Director of Public Prosecutions v Stewart (a pseudonym)
[2022] VCC 1380
•19 AUGUST 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication | |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| VAN STEWART (a pseudonym) |
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JUDGE: | HER HONOUR JUDGE DALZIEL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 AUGUST 2022 | |
DATE OF SENTENCE: | 19 AUGUST 2022 | |
CASE MAY BE CITED AS: | DPP v Stewart (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1380 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Indecent act with or in presence of child under 16 – Sexual assault of a child under the age of 16 – Sexual penetration of a child under the age of 16 – Producing child abuse material – Sexual penetration of a stepchild – Possession of child abuse material
Legislation Cited: Sex Offenders Registration Act 2004 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:Worboyes v The Queen [2021] VSCA 169
Sentence:Convicted and sentenced to a total effective sentence of 17 years and 9 months imprisonment, with a non-parole period of 14 years and 6 months.
Section 6AAA declaration: Conviction and total effective sentence of 22 years imprisonment with a non-parole period of 17 years and 6 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Turner | Office of Public Prosecutions |
| For the Accused | Mr T.Marsh | Emma Turnbull Lawyers |
HER HONOUR:
1Van Stewart,[1] you have pleaded guilty to charges of sexual offending against your stepdaughter and charges of producing and possessing child abuse material.
[1] A pseudonym.
2A detailed summary of the facts found in these charges was provided by the prosecution. The facts are not disputed by you. In these reasons for sentence, I will further summarise the facts, but I take into account all the matters in the summary of prosecution opening in arriving at the sentences I will impose.
Offending
3In 2013, when you were around 27 years old, you moved in to live with your girlfriend who is the victim's mother. She lived in Fitzroy with her daughter, the victim, who was around five years old when you moved into the family apartment, and her two sons.
4You and the victim's mother had a son who was born in March 2014. He suffers from autism spectrum disorder. In June 2018 you all moved as a family to Fitzroy North.
Charge 1 – Indecent Act with a child under the age of 16
5Between 17 April 2014 and 16 April 2017 when the victim was aged between six and seven, she was at home at the apartment in Fitzroy with you, while her mother and brother were out. The victim wanted to ‘play doctors’, so she asked you if you would play that game with her. You agreed.
6You went to the victim's room, where you lay down on her bed to be ‘examined’. She ‘examined’ your head, chest, stomach, legs and feet. You then said to her, ‘Undo my pants, you have to examine all of me’ and told her to examine your penis. When the victim did as you told her, you told her to touch your testicles which she also did. This went on for around 15 minutes, during which you touched her waist from time to time.
7You then put your penis inside your pants and told the victim, 'We'll call this special doctor, no one has to know' and asked, 'Since you did this, do you want some ice cream'?. The victim responded ‘Yes’.
8The victim ate the ice cream and watched television in the loungeroom until her mother and brothers got home and she acted as though everything was normal. She did not say anything because you had told her not to.
9After this first incident, you sexually abused the victim, she says, 'Every month, a couple of times a week, or sometimes more'. The victim believes that ‘all together there was more than over a hundred such incidents.’
10You abused the trust placed in you by the victim who was only six or seven. You perverted an innocent children's game for your own sexual purposes. You persuaded the victim to keep silent and rewarded her with ice cream. This was the start of your sexual predation against her.
Charge 2, sexual assault on a child under 16.
11Between 17 April 2018 and 16 April 2019 when the victim was 10, she was having a shower, when you came into the bathroom and closed the door behind you. She tried to hold the shower curtain closed but was unable to do so.
12You directed the victim to ‘Play with your vagina’. The victim didn’t want to but knew she ‘had to’ and so she complied with your direction.
Charge 6 & 12
13Charge 6 is a rolled-up charge encompassing five video recordings you made of sexual activity between you and the victim. These videos were:
(i)15th of September 2020 commencing at 6:37 pm - a 9 minute 31 seconds;
(ii)16th of September 2020 commencing at 6:47 pm - a 3 minute 16 seconds;
(iii)7th of October 2020 commencing at 6:40pm, - a 14 minute 17 seconds;
(iv)28th of December 2020 commencing at 7:10 pm - a 24 minute 55 seconds; and
(v)18th of April 2021 commencing at 6:08pm - a 6 minute 33 seconds.
14You retained these videos on your electronic devices where they found by the investigators. Your retention of them gives rise to Charge 12. In addition to these five videos police found photographs of the victim taken on 30 January 2021 which was also child abuse material. The gravity of those images was much less serious than the content of the videos.
