Director of Public Prosecutions v Ryan
[2025] VCC 936
•3 July 2025
| IN THE COUNTY COURT OF VICTORIA AT BALLARAT CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-25-00414
CR-25-00415
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| REX RYAN |
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JUDGE: | HER HONOUR JUDGE DALZIEL | |
WHERE HELD: | Ballarat | |
DATE OF HEARING: | 26 June 2025 | |
DATE OF SENTENCE: | 3 July 2025 | |
CASE MAY BE CITED AS: | DPP v Ryan | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 936 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Indecent assault
Legislation Cited: Crimes Act 1958; Sex Offenders Registration Act; Sentencing Act 1991
Cases Cited:Bernard (a pseudonym) v The King [2004] VSCA 293
Sentence: 3 years 11 months’ imprisonment with a non-parole period of 2 years 6 month
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S. MacDougall | Office of Public Prosecutions |
| For the Accused | Ms K. Mildenhall | Victorian Legal Aid |
HER HONOUR:
Summary of Offending
1Rex Ryan, the offending for which I must sentence you occurred between February 1978 and December 1981. It covers indecent assault of six different girls, over time that period.
Redan Primary School - Charges 1, 2 and 3
2In February 1978 you were teaching at Redan Primary School. You were then in your early 30s. You did not have your own class of students, rather you were involved in teaching the children to develop and print photographs in a newly established dark room.
Charge 1
3Annabelle Jamison[1] attended the Redan Primary School from Prep to Grade 6. She turned 11 in March 1978. Whilst you were teaching at the school, her class was shown the darkroom and how photographs where printed.
[1] A pseudonym.
4One lunchtime she was in the darkroom with you, with no-one else present. She was helping you develop some prints when you touched her over her clothing. First, you touched her breasts over clothing then her vagina over her clothing. Both these acts are uncharged. You then put your hand inside her underpants and touched her vagina skin on skin. This is the conduct which gives rise to Charge 1. You were standing behind her, trying to push your hand between her legs whilst she held them tightly together, in an effort to stop you.
5Annabelle left, feeling shame and thinking that she would never go back to the darkroom. She said nothing about the incident until long after she had finished school. She reported the matter to police in early 2024.
Charge 2
6Shirley Logan[2] was 10 years old, in Grade 5. She had been to the darkroom with you on several occasions, sometimes with her friend, Christa Norman[3].
[2] A pseudonym.
[3] A pseudonym.
7On 5 April 1978 Shirley’s usual teacher was at a school sports event, and you were her teacher for the day. She asked you if she could develop photos with you, over lunchtime. Thus, she was seated at a low table in front of the enlarger. You sat behind her and put your hand under her dress, and then inside her underpants. You touched her vagina, moving your fingers around before running your hand over her stomach and chest, saying 'Does this tickle?'. Shirley did not reply, she got up and moved away. You said that you both had to leave to get back to class.
8Shirley told some friends that day what had happened, and they went with her to the headmaster. When her mother came to collect her, she told her what had happened. Shirley's mother got her husband to come to the school. He spoke to the principal and confronted you, saying 'You animal. You tampered with my daughter'. You denied any wrongdoing. Shirley's father insisted that police become involved.
9You were interviewed the next day, 6 April 1978. You agreed you had been in the darkroom with Shirley, but denied touching her sexually. You said you had only touched her shoulder. You suggested she had made up the allegation against you because you had ruled against her when umpiring a ball game later that day. No charges were laid.
Charge 3
10
In 1978 Christa Norman, who was friends with Shirley Logan, was also in
Grade 5. She remembers an occasion where you invited her and Shirley to the darkroom with you, over lunchtime. Nothing happened on that occasion.
11Another day you approached Christa at lunchtime and asked her if she wanted to go with you to the photography room. She agreed and together you developed some prints. Then, when Christa was at the enlarger you sat behind her and put your hand between her thighs. Your hand was touching both of her legs as she tried to focus on the enlarger and ignore what you were doing. Her legs were pressed together but your hand was touching her inner thighs in an area which she describes as 'at an uncomfortable height'. She left the darkroom and did not tell anyone what had happened for many years. She was nine or 10 at the time of this offending against her.
