Director of Public Prosecutions v Silva (a pseudonym)
[2021] VCC 2095
•16 December 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSEPH SILVA (A PSEUDONYM) |
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| JUDGE: | HIS HONOUR JUDGE LAURITSEN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 26 November 2021 and 30 November 2021 |
| DATE OF SENTENCE: | 16 December 2021 |
| CASE MAY BE CITED AS: | DPP v Silva (a pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2021] VCC 2095 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Historical sexual offences occurring between October 1970 and February 1981– 18 charges – five female victims under the age of 16 – gross indecency – indecent assault – carnal knowledge – age and health of the offender a relevant Sentencing consideration
Legislation Cited: Sentencing Act 1991; Sex Offenders Registration Act 2004
Cases Cited: Worboyes v R [2021] VSCA 169; Bugmy v R (2013) 249 CLR 571; DPP v Green [2020] VSCA 23; Verdins v R (2007) 16 VR 240.
Sentence:Total effective sentence of 4 years and 6 months' imprisonment with a non-parole period of 15 months’ imprisonment and registration under the SORA for life.
6AAA: 6 years and 6 months' imprisonment and set a non-parole period of 2 years and 3 months’ imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms S. MacDougall | Office of Public Prosecutions |
| For the Accused | Mr G. Chipkin with Ms E. Millar | Victoria Legal Aid |
HIS HONOUR:
Introduction
1Mr Silva[1], you have pleaded guilty to 18 charges, involving three kinds of sexual offences against five girls, all under the age of 16. These offences occurred between October 1970 and February 1981.
[1] A pseudonym.
2The maximum penalties for these offences are:
(a) gross indecency – 2 years' imprisonment;[2]
(b) indecent assault – 5 years' imprisonment;[3]
(c) carnal knowledge – 10 years' imprisonment.
[2] For a first offence. You do not have a prior conviction for this offence.
[3] For a first offence. Again, you do not have a prior conviction for this offence.
3The circumstances of your offending are set out in the prosecution opening, which is Exhibit A. I will now summarise those circumstances. I will deal with each victim individually.
Circumstances
Maria Bryan[4]
[4] A pseudonym.
4Maria Bryan is the daughter of the sister of one of your former wives. Between her ages of five and 12, you committed seven sexual offences against her. First, when she was five or six, you exposed your penis to her. She refused to touch your penis. She was shocked and confused and told no one of what happened. These circumstances constitute Charge 1.
5When Maria Bryan was eight, you took her to your bed, you exposed your penis to her and forced her to masturbate you until you ejaculated. These circumstances constitute Charge 2.
6When Maria Bryan was between eight and 11 and while in your car, you exposed your penis to her and started masturbating. She refused your request to put her mouth on your penis. Nevertheless, you pushed her head onto your penis and told her to do it harder. She gagged. You pushed her away and masturbated until you ejaculated. These events constitute Charges 3 and 4.
7Again, when Maria Bryan was between eight and 11, you went into her bedroom, woke her and told her to watch you. You then exposed your penis, started masturbating, ejaculated into a towel and left. These circumstances constitute Charge 5.
8When Maria Bryan was 11, you took her for a ride on your motor bike. After a while, you stopped. You exposed your penis and started masturbating. You took her hand and put it on your penis. You kept your hand over her hand and forced her to masturbate you until ejaculation. These circumstances constitute Charge 6.
9When Maria Bryan was about 12, you took her to a motel room and locked the door. Through fear, she removed her pants and lay on the bed after you told her to do so. You pulled your shorts to your knees. You lay on top of her and inserted your penis into her vagina. Due to the pain you caused and her fear, she tensed her body so that you could not penetrate her further. You became angry. You told her she was too small and to get dressed. You told her to say nothing and slammed the door of the room as you left. These circumstances constitute Charge 7, which is the offence of carnal knowledge of a child over the age of 10 and under the age of 16.
