Director of Public Prosecutions v Schofield (a pseudonym)
[2025] VCC 211
•6 March 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LOGAN SCHOFIELD (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 February 2025 | |
DATE OF SENTENCE: | 6 March 2025 | |
CASE MAY BE CITED AS: | DPP v Schofield (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 211 | |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords: Sexual assault of a child under the age of 16 – Standard sentence of four years – Victim 10 years old – Failing to comply with reporting obligations – Contact with the victim not reported – Offending contravenes a Community Correction Order imposed in respect of sexual offending – Generally positive compliance with the Community Correction Order – Offender 20 years of age at the time of the offending – Early plea of guilty – Youth – Burden of custody and potential deportation.
Legislation Cited: Crimes Act 1958; Sex Offenders Registration Act 2004; Sentencing Act 1991.
Cases Cited:DPPvSchofield (a pseudonym) [2022] VCC 1267; R v Verdins (2007) 16 VR 269; R v Mills [1998] 4 VR 235; Azzopardi v The Queen (2011) 35 VR 43; Guden v The Queen (2010) 28 VR 288.
Sentence: Total effective sentence of 10 months and 14 days’ imprisonment in combination with a two-year Community Correction Order.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr S Davison | Office of Public Prosecutions |
| For the Accused | Mr D De Witt | McNally & Gleeson Lawyers |
HIS HONOUR:
Introduction
1Logan Schofield[1], you have pleaded guilty to two charges on Indictment number P11536208.1.[2]
[1]A pseudonym.
[2]A short form arraignment took place on 11 July 2024 and the arraignment was completed on 18 February 2025.
2Charge 1 is an offence of sexual assault of a child under the age of 16, contrary to section 49D(1) of the Crimes Act 1958. This offence carries a maximum penalty of 10 years’ imprisonment. Charge 2 is an offence of failing to comply with reporting obligations, contrary to s 46(1A) of the Sex Offenders Registration Act 2004. This offence carries a maximum penalty of 5 years’ imprisonment.
3Charge 1 is an offence to which the standard sentencing regime applies, and the standard sentence is 4 years’ imprisonment.
4The conduct giving rise to these two charges occurred on 29 June 2023.
5Approximately 11 months earlier, on 8 August 2022, I sentenced you to a two year Community Correction Order (‘CCO’) in respect of a rolled up charge of sexual penetration of a child under 16 years;[3] and a charge of producing child abuse material.[4]
[3]Contrary to s 49B(1) of the Crimes Act 1958.
[4]Contrary to s 51C(1) of the Crimes Act1958. There was also a charge of persistent contravention of a family violence intervention order and a summary charge of commit indictable offence on bail in respect of which financial penalties were imposed.
6My sentencing reasons in respect of this matter are set out in DPP v Schofield (a pseudonym) [2022] VCC 1267 (‘Schofield’). Those reasons should be read in conjunction with these.
7You accept that as a result of this new offending and some non-compliance, you have contravened the CCO.
8I find the contravention proven, and I will re-sentence you in respect of the original two charges.
Circumstances of the offending on Indictment P11536208.1
9The circumstances of your offending are set out in a prosecution document titled ‘Agreed Plea Summary’ dated 2 July 2024.[5]
[5]Exhibit A.
10At the time of the offending you were 20 years old. You lived with your mother and your twin sisters.
11Your victim, Greta,[6] was 10 years old and she lived with her mother.
[6]A pseudonym.
12Your mother and the victim’s mother were in an intimate relationship, although did not live together. They had been together for approximately two and a half years.
13On 29 June 2023 at approximately 3:30pm, Greta was dropped off at your house by her mother so that she could be looked after by your sisters. You were also at home. Your mother and Greta’s mother had left to run some errands.
14Greta and one of your sisters were in a bedroom watching a movie. Your sister was on the bed and Greta was on a mattress on the floor next to the bed. Your sister left the bedroom to prepare instant noodles in the kitchen, and Greta followed her.
15You were also in the kitchen. Greta asked you whether you would like to watch a movie with her. You went into the bedroom along with Greta and your sister. You lay down next to Greta on the mattress on the floor. Both of you were covered by a single blanket.
16You then placed your hand down the inside of Greta's jeans and underneath her underwear. You reached down to the pubic area and touched her above the labia (Charge 1 – sexual assault of a child under 16).[7]
[7]The touching was underneath her underwear.