12You were transferred to Tullamarine Primary School in in July 1978.
Wendouree West Primary School Charges
13The next group of charges occurred at Wendouree West Primary School. Between January 1979 and the end of 1981 you worked at Wendouree West Primary School.
Charges 4 and 5
14Debra Pittard[4], attended Wendouree West Primary School from Prep to Grade 6.
[4] A pseudonym.
15In 1979 she turned seven and was in Grade 2. One lunchtime she was alone with you in a classroom. You sat on a chair at your desk, with her standing in front of you. She was wearing a skirt and tight stockings. You pushed your hand into her pants, forcing your way past her stockings. You put your hand down the front of her underpants and touched her on the vagina. (Charge 4)
16Charge 5 occurred the next year, when Debra was in Grade 3. Her class went into the classroom where your students were, to sing a song. They lined up in front of the class to sing. You stood behind Debra. You took her right hand and you forced it up the leg of your shorts, putting her hand on the skin of your penis.
17The next year, when she was in Grade 4, Debra told her mother that you had been touching her. It appeared to Debra that her mother 'shut down' on hearing this. Later that year she identified you to her mother at the school. No action was taken.
Charges 6 and 7
18
Barbara Long[5] also attended Wendouree West Primary School from Prep to
Grade 6. In 1979, Barbara was seven to eight years old, and in Grade 4. You were teaching PE and photography, as well as being a classroom teacher.
[5] A pseudonym.
19At some point in 1979 you were teaching a group of children, including Barbara, swimming. You held her up as she was kicking in the pool, and in so doing you touched her stomach and then her vagina, over her bathers. (Charge 6)
20In 1980 Barbara was in Grade 5. You were here classroom teacher. The children would sit at desks where two children would sit side by side.
21One day while the class was doing maths, you sat next to Barbara, squeezing in so that she was pressed against the student sitting next to her. You undid the zipper of her pants and you put your hand inside her underwear, moving it up and down touching her vagina. (Charge 7). She remembers 'it felt like it went on for the whole lesson, but it may have only been a couple of minutes'. She recalls that whilst you had your hand inside her underpants, you continued to talk about the maths she was working on. You then just stopped and resumed teaching the class.
22Barbara was mortified when she stood up at the end of the class and her pants fell down, as her zipper was still undone. In the break after class she stole a toffee from your desk to get back at you. She ran home and told her mother what you had done.
23Her mother took action, going back with her to see the school principal. When they got there, you were in the office with the Principal. She remembers you stared at her, making her feel intimidated. Her mother tried to speak on her behalf, but the Principal and you focussed on the stolen toffee, and Barbara was made to apologise to you, for that. She was removed from your class.
Charges 8 and 9
24Hazel Anderson[6] started at Wendouree West Primary School in 1979, when she was in Grade 2. Her first memory of you is as a PE teacher, when she was around eight. She remembers you were friendly, and that you usually had a camera with you.
[6] A pseudonym.
25Hazel was friends with Debra Pittard, the victim of Charges 4 and 5.
26After PE one day when she was in Grade 3 or Grade 4, Hazel was with Debra in the loft or mezzanine level. You told Debra to move to the other side of the loft, away from Hazel. You grabbed Hazel from behind, holding her around her waist, and then used your free right hand to touch her vagina, initially over her clothing.
27You forced your hand through the elastic waistband of her pants then inside her underwear to touch the naked skin of her vagina. (Charge 8) This lasted for a minute or two before you just stopped. You held your finger to your lips, indicating she should be quiet.
28On a separate occasion in 1980 or 1981, when Hazel was climbing up a ladder to the loft you were behind her. You put your hand up her skirt and touched her vagina over her underwear. (Charge 9)
29You left Wendouree West Primary School at the end of 1981, to work at Black Hill Primary School effective from 2 January 1982.
Interviews and Admissions
30As I have already noted, you were interviewed in respect to the offending against Shirley Logan (Charge 2) on 6 April 1978. You denied the allegation, and suggested a motive to lie.
31You were next interviewed by police, in respect to these charges, in April 2024. At that time you admitted the offending against Shirley Logan. You said that was the only offending you remember happening at Redan Primary School. You recalled she showed you she was uncomfortable with what you were doing, and that you did not restrain or threaten her.