Donna Sorrell[5]
[5] A pseudonym.
10Donna Sorrell is your natural daughter.
11Although you sexually abused Donna Sorrell when she was between three or four, and 11, on a semi-weekly basis, this behaviour has not been charged but is given to describe the background to the particular offences involving her.
12When Donna Sorrell was five or six, you entered her bedroom at night and while she was asleep. You got into her bed. You cuddled and talked to her. You rubbed your penis between her buttocks and against her anus until ejaculating. This constitutes Charge 8.
13When Donna Sorrell was about 11, you found yourself alone with her on a Saturday afternoon. She was helping with the building of a brick wall. She became covered in dust. You took her inside the house, undressed and showered her. You also undressed and got into the shower with her. You washed her with soap and her anus with your hand. You then took her into the lounge, lay her on the floor in front of a heater and dried her off. You rolled her on her side and lay beside. You started masturbating. You then rubbed your penis up and down between the cheeks of her buttocks. You ejaculated. These events constitute Charges 9 and 10.
Pamela McIntosh[6]
[6] A pseudonym.
14Pamela McIntosh is the sister of Maria Bryan and April Lyons[7]. I will speak of April Lyons shortly. You abused Pamela McIntosh on a number of occasions when she was between five and 8.
[7] A pseudonym.
15When Pamela McIntosh was about 5, she was playing with a kite at your home with five other children. The kite broke and she went inside the house to ask you for glue. You took her into a bedroom, lay a cloth nappy on the bed, exposed your penis, masturbated and ejaculated. You sent her away with the glue. These circumstances constitute Charge 11.
16When Pamela McIntosh was about six, while staying at your home, she was asleep on a mattress in a bedroom with two other children. You entered the room with your penis exposed, you straddled the mattress on which Pamela McIntosh was lying and masturbated. She was aware of what you were doing. These events constitute Charge 12.
April Lyons
17April Lyons is the sister of Maria Bryon and Pamela McIntosh.
18When April Lyons was six or seven, she was staying overnight at your home. You came into her bedroom and exposed your penis. You grabbed her hand, put it on your penis and forced her to masturbate you. You ejaculated. April Lyons was afraid and cried. These circumstances constitute Charge 13.
19When April Lyons was between the ages of 6 and 9 she stayed at your home on many occasions. On at least 10 occasions you came into the bedroom where she slept, woke her, exposed your penis and masturbated. These circumstances constitute Charge 14, which is a course of conduct charge.
Brooke Salvatore[8]
[8] A pseudonym
20Brooke Salvatore was your stepdaughter. Between 1979 and 1983, you would regularly enter the bathroom when she was showering. You would expose your genitals to her and masturbate. This happened on multiple occasions.
21When Brooke Salvatore was about 13, you came into the bathroom while she was showering. You pushed the nylon curtain of the shower against her so that you could see her vagina and nipples. Your actions made her feel uncomfortable and embarrassed. These actions constitute Charge 15.
22When Brooke Salvatore was 13 or 14, she needed to shower before going to school. You were already in the bathroom, drying yourself. After she came in, you intentionally dropped the towel, exposing your genitals to her. She had never seen a naked man before. She was shocked. These events constitute
Charge 16.23When Brooke Salvatore was about 14, you entered the bathroom while she was showering. You masturbated in her presence and ejaculated into the toilet. This constitutes Charge 17.
24Finally, when Brooke Salvatore was 14 or 15, she was asleep in her bed. You entered her room and lay down beside her on the bed. She froze in fear. You took her hand, put it on your penis, forced her to masturbate you and said, 'This is what you do for dads'. This constitutes Charge 18.
Arrest and interview
25On 15 June 2018, you were arrested and interviewed. As one would expect, it was a long interview. You made some admissions but many denials. With Donna Sorrell, you admitted masturbating in front of her but denied touching her. You said there were about six occasions of you masturbating in her presence. You denied rubbing your penis against her anus and denied penetrating her anus. You accused Donna Sorrell of lying and colluding with the person interviewing her.
