Director of Public Prosecutions v Ronchi

[2018] VCC 1323

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01367

DIRECTOR OF PUBLIC PROSECUTIONS

v

LUKE RONCHI

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:	22 August 2018
DATE OF SENTENCE:	22 August 2018
CASE MAY BE CITED AS:	DPP v Ronchi
MEDIUM NEUTRAL CITATION:	[2018] VCC 1323

REASONS FOR SENTENCE
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Piggott	Office Of Public Prosecutions
For the Accused	Mr B. Johnstone	Tony Hargreaves & Partners

HIS HONOUR:

1Luke Ronchi, in early 2016, you came in contact with the victim via mutual friends.  You both attended high school though in different years.  You communicated with the complainant or victim over social media.

2In March 2016, you arranged with the victim to meet up with you.  You were 18 and a half, she was 14 years and three months.  You were driving and picked her up from the middle of the small country town in which you lived and then moved to another secluded spot where you stopped.  You asked her to have sex with you, engage in oral and then protected sexual intercourse.

3Your offending was this one-off event.  The offence came to light when the complainant made a false allegation of rape which was connected to another matter and nothing to do with you.  The phone was interrogated by the police and new details revealed.

4What occurred between you and her was to disclosed to the police along with other young men in similar circumstances, one who committed a like offence but in more serious circumstances was given an 18-month community corrections order with conviction by Her Honour Judge Gaynor.

5What also is of note about the way the matter came to light is that there has been a delay.  As I will deal with shortly, you have in that time, that is during the delay, both been anxious and stressed but have advanced your rehabilitation and shown your true character.  Ultimately you sought a sentence indication and today I granted that application.

6You then pleaded guilty on arraignment to a single charge of sexual penetration of a child under the age of 16.  As I made clear in the sentence indication and in the plea hearing, this was an example of the offence at the lower end of the spectrum.  It was not quite but not far off the example given by Court of Appeal in Clarkson where they said the following and I will give both ends of the spectrum.

"Typically, the giving of the consent will be a reflection of the relationship between the child and the offender.  In very many cases, the consent will be seen to reflect a significant age difference and/or power imbalance between offender and victim.  In such cases – for example, the consent given by a pupil to her teacher, or by a daughter to her mother's partner – the circumstances will usually reveal the offender's abuse of a position of trust or authority, rendering the offence more grave and his culpability greater.

"At the other end of the scale, there are exceptional cases – for example, in a relationship between a 15-year-old girl and an 18-year-old boy – where the consent is, relatively speaking, freely given and genuine and a reflection of genuine affection between the two.  In such circumstances, as the cases illustrate, the sentencing court is likely to view the offence as less grave and the offender's culpability as reduced."

7Thus, in my view, your moral culpability is low.  It is further moderated by reason of your youth and in your case, your deficits as were outlined in the psychological report of Mr Newton.

8A victim impact statement was read by the prosecution.  The victim is now not as trusting of men even those close to her.  She is on medication and finds her moods and emotions fluctuate.  She has found some relationships and social circumstances difficulty, including school.  It is hoped that she may be in a better place now that all cases relating to these events, as I understand it, are at an end or coming to an end.

9As to your circumstances, you are now 20.  You have a very supportive family and partner.  You have solid work at the moment and plans to join the army.  Your prospects are excellent.  You have had difficulties as you grew up, firstly meeting the usual physical and language milestones.  Then, there was bullying at school.

10As indicated, your youth and thereby your general immaturity reduces your moral culpability.  In your case, your development and cognitive deficits make it more explicable that you were not mature enough to make a better judgment with respect to this offending.

11But there is much more that was raised by way of mitigation.  The testimonials from an ex-teacher and a family friend you worked for over a school holiday are evidence of your good qualities.  Another letter from your best friend, Jack Higani, took things to quite a different level in revealing your true character.  This letter deserves to be extensively quoted.

12He says that you and he had been best friends since Year 8.  He has found you to be a kind and polite friend.  He then goes on,

"After Luke told me about being in trouble with the police for having sex with a younger girl, he and I decided for our project in Year 12 VCAL to organise community wellness police officer Leanne Nelson to come to the school and help us with a presentation regarding the dangers and consequences of underage sex and the laws around aged differences and consent.

"Luke and myself helped Ms Nelson to create a presentation which we both presented to the Year 10s to help create awareness and caution to as many people as we could to prevent anyone else getting into the same situation as Luke.

"With this, we also created a questionnaire that we got the Year 10s to fill out.  When we got the answers back, we were shocked to see that 85 per cent of the year got all questions wrong and that 100 per cent of the year, Luke alongside myself, were not actually sure on the actual laws.

"I have been by Luke's side through all of this and I can see it has affected him dramatically.  He regrets what he has done and told me himself that if he could change one thing it would be to change what he has done and the effects he just had on everyone involved.  [He says that] I believe Luke would never make this mistake or anything like it ever again.  I hope you can see that Luke is a good person."