32When Charge 1, involving Annabelle Jamison, was raised with you, you remembered touching her vagina. You did not recall offending against Christa Norman (Charge 3).
33In that interview you spoke of your attraction to girls around the age of eight, that you found them particularly appealing, and had strong sexual urges regarding such children, which you managed better now.
34In that interview you also said you had committed offences whilst at Wendouree West Primary School, but that the only incident you could recall was touching a girl, who you thought was Debra Pittard, during the swimming class.
35You were interviewed again in June 2024. You denied the incident described by Debra Pittard which took place whilst her class was singing (Charge 5). You did recall a similar event to Charge 4, although your memory was that there were other children present. You said that that was the one you were most ashamed about.
36You did not recall the meeting with Barbara Long and her mother, and the school principal, nor did you admit to the offending which founds Charge 7. You did not recall touching Hazel Anderson.
37You did say you were remorseful for the harm you had caused to the children against whom you had offended.
Victim Impact Statements
38Each of the victim impact statements demonstrates how significant it is for the development of a child when an adult, in a position of power, abuses the trust of that child and offends against them in a way that compromises their bodily autonomy at such a developmentally significant age. Each victim describes the impact on their self-image, their schooling and working life, and relationships. I cannot cover everything in these statements in these sentencing remarks, but I will summarise parts of them.
Annabelle Jamison
39Annabelle Jamison stated that your offending has deeply affected many areas of her life. Her ability to concentrate in school was affected, and she was unable to pursue the career that she wanted. She struggled with figures of authority and continues to have issues with asserting her personal boundaries. She notes that her relationship with her body is 'distorted' and that it is a constant reminder of the violation she suffered. Her mental health has been deeply affected by your actions, and she has been taking antidepressant medication for nearly 30 years.
Shirley Logan
40Shirley Logan described your offending as a life sentence for her. She told the Court through her statement that you were a trusted mentor to her, and she felt she had no voice, and was left broken by your offending. Her statement notes the validation she feels now that you will finally be held accountable, but she nonetheless feels that she will be haunted forever.
Debra Pittard
41Debra Pittard described how 'horribly alone' she felt at the time, wishing that you would focus your attention on somebody else. After she complained to her mother, and nothing happened, she understandably came to the view that no one would help her, and that both adults and other authority figures could not be trusted. She remains uncomfortable with figures of authority.
42She describes the disconnection she felt from her mother as a result of the offending and complaint, and the 'gaping hole' in her heart that was left following her mother's death. She describes blaming herself, and feeling that she was responsible for your actions, and that she was weak for freezing. She states that while her adult brain knows that she is not responsible, her inner child continues to bear the emotional trauma you caused.
43In 2021 she suffered what she described as a physical, mental, and emotional breakdown. She could not function in her daily life and resigned from her professional role of 20 years in order to focus on her healing.
Barbary Long
44Barbara Long writes that she lost her innocence and her confidence, with the impact on her self-esteem and self-image being lifelong. She has nightmares, is afraid of the dark and has trouble sleeping. She writes of a history of bad relationships which she links to her distorted understanding of how to express affection, due to your offending.
45The impact of your offending was compounded by the reaction of you and the school. She reported your offending to her mother, who then approached the Principal of the school. Regrettably, the Principal accepted your denial of the offending. This had a significant impact on Barbara. She felt that other teachers thought she was a liar, and that she was treated differently by them. She lost her desire to learn, and her desire to become a police officer. She says she just gave up trying.
Hazel Anderson
46Hazel Anderson writes how the feelings of shame, powerlessness, guilt, worthlessness, distrust and anger that she felt at the time have continued throughout her life. At the time of your offending she felt trapped, and the sense of being unable to do anything to save herself continues to cause her anxiety and nightmares. Your gesture to her, of putting your finger on your lips, instilled fear in her at the time, and prevented her telling anyone for fear of further harm.
47She feels you took advantage of her innocence and vulnerability and in so doing destroyed her faith in adults, particularly men. This impacted her relationship with teachers, particularly male ones, and her education. Her behaviour became disruptive and reactive. She took steps to hide her body and appearance by her clothes and makeup, and she developed an eating disorder. Her relationships with men suffered, and despite her efforts, your offending still makes her distrustful and suspicious of people.
