Director of Public Prosecutions v Ryburn (a pseudonym)

[2025] VCC 1047

IN THE COUNTY COURT OF VICTORIA

AT BENDIGO

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

PHILIP RYBURN (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Bendigo
DATE OF HEARING:	21 July 2025
DATE OF SENTENCE:	31 July 2025
CASE MAY BE CITED AS:	DPP v Ryburn (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 1047

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Guilty by jury verdict – Plea of guilty on one charge - Rape – Common assault – Threat to commit sexual offence – Causing injury recklessly –  – Verdins – Delay – Limited insight – Good prospects of rehabilitation – Totality – Serious offender.

Legislation Cited:      Crimes Act 1958 ss 18, 38(1), 43; Sentencing Act 1991 ss 5(2), 6AAA, 6D, 6E, 6F,18.

Cases Cited:Cheung v The Queen (2001) 209 CLR 1; Skeates v The King [2023] VSCA 226.

Sentence:                  Imprisonment for a period of 11 years and 6 months with a non parole period of 7 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr D Cordy	Office of Public Prosecutions
For the Accused	Mr L Richter	Docherty Legal

HIS HONOUR:

1Philip Ryburn,[1] you have been found guilty by jury of:

(a) eight charges of rape contrary to s 38(1) of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 25 years imprisonment (Charges 1, 2, 6, 7, 11, 12, 13 and 14);

(b)   four charges of common assault contrary to Common Law which carries a maximum penalty of 5 years imprisonment (Charges 3, 5, 9 and 16);

(c) one charge of threat to commit a sexual offence contrary to s 43 of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charge 8); and

(d) one charge of causing injury recklessly contrary to s 18 of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charge 15).

[1] A pseudonym.

2You have also pleaded guilty to one charge of threat to commit a sexual offence contrary to s 43 of the Crimes Act (Charge 10). 

3You have admitted your Criminal Record.

Circumstances of offending

4As you have been found guilty following a trial, I am required to sentence you in a way that is consistent with the verdict of the jury.[2] The circumstances of the offending may be summarised as follows:

[2] Cheung v The Queen (2001) 209 CLR 1, [14], [162].

5The offending relates to multiple acts of rapes and assaults committed by you against your wife during your marriage while you resided together in Bendigo, Victoria between 2011 and 2018.

6You were in a relationship with the victim between 2005 and 2018.

7During the offending period you were aged between 29 and 36. The victim, Rebecca Stoller[3] was aged between 34 and 41 during the offending period.

[3] A pseudonym.

8You and the victim met in 2004 and had your first child together in 2008. You married in 2011. Together you had two more children; in 2012 and 2014.

9The relationship deteriorated during the course of the marriage and was characterised by you often demanding sex from the victim in circumstances where the victim was not consenting. These demands for sex would be accompanied by abusive and violent behaviour.

10The prosecution case at trial was that you exercised power and control over the victim, effectively treating her as your possession. Further, the prosecution case was that you believed you had the right or entitlement to demand sex from the victim and that you had the right or entitlement to verbally and physically abuse and assault her in order to achieve your aims.

11The victim was unable to particularise every act of sexual and/or physical violence against her during the relationship, however, was able to particularise the events giving rise to the charge you plead guilty to and the charges the jury found you guilty of. 

Charge 1 – Rape

12Between 13 December 2011 and 31 December 2011, you had been on a trip away to Swan Hill and returned to the family home.

13The victim was home but was unwell with gastroenteritis and heavily pregnant with your second child, so she went to bed.

14You got into bed with the victim and demanded sex. The victim repeatedly refused.

15You grabbed both of the victim’s wrists with one hand, held them together and used your other hand to push down on her chest.

16You then penetrated the victim’s vagina with your penis and you ejaculated inside her.

17You were aware that the victim did not want sex and was not consenting and you restrained her for the whole time that you were penetrating her.

Charge 2 – Rape

18In February 2012, the victim returned home from hospital after giving birth to your second child. The victim had stitches inside and outside her vagina due to the recent birth.

19The victim was in bed feeding the baby when you climbed into bed and suggested to have sex. The victim, in disbelief, rejected your request and got out of bed and placed the baby in the bassinet situated in the bedroom.

20The victim returned to bed to go to sleep, however you got in bed beside her and again demanded sex.