17After approximately three seconds, Greta pulled your hand away and left the room.
18At around 6:30pm, Greta was collected by her mother and they returned home.
19On 1 July 2023, Greta was at home with her mother when she disclosed to her mother that you had touched her. Greta’s mother rang and informed your mother.
20On 2 July 2023, Greta, accompanied by her mother and your mother attended the Sunshine Police Station.
21Later that day, Greta’s mother engaged in a pretext telephone conversation with you. You did not make any admissions and stated that you could not discuss the incident at the time.
22As a result of the offending in respect of which you were sentenced to a CCO, you are registered pursuant to the Sex Offenders Registration Act 2004. You failed to notify Victoria Police of the contact you had with Greta on 29 June 2023 (Charge 2 - Fail to comply with reporting obligations).
23On 3 July 2023, Greta provided a VARE[8] statement during which she disclosed the offending.
[8] Visual and Audio Recorded Evidence (‘VARE’).
24You were arrested and interviewed on 18 July 2023. During the interview, you stated that you viewed Greta as your “stepsister” and were aware that she was 10 years old. You accepted that Greta had asked you to watch a movie. You lay on the mattress with her. You then went on to blame Greta for initiating the touching. You said that she was touching your left hand and placed it in her pants. Your hand was in her underpants for about five seconds. You then “freaked out”, had an anxiety attack, pulled out your hand and left.[9] You were scared to tell anyone what had happened. You said that at the time of the touching, you were thinking “this is really bad” and that it was wrong. In respect of not reporting the contact with Greta, you replied “I’m going to say that I report…the important stuff.”
[9]You maintained this version when assessed by Naomi Cameron – see Exhibit 3, [59]-[61].
25You were charged following the interview and remanded in custody where you have since remained. I was told by your counsel, Mr De Witt, that you have not made any application for bail.
Victim impact
26There is no victim impact statement from your young victim. However, the absolute prohibition on sexual activity with a child is founded on a presumption of harm. There is a legal presumption that premature sexual activity causes long term and serious physical and psychological harm to children.
27I have had regard to Greta’s mother’s victim impact statement.[10] It is clear that the mother of a much loved ten year old daughter is devastated and greatly affected by your appalling offending. She feels angry and is struggling with mental health issues. She struggles to sleep and has been unable to continue running her business.
[10]Exhibit E.
Personal circumstances
28Your personal circumstances are set out in paragraphs [31] – [40] in Schofield. Mr De Witt confirmed that the background set out in these earlier reasons is accurate.
29I adopt and repeat that background in these reasons.
30You were born in Auckland, New Zealand in May 2003. Your father is Mâori and is employed as a truckdriver. Your mother is works as a nurse and cleaner. You have twin sisters who are three years younger than you.[11]
[11]At the time of the earlier sentencing reasons, your sisters were engaged in vocational studies.
31In 2008, when you were five years of age, you moved to Perth along with your family. During this time, there was a high degree of conflict between your parents, which you found stressful and at times frightening. Your father was often away from the home at work, and your mother was the sole parent for much of the time. She resorted to physically disciplining you when you misbehaved. You found this extremely distressing and were embarrassed to attend school at times because of your bruises.
32You struggled both academically and socially at primary school. You were bullied and got into fights when you were teased. One such incident occurred in Grade 5 or 6 when your arm was broken.
33Your parents separated in 2017, when you were 13 years of age. You, along with your mother and sisters moved to Melbourne, where you attended a new school for Year 8 and part of Year 9. You left school not having completed Year 9. You had a few brief relationships, mostly during Year 8. However, your first sexual encounter and significant relationship was with the victim in the case for which you were placed on a CCO. In Melbourne, your mother re-partnered with a woman with whom you did not get along. Your mother notes that her then partner tried to alienate you from the rest of the family, and you would have felt unwanted in your own home. During this same time, your mother found cannabis in your room and argued with you about that. She told you that you could not stay in the family home if you brought drugs into it. You left your home and slept outside a McDonald’s for a week. Child Protection became involved, and you were sent to Perth to live with your father.