48Christa Norman chose not to put in a Victim Impact Statement. I do not infer from that that she did not suffer harm.
Personal Circumstances
Background
49You were born in 1944. Your parents were Seventh Day Adventists and raised you in that religion. You had three siblings, one of whom has now passed away. Until you were eight years old your family was living in rural NSW, working on a banana plantation. This was hard work, but your parents were industrious and resilient. You have a good memory of your mother, describing her as a caring person. Your father was more authoritarian.
50When you were eight, your parents moved into dairy farming which was demanding work to which everyone in the family contributed. Your father had to take on additional employment to support the family.
51Your mother passed suddenly when you were around 17. Your memory of that time is poor, but it seems you had a deep bond to your mother. After her death you boarded with members of your church community, and your brother was boarded elsewhere. Your father struggled to cope but eventually remarried to a woman who was younger than you and your two siblings. You were estranged from your father for a time.
52You learnt, later in life, that your father had sexually abused one of your nieces.
53You did fairly well at school, academically. You believe that you coasted along using your innate abilities, rather than learning to apply yourself, and so achieved B's rather than A's. After completing HSC you did an accounting course, and then a teaching course through your church under which you obtained a teaching diploma.
54You reported that your first normal romantic relationship was when you were 18 or 19, with a young woman who was part of your church community. When you decided to pursue teaching you moved away and that relationship ended. You married when you were 22. You and your wife moved to Papua New Guinea, working as missionaries. Whilst there it was discovered that you were having a sexual relationship with a 16-year-old local girl who was employed as a maid in your household. You were then in your mid-20s.
55You were excommunicated from the church and describe a sort of spiritual crisis, where you sought forgiveness and guidance through prayer. You did not experience any sense of response or comfort and you felt strongly affected by what you perceived to be a lack of divine support. You rejected your faith.
56Despite your behaviour your wife gave you a second chance. You and your wife returned to Australia and you found work as a primary school teacher, in Victoria, from 1971. You have two children still living from that marriage, born in 1977 and 1981, but sadly another child died hours after birth. You still carry a great burden of unresolved grief for that baby.
57You worked as a teacher at various schools in the Ballarat area:
· 1971 – Mt Pleasant Primary School
· 1972 – Ballarat East Primary School
· 1973 – Ballarat Primary School
· 1975 – Windermere Primary School
· 1976 - Miner's Rest Primary School
· 1977 - Golden Point Primary School
58Then in February 1978 you started at Redan Primary School, where Charges 1, 2, and 3 were committed by you. In July that same year you were transferred to Tullamarine Primary School where you stayed for the rest of the year.
59From January 1979 to the end of 1981 you worked at Wendouree West Primary School, where Charges 4 to 9 were committed.
60
In 1982 you began working at Black Hill Primary School. Between May and October 1982 you sexually assaulted five of the female students at that school. In November 1982 charges of indecent assault relating to those five girls were served on you. You were given notice by the Department of Education that you were suspended from teaching, and you resigned in March 1983. You were then
37 years old. In May 1983 you were convicted and sentenced to probation for two years, with a notation 'to attend for such shock therapy as directed by his medical assessors'. It is unclear whether any such 'therapy' took place.
61Once you ceased working as a teacher you started a photography business, which I was told was not successful.
62In 1987 or 1988 you indecently assaulted the eight-year-old daughter of your neighbour. Using your employment as a professional photographer you took photos of her first clothed, then naked. On five occasions you touched her chest and vagina, you licked her vagina and you masturbated on her. On interview you admitted all the allegations and said that you were a paedophile. You were sentenced in 1993 to nine months on two of the charges of indecent assault, and three months on the other three charges. The total sentence was nine months' imprisonment.
63You and your first wife separated during your gaol sentence, with your relationship then consisting only of contact about your children.
64You found limited work after your gaol sentence, eventually retiring completely when you became eligible for the aged pension.
65You married again at around that time. Your wife now suffers from Alzheimer's disease and is living in a respite care facility. Prior to your remand you would spend hours each day sitting with her. She still recognises you and your support and connection to her is a very important aspect of your life. I accept you will be concerned for her during your time in custody, which will make your time in custody more difficult.
