Director of Public Prosecutions v Singh

[2024] VCC 1204

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-02058

DIRECTOR OF PUBLIC PROSECUTIONS

v

MANPREET SINGH

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JUDGE:

JUDGE DAWES

WHERE HELD:

Melbourne

DATE OF TRIAL:

DATE OF PLEA:

19 March 2024 – 27 March 2024

1 August 2024

DATE OF SENTENCE:

9 August 2024

CASE MAY BE CITED AS:

DPP v Singh

MEDIUM NEUTRAL CITATION:

[2024] VCC 1204

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:  Indecent act with a child under 16; sexual assault of a child under 16; sexual penetration of a stepchild

Legislation Cited:  Sentencing Act 1991 (Vic); Sex Offender Registration Act 2004 (Vic)

Cases Cited:  R v Willis [2019] VSC 398

Sentence:  10 years’ imprisonment               

NPP 6 years 6 months

SORA for life

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Guesdon	Office of Public Prosecutions
For the Accused	Ms T. Skvortsova	GPZ Legal

HER HONOUR: 

1Manpreet Singh, on 27 March 2024 you were found guilty by jury verdict of ten offences, which were committed when you were between 29 and 31 years of age.  The first offence was committed in September 2016, the balance between January 2018 and January 2019:

Charge no.	Charge	Maximum Penalty
1	Indecent act with a child under 16	10 years’ imprisonment
2, 3, 4, 7, 8, 9, 10	Sexual assault of a child under 16	10 years’ imprisonment
5, 6	Sexual penetration of a stepchild	25 years’ imprisonment

2You began a relationship with Ms Jasmine Price[1] in early 2015 after you met at 7‑Eleven, where you worked.  She had separated from her husband and had the care of their two daughters.  Her older child, Emily,[2] is the victim here.

[1] A pseudonym.

[2] A pseudonym.

3Ms Price worked full time and undertook varied, lengthy shifts.  You were introduced to her daughters and eventually moved in to reside with the family in November 2016.  You became involved in the care of her children, assisting with school drop-offs and pick-ups, as well as supervising them when Ms Price was at work.

4You initially had a friendly, tactile relationship with her daughters.  You would often engage in playful behaviour that was not alleged to be inappropriate where you tickled, hugged and poked them.  The prosecution case was that your conduct escalated to deliberate sexual offending when your partner was not at home.  Evidence of subsequent inappropriate conduct was led as part of the narrative to place the charged acts into context, which I have not taken into account when sentencing you.  I will summarise the facts of the charged acts in accordance with the trial evidence.

Charge 1

5On 4 September 2016, when the victim was 10 years of age, you were at dinner at a restaurant with Ms Price, her daughters and their grandparents. Towards the end of the night, Ms Price got up to take her younger daughter, Georgia,[3] to the bathroom. The victim stood up to follow them when you put your hand between her legs from behind and grabbed the area of her crotch, over her clothing. The victim's grandfather observed that you 'Grabbed her up between her legs and sort of groped or pinched her genitals'. He contacted Ms Price the following week to raise his concerns, as your conduct unsettled him. Ms Price then spoke to you and told you not to touch or tap her daughter on the bottom. You responded by saying you were just playing around and would not do it again.

[3] A pseudonym.

Charge 2

6Between 1 January and 30 June 2018, when the victim was between 11 and 12 years old, you were home alone with the children.  You were seated on the couch in the living room when the victim walked past you.  You put your arms around her waist and pulled her on top of you, so she straddled you.  You placed your hands behind her, onto her bottom.  You pulled at her bike shorts and they ripped.  She pushed herself off you and told you to piss off and leave.

Charge 3

7On another occasion during the same time period, the victim was on her bed after school, listening to music and wearing her sports uniform.  You walked in and sat next to her.  You tickled and poked her before you put your hand up her crop top and pretended it was a microphone.  The victim's breasts came out of her top and you stared at them for a while, before she pushed you off.  The victim told you to stop, but you did not.  You told her to 'give [you] a kiss', which she refused.  You grabbed her arm, twisted it and told her to apologise.  The victim then pushed you away, bit your hand and ran off.

