Director of Public Prosecutions v Spradbury, Jason

Case

[2011] VCC 70

21 January 2011

No judgment structure available for this case.
IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS
v
JASON SPRADBURY

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JUDGE:

HIS HONOUR JUDGE PILGRIM

WHERE HELD:

Melbourne

DATE OF HEARING:

DATE OF SENTENCE:

21 January 2011

CASE MAY BE CITED AS:

DPP v. Spradbury, Jason

MEDIUM NEUTRAL CITATION:

[2011] VCC 70

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:

Counsel Solicitors
For the Crown Ms C. Parkes Office of Public Prosecutions
For the Accused Mr N. Rolfe

HIS HONOUR:

1       Mr Spradbury, you have pleaded guilty to 21 counts of indecent act with a child under 16, 11 counts of sexual penetration with a child under 16, one count of procuring a child for child pornography, one count of procuring to produce child pornography, two counts of possess child pornography, one count of possess a drug of dependence and two Commonwealth offences, one being using a computer to make child pornography and secondly, using a computer to access child pornography. 

2       The maximum sentences for those offences are substantial, I will briefly just run past them.  On the 21 counts of indecent act with a child under 16, the maximum sentence is 10 years' imprisonment.  On most of the counts of sexual penetration and I will try and explain that so that you can understand it more specifically, the maximum sentence is 10 years' imprisonment.  There are three counts, being Counts 11, 13 and 14, where Taylor Evans[1]  was under the age of ten years of age where the maximum sentence is 25 years' imprisonment.

[1]Taylor Evans is a pseudonym

3       You have one count of procuring a child for child pornography, a maximum sentence for that offence is ten years' imprisonment.  The one count of procuring a child to produce child pornography is ten years' imprisonment.  For the two counts of possessing child pornography the maximum sentence is five years' imprisonment, the one count of possessing a drug of dependence is one year imprisonment and on each of the two Commonwealth offences, that is using your computer to make child pornography and secondly using a computer to access child pornography, the maximum sentence for each offence is 15 years' imprisonment. 

4       You have pleaded guilty to all of these counts, that is 39 counts in all, and you did so plea at the very earliest opportunity that you had to plea.  For having pleaded guilty, I will impose a lesser sentence than I otherwise would have imposed, in other words, you receive a discounted sentence for having pleaded guilty. 

5       Your counsel, Mr Rolfe, in presenting the plea on your behalf submits that you have had a somewhat unremarkable life.  You were born and raised in Cohuna some 65 kilometres north west of Echuca.  You were born on the 18th of October 1973.  You had two older brothers, Gavin and Shane, you have one sister to whom you are or were, as I understand it, very close.  Unhappily your older brother, Gavin, was killed in a motor accident on the Tullamarine Freeway in 1993. 

6       Both of your brothers, Gavin and Shane, were accomplished footballers, they were well liked and very popular within the community.  Mr Rolfe says that you always lived in Gavin and Shane's shadows. 

7       You attended the local primary school in Cohuna, before then attending Cohuna High School.  You initially completed Year 9.  Having left school, you then worked with your father and brother as a casual woodcutter or a farm labourer and/or fruit picking.  As I understand the material, you then went back to school and completed Years 10 and 11. 

8       Having left school after completing these Years, you commenced a relationship with a young local girl, that relationship lasted for approximately ten years until it broke down.  You attribute the failure of this relationship to the use and abuse of both alcohol and marijuana. 

9       You attended a drug rehabilitation course in South Australia, your drug use diminished but your drinking increased.  You do not attribute your drinking to the commission of these offences. 

10      Your instructions to Mr Rolfe are that your background is that you came from a hard working, hard drinking family.  You further instruct Mr Rolfe that you have not been subjected to any sexual abuse in the past and that, other than having some problem with your sexuality, there is nothing in your family structure that would indicate the type of behaviour reflected in these serious offences.

11      For completeness, as I understand it, your father is now deceased and your mother is retired and lives in Cohuna.

12      Since turning 18, you have worked in the local community, eventually finding yourself in employment in piggeries where you have worked as a piggery assistant, working your way up to piggery manager.  Your expertise is in relation to rearing pigs.  You have held this position, that is the latest position, to the date of your arrest on 28 April 2010.

13      So as to avoid confusion, I should comment that members of the Australian Federal police first arrested you on 17 February 2010.  Your car and then later your home were searched.  You were then taken to the Gunbower Police Station where the record of interview was conducted by the investigating Federal police officers.  As you well know, your computer was seized and the offences of the carriage service type matters were revealed.