21You then leant over and took the victim’s underwear down with one hand whilst you restrained her by pushing her throat.

22You penetrated the victim’s vagina with your penis.

Charge 3 – Common Assault

23On 17 March 2013, the victim attempted to speak with you at home about your mental health problems and asked you if you were taking medication.

24You became enraged and threw a loaf of bread at the victim’s head. The bread bag tag cut the victim’s ear.

Charge 5 – Common Assault

25In May 2013, the victim was pregnant with your third child and you had been pressuring her to terminate the pregnancy.

26On 12 May 2013 (Mother’s Day), the victim attempted to speak with you at your home in Bendigo trying to convince you to keep the baby.

27You flew into a rage and ‘hip and shouldered’ the victim into a doorframe.

28The incident caused the victim ongoing pain and discomfort in her shoulder, back and collarbone.

29On 20 May 2013, the victim underwent a termination procedure at your insistence. About nine weeks after the termination, the victim was admitted to hospital to undergo a further procedure required as a result of the termination. Once the victim returned home, she needed to lie down however you became verbally abusive towards her and ultimately pulled the blankets off her and hit her with them a number of times.

30On 7 February 2014, you and the victim travelled to New South Wales for a wedding. After the wedding, at a hotel, you demanded sex and the victim refused.

31You abused the victim and shoved her out of the bed with your feet. You then proceeded to hit the victim multiple times with the doona whilst continuing to abuse her.

32In July 2015, you were angry with the victim because she asked you to assist her with cleaning the bathroom.

33You reacted by shaking the cot whilst your infant son was sleeping in it, causing the cot to rock on two legs side to side.

34The victim ran over to the cot and pushed you away and removed your son who was screaming and crying.

Charge 6 - Rape

35On 12 and 13 February 2017, you were asleep in bed with the victim.

36You had consumed alcohol prior to going to bed and you were drunk.

37You woke and demanded sex with the victim, and she refused. The victim got out of bed, took a shower, then went to the couch to sleep to avoid your continuing harassment for sex.

38You followed the victim into the living room, pushed her down on the couch and pulled her pyjama pants down. The victim kicked and pushed you, telling you to get off her.

39You held the victim’s arms down and penetrated her vagina with your penis. You ejaculated inside her vagina and then got off her and went and stood in the kitchen.

40The victim got up, went out into the garage and slept in her car with the doors locked.

41On 13 February 2017, the victim sent a message to you telling you not to come back because of what you had done.

Charge 7 - Rape

42On 21 September 2017, you came home drunk and demanded sex.

43The victim was in bed and told you ‘no’. You pulled down her pants, held her arms and penetrated her vagina with your penis until you ejaculated. The victim was continually yelling at you to get off her whilst you were penetrating her.

44You got off the victim once you had ejaculated and went over to your side of the bed.

45The victim got up and went in the shower. She stayed there, fearful of you, until she thought you had gone to sleep. She crept back to bed only to wake you. You pushed her out of the bed using your feet.

46The victim went and slept in her car.

Charge 8 – Threat to commit a sexual offence

47On 29 September 2017 the victim was feeling unwell and went to bed early.

48You got into bed and demanded sex to which the victim refused and told you to go to sleep.

49You threatened the victim by saying ‘you can go to sleep but not until I stick my dick in your arse’ and ‘if you want to sleep, I’m going to put it in your arse then you can’.

50The victim got out of bed and moved to the couch to sleep. You followed her and continued to demand sex.

51The victim went to the garage and locked herself in her car to get some sleep.

Charge 9 – Common assault

52On 12 October 2017, the victim was at home in bed. At this point you were sleeping in the loungeroom and would only go into the bedroom if you wanted sex. You entered the bedroom and demanded sex. This continued for about 20-30 minutes. You pushed the victim out of bed saying, ‘get the fuck out, you can’t sleep in this bed unless you do what I want’. The victim later recorded the conversation between herself and you concerning this incident.

Charge 10 – Threat to commit a sexual offence

53Between 14 and 15 October 2018 the victim was in bed when you entered the bedroom and asked her for sex to which she said ‘no’.

54You became angry and told the victim to get out of the bed to which she refused. You then threatened the victim by saying, ‘get your pants off and have sex or get out’ and ‘I’m about to rip your fucking pants off and stick my dick up your arse – get out’.