Charge 4

8Between 1 March and 31 August 2018, the victim came home from school and sat on the couch to watch Netflix.  She was 12 years old.  You sat down next to her and put your hands on her leg, towards her crotch.  You poked her vaginal area underneath her dress but over the top of her bike shorts.  You started by softly poking her and then pushed harder.  The victim pushed your hand away and told you to stop.  You continued for around 30 seconds, until the victim kicked you away.

Charges 5 and 6

9Between 1 and 30 November 2018, when the victim was aged 12, she was asleep at night in her bedroom.  You came into her room, climbed on top of her, moved her blanket and woke her up.  You pinned her hands down on the bed and placed your knees over her legs so that she could not move.  You slowly forced yourself up towards her face and pulled her head down slightly.  You pulled off your pants and inserted your penis into her mouth.  You moved her head back and forth for approximately 30 to 40 seconds.  

10You then moved yourself down, pulled off the victim' pants and penetrated her vagina with your penis for about two minutes.  She described that it really hurt and she felt like she was being stabbed.  The victim said that she tried to kick you off and scream, but no noise came out.  She was shaking, sweating and tried to tell you to stop.  You did not.  You finally withdrew your penis, pulled up your pants and left the bedroom.  She felt numb and later noticed a small amount of blood in her underwear.

11During this incident, the victim observed a lump on your penis which she described as a 'lumpy, pimply thing.'  It was an agreed fact between parties at the trial that you attended a general practitioner on 15 November 2018, due to having penile lesions which were diagnosed as molluscum contagiosum, a viral skin infection.

Charge 7

12On 23 November 2018, the victim was 12 years old.  She was lying down and you were on top of her.  You pinned her down with the help of her sister, Georgia, as you started to tickle her.  Georgia provided a drawing to the police of the way the three of you were placed on the victim's bed.  You tickled the victim's genital area over her clothing and, as she tried to kick you off, she accidentally kicked her sister's teeth, resulting in her mouth bleeding.  You stopped and immediately took her sister to the dentist for treatment.

Charge 8

13On another occasion, between 1 January and 30 June 2018 when the victim was aged between 11 and 12 years, she was lying on the bed in the spare room.  You came in and started to tickle her, before you flipped her around so that she sat on top of you with her legs on either side of yours.  You put both of your hands on the cheeks of her bottom and started to pull and squeeze that area.  You then ripped her bike shorts and split them open.  You poked and rubbed her vaginal area in a circular motion, over her underwear for about 10 seconds.  The victim pushed you off, yelled at you for ripping her bike shorts and left.

Charges 9 and 10

14In January 2019, the victim was 12 years of age and was on her bed.  You went into her room and lay down next to her before you started to tickle and pinch her.  You put your hand over her clothing and under her bottom, which you pinched and slapped.  The victim told you to go away and that you were annoying.  She repeatedly told you to stop and tried to push you away.  You kept coming back and held her down.  You said you were just playing with her and called her your 'little toy'.  You forced yourself on top of her, held her hands and put your other hand up her top, underneath her bra, like a microphone incident.  The victim's breasts were exposed and you stared at them for a while before she freed her arms and pushed you off.

15While Charge 1 came to light soon after it occurred, the other offences did not.  In early 2019, the victim made the first of several complaints to a good friend, telling her that you had been touching her, which made her feel 'disgusting'.

16On 4 February 2019 the victim sent her mother a text message and complained about the way you touched her.  The following day, Ms Price messaged you and told you not to contact the victim.  You moved out of their home.  Later that day, you sent the victim and Ms Price a group text message, which included:  

'I may have touched in wrong place but my intentions were always good towards u!  I am so ashamed of myself!  That u felt that way! ... I owe u a(n) apology’.

17On 6 February 2019 you and Ms Price attended her parents' address to discuss the allegations.  You cried, apologised and said that you did not mean to hurt anybody.