26In relation to Brooke Salvatore, you said you could not remember committing sexual offences against her except the incident in Charge 17.
27You either denied or could not remember your offending against Maria Bryon. In particular, you denied inserting your penis into her vagina in a motel room. This is the subject of Charge 7.
28You denied sexual offending against April Lyons and Pamela McIntosh.
Pre-sentence detention
29You were charged on summons. Following committal, you were bailed. After the plea hearing, I extended your undertaking of bail. Consequently, there is no pre-sentence detention.
Criminal history
30At the time of these offences, you had no criminal history. However, you committed somewhat similar offences in the 1990's for which you were sentenced to imprisonment on 12 October 1996[9]. I have read the sentencing remarks of a judge of this Court.
[9]A pseudonym.
Legal considerations
31The sentences imposed on 12 October 1996 have, by force of later legislation, a particular relevance to your sentencing. On that occasion, you were sentenced on three charges of sexual penetration of a child between ten and 16, seven charges of indecent act with a child under 16 and a charge of gross indecency in the presence of a child under 16. For each of those charges, you were sentenced to a term of imprisonment. Owing to s6B(2) of the
Sentencing Act 1991, you are to be sentenced as a serious sexual offender on each of the current charges.32What does that involve? First, in determining the length of your sentences, I must regard the protection of the community from you as the principal purpose for which the sentence is imposed. Second, in order to achieve that principal purpose, I may impose sentences longer than that which is proportionate to their gravity considered in light of their objective circumstances. Third, unless I direct otherwise, every term of imprisonment should be served cumulatively upon any uncompleted sentences of imprisonment.
33As to the second factor, the Director does not seek a disproportionate sentence.
Victim impact statements
34The victims, Brooke Salvatore, Maria Bryan, Pamela McIntosh and Donna Sorrell, made statements.
Brooke Salvatore[10]
[10] Statement made on 5 November 2021.
35Brooke Salvatore describes the pernicious effect of your offending upon her. Towards the end of her statement, she says:[11]
‘…as I look back over my life, I can clearly see the ongoing trauma and impact that Joseph’s crimes have had on my entire life. I wanted to believe that I was an innocent and that I was Joseph’s collateral damage, however, too often I have been unable to overcome the poisonous impact of Joseph’s actions and words upon my life. I have believed that my life circumstances were my fault and that I was responsible for the actions that Joseph perpetrated upon me. I believed that I should have known how to stop it and how to deal with it.’
[11] Statement made on 5 November 2021 at page 4.
36However, her statement ended on a more positive note:[12]
‘In the last three years I have made some remarkable progress in my understanding of who I am and my worth. It remains a constant battle, but I will not continue to allow Joseph to bleed into my being. I am learning about who I am and who I was as that little girl, prior to Joseph.’
[12] Statement made on 5 November 2021 at page 5.
Maria Bryan[13]
[13] Statement made on 22 November 2021.
37Maria Bryan was scared, emotionally distressed and confused after your visits. She wanted to tell someone but feared your reaction given what she saw you do to her cousins. After all these years, the effect of your actions remains to the extent that she wishes you receive punishment in this life and the next. Nevertheless, she has achieved a life despite the effects of your offending. She says:
'I am a strong person. I made a decision very young. You may have taken my childhood but there was no way you were going to destroy my adult life'.
Pamela McIntosh[14]
[14] Statement made on 25 November 2021.
38The opening words of Pamela McIntosh’s statement to a large extent captures the effects of your offending on her:
'My childhood voice is finally being heard, after years of carrying the evil visions of you and your display of so-called affection and love. You were disgusting. I felt so alone, scared, and vulnerable. I was too scared to tell anyone because I was afraid of your temper and your punishment'.
Donna Sorrell[15]
[15] Undated.
