Director of Public Prosecutions v Stevens (a pseudonym)

[2017] VCC 1076

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAVID STEVENS (a pseudonym)

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 August 2017
CASE MAY BE CITED AS:	DPP v Stevens (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2017] VCC 1076

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Bourke
For the Accused	Mr J. Kantor	Mr D. Tamanika

Pages 1 - 7

 

 

HIS HONOUR:

1David Stevens,[1] you were convicted by a jury of Charge 1, indecent act with a child under 16, rubbing the vagina of the victim.  Charge 3, indecent act with a child under 16, rubbing the vagina of the victim. Charge 4 which occurred at the same time as Charge 3. You were convicted of sexual penetration of a child under 16, introduction of your finger into the vagina of the victim and Charge 8, indecent act with a child under 16, kissing the victim. 

[1] David Stevens is a pseudonym.

2At the time of the offending you were aged between 75 and 76 years.  You resided at [redacted].  The victim lived next door with her family at the time of the offending.  She was aged between 8 and 9 years.  She would regularly attend your home in the context of babysitting, and other innocent activities.  She called you Poppy [redacted].  In that context, you took advantage of her trust and that of her parents and offended in the manner so described. 

3As you maintain your innocence, I have no explanation from you as to your thinking about this matter.  This is not historical offending and why, given the constant publicity about this topic you would offend in such a manner is incomprehensible to me.  You have otherwise led a blameless life and could be described as a pillar of the community. 

4Your actions here were wanton, calculated and without any thought as to the consequences upon the victim and that of her family.  Two victim impact statements were tendered and I have read them and taken their contents into account. 

5You have shown no remorse. 

6In mitigation, I have taken into account the following matters which your counsel has submitted:

(1)  You are now aged 77. 

(2)  You have the support of your family.

(3)  You have led an otherwise blameless life having no other criminal convictions.

(4)  You have engaged in constant community service.

(5)  This is your first time in custody.

(6)  You have a consistent work record. 

(7)  I accept the submission that this scale of offending is at the lower end of the scale.

(8)  I accept that Charges 3 and 4 should be concurrent because they occurred at or around the same time.

(9)  You have health issues as outlined during the plea although they are being dealt with whilst you are in custody. 

(10)  You have suffered public disgrace.

7You enjoy the support of your wife and three children.  You attended [redacted] Primary School then [redacted] Technical College.  You completed a boiler making apprenticeship and you are a qualified boilermaker/welder.  You have had a consistent work record. 

8In the community you have served as a councillor for the local municipal council three terms as the [redacted] Mayor of [redacted].  You have been an honorary member of the Country Fire Authority for around 53 years.  You received the Australian Fire Service medal.  You are a former Secretary and President of the [redacted] Senior Citizens Welfare Committee.  You have been involved in football umpiring, you have been involved in the Red Shield Appeal and the Polish Association of Ballarat.

9In sentencing you I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community seeking to ensure as far as possible offenders are rehabilitated into society.  I express my denunciation of the behaviour. 

10As I have already expressed, your actions here are incomprehensible to me.  The basic purposes for which a court may impose a sentence are punishment, general deterrence and specific deterrence.  General deterrence means that I have to impose a sentence to deter others from committing this sort of offending. 

11Given my observation that this is not historical offending, that is, it doesn't go back many years, but is recent,  I am just amazed that anyone would indulge in this sort of behaviour and expect to get away with it. 

12I have to consider specific deterrence, that is, to deter you from re-offending. I am satisfied that that plays a low role in my sentencing consideration here.  I have to consider rehabilitation, I would expect that your rehabilitation prospects would be good and that you are unlikely to reoffend.  I also have to consider protection of the community.  Hopefully at your age, that won't be an issue here.

13In sentencing you I must have regard to a range of matters such as the seriousness of the offending, the culpability for it, your personal circumstances, and those of the victim.

14Taking into account all of those matters, all the submissions made by both parties, I impose the following sentences:

15On Charge 1, indecent act with a child under 16, a term of imprisonment of 18 months.