18The victim wrote a letter to her mother where she provided more details about your misconduct.  Although she hid the letter, it was eventually found and read by Ms Price in February 2020.  The victim sought psychological treatment, and as a result, police were contacted.  However, Emily did not want to engage with them.

19On 23 June 2020 the victim and her mother discussed your offending again and the victim finally disclosed that you had raped her.  The following day, her mother reported the further disclosure to police.

20On 9 September and 3 November 2020, the victim made two VARE[4] statements, where she provided a detailed account of all the events.

[4] Video-audio recorded evidence.

21You attended Knox police station on 11 November 2020.  During a lengthy interview, you answered all the questions.  You denied that you ever sexually or inappropriately touched the victim.  You were released pending further investigation and charged on 30 April 2021.  You were released on bail and not incarcerated until the jury verdict was received.

22On 23 September 2021 your case proceeded as a straight hand-up brief in the Magistrates' Court and you entered a plea of not guilty to all charges.  You have always contested the allegations.

23Examination of a number of witnesses, the pre‑recording of evidence and a pretrial argument were conducted between February and June 2022.

24Issues related to the COVID-19 pandemic had resulted in an interruption to court proceedings and an overall delay in the running of trials for some time.  After further pre-trial argument, your trial commenced for the first time on 19 April 2023.  The jury was discharged two days later, due to the content of pre‑recorded material that was played.

25On 24 April 2023, a second jury was empanelled.  Towards the conclusion of the prosecution case, evidence given by the informant resulted in the jury being discharged on 2 May 2023.

26Your trial was then listed to commence on 20 November 2023.  As a result of some generic articles that were published that day which were 'on point' to the matters in dispute in this trial, your trial was further adjourned.

27The fourth listing of your trial commenced on 19 March 2024 and ran to completion on 27 March 2024, where you were found guilty of all counts on the indictment.

28While you are not to be penalised for running a trial, your acceptance of responsibility has been in a limited sense and not for your offending behaviour.  You have denied the offending since the matters were first raised and continue to do so.  I am unable to conclude that you have shown any remorse.

29You spent a significant period on bail, with conditions that precluded you from travelling overseas.  In 2019 your father suffered a cardiac condition that resulted in bypass surgery.  In 2021 your brother was diagnosed with cancer and tragically he died in April 2023.  You were unable to return to India to support your family, who have been devastated by these circumstances.  You provided around $4,000 per month in order to fund your brother's treatment, hoping to prolong his life.  You have always remained in contact with your family and maintain a close relationship.  These ancillary consequences have had an adverse effect on you.

30The delay of more than three years between the time that you became aware of the police investigation and the finalisation of your case is not solely due to the fact that you elected to contest the charges.  The parties agree that most of the delay in the resolution of this case was due to matters beyond your control.  You have had the prospect of imprisonment hanging over your head throughout a significant period of time.  I accept that the consequences of the delay have been a source of significant and extended anxiety for you, notwithstanding your pleas of not guilty.  I take the delay into account and accept that it must have a mitigating impact on your sentence.  I am also aware that the delay has been a source of anxiety for the victim.

31A victim impact statement, dated 11 June 2024, has been prepared by Emily Price.  In that statement, she describes significant lifelong insecurity that has developed from your offending conduct.  While the case has been ongoing, she has been consumed by 'anguish and nauseating anticipation'.  She is shattered that she was abused by a father figure who was supposed to protect her. She describes that you 'took everything from me'.  It is clear that you betrayed her trust in you and that she is still stricken and devastated by your misconduct.  It has an ongoing impact that has continued to shape her life, as she does not enjoy normality.  Her relationships with others, including her mother and those she loved, have been 'annihilated'.  She is now unable to trust males, as she feels that she cannot let her guard down.  Her education has been negatively affected.  She has accessed significant professional assistance to overcome the residual effect of your offending.  She writes that her life has been and will forever be changed by your abuse and asks, 'Is there any amount of time that can truly be justice for a lifetime of suffering?'

