HONOUR: Yes. Ms Caruso, is there anything further?
83MS CARUSO: Your Honour, there was a disposal order sought.
84HER HONOUR: I am sorry. That is right and it was not opposed, and I propose to make the disposal orders, thank you. 6AAA declaration, yes. Aside from - - -
85MS CARUSO: Two more things - - -
86HER HONOUR: Sorry?
87MS CARUSO: Sorry, Your Honour, a 6AAA declaration and a declaration that Mr Reeves has been sentenced as a serious sex offender.
88HER HONOUR: Yes, thank you. I will do that now, Ms Franjic while you are perhaps considering your position. In relation to 6AAA I can indicate that but for your plea of guilty in respect of this matter I would have sentenced you to 6 years and 10 months' imprisonment with a non-parole period of four years.
89I also declare and direct that it be entered into the records of the court that
Mr Reeves is sentenced as a serious sex offender in relation to Charges 3 to 9 inclusive on the indictment. Is that sufficient, Ms Caruso?90MS CARUSO: Yes please, Your Honour, thank you.
91MS FRANJIC: I've just had a quick scan of the report, Your Honour, and it seems to me sufficient that the notation be made but the report needn't be provided, it doesn't add much - - -
92HER HONOUR: All right, if I could have noted that effectively this is Mr Reeves’ first custodial sentence and that it is recommended by psychologist Pamela Matthews that he be placed on a suicide watch to regulate at least his initial time in custody.
93MS FRANJIC: That's appropriate, Your Honour.
94MS CARUSO: Before Your Honour goes just ensuring that Mr Reeves will be handed the reporting documents - - -
95HER HONOUR: Thanks, Ms Caruso, we will get that done now before we adjourn. We will take a few minutes, I am going to remain here it shouldn't take too long. Mr Reeves, my associate will approach you in a moment with that material in relation to your sex offender registration and you will be asked to acknowledge receipt of it and for your signature, all right?
96That has been done now, Ms Caruso, you will receive a copy of that also. Anything further?
97MS CARUSO: No, Your Honour, thank you.
98HER HONOUR: Thanks very much, thanks, Ms Franjic. Adjourn the court.
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