34You lived with your father from the ages of 13 to 16, between 2017 and 2019. During this time, you completed a Certificate II in bricklaying at TAFE and worked for two to three years as a labourer. You did not enjoy this work and eventually quit. You struggled to find other suitable employment. As your father was a fly-in-fly-out worker, he was away from home at work, eight out of every ten weeks. With limited parental support and supervision, and no employment or education studies to keep you busy, from the age of 15 you increasingly spent time with gangs and bikies. You fell into heavy drug use, including abusing methylamphetamine. You ended up living on the streets, in club houses, and squats. This exposed you to high levels of criminal activity and violence. You were threatened with knives, had a gun held to your head, attacked by a group, and stabbed at a train station. You were admitted to a Children’s Hospital in Perth for mental health issues, but ran away.
35In 2020, at the age of 16 you left Perth following an incident where you were stabbed. Upon your return to Melbourne, your mother arranged for you to stay in a youth refuge run by Melbourne City Mission for approximately six weeks. During this stay you were referred to Orygen Youth Health, where you received a provisional diagnosis of post-traumatic stress disorder (‘PTSD’) with borderline personality disorder (‘BPD’) traits. You subsequently moved back home, but only stayed there for a brief time due to conflict with your mother’s then partner, who ultimately obtained an intervention order against you. You then lived in Elwood by yourself, before returning home when your mother and her then partner separated in around November 2020.
36While in Melbourne in 2020, you obtained a traffic control licence, and began working as a traffic controller three days per week. You had been working in traffic control and construction prior to September 2021, when you were arrested in respect of the earlier offending. After your arrest, you continued working for a month until your employer performed a police check on you, and your employment was terminated.
37You then worked at a recycling job, but found that you fought with too many people there. You also felt unsafe due to the conditions. You were most recently employed on a full time basis as a forklift driver, working up to 12 hour shifts. You enjoyed this work and plan to return to it upon your eventual release from custody.
38Your mother re-partnered with your victim’s mother in 2021, with whom you were on good terms.
Gravity of the offending and sentencing purposes
39Sexual offending perpetrated against a young vulnerable child is without question serious. The victim was akin to being a family member. Upon your own admission you treated her as a stepsister. She should have felt comfortable in your home. She was only 10 years old and you were aware of that fact. There was a significant age disparity, with you being 10 years older.
40The offending has taken a toll on your victim’s mother, and it is likely to have a lasting impact on the victim.
41At the time of the offending you were subject to a CCO imposed in respect of other sexual offending. You were also subject to reporting obligations. Having been through the court process resulting in the CCO and mandatory reporting obligations, the consequences of sexually touching a young girl should have been clear to you.
42I accept that the offending was opportunistic, isolated and of short duration.[12]
[12]Clearly the matters set out in [48] of the defence written submissions are absent.
43In sentencing you, I must bear in mind that others who may be minded to offend in a similar manner against a young child are deterred. Bearing in mind you were on a CCO for similar offending, the sentence must seek to deter you from re-offending. You must be justly punished and your conduct denounced. I also bear in mind the protection of the community. Linked to that is the importance of your rehabilitation given your youth.
44You also failed to report your contact with the victim within 24 hours as you were required to do. The reporting requirements are strict obligations and are to be obeyed. It was made clear to you when I sentenced you in 2022, that breaching these requirements is a criminal offence.
Defence submissions
45In addition to his oral submissions, Mr De Witt, relied upon detailed written submissions dated 19 November 2024.[13] In support of his submissions, he relied upon the following material:
(i)Psychological report of Dr Alison Mynard dated 29 June 2022;[14]
(ii)Psychological report of Ms Naomi Cameron dated 12 October 2023;[15]
(iii)Supplementary psychological report of Ms Danielle Kocic dated 16 January 2021;[16] and
(iv)A letter of support from your mother dated 24 February 2025.[17]
[13]Exhibit 1.
[14] Exhibit 2.
[15] Exhibit 3.
[16] Exhibit 4.
[17]Exhibit 5.
46Mr De Witt relied upon the following matters in mitigation:
(i)Early plea of guilty;
(ii)Youth;
(iii)Burden of imprisonment;
(iv)Engagement of limbs 5 and 6 of Verdins;[18] and
(v)Potential deportation.
[18]R v Verdins (2007) 16 VR 269 (‘Verdins’).
Psychological Assessments
47I have already had regard to the findings of Alison Mynard when I sentenced you on 8 August 2022. I shall repeat some of those findings here:
(a) You are diagnosed with PTSD, BPD, generalised anxiety disorder, and persistent depressive disorder.