Psychological Assessment
66You were assessed by Ms Mynard, a psychologist, for the purposes of the plea hearing. At the time of her assessment you were experiencing stress, which you related to your concerns about your wife's welfare, and anxiety, but her assessment led her to conclude that you were psychologically stable with 'no clinical elevations across the primary clinical scales'.[7]
[7]Mynard [76].
67You explained to her the justifications you made at the time of the offences, to yourself, such as it not being penetrative offending, and that you did not force the girls or threaten them. You say that at the time of the offences you did not realise how much damage such conduct would cause the victims.[8] You reported having a high sex drive and that during the time of the offending you were also having an affair with your best friend's wife.[9]
[8]Mynard [60].
[9]Mynard [63].
68You reported that after the sentence in 1993 you engaged with a psychologist, but that you also felt you never:[10]
… had access to a clear explanation or psychological formulation that accounts for it. [being the paedophilia] [You] stated that [you] had not received a formal diagnosis related to these behaviours and largely had to develop strategies on [your] own to manage [your] thoughts and behaviour.
[10]Mynard [61].
69Ms Mynard considered you met the diagnostic criteria for a paedophilic disorder.
Gravity of Offending
70You were a teacher at the school attended by each victim. You were thus in a position of trust and power over each victim. Your culpability increases by reason of the number of offences and victims. You continued to offend even after you were interviewed by the police in respect to the offending against Shirley Logan. Whether you were emboldened by not being charged or you thought you could brazen your way past any further allegations is not indicated on the evidence, but it is striking that you continued to act on your paedophilic urges again and again.
71Each of the charges before me is a 'single instance' charge, rather than a rolled up or representative charge. Thus, in considering the sentence to impose on each charge, I must look at the circumstances of the offending in that instance. I do not, however, treat any of the charges as an isolated out of character act by you. Not only are there nine charges before me, but you have in the past been sentenced for committing offences against six other girls, and in a time subsequent to but proximate to these offences.
72In each of Charges 1-3 you took advantage of being alone with the victim in the darkroom, to sexually touch them. There is no evidence that proves you lured them to the darkroom to commit these offences, but these three charges show that you were quite willing to abuse the situation.
73I note the following factors relevant to the gravity of each charge:
(i) Charge 1 involved you putting your hand on the victim's vagina, under her underpants. You tried to push your hand between her legs. Annabelle was 10 or 11 at the time.
(ii) Charge 2 occurred in very similar circumstances to Charge 1. You touched Shirley's vagina, under her underpants. Following the offending when challenged you accused her of lying about a petty matter. She was then 10 years old.
(iii) Charge 3: you twice invited Christa Norman to the darkroom with you, and on the second occasion you touched her upper inner thighs in a sexual manner. She was nine or 10 at the time.
(iv) Charges 4 and 5 occurred when the victim Debra was in Grade 2 and then Grade 3. She was six or seven at the time of Charge 4, and seven or eight at the time of Charge 5. Charge 4 occurred in an empty classroom. You were quite determined in your efforts to touch her vagina, having to force your hand inside her tights to do so. Charge 5 was brazen. You stood behind the group of students and forced Debra's hand to touch your penis, skin on skin.
(v) Charge 6 occurred when Barbara was in Grade 4 and seven or eight years old. You seized the opportunity of teaching swimming to touch her on the vagina, over her swimmers. The next year you were her classroom teacher. She turned nine that year. In another extraordinarily brazen act you touched her vagina, under her clothes, whilst she was seated next to another student, during class, giving rise to Charge 7. The additional humiliation of being abused in the presence of others, and the utter powerlessness she must have felt, add to the gravity of this charge as it does to the charge involving Debra in Charge 5.
(vi) Charges 8 and 9 occurred not only after the police interview of you in 1978, but also after Barbara Long had tried to complain about your behaviour and had been accused by you of lying. Debra Pittard and the victim of these two charges were both in the mezzanine. You told Debra to go away, and then you touched Hazel's vagina, under her clothing. Charge 9 was a separate event, where you touched her vagina over her underwear.
74I have already set out the victim impact statements. It is clear that your offending has had a profound impact on the victims.