32A medical support letter dated 29 May 2024 has been provided on the victim's behalf.  It confirms that these traumatic experiences have had a profound impact on her.  She has a wide range of mental health symptoms and has required psychiatric and psychological treatment which is likely to continue as her symptomology endures.

33A victim impact statement was also received from Georgia Price, dated 2 May 2024.  She has felt bad and confused, as she was not aware of what actually happened.  She is sad that she was unable to help her sister.

34Two lengthy victim impact statements prepared in June 2024 were provided from Ms Price.  She describes how she has felt grief, failure, anger, confusion and guilt from what her daughter has gone through.  She is bewildered and horrified that she did not protect her daughter, who has undergone horrendous experiences.  Her mother was not aware of what occurred when you lived together and her assessment and belief in her own judgement and ability as a parent has been affected.  She finds it hard to accept that you, the man who she cared for, trusted and respected, was the person from whom her daughter required protection.  She fears for her daughter's future and has sold the family home to leave behind the bad memories.  She writes that her family have all been traumatised by your offending.

35I take the relevant parts of the victim impact statements into account.  Your sexual offending has had a profound effect on the victim and her family.  I hope that the verdict of the jury will create a cathartic release for them and that the victim will now start to overcome the effect of your predatory conduct.  I have been careful not to have been overwhelmed by their powerful content.

36Sexual offences are crimes of violence that cause harm to victims.  There is a presumption of harm to a child who is subjected to inappropriate sexual conduct.  You have been found guilty of serious offending, which commenced soon after you began your relationship with Ms Price.  You took advantage of the victim's vulnerability and youth when you committed these acts.  The victim had the right to be safe in your company when her mother was not at home.  Your offending involved a gross breach of trust and a continuing, fundamental betrayal of your obligations towards an innocent young child.  She suffered the indignity of being the victim of your protracted misconduct which was, in fact, reprehensible offending.

37After the first incident occurred in 2016, you repeatedly offended against her on seven occasions between 2018 and 2019.  You abused the trust that your partner had placed in you when you took advantage of the victim in her absence.  You had time to reflect on your offending conduct yet chose to persist with it. 

38I consider that your moral culpability is high.

39A psychological assessment was conducted by Ms Laura Fleming, at the request of your solicitor.  The report dated 6 June 2024 has outlined your personal circumstances which I will now refer to.

40You were born in November 1987 in Panipat, India and are now 36 years of age.  You are the youngest in a sibship of three and grew up with a loving and extended family.  You had a positive relationship with your parents and a relatively happy childhood.

41You completed primary and secondary school without difficulty.  You commenced a Bachelor of Commerce degree which you deferred when you moved to Australia on a temporary visa in July 2008.  You joined your cousin, who had been here for two years, as you sought better life opportunities.  Upon your arrival, you completed an automotive diploma before commencing another diploma which you did not finish.

42You have a strong work ethic and have been consistently employed here until you were incarcerated.  You first worked at night in supermarkets, then as an assistant store manager at Coles between 2009 and 2023, as well as doing part-time work at 7‑Eleven over the past 12 years.

43Since you were remanded into custody, you have been in the protection unit at Ravenhall.  You work as a carer to an elderly prisoner or to those with special needs.  A letter has been filed to confirm that you have undertaken several educational courses and are enrolled in others which are underway.

44Your first significant relationship was with Ms Price.  After this ended in 2019, you commenced a new relationship and married in 2020.  This relationship soon ended and you are now divorced.  You do not have any children.