(b) You have very low ranges of cognitive functioning. You scored in borderline ranges of intellectual functioning. Ms Mynard’s assessment revealed a Full Scale IQ of 71, one point away from being classified as having an intellectual disability. Your ability to reason verbally with words and express thoughts as words is far below the average, in borderline impaired ranges. Your perceptual reasoning abilities were assessed to be within the very low ranges for your age. You demonstrated extremely low visual-based abstract thinking, problem solving, and logical reasoning. Your ability to organise and interpret information around you and give it meaning is very low. This includes mis-interpreting facial expressions, body language, and other non-verbal language. You have difficulty with consequential thinking. You demonstrated haphazard and ineffectual functioning as well as inefficient problem solving. You struggle to use the routine actions of sorting information, sequencing, arranging your perceptions, emotions, and thoughts to learn from your experiences. Your working memory abilities fell within low average ranges for your age. This means that you find it difficult to follow conversation threads, inhibit your actions and words, use simple expression and remember what is told to you. Your processing speed abilities fell within the very low range overall. This effects your ability to efficiently process information, the general speed of completing work, how quickly you can perceive relationships, and visual information.
(c) You were exposed to domestic violence as a child and were frightened of your own parents. You felt they failed in providing you with safety and security. Ms Mynard concluded that you appear to have developed a disorganised attachment style, resulting in anxiety in your attachment relationships, avoidance, and fluctuations between both.
(d) In your mid-adolescence, you began seeing a psychologist once a week for several years at Headspace.
(e) In your early to mid-teens, while in Perth, you were admitted to a psychiatric ward.
(f) Sometime, while in Melbourne, you were taken to the Werribee Mercy psychiatric ward where you were diagnosed with PTSD and BPD.
(g) You have been medicated with Lexapro for many years.
(h) You reported using cannabis from the age of 13 and drinking alcohol at the age of 12. You then abused MDMA, GHB, and drank alcohol regularly. At the age of 15, you began using methamphetamines which you continued to use up until 2020. You then stopped drinking entirely and began abusing ice.
(i) You reported psychotic symptoms since your early teens and suicidal ideation in the past.
(j) Your mental health would decline significantly if you were to be incarcerated given your vulnerability due to your mental health and cognitive deficits.
48I have also had regard to the more recent psychological assessment report from Ms Naomi Cameron. She states:
(a) You displayed poor insight into your offending conduct and cast blame on your victim. You admitted that you would benefit from engaging in offence-specific treatment.
(b) Ms Cameron confirmed the diagnoses made by Ms Mynard of PTSD, BPD, generalised anxiety disorder and persistent depressive disorder.
(c) You need to engage in an offence-specific program to challenge your cognitive distortions.
(d) In terms of the burden of imprisonment, Ms Cameron states:[19]
… a term of imprisonment would likely weigh significantly more heavily on Mr [Schofield] than a person without his complex psychiatric profile. He was experiencing severe levels of psychological [stress] at the time of the assessment. The volatile nature of the prison environment could lead to an exacerbation of his existing symptoms which may result in further decompensation or disproportionate responses due to lower thresholds to stress than an individual without his mental health conditions.
[His] cognitive and personality vulnerabilities and young age may increase his susceptibility to being victimised in terms of threats, intimidation, or stand over tactics, and could make him more likely to acquiesce to demands to avoid conflict with other inmates. He has already been placed into protection due to concerns for his safety.
[19]Exhibit 3, [118]-[119].
49I have also considered the contents of the addendum report prepared by Ms Kocic. A detailed risk assessment was conducted utilising the Actuarial Risk Assessment: Static – 99 and the Sexual Violence Risk-20 Version 2. Overall, Ms Kocic assesses your future risk of sexual offending as falling in the Moderate Risk category. She re-iterates the importance of specific sexual offending treatment. In considering your rehabilitation, Ms Kocic states that your prospects of rehabilitation would be severely impacted if you were returned to a country where you would have no support system.[20]
[20]Exhibit 4, [105]-[108].
50Ms Kocic also opines on the burden of imprisonment. She states:
…it is noted that further long-term imprisonment would likely weigh more heavily on Mr [Schofield] than a person without his mental health vulnerabilities. He is unlikely to receive specific treatment he requires in custody for his PTSD symptoms. It is also noted that the volatile nature of the prison environment could lead to an exacerbation of his PTSD symptoms which may result in further decompensation or disproportionate responses due to lower thresholds to stress than an individual without this condition.
51In light of the psychological material, I accept that limbs 5 and 6 of Verdins are engaged.