Matters Raised on the Plea
Pleas of Guilty & Remorse
75You indicated that you would plead guilty at the earliest opportunity, and are thus entitled to a real discount in your sentences. Your pleas have saved the victims giving evidence, and result in a significant saving of time and public money. Furthermore, I accept that having an offender acknowledge their wrongdoing, rather than continuing to deny it, is of some value to victims.
76As to remorse, you provided a short but clear letter to the Court, addressed to the five victims. You wrote:
I apologise for abusing your trust, robbing you of your innocence and calling you 'liar'.
I am glad to be part of this forum where you will be heard and believed. I hope that in some way this can help you heal from the damage I have done to you and your lives.
77You expressed similar feelings to Ms Mynard, who reports:[11]
He explained that in the past, he called some of the victims 'a liar' and they were disbelieved by authorities as a result. He stated that this must have 'shattered their confidence'. He became emotional when he spoke about the victim impact statements and realises that his behaviour impacted the victim's ability to trust others, and even form relationships in adulthood.
[11]Mynard [64].
78I accept that you now have an understanding of the impact of your offending and feel contrition for the harm you have caused.
Admissions Leading to Further Offending being discovered
79When you were interviewed in April 2024 the police asked you if you could recall any incidents at Tullamarine Primary School, which you said you could not, and then about your time at Wendouree West Primary School.[12] You said:[13]
I am keen to clear up all of this in one bite, and hopefully be available to help my darling wife, and I am being honest. I hope that this counts for something. I offended there as well … I'd rather not go into detail, but what is the next step?
…
I - I really don't want to go into detail except that it was an offending to the same extent as been admitted to in Redan, and I only have specific recollection of one - one girl that I was involved with there is my specific recollection.
[12]Depositions 430.
[13]Question and Answers 241, 241 at Depositions 430-431.
80You described touching a girl who you thought was Debra Pittard at a swimming pool, and 'organising to spend time with her' and another girl where the sports gear was stored. You had no specific memory of touching other girls at the school. I note that Charge 6 involves touching Barbara Long at the swimming pool, rather than Debra.
81It was submitted on your behalf that your admissions about Debra led to the further investigation, which in turn led to the other victims being identified from Wendouree West.
82I accept that your nomination of Debra as a victim at that primary school provided a starting point for the investigation into your activities at that school. It appears from the statements Hazel Anderson and Barbara Long that when they learned of the police investigation into the offending against Debra this encouraged them to make their own complaints to the police.[14]
[14]Depositions 499, 505-506.
83Given the extent of your memory, in both interviews, it cannot be said that your admissions are the sole or main basis of the charges for which I will sentence you. I do accept, however, that your sentences on the Wendouree West charges should be further mitigated, to a moderate degree, by reason of your nomination of Debra as another victim, thus providing a new line of enquiry for the investigators.
Delay and Prospects of Rehabilitation
84It is now 45 years since these offences. Following these crimes you went on to indecently assault six other girls, but you have not committed any other offences since 1988.
85Following the 1993 sentence you took part in a 20 week 'Personal Development and Social Skills Training' course with a psychologist, whilst you were serving your sentence. Ms Mynard reports that the 20-week course involved intensive psychological treatment, five days a week. This was the first form of professional counselling you did. It helped you understand the profound impact of your offending on the victims and had a significant impact on your insight and awareness.[15]
[15]Certificate, and Mynard [66]-[69].
86Ms Mynard assessed you as presenting a high risk of further sexual offending, linked to your longstanding paedophilic disorder, if you were to have unsupervised access to children, or if not subject to monitoring and ongoing treatment. On the other hand, you have not committed any further sexual offence or any offence since 1988.
87The lack of further offences, despite your continuing paraphilia, is a good indicator that it is unlikely you will commit further offences in the future.
Age and Health
88You are now 80 years old. You have high blood pressure and high cholesterol, for which you are prescribed medication. You report dizzy spells.
89I have no evidence that those conditions cannot be managed appropriately in custody but continuing treatment for your health will be subject to the prison health system, rather than doctors of your choice. I accept that adjusting to prison will be difficult for you and that the process of so doing will likely take some time.