14      Later that day, you were taken to the Swan Hill Police Station where you were charged with numerous offences and then released on bail with reporting and other conditions. 

15      Two months later, on 28 April 2010, members of the Criminal Investigation Unit from Swan Hill attended at your home address in Horfield Road, Horfield, sometimes called Leitchville.  You were not at home.  The police officers then drove on towards Echuca from your home.  These police officers intercepted you driving toward them on the Echuca Road.  Once again your car, person, house and mobile phone were searched.  As you know, you have been charged with committing further offences, some of which were committed whilst you were on bail.

16      The circumstances of the various offences have been set out in an agreed statement of facts.  Rather than reciting all of those facts, I annexe that statement to these sentencing comments.  I refer directly to some of those facts.

17      Briefly, the offences that arose from the Federal Police investigation were (1) using a carriage service to make child pornography (Count 38);  (2) using a carriage service to access child pornography (Count 39);  and one count of possessing child pornography, a State offence.

18      An analysis of your computer resulted in the finding of thousands of pornographic images and videos of children.  The number of images found was the staggering number of 53,870 images - 130 short of 54,000.  And the number of video images was 3751 videos, all of which contained child pornography.

19      The agreed statement of facts says 36,901 of the child pornographic images and 615 of the child pornography videos are of males and females aged between six months and 17 years.  They include close up images of breasts, vaginas, penises and anal areas.

20      The next paragraph reveals that approximately 8188 pornographic images and 1641 video depict sexual activity between children, including sexual penetration and solo masturbation of males and females.  The penetration depicted includes males and females penetrating themselves and each other digitally, with penises and other objects, orally, vaginally and anally.

21      The next paragraph reveals 3232 of the child pornographic images and 199 of the videos depicting non-penetrative sexual activity between adults and children.  These images show males and females between the age of six months and 17 years of age having their genitals or anuses exposed by adults, masturbating adult males by hand or tongue and being ejaculated on by adult males or being urinated on by adult males.

22      Then the next paragraph shows 4902 child pornographic images and 1703 video depicting penetrative sexual activity between adults and children.  The images show male and female children between two and 17 being penetrated vaginally, anally and orally by penis, hand, tongue and objects.  Some children are shown to be distressed and crying.

23      The next paragraph shows 647 child pornographic images and 123 videos showing naked children in forms of bestiality and bondage.  The images show children between three and 15 years of age being tied up with tape, ropes, handcuffs and chains.  Children that are bound and gagged being penetrated vaginally and orally by penis, object and digitally.  Further, male children are shown penetrating dogs and pigs.  Many of these children appear to be distressed and crying.

24      Other images were found on a computer tower of children aged between ten and 12 years of age.  Sixteen images and four videos all pornographic.  Of these images, 12 pornographic images and three videos show a naked male exposing his genitals and playing on a clothes line whilst naked. 

25      Two of the images and one video show this male child's penis being masturbated by an adult male hand.  Mr Spradbury, you took those pictures and videos, they being of Taylor Evans. 

26      These various images, in whatever form, sink to the very depths of depravity.  I found viewing a representative portion of this abhorrent collection particularly taxing.

27      As a result of detectives from the Criminal Investigation Unit at Swan Hill becoming involved, it then emerged that three young child victims had been the subject of your depraved sexual lust and the remaining 36 counts on the presentment then emerged.

28      The first nine counts on the presentment all allege that you wilfully committed an indecent act on William Hodges[2], then a child under the age of 16 years.  The counts numbered 1 and 2 occurred at Tragowell.  During 2002, you lived at a caravan park at Kerang.  You became friends with William Hodges 's father.  You, Mr Spradbury, moved from this caravan park to Tragowell.  William Hodges  stayed, on occasions, with you at Tragowell.  You later moved to Quambatook, William Hodges again stayed over with you on occasions at Quambatook.

[2]William Hodges is a pseudonym

29      On numerous occasions, whilst William Hodges stayed over at your house in these townships, you offended against him.  William Hodges was constantly awoken whilst sleeping at your house to find you touching and/or masturbating his penis. 

30      Leaving Taylor Evans to one side for a moment, I move to Count 37, a count of wilfully committing an indecent act with Amy Evans[3], then a child under the age of 16 years. 