Plea of guilty
52You have pleaded guilty at the earliest opportunity. By doing so you have facilitated the course of justice and taken responsibility for your actions. You have saved the community the time and expense associated with a trial. More importantly, your young victim has been spared the ordeal of having to give evidence in court. A guilty plea at an early stage is an important mitigating factor and entitles you to a significant sentencing discount.
Youth
53You were only 20 years old at the time of the offending. You are now 21. Accordingly, despite the seriousness of the offending and your prior history, your youth remains important and requires a focus on your rehabilitation. I bear in mind the principles in Mills[21] and Azzopardi[22].
[21]R v Mills [1998] 4 VR 235 (‘Mills’).
[22]Azzopardi v The Queen (2011) 35 VR 43 (‘Azzopardi’).
54Having said that, I repeat that you committed this offending in circumstances where this court had convicted you of an offence of sexual penetration of a child under 16 and producing child abuse material. The gravity of sexual offending should have been clear to you. Any sexual offending is serious, but the courts quite rightly, particularly condemn offending that violates a young child. Therefore, while rehabilitation remains a pivotal consideration, the seriousness of your offending also requires general deterrence, specific deterrence, denunciation, just punishment and the protection of the community to be given due regard.
Progress on the CCO
55I have had regard to the CCO contravention report dated 21 November 2024.[23]
[23]Exhibit C.
56It is disappointing that you breached the law in this egregious manner. I say that because you were going along well on the CCO. Over a period of 11 months, with the exception of one non-attendance, you attended all 19 fortnightly supervision sessions. During these sessions you were co-operative and complied with all lawful directions. You developed some insight into your offending and were open to treatment.
57You also engaged in all six sessions with a Forensic Mental Health Clinician between 7 March 2023 and 5 June 2023. The clinician, Mr Deprada, noted that you engaged well and felt the treatment was beneficial.
58Through no fault of your own, you were on the waitlist for weekend community work. I dare say that you would have completed the hours had you not been remanded for this offending.[24]
[24]65 out of the 75 hours remained. You were credited with 10 hours in respect of treatment sessions.
59Due to extensive waitlists at Corrections Victoria Forensic Intervention Service, you were not able to be assessed in respect of your suitability for a sexual offending program until 23 May 2023. You were assessed as suitable for the New Directions program via the Adapted Interventions pathway due to your cognitive functioning falling in the borderline range. However, regrettably, you remained on the waitlist and were unable to take advantage of any treatment by the time you were arrested on 18 July 2023.
60Mr De Witt, relied on this fact, submitting that the full and meaningful therapeutic benefits of the CCO were not realised prior to your new offending.[25] The professional opinion of all three psychologists is that you require offence-specific treatment.
[25]See Exhibit 3, [112].
Time in custody
61You have spent a considerable period on remand. You have found the experience difficult and confronting.
62You have been on remand in a protection unit. This has meant restricted access to visits, the gym and library. You are housed in an area with a small caged outdoor yard as opposed to a large outdoor space for the mainstream prisoners. You describe experiencing instances of racism and have tried to isolate yourself and avoid confrontation. You have been threatened by an inmate due to the nature of your offending.
63Having said that, you have used your time in custody in a productive manner. You have been working full time as a food billet. You have undertaken a number of educational courses. Your mother and sisters have been visiting you on a regular basis. You have engaged with a medical nurse and re-commenced taking anti-depressants. I have taken into account your mother’s letter confirming her, your fathers and sisters continued support.
64Mr De Witt also relied upon the mitigatory effect of your potential deportation. Although you have lived in Australia since the age of five, you remain a New Zealand citizen. Your support network, namely your family, all reside in Australia. You have no meaningful family relationships in New Zealand. He submitted, and I accept, that potential deportation is relevant in mitigation in two ways:[26]
· The prospect of deportation is an additional punishment.[27]
· The anxiety about the prospect of deportation has made your time in custody more burdensome.
[26]Guden v The Queen (2010) 28 VR 288, 295 at [27].
[27]This is regardless of the length of imprisonment.
65I make it clear that I am required to sentence you taking into account all relevant circumstances and the sentencing objectives. While deportation is a relevant personal circumstance, I must not impose a sentence that I consider to be lenient merely to avoid your return to New Zealand.