55You grabbed the victim’s pyjama pants and attempted to pull them down whilst making threats.

56The victim resisted you by holding onto her pyjama pants with one hand and using her other hand and legs to push you back. You shoved her back and she landed on the bedroom floor.

57The victim got up and went into the loungeroom to sleep on the couch, you followed her continuing to argue.

58The victim recorded this incident.

Charges 11 and 12 – Rape

59Between 17 and 18 March 2018, the victim was in the shower when you entered the bathroom and got into the shower without her consent.

60The victim asked you to get out to which you refused.

61You cornered the victim in the shower and penetrated her vagina with your finger whilst she yelled at you to ‘stop’ and ‘get out’.

62You then lifted the victim’s leg and penetrated her vagina with your penis whilst she continued to yell and push you away.

63The victim slipped and fell to the floor of the shower which caused you to fall backwards out of the shower through the door.

64You called the victim a ‘useless fucking cunt’ and left the bathroom.

Charge 13 – Rape

65On 24 April 2018 you got into bed with the victim and said to her ‘we need to have sex’. The victim replied, ‘no we don’t’.

66You then attempted to pull down the victim’s pyjama pants and underwear whilst the victim was hanging on to them, trying to pull them back up.

67You penetrated the victim’s vagina with your finger whilst she continued to push and kick you to get you away.

68The victim broke free, got up and went and locked herself in the car to go to sleep.

Charge 14 – Rape

69In the early hours of the morning on 11 August 2018, the victim was asleep in her bed wearing a nightie and no underwear.

70You entered the bedroom, pulled the victim’s legs apart and thrust your face into her vagina.

71You then penetrated the victim’s vagina with your finger whilst she tried to push you back with her leg.

72The victim got out of bed and went out into the lounge room and onto the couch, you followed the victim demanding that she let you give her oral sex.

73Eventually after you went away, the victim went and locked herself in the car to sleep.

Charges 15 and 16 – Recklessly causing injury and common assault

74During the evening of 26 August 2018, the victim was asleep on the couch when you woke her by moving in close to her, yelling and pointing your finger at her. The victim covered her face with her hands to avoid the confrontation.

75You grabbed the victim’s hands and pushed them back hard into her face causing her pain, a black eye and a cut lip (Charge 15).

76You then pushed the victim’s head into a pillow whilst holding her wrists where she struggled to breathe (Charge 16).

77The victim resisted by kicking and scratching at you, causing you to release your pressure, which gave the victim an opportunity to run out into the garage and stay away.

Complaint to police

78The victim initially went to police in September 2019 and provided some, but not all details of your offending.

79On 3 June 2020, the victim again contacted police indicating that she wanted to proceed with criminal charges in respect of specific allegations raised in 2019.

80The victim subsequently gave police a detailed account of your behaviour towards her, that was compiled between 16 September and 10 November 2022.

81You were interviewed at Bendigo Police Station on 14 July 2023 and denied allegations of sexual offending and assaults but stated the following:

(a)   that there were verbal arguments;

(b)   that there was one particular argument over a phone where you threw it against a wall but not at the victim;

(c)   that you brushed past the victim but never ‘hip and shouldered’ her;

(d)   that you had more than one affair with your work colleagues;

(e)   that you had mental health and alcohol abuse problems;

(f)    that you ‘whinged and sooked’ if the victim did not want to have sex with you;

(g)   that you would rip the doona off her if she didn’t want to have sex with you; and

(h)   that if you had had a few beers, you would say things you shouldn’t have.

82You gave evidence at trial largely consistent with the answers you provided in your record of interview.

Nature and gravity of offending

83The charges for which you fall to be sentenced span a period of approximately seven years from 2011 to 2018. Of the eight rape charges, except for charges 11 and 12, each occurred on separate occasions throughout that period.

84The offences you committed occurred in the context of a deteriorating relationship which was characterised by you exercising power and control over the victim which included demands for sex in circumstances where it was plain that the victim did not wish to engage in sexual activity with you. You nonetheless exercised what you believed was your right or entitlement to sex with the victim resulting in the charges to which you have been found guilty.