15Those five videos provided the evidence founding Charges 3, 4, 5 and 7-11. The prosecution opening has set out a detailed description of what can be seen, connecting the images to the charges. I will not set out that level of detail, but will rather deal with each video in turn, noting the relevant points found in the charge and related to the context and gravity of the offending.
16Charges 3 and 5 are rolled up charges of sexual assault of a child under the age of 16. Charge 3 encompasses five occasions in which you had caused the victim to masturbate your penis, and Charge 5 encompasses two instances where you touched the victim's vagina. The remaining charges are all single instance charges.
17Because of the manner in which the prosecution set out the facts in the Opening, the order in which some of the charged and uncharged acts occurred, which I am about to set out, may not be quite correct.
Video 1- 15th of September 2020 – 9 minute 31 seconds – Charge 3 first instance
18
This video commenced on 15 September 2020 at
6.37 pm. You and victim were sitting on the couch in the lounge room at home. At that time, she was 12 years old. Some normal family conversation was going on between you.
19Whilst sitting on the couch with the victim, you removed your penis from your pants and began masturbating, you told her to, 'Take off your clothes and lay on the couch and play with your vagina'. That is an uncharged act.
20The victim pulled up her top pointing to her pants while you made a gesture to her to touch your penis. She began masturbating your penis with her left hand and then her right hand. And that is the first occasion of Charge 3.
21You lifted her top exposing her breasts, pulled her pants down partially exposing her vagina. You pulled her pants down to her ankles further exposing her vagina.
22There followed a number of directions by you to get the victim to be in various positions. You tapped her body and gestured to direct her movements. Your acts, and the responses of the victim indicate that this kind of conduct was well established by the time this video was made.
23At your direction the victim lay back on the couch, with her pants pulled down to her ankles and her top pulled up, her vagina and breasts were exposed. You pointed to her vagina and she shook her head. And a few seconds later, the victim touched her vagina with her fingers. That is also an uncharged act.
24You touched the victim's legs, spreading them as she masturbated. The victim inserted her finger into her vagina as she masturbated. That is Charge 4, sexual penetration of a child under 16.
25You masturbated whilst standing over her and ejaculated onto her stomach, groin, left hip and thigh, also an uncharged act.
26In cleaning off your ejaculate from the victim you wiped her inner thigh and touched her vagina. That is first instance of Charge 5.
Video 2 – 16th of September 2020 - 3 minute 16 seconds
27The video commenced on 16 September 2020 at 6.47 pm. You were sitting on the couch in the lounge room. The loungeroom lights were on, and the television was on with the volume loud. The victim was on her knees on the floor in front of you masturbating you.
28You then began masturbating yourself while the victim got up and sat on the couch next to you. Just over a minute later, you pointed to your penis, and the victim began masturbating you again whilst continuing to watch television. You took over masturbating yourself and then the victim again did this to you.
29Shortly after the victim recommenced masturbating you, you ejaculated onto her hand. That is occasion two of Charge 3.
Video 3 – 7th of October 2020 – 14 minute 17 seconds
30On 7 October 2020 at 6.40 pm, you were on the couch with the victim. You said something to her as you moved your hands to the waistband of your pants. She nodded and looked at your groin. You took out your penis and began masturbating it as the victim watched television.
31You turned to the victim and spoke to her. She lifted her jumper, exposing her black bra and then took off her jumper and pointed to her leggings. The victim got up off the couch and returned a moment later wearing grey underpants and her bra.
32She sat down and began masturbating you. You brushed her hair off her shoulder and kissed her on the lips, which is an uncharged act. As she masturbated you, the victim asked you, 'Dad, do you really think the principal will hold me down?' You replied, 'No', shaking your head.
33Later as the victim continued to masturbate you, she asked, 'So, can I go to Richmond High next year'. She continued to masturbate you and you told her to remove her top. You touched her breast and kissed her right nipple. She continued to masturbate you until you ejaculated. That is instance three, of Charge 3.
34At some point you nodded your head to your penis and the victim leant over and put your penis in her mouth, two times she stopped and then resumed this action. That is Charge 7, sexual penetration of a stepchild.
35Whilst she was masturbating you, she noticed the camera and asked, 'Are you recording this? Why'. You looked at the recording device and at the victim and shook your head.
36The victim laid down on the couch. You gestured for her to move her underwear to the side which she did. You then reached out and moved her underwear to expose her vagina. The victim held her underwear to one side as you continued to masturbate.