Prosecution submissions
66I have had regard to the prosecution’s written and oral submissions.[28] Mr Davison highlighted the gravity of the offending subject of Charge 1 and emphasised the sentencing purposes. In light of all the plea material, he, quite sensibly, withdrew his original submission on sentence, accepting that a combination sentence was within range.
[28]Exhibit B and D.
Standard sentence
67The standard sentence of 4 years in respect of Charge 1 is one factor that I take into account. The sentence specified as the standard sentence is, ‘the sentence for an offence that, taking into account only the objective factors affecting the relative seriousness of that offence is in the middle of the range of seriousness’.[29]
[29] Sentencing Act 1991, s 5A(b).
68The standard sentencing regime does not interfere with the instinctive synthesis approach the court must carry out which involves distilling all relevant factors to arrive at the appropriate sentence.
69I must only have regard to sentences imposed in cases where the standard sentence regime applied. Current sentencing practices are not determinative; they are no more or less important than any of the other factors which the court is required to consider. Each case ultimately turns on its own particular facts and circumstances.
70The sentence that I impose will be lower than the standard sentence. In arriving at a lower sentence, I have considered the objective gravity of the offending and given effect to the mitigating factors which include your plea of guilty, youth, mental health issues, burden of imprisonment and your rehabilitation.
Sentencing
71Having carefully reviewed all the relevant circumstances and factors, I have determined that a term of imprisonment combined with a CCO will meet all the sentencing purposes. It will meet all the punitive aspects of sentencing as well as continuing to enhance your rehabilitative prospects.
Sentence on Indictment P11536208.1
72On Indictment P11536208.1, you are convicted and sentenced to 10 months’ imprisonment on Charge 1. In addition, on both Charge 1 and Charge 2, you are convicted and sentenced to a two year CCO.
Sentence in respect of the contravention of the CCO and the original offending
73In respect of the offence of contravening the original CCO imposed on 8 August 2022, you are convicted and sentenced to 14 days’ imprisonment. The 14 days’ will be served cumulatively upon the sentence of 10 months’ imprisonment.
74In respect of the original offending, a charge of sexual penetration with a child under 16 years, and producing child abuse material, you will be sentenced to a two year CCO.[30]
[30]The original order has expired.
75Both CCOs will run concurrently. Each CCO has the same mandatory conditions set out in paragraph [67] of Schofield. In addition, the CCOs will have the following special conditions:
· First, you will perform 140 hours of unpaid community work as directed.
· Second, you must undergo any mental health assessment and treatment as directed.
· Third, you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed.
· Fourth, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed.
· Fifth, you must engage in programs that address factors relating to your offending behaviour.
· Sixth, you will be subject to supervision as directed for the duration of the CCO.
76Pursuant to s 48CA(2) of the Sentencing Act 1991, I direct that any hours of treatment and rehabilitation successfully undertaken be counted as hours of unpaid community work.
77You must report to Community Correctional Services within two working days of your release from custody.
78This should be absolutely clear to you. If you were to breach the CCO in any way, either by committing another offence or by not complying with any of the mandatory or special conditions, then you could be charged with the offence of breaching the order.
79The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be re-sentenced for the offences for which you have been placed on the order. Re-sentencing could mean being sent back to prison.
80HIS HONOUR: Do you understand, Mr Schofield?
81OFFENDER: Yes, I do.
82HIS HONOUR: Do you also understand all the conditions of the proposed CCO?
83OFFENDER: Yes, I do.
84HIS HONOUR: Do you consent to being placed on a CCO in the terms I have outlined and to abide by all of its conditions?
85OFFENDER: Yes, I do.
Pre-sentence Detention
86Pursuant to s 18 of the Sentencing Act, the period of 597 days of pre-sentence detention, not including today’s date, is hereby declared as having already been served in respect of this sentence.
Section 6AAA declaration
87Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted of the two charges on Indictment number P11536208.1, I would have sentenced you to a term of 2 years and 6 months’ imprisonment with a non-parole period of 18 months.
Sex Offender Registration
88Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, having been found guilty of a Class 2 offence in circumstances where you are already on the register for a period of 15 years, you are now required to report for the remainder of your life. Upon your release from prison, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will be sent an acknowledgement form for signing in due course and will be provided with a document setting out your reporting obligations upon your release and the consequences of any breach. It is an offence punishable by a term of imprisonment to fail, without reasonable excuse, to comply with your reporting obligations.
Other orders
89I grant the disposal order sought.
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