85Mr Richter who appeared on your behalf at trial and plea, conceded that all of the rape charges, while varying in their relative gravity, are aggravated by the surrounding circumstances of your verbal abuse and demands for sex through the offending period. Further, having listened to some of the recordings made by the victim – which were played to the jury – in my view your verbal abuse of the victim was reprehensible and often frightening.

86While each of the rape charges remain serious, in my view Charge 2 may be considered to be the most serious.  It occurred in circumstances where the victim had recently returned to the home having given birth to your son. The victim had stitches inside and outside her vagina following the birth. While feeding the baby you demanded sex. In disbelief she rejected you, you pulled her underwear down, restrained her by pushing against her throat and then proceeded to penetrate her vagina with your penis. Mr Cordy who appeared on behalf of the Director of Public Prosecutions, also submitted that Charge 2 may be considered the most serious of the rape charges however, submitted that Charge 1 is also a serious example of the offence. That offence occurred a couple of months before Charge 2, when the victim was heavily pregnant and feeling unwell. Again, you demanded sex from the victim to which she refused. You held her wrists together with one hand while you pushed down on her chest with the other. You then penetrated the victim’s vagina with your penis.

87Charges 6 and 7 are also examples where you restrained the victim by holding her arms before penetrating her vagina with your penis in circumstances where she had refused your demands for sex and was physically resisting you.

88While the assault charges may not be the most serious examples of their type, they each occurred in the context of verbal abuse and controlling behaviour by you.  In my view the most serious of the assault charges relate to the incident on 26 August 2018 where the victim sustained a black eye and cut lip (Charge 15) and on the same occasion you pushed her face into the pillow making it difficult for her to breath (Charge 16).

89You were charged with two charges of threat to commit a sexual offence – Charges 8 and 10. Before the jury panel you pleaded guilty to Charge 10 and you were found guilty by the jury of Charge 8. Both charges contained a similar threat however in my view Charge 10 is the more serious of the two as it also involved a degree of physical abuse. You made the sexual threat while attempting to pull the victims pyjama pants down struggling with her until she fell from the bed to the floor.

Victim Impact

90The victim prepared a victim impact statement which was read by the prosecutor at the plea. Her statement eloquently describes the emotional and financial toll your offending has had on her and that your conduct has left her emotionally scarred. She states she cannot feel at ease or safe in her new relationship, that she is stuck in a constant state of fear and worry and describes how she feels like she has no mental capacity to plan, learn new things or have fun.

91The victim speaks of the sadness and guilt she experiences as her children have not been raised in a loving and respectful home. She states she is a shell of the person she used to be and that her career has not progressed due to the dysfunctional nature of the relationship she had with you. The victim remains hopeful for her future and looks forward to the day she can say she has moved forward from this offending.

Personal circumstances

92You were born and raised in a small town near Swan Hill.

93You report that your family was stable, traditional and strict. Your parents reside in Swan Hill and have supported you throughout the criminal process, attending the trial on a number of occasions. You have a younger brother and older half-sister on your mother’s side with whom you remain close.

94You attended local primary schools and high school in Swan Hill, completing year 12. You report you never experienced learning difficulties or behavioural issues at school, and you were actively involved in the school’s football and cricket teams.

95Following secondary school, you were employed at the school as a sports administrator, through an AFL scholarship for 12 months. You then worked as an employment consultant with young persons for a period of five years. After relocating to Bendigo, you worked in numerous government agencies. Whilst you have had some small periods of unemployment you have maintained consistent employment since you were 18, including in management positions.

96You met the victim in this matter in 2004, and you married in 2011. You have three children together. Together, you relocated to Bendigo to allow the victim to pursue her studies. At trial, the evidence was that your relationship was somewhat turbulent or toxic and the marriage ultimately ended in 2019. You report that throughout your relationship with the victim, you had a history of poor mood regulation, impulsivity and verbal abuse towards the victim. Up until your recent remand, you report that you would spend regular time with your three sons who live with their mother full time. More recently, you have been living with a new partner for approximately three years. You report that she remains supportive of you.

97You first experienced a decline in your mental health when you did not receive a promotion you had worked hard for. You obtained a Mental Health Care Plan and briefly attended a psychologist. Additionally, in one job you were required to work in Swan Hill which adversely impacted your marriage. You state that your mental health symptoms have often been exacerbated following stressful periods at work. You report that you experienced some fleeting suicidal thoughts in 2012 and again since being remanded in custody.