[3]Amy Evans is a pseudonym

31      It was between 1 January 2010 and 20 April 2010 that you were looking after Amy Evans and her two brothers at your residence at 5 Maxwell Rd, Horfield.  Whilst the two boys were in the lounge room, you were sitting on your bed talking to Amy Evans.  Amy was lying on her back on your bed.  You put your hand down Amy’s skirt and then under her knickers and onto her vagina.  You commenced to rub her vagina whilst moving your fingers around.

32      Amy Evans  immediately got off the bed and left the room.  Amy, as I understand the material, never stayed over at your house again.

33      Mr Spradbury, both Taylor Evans and Amy Evans  reside with their parents in Koondrook.  You, Mr Spradbury, had been friends with their father, Keith[4], since you were very young.  You each attended the same primary school, you have, until this time, remained good friends, you had become an uncle figure to each of the Evans’ three children. 

[4]Keith Evans is a pseudonym

34      All three children stayed over at your house regularly, Taylor Evans in particular.  This young lad frequently stayed over more often than his siblings.  It seems that you have been extremely good friends with the Evans, as I just mentioned, and the material reveals that at some stage you were in the wedding party when the Evans in fact married.

35      Mr Spradbury, a close analysis of the various counts on the presentment wherein Taylor Evans is the victim of your depraved sexual lust, shows that you have pleaded guilty to having committed 11 counts of indecent acts on this young lad and 11 counts of sexual penetration on him.

36      Just so there is no doubt, the indecent act counts being Counts 10, 12, 17, 21, 24, 25, 27, 29, 30, 32 and 33.  Nine of those sexual penetration counts involve you placing Taylor Evans 's penis in your mouth, where you then fellated him.  Those counts being Counts 11, 13, 14, 18, 23, 26, 28, 31 and 34.

37      On Count 19, you introduced your finger into the anus of Taylor Evans  and on Count 20, you introduced your penis into the anus of Taylor Evans.  At the time of committing Counts 19 and 20, you smeared cream used in the pig industry to assist in birthing piglets.  You smeared that cream over Taylor Evans 's anus and then penetrated him.

38      To further compound your offending, three of these sexual penetration counts - they being Counts 11, 13 and 14 - were committed on Taylor Evans when he was under ten years of age.  To reflect that this is appalling behaviour almost understates the gravity of your offending.

39      An aggravating circumstance is that you have pleaded guilty to having committed at least five acts of sexual penetration of Taylor Evans and seven acts of wilfully committing indecent act upon Taylor Evans whilst on bail.  So there is no doubt, I will identify them:  the sexual penetration offences committed whilst on bail are on Counts 23, 26, 28, 31 and 34.  The indecent acts committed on Taylor Evans whilst on bail are Counts 24, 25, 27, 29, 30, 32, and 33.

40      Further, whilst on bail, you have also pleaded guilty to the offence of possession of child pornography.  That is, the pictures found on your mobile phone when arrested on 28 April 2010.  You recall the police officer stopped you on the side of the road, seized your phone and thereon were pornographic images.  That is Count 35.

41      In addition, you plead guilty to possession of marijuana, which was found at your home on 28 April, that is Count 36.

42      Not only have you betrayed the trust of William Hodges' father and the mother and father of Amy Evans and Taylor Evans, you have grossly betrayed the trust of each of these young children.  The Evans children saw you as an uncle figure, as well they might, taking into account your long association with the Evans family.  That you breached the trust of all of these folk, both young and old, is atrocious. 

43      Further aggravating features of your offending were that on the day of the Federal Police officers attending and searching your premises, other wretched individuals with like minds to you in terms of chasing up pornographic material were downloading these appalling and obscene images from your computer, you having left your equipment open so as to enable them to access such filth.

44      Your computer further reveals that you had a belief that the police were infiltrating your equipment, hence you were taking steps to advise these wretched acquaintances of this fact.  You then took steps to frustrate any police access to your computer.

45      The two Federal offences, that is Counts 38 and 39, have to be. in terms of content and quantity, the very worst I have encountered.  Huge in number and revealing appalling detail.  This type of offending is to be denounced in the strongest of terms.  The Victorian Court of Appeal in R v. Coffee [2003] 6 VR at 543, made comment upon pornography of this kind. Mr Justice Callaway, with whom Mr Justice Eames and Mr Justice Buchanan agreed, among other things said, and I quote from that case. Mr Justice Callaway said:

"Child pornography of this kind involves the corruption and violation of children and the possession of such pornography creates a market which encourages further exploitation of children."