90Given your age the sentence you will receive will be a significant part of the rest of your life.
Comparable Cases and Current Sentencing Practice
91Defence counsel provided a very helpful collection of case summaries for comparable offending. There are some differences in the type of offending captured by this offence provision, over time, but the cases provide a useful comparator of sentences imposed for relevantly similar offences committed at a sufficiently proximate time.
92I must have regard not only to current sentencing practice, that is sentences imposed more recently, but also the types of sentences imposed at the time of the offending itself. The sentences imposed on you in 1983 and 1993 provide some guidance as to sentencing practice closer to the offending. The very lenient sentence imposed in 1983 suggest that you were then given the benefit of being a first-time offender. The later sentences, in 1993, perhaps reflect not only your prior convictions at that time, but a greater understanding of the gravity of such conduct.
93Also of much assistance is the summary in Bernard (a pseudonym) v The King[16] of 14 earlier cases.
[16]Bernard (a pseudonym) v The King [2004] VSCA 293, [94]-[99].
Sentencing Purposes
94This case demonstrates how very serious sexual offending against children is. You repeatedly acted on your paedophilic desires, abusing your position of power and trust. You justified your actions to yourself at the time, and when challenged you called the girls liars. You persisted in offending even after the police interview in 1978, and after Barbara Long's allegations were before the school principal in 1980. The victim impact statements describe the profound life-long impact of your offending.
95The courts must give expression to the community's abhorrence of such offending, and make it clear that people who have committed such crimes will receive real punishment, even after many many years.
Totality
96The principle of totality requires that having arrived at individual sentences and orders for accumulation, I take a last look to ensure that the combined sentence is appropriate and reflects the totality of the offending.
97As you are to be sentenced as a serious sexual offender on each charge, having previously been sentenced to terms of imprisonment for five sexual offences, there is a presumption of cumulation of these sentences. This presumption impacts the principle of totality but does not lead to the conclusion that all sentences will be wholly cumulative. The orders for cumulation I will make are moderated to give effect to the principle of totality.
98I note that whilst your counsel accepted that a term of imprisonment was appropriate, she submitted that the total term would be one which would permit a suspended sentence to be imposed. Given when these offences were committed a suspended sentence can be imposed if the total sentence is three years or less. Because of the sentences and orders for cumulation I have arrived at exceed that number - that is three years - I must impose a non-parole period.
99I take into account the maximum sentence, which is 5 years’ imprisonment in respect of each charge. I impose the following terms of imprisonment:
100Charge 1, where the victim was Annabelle Jamison, 15 months' imprisonment.
101Charge 2, where the victim was Shirley Logan, 18 months' imprisonment.
102Charge 3, where the victim was Christa Norman, nine months' imprisonment.
103Charge 4, the first involving Debra Pittard, 12 months' imprisonment.
104Charge 5, the second charge involving Debra Pittard, 12 months' imprisonment.
105Charge 6, involving Barbara Long, nine months' imprisonment.
106Charge 7, the second charge involving Barbara Long, two years' imprisonment.
107Charge 8, which involved Hazel Anderson, 12 months' imprisonment.
108Charge 9, the second charge involving Hazel Anderson, nine months' imprisonment.
109The sentence on Charge 7, which was two years' imprisonment, is the base. I direct the following cumulation: four months of the sentence on Charge 1, four months of the sentence on Charge 2, two months of the sentence on Charge 3, three months of the sentence on Charge 4, three months of the sentence on Charge 5, two months of the sentence on Charge 6, three months of the sentence on Charge 8, and two months of the sentence on Charge 9 to be served cumulatively upon each other and on the sentence on Charge 7.
110This leads to a total effective sentence of three years and 11 months' imprisonment. I set a non-parole period of two years and six months.
111I note that you have been sentenced as a serious sexual offender on all of the charges.
112Pursuant to s34 of the Sex Offenders Registration Act the period for which you must report under that Act is for the rest of your life.
113Pursuant to s6AAA of the Sentencing Act 1991, I state that if you had not pleaded guilty I would have sentenced you to five years and six months’ imprisonment, with a non-parole period of four years.
114I declare that you have already served seven days of pre-sentence detention and I direct that that declaration be entered into the records of the court.
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