39Given her relationship to you, Donna Sorrell’s statement was by far the longest of the four statements. Unlike the other statements, I ruled certain parts of it inadmissible. The remaining parts were extensive.
40As with Pamela McIntosh’s statement, the opening paragraph of Donna Sorrell’s statement captures the immediate and lasting effect of your offending on her. It is a long paragraph, and I will quote part of it:
‘I knew that when I was little, that the crime that was being done to me, consistently, was wrong. I didn’t know why, but I felt it was so in my body. My body would be in shock and fear constantly, and I would be confused as to why this was happening when it felt so wrong. I felt guilty and shamed that it was happening, and came to convince myself that I must have deserved it. I was forever in a state of anxiety and panic, and was scrambling to ensure that everything was ok, hoping and praying that it wouldn’t happen again. But no matter what I did, it wasn’t the case of ‘if’ it was going to happen but rather it was always and only a matter of ‘when’… I concluded that I must have been a monster and evil, as no-one was doing anything about it. There was in me a grief that was so deep that it felt like something had been taken away from me: my innocence, my beauty and anything good about me was destroyed…’
Guilty pleas
41Your pleas of guilty are evidence of your remorse.
42As to their timing, the early stages of this proceeding were marred by the restrictions caused by the COVID-19 pandemic. After a committal mention hearing, there were four listings for the purposes of a committal hearing. One hearing was adjourned because of the unavailability of a magistrate to hear it. Two were adjourned because of the pandemic. On the first day of the fourth listing, you either entered pleas of guilty or indicated an intention to do so. No witness gave evidence.
43In terms of the possible court events in this type of proceeding, where it starts with the charging of you with offences and ends in a jury trial, then your pleas or, at least, an indication of your intention to plead guilty, came at the mid-way point. They are not pleas or indications at the earliest reasonable opportunity but have occurred at an early stage of the potential course through the criminal justice system.
44In almost every case, a plea of guilty deserves a mitigation of the sentence which would be otherwise imposed in the absence of such a plea. At the very least, it avoids the need for a trial. This saves time and the expense of a trial and allows other cases to be heard earlier than would otherwise be the case. It avoids the need for witnesses to give evidence at a trial. Generally, this is an onerous task for witnesses. Having read the statements of four of the victims, I doubt any of them would have found the task of giving evidence against you onerous.
45Due to the restrictions caused by the pandemic, the courts have struggled to deal with criminal cases efficiently. This has prompted the Court of Appeal in the case of Worboyes v R[16] to explain that pleas of guilty, made at this time, are worthy of even a greater discount of the sentence. It is important to quote a passage from the Court's judgment in Worboyes’ case to show the emphasis placed on pleas of guilty in this time of restriction:[17]
‘As is abundantly clear, one of the pernicious effects of the current pandemic is that the lists of the criminal courts in this State have become severely congested. Unacceptable delay in the disposition of criminal cases is endemic. Indeed, it is not an overstatement to say that the system of criminal justice in this State is in crisis, requiring a response from the courts. We therefore consider that, whilst the courts of this State continue to labour under the adverse effects of the pandemic, a sentencing court should view a plea of guilty as carrying with it a greater utilitarian benefit than at other times and in other circumstances, and, concomitantly, as attracting an augmented mitigatory effect on sentence, simply because the plea will benefit the beleaguered administration of justice. Given the unhappy state of the courts’ lists, the courts must, in an endeavour to alleviate the strain on the system, encourage those accused who are guilty to so plead. Such encouragement must come from an actual and palpable amelioration of sentence.’
[16] [2021] VSCA 169.
[17] [2021] VSCA 169 at [35].
46Overall, your pleas of guilty require a very significant discount on the sentences you would otherwise have received if you had not pleaded guilty but had been found guilty by a jury.
Psychologist
47Alison Mynard is a clinical psychologist. On 20 September 2021, at the request of your solicitors, she interviewed you.[18]
[18] Report dated 12 November 2021.