46      Mr Justice Callaway in that case referred to the penalty provided at that time, it is now 15 years and says that that penalty is intended, among other things, to deter prospective purchasers and collectors of child pornography in the hope that adverse economic consequences will ensue for those who produce it.

47      The New South Wales Court of Criminal Appeal in R v. Gent [2005] NSWCCA p.370, Mr Justice Johnson said this, and I quote:

"Although a clear and gregarious breach of trust is involved on the part of those that perpetrate acts with abuse upon children which are filmed and also by those who have direct responsibility for such action.  A person who accesses such images via the internet or obtains material in printed form containing such image, cannot be said to be in the relationship of trust with those children involved.  However, the public interest in stifling the possession and use of such material as a means of protection has been advanced to emphasise the significance of the general deterrence on sentence."

Later in the same case Mr Justice Johnson said:

"The applicant",

that is, of course, in that case -

"The applicant's offence was objectively serious.  This is not a victimless crime.  The applicant took advantage of the sexual exploitation of children.  This reflects a substantial level of moral turpitude, general deterrence is a paramount consideration and specific deterrence was a significant factor."

48      Mr Spradbury, in relation to Counts 38 and 39, the Victorian Court of Appeal made observations and rulings on counts similar to these.  In the case of DPP v. Smith [2010] VSCA 215, handed down on 23 August 2010, Mr Justice Nettle, at Paragraph 23, set out sentencing principles that are pertinent to your type of offending. I quote from Mr Justice Nettle in that case. This is what he said and I am quoting at Paragraph 23:

"The precepts which apply to the sentencing of offenders for offences of possessing child pornography are tolerably clear.  (1) First, the nature and gravity of the offending ordinarily falls to be determined by reference to the four criteria adumbrated by Johnson J in R v. Gent:  (a) the nature and content of the material, in particular the age of the children and the gravity of the sexual activity depicted;" 

That specifically refers to the appalling images I have seen. 

"Secondly, the number of images or items possessed". 

Never before have I encountered nearly 54,000 pictures.

"Thirdly, whether the material is for the purposes of sale or further distribution."

It was certainly, as I understand it, not for sale.  As I previously mentioned, it was being accessed by others with a like mind to you.

"Fourthly, whether the offender will profit from the offence."

Perhaps that does not apply.  The eminent judge goes on to say:

"In the case of child pornography for personal use, the number of children depicted and thereby victims is also regarded as a relevant consideration.  Secondly, general deterrence is regarded as the paramount sentencing consideration because of the public interest in stifling the provision and use of child pornography and less or limited weight is given to an offender's prior good character because it has been the experience of courts that such offences are committed frequently by persons otherwise of good character."

49      Mr Spradbury, the objective nature and gravity of this offending was particularly serious.  A huge quantity of this material was at the upper end of the range of depravity.  The number of items was extraordinarily high.  As I have mentioned, 130 pictures short of 54,000.  If the video pictures were counted frame by frame, the number surely would reach into the hundreds of thousands.

50      The consequence of multifarious pictures then that necessarily leads to a multitude of victims.  Their ages, I repeat, range from six months to 17 years.

51      In relation to all of these children there cannot be a victim impact statement filed on their behalf.  If only these children could be identified, then those that manufacture and peddle such appalling material could possibly be prosecuted and the victim children could receive some counselling and other assistance.  The sadness that would flow from victim impact statements, if made, would indeed be appalling and very hard to manage. 

52      In this instance the families of the three young persons involved have chosen not to file victim impact statements.  They are aware of their right and have not lodged victim impact statements.

53      Mr Spradbury, you have nine previous convictions from three appearances in the Kerang Magistrates' Court.  You last appeared in that court on 20 February 2002, some eight or nine years ago.  Your past forensic history does not include any offence of a sexual nature.  You have related prior offending for drug matters.

54      Your plea of guilty is an indication of your remorse.  Your counsel, Mr Rolfe, again on your behalf, expresses your remorse to this court.  Dr Hannah Butt, the consultant psychiatrist from Forensicare in her report dated 29 December 2010 said as to your remorse, and I quote:

"Mr Spradbury reported feelings of regret and guilt toward the victims of his offences.  He admitted that the offences would have affected the victim's lives adversely.  He said, 'This would have been traumatic for them.  They're probably wondering what has happened.'"

55      I must further observe that you fully co-operated with the interviewing police officers.  Indeed, it was through your total co-operation that many, if not most, of the counts on the presentment emerged.  Would you stand up please.