16Charge 3, indecent act with a child under 16, a term of imprisonment of 18 months.

17Charge 4, a charge of sexual penetration of a child under 16, I sentence you to a term of imprisonment of three years.

18Charge 8, a charge of indecent act with a child under 16, I sentence you to a term of imprisonment of 12 months.

19I fix the base count as Charge 4 which, in my view, is the most serious of the counts and declare that six months of the sentence imposed on Charge 1 and six months of the sentence imposed on Charge 8 be served cumulatively with each other and with the base sentence on Charge 4.  That makes a total effective sentence of four years.  You are to serve a period of two years and 10 months before being eligible for parole.  I declare that the time of 49 days that you have spent in custody already be declared to be part of the sentence that I have just imposed. 

20Are there any other orders I need to make, Mr Bourke?

21MR BOURKE:  Sex Offenders Registration Act, Your Honour.

22HIS HONOUR:  Yes, what is the amount there?

23MR BOURKE:  Life.

24HIS HONOUR:  Yes.  You are to be placed on the Sex Offenders Registration List for a period of life.  I have no discretion about that.

25Mr Tamanika, normally that document is served on your client by yourself but as you are not here, what do you propose?  That is the Sex Offenders Register document?

26MR TAMANIKA: I wonder if there is any way that custody at the court would be able to provide the document to ‑ ‑ ‑

27HIS HONOUR:  I can ask my Tipstaff to hand the document to him but as to the explanation of it, that's not a matter for the court staff.

28MR TAMANIKA:  No, so what would be the process is that Mr Stevens and I will have a Java Video Conference as near as possible after this hearing and that will be discussed with him in detail to ensure he is aware of the obligations and that ‑ ‑ ‑

29HIS HONOUR:  Mr Bourke, do you see anything improper about service being attempted by my Tipstaff?

30MR BOURKE:  I don't, Your Honour.  My experience, I mean, that occurs relatively common.

31HIS HONOUR:  Yes, all right, thank you.

32MR BOURKE:  There is the other matter of a 464ZF, Your Honour.

33HIS HONOUR:  Have I got that in front of me?  I haven't seen that.

34MR BOURKE:  I believe it might have been provided on the second to the last occasion.  I'm without an instructor at the moment but that was my understanding.

35HIS HONOUR:  All right, we will see if we can find it.  Mr Tamanika, what is the defence's position in respect of that?

36MR TAMANIKA:  Not opposed, Your Honour.

37HIS HONOUR:  Thank you. 

38MR TAMANIKA:  Mr Kantor who appeared at and conducted the plea may have suggested to me that the, the 464 matter had been affected or granted but ‑ ‑ ‑

39HIS HONOUR:  My associate tells me that I have already made the order and signed it. 

40MR TAMANIKA:  Yes, that might have been done.  Thank you.

41MR BOURKE:  Thank you, Your Honour.  I apologise for that confusion at my end. 

42HIS HONOUR:  Just sit down for a moment, Mr Stevens.  Mr Stevens, I have just signed the notice of obligations pursuant to the Sex Offenders Registration Act.  Normally, your solicitor would be here and take these documents up to you and see if you want to accept service.  Do you agree to accept service of these documents?

43OFFENDER:  Well, I was hoping I would have had legal advice on that, sir, Your Honour.

44HIS HONOUR:  Well, it's a matter of you will get them at some stage.  Either today in court or we will post them to you.

45OFFENDER:  I might as well do it now then.

46HIS HONOUR:  I'm sorry.

47OFFENDER:  I'll do it now then.

48HIS HONOUR:  All right, thank you.  Your lawyers will discuss with you what your obligations are under that Act, hopefully shortly.

49OFFENDER:  Thank you, Your Honour.

50HIS HONOUR:  Any other matters, gentlemen?

51MR BOURKE:  No. Thank you, Your Honour.

52MR TAMANIKA:  No, Your Honour.

53HIS HONOUR:  All right.  You can take Mr Stevens out, thank you.

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