45You have no prior convictions and have not reoffended since the last incident occurred in January 2019, which you rely on to demonstrate some rehabilitation.  As a result of the delay, your circumstances are now considerably different to those when the offences were committed.  You are described by Ms Fleming as feeling 'heartbroken and disappointed' from your current experience, as you maintain your innocence.  There is no suggestion that you have a history of substance abuse, excessive alcohol use or other related problems.  There is no evidence that you suffer from any mental health disorder or have any antisocial personality traits.  You currently meet the criteria for an adjustment disorder with depressed mood, as a result of the allegations and convictions.  Management of these issues is outlined at the end of Ms Fleming's report.  You have been assessed by Ms Fleming as being a low risk of sexual recidivism.  She recommends that you would still benefit from intervention to fully ensure improved insight.  Despite your limited responsibility for your offending conduct, and notwithstanding your lack of remorse, there is no dispute that your prospects of rehabilitation are good.  I take that into account.

46Your cousin who resides here attended the court for your plea hearing and you remain in contact with him.  You have not been to India to see your family since 2016 and now maintain contact with them via regular video calls.  Your parents, sister and niece all appeared on video link at your plea and have written letters to the court.  They are committed to supporting you where they can.

47Your parents are now elderly and require an increasing level of assistance in their day-to-day life.  Your parents detail their health issues and the hardship they will continue to experience in your absence.  Your imprisonment has a devastating impact on them, due to emotional pain and financial burden and they feel helpless and abandoned.  Your sister confirms that you maintain the family's love and support, although your incarceration has had a serious impact on their mental and financial capacity.  Your niece also described that both she and her grandparents are struggling to cope with the current circumstances.

48Your counsel has conceded that you will receive a lengthy term of imprisonment which will have a significant impact on your family, who will continue to experience hardship through the effluxion of time.  While I accept that they will suffer from the inevitable consequence of your imprisonment, I do not accept that it amounts to exceptional circumstances.  Hardship to family members is the tragic and inevitable consequence of a loved one being sentenced to a term of imprisonment.  In every lengthy sentence, the chances of family members health deteriorating is magnified.  There is no dispute that your family's burden of your imprisonment will increase over time.  Further, that you will suffer significant anguish as a result of your inability to see them or provide support for them which will result in your time in custody being more onerous. The burden of imprisonment will be more significant for you in those circumstances and I take that into account.

49Charges 4, 7, 9 and 10, being sexual assault of a child under 16, and Charges 5 and 6, being sexual penetration of a stepchild, attract standard sentencing provisions[5] as they were committed after 1 February 2018.  The relevant standard sentences are four years and 10 years respectively. 

[5] Section 5A Sentencing Act 1991.

50The standard sentence for one offence is where the Act specifies the appropriate sentence for an offence in the middle of the range of seriousness, taking into account only the objective factors affecting the relative seriousness of that offence.[6]  Objective factors are to be determined by reference to the nature of your offending 'to the extent that it illuminates your actions'.[7]

[6] Section 5A(1)(b) Sentencing Act 1991.

[7]R v Willis [2019] VSC 398 Lasry J.

51The nature of your offending is defined without reference to your personal factors.  There are a number of factors that are relevant when assessing the objective gravity here.  These include:

·The standard sentence offending relates to four separate incidents that occurred over a period of approximately 10 months. 

·You had plenty of time to consider the illegality of your conduct.  This did not deter you from engaging with the victim on each occasion.

·There was a considerable age disparity between you and the victim.  You were 30 to 31 years of age at the time.  The victim was 12.

·You committed these offences when the victim's mother was not there.

·Your offending involved a significant breach of trust, given that the victim was under your care and protection, in her own home.  Further, you breached the trust of your partner, who relied on you to care for her daughter.

·The victim made it clear on each occasion that she resisted your misconduct.  This did not deter you.

·The offences of sexual assault were of relatively short duration.  On one of these occasions, you exposed her breasts and stared at them.  The other sexual assaults were when you touched her genital area on top of her clothing or underwear.  Charges 9 and 10 occurred as part of the one incident.  I accept the parties' submissions that these acts, as well as the offences that were committed before the standard sentencing acts, are at a lower level of seriousness.

·Before the sexual penetration offences were committed the complainant was asleep in her bed, where she was entitled to feel and be safe. 