56      Mr Spradbury, I assure you that I have taken into account all that has been said on your behalf by Mr Rolfe.  I further take into account the report of the forensic psychiatrist, Dr Butt.  I accept the opinion formed by that doctor.  I quote what she said:

"Mr Spradbury's primary diagnosis is dysthymia.  Dysthymia is a chronic mood disorder that falls within the depression spectrum.  It is considered a chronic depression but of less severity than major depressive disorder.  This disorder tends to be a chronic long lasting illness punctuated by periods of healthy mood and function that last at least two years but usually several years.  Mr Spradbury is not diagnosed with major mental illness and does not need treatment from mainstream public mental health services.  Other diagnoses for Mr Spradbury include cannabis dependence and alcohol dependence.  The substance disorders are in remission while Mr Spradbury is in a contained environment. 

In order to reduce Mr Spradbury's risk of re-offending, he should be referred to programs specific for sexual offenders which would increase his capacity for victim empathy.  He would also benefit from being referred to drug and alcohol services to increase his understanding of the impact of use of substances on his mood and functioning."

As I say, I agree with the opinion formed by that eminent psychiatrist.

57      I now turn to imposing sentences and I will slow down because it can be confusing if I do not identify accurately and correctly each offence and I call upon counsel to vigorously correct me if I am in error.  Simply because of convenience, my convenience I suspect, I have mixed up the number so I will not start a Number 1 and go to Number 39 but I will go slow.

58      In relation to Counts 11, 13 and 14, they being the sexual penetration offences committed on Taylor Evans whilst he was under 10;  on Count 11, you are convicted and sentenced to seven years and six months' imprisonment (90 months);  I will say in months because I will try and express both because the computer accommodates months better than years. 

59 Of course, on Count 13, on being convicted and sentenced to seven years and six months' imprisonment (90 months), the offender is then to be sentenced, pursuant to s.6B of the Sentencing Act, as a serious sexual offender.  On Count 14 again, the prisoner is convicted and sentenced to seven years and six months' imprisonment (90 months) for those offences.

60      Each of those 90 months are to be served concurrently with one another.

61      I now go somewhat back to numerical order but not absolutely.  On Counts 1 to 9, they being the offences of indecent act committed upon William Hodges , on each offence the prisoner is convicted and sentenced to 18 months' imprisonment.  Each of those sentences to be served concurrently with one another.  Fifteen months of that sentence to be served concurrently with Counts 11, 13 and 14.

62      On Counts 10, 12, 17 and 21, being offences committed on Taylor Evans, you are convicted and sentenced to 18 months' imprisonment on each count.  Each to be served concurrently with one another.  Eighteen months of that sentence being the entire sentence is to be served concurrently with Counts 11, 13 and 14.

63      On Count 37, that is Amy Evans, you are convicted and sentenced to 18 months' imprisonment.  Fifteen months of that sentence to be served concurrently with Counts 11, 13 and 14.

64      Other than indecent offences committed on bail that completes the indecent act offences, as I understand it, leaving aside, of course, Count 11, 13 and 14.

65      Turning to Counts 18, 19 and 20, being sexual penetration allegedly perpetrated upon Taylor Evans, on each of those three counts, you are convicted and sentenced to two years' imprisonment (24 months), each to be served concurrently with one another.  Twenty-one months of that 24 months to be served concurrently with Count 11, 13 and 14.

66      Counts 23, 26, 28, 31 and 34 each count being sexual penetration of Taylor Evans committed whilst you were on bail.  On each of those offences you are convicted and sentenced to three year's imprisonment (36 months), all to be served concurrently with one another.  Two years and six months of that sentence to be served concurrently with Counts 11, 13 and 14.

67      Counts 24, 25, 27, 29, 30, 32 and 33, also indecent act offences, all committed on Taylor Evans and all committed whilst on bail, you are convicted and sentenced to two years' imprisonment (24 months) on each, all to be served concurrently with one another.  Twenty-one months of that 24 months to be served concurrently with Counts 11, 13 and 14.

68      Counts 15 and 16, both counts of procuring, if I can call it that, you are convicted and sentenced to 18 months' imprisonment on each, to be served concurrently with one another and concurrent with Counts 11, 13 and 14.

69      Counts 22 and 35, just so that there is no misunderstanding, they are both possession of child pornography, Count 22 being the count laid by the Victoria Police being the count where when they examined the mobile phone there were pornographic images on it and Count 35 being the count laid by the Federal police officers, you are convicted and sentenced to 12 months' imprisonment on each count to be served concurrently with one another and concurrent with Counts 11, 13 and 14.