48She diagnosed you as suffering from three recognised psychological disorders:
(a) post-traumatic distress disorder;
(b) narcissistic personality disorder; and
(c) paedophilic disorder.
49She undertook an assessment of the degree of risk that you would commit further sexual offences. Somewhat surprisingly to me, she concluded you are a low to moderate risk of re-offending. I say 'somewhat surprisingly' because of your age, health, the lack of contact with children, and the gap between your last offending in the 1990's, I would have thought your risk was very low.
Ms Mynard bore these factors in mind when arriving at her assessment. I accept her assessment.50Having assessed your level of risk, Ms Mynard recommended forms of treatment:
(a) engagement with a sex offender treatment programme. This would enable you to:[19]
‘…enhance his understanding of himself better, and to develop insight about his offending to reduce his risk of reoffending. Mr Silva would benefit from engaging in therapy targeted at sex offenders - including insight development, emotion, and behaviour management, addressing cognitive distortions, improving interpersonal skills, enhancing victim empathy, and relapse prevention training.’
[19] At p14.
(b) counselling from a psychologist to assist you in processing your own traumas and using forms of trauma-based therapies of which she named a few.
51As to the effect upon you of imprisonment, Ms Mynard said:[20]
‘Given the range of mental illnesses and severity of his PTSD, the writer believes that Mr Silva’s impaired mental functioning, his age and medical issues would result in him being subject to significantly more than the ordinary burden and risks of imprisonment.’
[20] At p14.
Personal Circumstances
52You are now 86.
53You were born in Geelong[21]. Your father died of alcoholic poisoning when you were 18 months old. You and your two older siblings were cared for by an aunt while your mother underwent an operation. However, after the operation, she did not want to care for any of you. You were placed in separate foster homes. Later, you were placed in boys' homes. At one of these homes, the house masters severely, physically, disciplined the boys, including yourself.
[21] A pseudonym.
54At the age of seven, you returned to the care of your mother and stepfather. However, after six months, they returned you to a boys' home. You remained in a boys' home until you were 14.
55At one boys' home, you were very regularly sexually abused by older boys. They offered you protection in return for sexual favours involving mutual masturbation and anal sex.
56At the age of 14, your mother and stepfather brought you back into their home. You worked for your stepfather as a builder. After 12 months, you fought with your stepfather and ran away from home.
57For some time afterwards, you were homeless, stealing money to feed yourself. You then lived and worked in regional Victoria[22].
[22] A pseudonym.
Education
58Your formal education is very limited. You spent two years at the Ringwood[23] Technical School. However, you are literate and articulate.
[23] A pseudonym.
Employment
59It seems most of your working life has been as a driver of different types of vehicles. You retired at the age of 76.
Medical
60You suffer from disease called 'Stevens-Johnson syndrome'. Ms Mynard describes this as ‘a rare, serious disorder of the skin and mucous membranes. It is usually a reaction to medication that starts with flu-like symptoms, followed by a painful rash that spreads and blisters. He explained that he has had adverse reactions to medications and has become unconscious’[24].
[24] At p 4.
61Each day, you take medicines for anxiety. You suffer panic attacks when dehydrated. You are treated for problems with your kidneys and heart. You are prescribed a variety of medicines.
62A document entitled 'Patient Health Summary' was prepared by the clinic of your general practitioner. It records a variety of diagnosed conditions and lists the medications prescribed for you. Without a report from, at least, your general practitioner, I cannot assess the significance of these complaints. From the perspective of longevity, to me, the most significant appear to be:
(a) the insertion of a stent in a coronary artery in 2007 and the diagnosis of bilateral carotid stenosis in 2013 and aortic stenosis in April 2018. These suggests significant ongoing heart disease;
(b) chronic kidney disease, stage 3b, diagnosed in February 2016.