·The acts of sexual penetration were of relatively short duration and occurred as part of the one incident.  The victim tried to kick you off, yet you continued to offend.  Your penile penetration was unprotected, exposing the victim to the risk of pregnancy.  Your viral skin infection was also at risk of transference, given your skin-to-skin contact.

·When you vaginally penetrated the victim, you caused her physical pain.  I consider that the charges of penetration are serious.

52I take the standard sentences into account and accept that they are a guidepost to be considered alongside the maximum penalties when determining the appropriate sentence in this case overall.  In addition, the offences that are subject to the standard sentencing provisions require the fixing of a non-parole period which is at least 60 per cent of the total effective sentence, unless it is in the interests of justice not to do so.[8]

[8] Section 11A Sentencing Act 1991

53When you came to Australia, you planned to live a better life here.  You are not an Australian Citizen and expect to be deported at the end of your sentence.  You accept that any hope you had for a successful life in Australia has now gone.  I take into account the loss of opportunity to remain permanently settled here as a result of your offending and accept that there is a real prospect that you will be deported, either at the conclusion of your sentence or at an earlier date, as determined by the Adult Parole Board.  It is well accepted that the prospect of deportation is a relevant consideration in the sentencing process.  I take into account that your precarious situation will weigh heavily on you, as it increases the burden of the sentence I impose.

54The seriousness of your offending has been conceded, as it relates to a protracted course of sexual offending over a 12-month period, after the earlier incident was committed in 2016.  It involved a significant breach of trust.  Your conduct was reprehensible and the harm you have caused to the victim continues to plague her.  Your counsel has acknowledged the inevitability of a lengthy sentence and submits that totality will play a large role in the structure of this sentence.

55The prosecution position is that general deterrence is a primary sentencing consideration for offending involving the sexual assault and the penetration of a child.  I consider that it must be given significant weight in the sentencing process, as must the factors of denunciation and punishment.  The sentence that I impose will be lengthy and also incorporate weight given to specific deterrence and community protection.  I do not lose sight of your previous good character and prospects for rehabilitation, but these mitigatory factors must be balanced against the other sentencing aspects that pull strongly in the opposite direction.

56The prosecution has made an application for you to be placed on the sex offender register for the mandatory period of life registration.  There is no dispute that the order and the period sought are applicable.

57In light of the gravity of your conduct, a term of imprisonment on each charge is the only appropriate disposition.  In that case, you are to be sentenced on Charges 3 to 10 as a serious sexual offender.  While the principal of community protection is a relevant consideration for all charges, it becomes the principal purpose when these sentences are imposed.  The prosecution does not, however, seek a disproportionate sentence in your case.

58I take into account the maximum penalties for each offence and current sentencing practices.  The principle of totality needs to be considered in light of this being a course of criminal conduct.  Charges 5 & 6 and 9 & 10 occurred as part of single sequences of events.  I have decided that there must be some, but not total cumulation in the sentences I impose.  I have endeavoured to tailor your sentence to ensure that it is proportionate to your criminal conduct overall.  In assessing individual sentences, I have taken care not to doubly punish you for the offences.

59Balancing these factors as best I can, I sentence you as follows.

Charge no.	Charge	Sentence	Cumulation
1	Indecent act with a child under 16	6 months’ imprisonment
2	Sexual assault of a child under 16	12 months’ imprisonment	1 month
3	Sexual assault of a child under 16	12 months’ imprisonment	1 month
4	Sexual assault of a child under 16	12 months’ imprisonment	1 month
5	Sexual penetration of a stepchild	7 years and 6 months’ imprisonment	1 year
6	Sexual penetration of a stepchild	8 years and 6 months’ imprisonment	BASE
7	Sexual assault of a child under 16	12 months’ imprisonment	1 month
8	Sexual assault of a child under 16	12 months’ imprisonment	1 month
9	Sexual assault of a child under 16	12 months’ imprisonment
10	Sexual assault of a child under 16	12 months’ imprisonment	1 month
TES	10 years’ imprisonment
NPP	6 years 6 months
PSD	135 days
SORA	For life