98You have engaged intermittently in alcohol counselling, in 2020 and with Bendigo Community Health Service in 2016. You have been prescribed medication to suppress your alcohol cravings, although report never having taken it. You state that prior to your remand, your current social drinking habits would include at least 10-12 stubbies of beer on a weekend. You do not have a history of drug use.

99You suffer from recurring diverticulitis which leaves you vulnerable to bowel perforations and severe infections. You have been hospitalised four times in the past six months, including one hospitalisation since you were remanded. The unpredictable nature of the illness exposes you to significant pain and stress.

100A report of Jeffrey Cummins, psychologist, dated 16 July 2025 was tendered on the plea. Mr Cummins opines that you have limited insight into both your historical and current psychological functioning, being intermittent periods of depression, largely triggered by work related stress and the conflict in your marriage. You have had limited engagement with psychological supports and have often self-medicated your symptoms with alcohol. You acknowledge that you will be required to undertake offence specific and mental health treatment whilst incarcerated which Mr Cummins asserts will increase your overall insight into your psychological functioning.

101Mr Cummins opines that alcohol dependency played a significant role in this offending. In particular, he notes that your display of disinhibited behaviour and reliance on frequent sexual contact with your wife was a way of self-soothing and attempting to moderate your symptoms of depression. Mr Cummins assessed you as having a moderate risk of reoffending using the HCR-20 which addresses 20 risk factors for offences of violence. Mr Cummins’ noted that should your alcohol consumption diminish, this rating would reduce.        

102Fifteen character references were tendered on the plea. While I will not refer to each reference individually, it is clear that you continue to enjoy the support of your family and friends. You are described as a devoted and loving father, dedicated community member and sporting enthusiast.

103It is evident from these references that you are dedicated to your three boys. Further, you are respected by your teammates and have fostered genuine relationships with others throughout your community projects. You are known to go above and beyond for others, making a positive impact in the community.

104Since your remand you have been held in both isolation and regular units in custody. You have been prescribed the antidepressant Sertraline to manage your symptoms of depression. You are motivated to undertake the relevant treatment and courses to prioritise your rehabilitation and have stated a desire to remain healthy and start a gym program whilst in custody.  

Sentencing Considerations

Matters in mitigation

105I first take into account the fact that you pleaded guilty to Charge 10. While you are able to be given some discount for your plea of guilty, the plea was very late and, as the victim had audio recorded the incident where your words and conduct can be clearly heard, in my view the evidence in relation to Charge 10 was very strong.

106While you concede that throughout the relevant period you behaved reprehensively to the victim by being verbally abusive, in relation to the rape charges your defence at trial was that they simply did not occur, and you continue to maintain your innocence.

107I take into account your mental health concerns. On the evidence it appears that you were heavily dependent on alcohol throughout the offending period while also struggling to cope with work pressures and the breakdown of the relationship. However, it was conceded, correctly in my view, that your moral culpability or the need for deterrence are unable to be moderated as a result. Nonetheless you have suffered from depression while in custody for which you are medicated and I accept this will result in prison being more burdensome for you, thereby enlivening Verdins principle 5 to a degree. I also take into account your physical condition of recurring diverticulitis which has already required you to be hospitalised since you were remanded. While you will be able to receive adequate health care in custody, I accept that you may be subject to delays while waiting for appropriate treatment when you suffer a flare-up as part of this condition.

108Mr Richter submitted that delay should be taken into account. While the victim initially complained to the police in 2019, she did not at that stage wish to proceed with criminal charges. The victim again contacted police in 2020 and ultimately provided a detailed account towards the end of 2022. You were interviewed in July 2023. The trial was not heard until May 2025. As such the burden of the trial has been hanging over you for some time. This delay is not attributable to you. I take this delay into account and also the other aspect of delay, which is that while awaiting trial, you have been in a settled relationship for approximately three years with no evidence of offending of this nature.

109Turning to your prospects of rehabilitation. You come before the court with a limited criminal history dating back to 2007, with no history of sexual offending or violent offending of this nature. You have a supportive family and partner and you have led a productive working life. Further, it is clear from the numerous references that were tendered, you are otherwise well respected and supported in the community. That said, Mr Cummins is of the view that your level of insight in relation to your psychological functioning is relatively limited and currently he assesses your risk of committing a further offence of violence as ‘moderate’. Balancing those matters, in my view if you accept the offending behaviour treatment programs that will be offered to you, your prospects of rehabilitation are reasonably good.