I do not understand the significance of stage 3b and the broad description of 'kidney disease'. The fact that it is chronic is significant;(c) Stevens-Johnson syndrome. I have Ms Mynard's description. She is not a medical practitioner. I daresay she obtained the description from a medical dictionary. I cannot say as to its significance.
63Overall, the material leaves me with the impression you suffer from three main conditions of significance from the perspective of longevity. Whether they have any effect on your life expectancy, I suspect they do, but I cannot say definitively.
Relationships
64You married your first wife in 1963. The relationship lasted 14 years. There are three children, a son and two daughters. It is many decades since you have seen those children.
65In 1979, you married your second wife. You and she separated. Afterwards in 1999, she died in a motor vehicle accident. There were no children of this relationship. However, there is a stepdaughter. She blames you for her mother's death and you have not had contact with her since the accident.
Discussion
66S5(1) of the Sentencing Act 1991 (‘the Act’) sets out the purposes for which sentences may be imposed:
(a) to punish the offender to the extent and in a manner which is just in all of the circumstances;
(b) to deter the offender or other persons from committing offences of the same or a similar character;
(c) to establish conditions within which it is considered that the offender's rehabilitation may be facilitated;
(d) to manifest the denunciation of the type of conduct the offender engaged in; and
(e) to protect the community from the offender.
67In most cases, one or more of those purposes are relevant. It is true in your case.
68Plainly, the purposes of deterring you and deterring others from committing these offences or similar offences are important.
69My sentences should manifest a denunciation of these offences. They should also act to protect the community from you. Aspects of these purposes may be achieved through your rehabilitation. For if you are rehabilitated, then you will not re-offend by committing these or similar offences again.
70S5(2) of the same Act sets out factors which I must, if they are relevant, take into account in sentencing you.
71I have already set out the maximum penalties for the offences you have committed. I have also explained broadly the effect on your sentencing through the fact that you are to be sentenced as a serious sex offender.
Gravity of the offences
72To an extent, the gravity of your offences is seen in the impact of them upon the victims. The effects are profound for each victim. I must not impose disproportionate sentences on the offences because of their effect on the victims but their effect enlarges the gravity of each.
Culpability
73Subject to the effect on culpability through a consideration of one of the limbs in Verdins’[25] case, there is no question otherwise that your culpability for these offences is very high. You were aged between 35 and 45 when you committed the offences. The victims were under 16, sometimes well under that age. You knew what you were doing was wrong.
[25] (2007) 16 VR 240.
The impact on the victims
74Each of the victims who made victim impact statements speaks vehemently about the fear induced while you were offending and the lasting damage your offences have done to each of them.
Rehabilitation
75Absent the views of Ms Mynard, I would have considered your prospects of rehabilitation as excellent. In fact, I would have gone a step further and concluded you had learnt from the sentences imposed in 1996 and rehabilitated yourself whether through your own reformation or the deterrent effect of imprisonment. However, based on your character, she assesses some degree of risk of you re-offending. I would assess your prospects of rehabilitation as reasonably good. In doing so, your pleas of guilty are evidence of remorse and I note the contents of your letter to the victims and me. I consider you are genuinely remorseful.
Current sentencing practice
76My attention was drawn to sentences imposed in five comparable cases.
Bugmy v R
77Your counsel relied on passages from the judgment of the High Court in
Bugmy v R[26] and our Court of Appeal in the DPP v Green[27].[26](2013) 249 CLR 571.
[27][2020] VSCA 23.
78Your early life was extraordinary for the deprivation and trauma you experienced. It explains, at least, the psychological disorder of post-traumatic stress disorder from which you continue to suffer. The lasting effect upon you of that early life is an important mitigating circumstance. To an extent, this consideration overlaps with the issues raised by the case of Verdins[28] itself.
[28](2007) 16 VR 240.