13I have often observed that our community is willing to support the courts when the courts give a young offender a second chance.  The criteria that needs to be met in terms of the community providing support is that the offender is truly sorry and has done what they can to make good to rehabilitate themselves.

14Your efforts to educate other young persons is remarkable. I have not come across such an effort before. It must be acknowledged in the penalty I impose. This is one of those rare cases that enliven s.6(c) of the Sentencing Act.  The Sentencing Act indicates that consideration can be given in terms of assessment of a person's character as to significant contributions a person has made to the community.  Yours was a significant contribution.

15I factored into the equation your remorse and humiliation.  The whole experience has operated as a deterrent to you.  Your response reveals how solid are your prospects for complete reform.  The analysis by Mr Newton using all the appropriate testing tools is that you are a low risk of reoffending.  I agree.  Perhaps going further to say that you are a very low risk of reoffending.

16Your plea of guilty is important in that it relieved the victim from what could have been embarrassing cross-examination in a court.  I have applied all the principles for sentencing young offenders as set out in an important Court of Appeal case of Azzopardi and Mills.

17In the end, this is a case to impose an adjournment with you giving a promise to the court to be of good behaviour.  It is no slight thing or small thing to give a promise to the court that you will be of good behaviour.

18I have considered whether a conviction is required. Your counsel urged that I take the course that no conviction be imposed. Notably and with great fairness, the prosecution agreed. All the matters set out in s.8 of the Sentencing Act when assessed in terms of your offending, your prior unblemished character and your prospects especially if you seek to join the army, lead me to the firm conclusion that there should be no conviction recorded in this case.

19I add although it will be for a later time that I have a discretion as to whether you would have to be registered under the Sex Offenders Registration Act.  I have been informed that the police want an assessment.  You qualify in terms of the legislation so as to allow me not to impose registration but I will await the assessment done by the police.

20However, I say from this vantage point and what I know, it would seem very much all in your favour but I make no decision or foreclose on anything until the assessment is done.

21Doing the best I can, in respect of the one charge which is sexual penetration of a child under the age of 16, this matter will be adjourned for a period of nine months with you giving an undertaking to be of good behaviour.  That penalty or that adjournment is without conviction.

22Had you pleaded not guilty to the matters and been found guilty of it, I would have imposed a sentence of six months youth detention for the offending.

23Is there anything further required?

24COUNSEL:  No, Your Honour.

25HIS HONOUR:  Thank you.  Can I just say to the victim in this matter, you might have noted that I did not use your name through the time.  That is not because I do not know you.  Of course I do but it is not out of disrespect, it is out of, I hope, respect because it is to keep it as privately as it can be made your name and your school and where you live or lived so that is why I refer to it in that way.

26Mr Ronchi, can you come out of the dock please and if you consent to this order being made, you can sign that document.  Copies will be made of that.  Now, Ms Piggott, what is the next step in terms of the Sex Offenders Registration.

27MS PIGGOTT:  Your Honour indicated that this matter might be heard in the Warrnambool Circuit, Your Honour.

28HIS HONOUR:  I am happy to do that.

29MS PIGGOTT:  It will probably be convenient to certainly the Ronchi's family.

30HIS HONOUR:  Yes.

31MS PIGGOTT:  I have been advised that it is six weeks before the result could be - and I do not know when the next Warrnambool Circuit ‑ ‑ ‑

32HIS HONOUR:  22 October.

33MS PIGGOTT:  That should be adequate time.

34HIS HONOUR:  I will adjourn Mr Ronchi's matter for further application pursuant to the Sex Offenders Registration Act to the Circuit commencing 22 October 2018 in Warrnambool and I do not have to do anything in terms of the assessments.  They are just arranged by the police, are they?

35MS PIGGOTT:  That is correct and as soon as the assessment ‑ ‑ ‑

36HIS HONOUR:  Is there something that compels them to attend at all or you are not sure.

37MS PIGGOTT:  I am not sure to be honest, Your Honour, but I will make enquiries and I will advise my learned friends and notify the court as soon as ‑ ‑ ‑

38HIS HONOUR:  All right.  It is high likely he would cooperate but if it is a requirement that a court order is and just bring it on as soon as you know.

39MS PIGGOTT:  Thank you, Your Honour.  And if there is an assessment result prior to that date, I will ensure that the court and my learned friends are notified of what assessment is, Your Honour.

40HIS HONOUR:  Yes, file it or whatever you have to do and then we will just get to it when we got time down in Warrnambool.

41MS PIGGOTT:  Thank you, Your Honour.

42HIS HONOUR:  Mr Johnstone will call it on at probably short notice.  Probably at nine in the morning or at seven at night or something given the list that we have got down there so you just have to ask him to be ready at short notice.

43MR JOHNSTONE:  As Your Honour pleases.

44HIS HONOUR:  All right.  I thank counsel for their very significant assistance in this matter and speed with which it proceeded.  There is no need - there are other people who are coming in to do another matter but I will stand down and you can leave the Bar table when you are ready.

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