Other relevant sentencing principles

110In addition to the matters that I am required to take into account under s 5(2) of the Sentencing Act 1991 (‘Sentencing Act’), I must also take into account that Charges 11, 12, 13 and 14 are standard sentence offences. The standard sentence for rape, is 10 years imprisonment.

111Having identified and considered the relevant factors in assessing the appropriate sentence as part of the instinctive synthesis, including the maximum penalty, the standard sentence and the gravity of your offending, in this instance I have formed the view that the sentences I will impose on Charges 11, 12, 13 and 14 fall below the prescribed standard sentence.

112Pursuant to s 6F of the Sentencing Act, you fall to be sentenced as a serious offender on Charges 6, 7, 8, 10, 11, 12, 13 and 14. As such, any sentence of imprisonment imposed on those charges attracts a presumption of cumulation pursuant s 6E, requiring the court to consider protection of the community as the principal sentencing purpose, pursuant to s 6D. However, the prosecution does not seek a disproportionate sentence to achieve these ends, and the overarching principle of totality therefore continues to apply.

113General deterrence and denunciation of your conduct are prominent sentencing considerations. While the rape charges are inherently very serious, they must also be viewed in the context of a relationship that was punctuated by ongoing family violence where you were verbally and physically violent toward the victim over the offending period. You spoke to the victim as if you were entitled to degrade and control her, and in that context, you also physically and sexually assaulted her. Such conduct must be deterred and denounced in the strongest of terms.

114As the Court of Appeal stated in Skeates v The King:[4]

The Court has ‘made it clear that acts of violence in a domestic setting, and in particular by men towards women, are utterly abhorrent and unacceptable.’ The strength of the language used in these statements is not accidental. Family violence is contemptible. It warrants both condemnation and appropriate punishment.

…[t]he seriousness of family violence and the harm it inflicts is not to be simply equated with physical injury. Family violence is now understood — and defined in law — to encompass behaviour that is physically, sexually, emotionally, psychologically and economically abusive or threatening or coercive, even if such behaviour does not constitute a criminal offence. That kind of behaviour produces situations where people, disproportionately women, live in ‘real and justified fear of men who are, or were, their intimate partners.’ It produces a domestic atmosphere steeped in dread. It robs victims of capacity and agency and also engenders shame.

It follows that in assessing the totality of the circumstances that pertain to any offence committed in the context of family violence, the surrounding behaviours of the offender must be considered to assess the true gravity of the offending and for ‘the sentence to vindicate the dignity of [the] victim’.

[4] [2023] VSCA 226, [59], [61]-[62] (Emerton P, Niall and Taylor JJA) (footnotes omitted).

115In my view the observations of the Court in Skeates are particularly apt to the circumstances presented in this case, and I respectfully adopt the Court’s comments.

Sentence

116Mr Ryburn would you please stand.

117Philip Ryburn on Charge 2, rape, you are convicted and sentenced to 8 years imprisonment. On Charges 1, 6 and 7, rape, you are convicted and sentenced to 7 years imprisonment on each charge. On Charges 11, 12, 13 and 14, rape, you are convicted and sentenced to 6 years imprisonment on each charge. On Charge 8 threat to commit a sexual offence, you are convicted and sentenced to 12 months imprisonment. On charge 10, threat to commit a sexual offence you are convicted and sentenced to 9 months imprisonment. On Charge 15, recklessly causing injury, you are convicted and sentence to 12 months imprisonment. On Charge 16 common assault, you are convicted and sentenced to 6 months imprisonment.  On Charges 3, 5 and 9, common assault, you are convicted and sentenced to 2 months imprisonment on each charge. Charge 2 is the base sentence.

118I direct that 6 months of the sentence imposed on Charge 1, 6, 7, 11, 13 and 14, and 3 months of the sentence imposed on Charge 10 and 15, be served cumulatively on each other and on Charge 2 making for a total effective sentence of 11 years and 6 months. I further direct that you serve 7 years before becoming eligible for parole.

119Pursuant to s 18 of the Sentencing Act, I declare that 58 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

120In relation to Charge 10, pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to 16 months imprisonment.