Verdins
79Your counsel relied on each of the limbs set out in the case of Verdins v R[29]. Apart from the paedophilic disorder, the other two of psychological disorders diagnosed by Ms Mynard, are, in my opinion, relevant to the limbs. Nevertheless, I agree with the submission of your counsel. To a modest extent, the application of each limb will result in a modest reduction in penalty. Collectively, the reduction is moderate.
[29] (2007) 16 VR 240.
Extra curial punishment
80Subject to certain qualifications, you are able to live in the home of your deceased wife. My sentence means the executors will be able to sell the home. On reflection, I doubt that provision of the Will, will be read down to exclude from the qualification involuntary absence due to imprisonment. The Will only allows six months' absence due to another form of involuntary absence, being ill health.
81Whether you can live with Ms Parsons[30] after you release is unknown.
[30] A pseudonym.
Totality
82Despite the serious offender provisions, the principle of totality has a role to play. It is particularly important when dealing with an offender of your age.
I cannot cumulate the various sentences, one upon another, or even more than few of them, for it will produce a sentence of disproportionate size in the circumstances.
Sentence
83Mr Silva, I will sentence you as follows:
(a) Charge 1, a charge of gross indecency with or in the presence of a girl under 16 – 6 months' imprisonment;
(b) Charge 2, a charge of indecent assault on a girl under 16 –
12 months' imprisonment;(c) Charge 3, a charge of gross indecency with or in the presence of a girl under 16 – 6 months' imprisonment;
(d) Charge 4, a charge of indecent assault on a girl under 16 –
12 months' imprisonment;(e) Charge 5, a charge of gross indecency with or in the presence of a girl under 16 – 6 months' imprisonment;
(f) Charge 6, a charge of indecent assault on a girl under 16 –
12 months' imprisonment;(g) Charge 7, a charge of carnal knowledge of a girl above the age of 10 and under the age of 16 – 36 months' imprisonment;
(h) Charge 8, a charge of indecent assault on a girl under 16 –
15 months' imprisonment;(i) Charge 9, a charge of indecent assault on a girl under 16 –
15 months' imprisonment;(j) Charge 10, a charge of gross indecency with or in the presence of a girl under 16 – 6 months' imprisonment;
(k) Charge 11, a charge of gross indecency with or the in the presence of a child under 16 – 6 months' imprisonment;
(l) Charge 12, a charge of gross indecency with or in the presence of a girl under 16 - 6 months' imprisonment;
(m) Charge 13, a charge of indecent assault on a girl under 16 –
12 months' imprisonment;(n) Charge 14, a charge of gross indecency with or in the presence of a girl under 16. This is a course of conduct charge encompassing at least 10 instances of the same conduct - 14 months' imprisonment;
(o) Charge 15, a charge of indecent assault of a girl under 16 –
4 months' imprisonment;(p) Charge 16, a charge of gross indecency of a girl under 16 –
3 months' imprisonment;(q) Charge 17, a charge of gross indecency with a girl under 16 –
6 months’ imprisonment;(r) Charge 18, a charge of indecent assault with a girl under 16 -
6 months' imprisonment.84The sentence on Charge 7 is the base sentence. Six months on Charge 8, three months on Charge 12, six months on Charge 14 and three months on Charge 17 will be served cumulatively upon the base sentence and upon themselves. The remaining sentences will be served concurrently. The total effective sentence is 4 years and 6 months' imprisonment.
85The issue of a non-parole period is complicated by your age and, perhaps, the state of your health. As your counsel pointed out you are nearly five years past the life expectancy of an adult male. In the circumstances, I will set a low
non-parole period of 15 months' imprisonment.S6AAA
86Absent your pleas of guilty, I would have sentenced you to 6 years and
6 months' imprisonment and set a non-parole period of 2 years and 3 months’ imprisonment.
Sex Offenders Registration
87My convictions on the present charges mean you must report pursuant to the Sex Offenders Registration Act for the rest of your life.
Register
88I will cause to be entered in the records of this Court in respect of each charge that you were sentenced for it as a serious sex offender.
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