70      Count 36, possession of cannabis, you are convicted and sentenced to one month imprisonment, that sentence to be served concurrently with Counts 11, 13 and 14.  You can take a seat, Mr Spradbury, the rest of what I have to say is housekeeping.

71 "To complete the provisions of s.6 of the Sentencing Act, I will read section 6F, it then becomes contained within the transcript.  A court that sentences a serious offender for a relevant offence must, at the time of doing so, cause to be entered into the records of the court in respect of that offence the fact that offender was sentenced before it as a serious offender."  I read that provision into the transcript and now say it is part of the record of this court. 

72      For your benefits, counsel, I will return and give you a checklist to run through.  Perhaps if I do it in this way - I have not attended to Count 38 and 39, I'm sorry.  Just stand up for a moment, Mr Spradbury.

73      Counts 38 and 39, they are the two Commonwealth offences, on each offence the offender is convicted and sentenced to three years' imprisonment (36 months), that sentence to be served concurrently with one another.

74      Otherwise, all other offences or all other sentences are cumulative.  I have imposed 36 months on the Commonwealth offences, that is Counts 38 and 39;  if you put it in a separate list, you can double check, if you like - a total of 36 months' imprisonment.

75      Counts 11, 13 and 14, a total of 90 months' imprisonment.  On Counts 1 to 9, an effective total of three months' imprisonment;  on Counts 10, 12, 17 and 21, the entire sentence there was to be served concurrently with Counts 11, 13 and 14, I will say no more.  On Count 37, indecent act with Amy Evans, 18 months, 15 months of which is concurrent, therefore a total of three months cumulative.

76      Counts 18, 19 and 20, sexual penetration of Taylor Evans, effective two years, 21 months was to be served concurrently, so there is a total of three months there cumulative.

77      Counts 23, 26, 28, 31 and 34, effective sentence six months cumulative, the sentence being three years, two years and six months of those sentences to be served concurrently on Count 11, 13 and 14.

78      Counts 24, 25, 27, 29, 30, 32 and 33, two years to serve 21 months concurrently, making an effective cumulative sentence of three months.  All the rest are concurrent.  So if you like to add it up this which I did, treble checking myself, 36 months on the Commonwealth offence, 90 months on the penetration of Taylor Evans whilst under 10, effectively three months for all the offences on William Hodges , three months for the offence committed on Amy Evans, three months on the sexual penetration of Taylor Evans before bail, six months on the sexual penetration of Taylor Evans after bail, three months on the counts of indecent act committed on Taylor Evans after bail.  That should add up to 144 months, which is 12 years' imprisonment.  Do you agree?

79      MR ROLFE:  Yes, Your Honour.

80      MS PARKES:   Yes, Your Honour.

81      HIS HONOUR:  In respect of the total sentence imposed this day I fix a minimum term of nine years' imprisonment.

82      Further orders that I must make.  Because of the Commonwealth Act being such a prickly Act to manage, I direct that the prison terms fixed for Counts 38 and 39 commence immediate as of this day, that means, of course, there will be 36 months served and then the State sentences will immediately follow thereafter.  I have already set a minimum sentence to be served before being eligible for parole that to be nine years.

83 Pursuant to s.18 of the Sentencing Act, it is ordered that the prisoner be given credit for having served 271 days of imprisonment. 

84 Pursuant to s.6AAA of the Sentencing Act, had it not been for the plea of guilty, I would have definitely imposed a prison term of at least 15 years with a minimum to serve of 12 years.

85 Pursuant to s.464ZF of the Crimes Act, the prisoner is to provide a forensic sample.  That is a buccal swab, Mr Spradbury, reasonable force can be used to take that swab if you resist.

86      Pursuant to the Sex Officers' Registration Act, Mr Spradbury is to be registered on that register for life. 

87 Pursuant to s.78(1) of the Confiscation Act, I order the forfeiture of one black coloured LG mobile phone in leather case, one wooden stick with rope attached, snap lock bag containing cannabis, snap lock bag containing cannabis and tobacco, an unbranded cream coloured mini tower computer containing two hard drives and a Seagate external hard drive Serial Number ZGHJJBCH, such property I further direct that it be placed in the custody of the Chief Commissioner of Police to be held by him until 28 days from this date or the conclusion of any appeal proceeding and then be destroyed by him.  Take a seat please.

88      Remove the prisoner please.

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

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DPP v Smith [2010] VSCA 215