37Whilst masturbating you attempted to touch her vagina, she pushed your hand away and said, 'No, Daddy'. You gestured to the victim to masturbate herself, which she did.
38You held out a finger indicating to the victim to put her finger in her vagina and moving your hand up whilst saying, 'Up' to the victim. She inserted her finger inside her vagina. That is Charge 8, sexual penetration of a child under 16, by causing her to sexually penetrate herself.
Video 4 – 28th of December 2020 24 minute 55 seconds
39On 28 December 2020 at 7.10 pm, you were sitting on the couch in the lounge room. The victim was also in the room. Her mother was present in the house during the offending.
40You removed your penis from your pants and the victim sat down next to you and began masturbating your penis. She then stopped and you began masturbating yourself.
41The victim was clearly uncomfortable. She moved out of view of the camera and returned wearing a black bra and grey underwear. She pulled her underwear waistband away from her waist exposing her vagina to you. You touched her on the vagina, which is occasion two of Charge 5.
42In response to something you said, the victim pulled her underpants so that you could look at her vagina. You leant back on the couch and masturbated.
43You stuck your tongue out at the victim and made a licking gesture. She shook her head. You then mouthed, 'Come on', to which the victim again shook her head. You said something to the victim. The victim then pointed to her mouth. The victim then leant over and put your penis in her mouth. You then said, 'Up and down' and the victim moved her head up and down on your penis. The victim lifted her head up and removed your penis out of her mouth. That is Charge 9, sexual penetration of a stepchild
44The victim continues to masturbate you at various points over the 24 minute video. As she did so she watched television. At one point she lifted her foot and told you, 'I have to clip my toenails'. At another point the victim stopped masturbating you telling you her arm was sore.
45Also shown in this video are periods of time in which you were both masturbating. You touched the victim's breast during this activity.
46You moved off screen and returned with a pair of scissors. You cut the victim's pubic hair with the scissors and showed it to her. You continued to trim her pubic hair and then stood up and masturbated yourself. These are uncharged acts.
47The victim masturbated you whilst lying on the couch. You took over and masturbated yourself until ejaculating on her chest and stomach. You kissed her on the lips. That is occasion four of Charge 3.
48At some point in this video the victim laid on the couch with her shorts and underwear still pulled down and her top lifted, so her breasts were exposed. You pulled her shorts and underwear further down, further exposing her vagina. You pointed to her vagina and she began to masturbate by rubbing her vagina with her fingers.
49You have pleaded guilty to a charge of sexual penetration of a child under 16 by causing her to penetrate herself with her fingers in respect to that conduct, that was Charge 10.[2]
[2]This characterisation is taken from the Indictment. The Summary of Prosecution Opening appears to have reversed the nomination of Charges 9 and 10
50At least twice during this video the victim's mother can be heard calling out to you, causing you to replace your clothes and disappear off screen before returning and continuing to offend against the victim. On each occasion the victim's mother was heard, the victim quickly replaced her own clothes then removed them when you returned.
Video 5 – 18th of April 2021 6 minute 33 seconds
51The video commences at 6.08 pm and was made the day after the victim turned 13. The victim's mother was home putting your son to bed.
52You went into the victim's bedroom and threw a red spaghetti strapped jumpsuit that was on her floor at her, telling her, 'Put it on', and she did so.
53You told the victim, 'I don't want you turn out to be some sort of skank', to which she replied, 'But Dad, I wouldn't wear this to impress my friends.' You told the victim, 'If you can hide it from your mum, put some clothes on top of that, you can keep it.'
54You and the victim linked your fingers in a ‘pinky swear’ agreement with you saying, 'If you're cool with this', pointing to your penis. The victim asked you, 'Am I still allowed to hand out with (inaudible) on Monday?' and you responded, 'That's the deal, right?' to which the victim nodded her head.
55You then removed your penis from your pants, you started masturbating your penis, later pulling the victim's hand to your penis and making her masturbate it. That is occasion five of Charge 3.
56You said to the victim, 'Now get on your knees and put your mouth on my penis.' She got down on her knees and put your penis in her mouth and performed oral sex on you.
57When the victim took your penis out of her mouth, you masturbated yourself and told her to 'Pull your top down', she did so exposing her breasts to you.
58The victim again put your penis in her mouth and continued to perform oral sex. A few seconds later she took your penis out of her mouth and you recommenced masturbating.
59You used your hand to guide the victim's head to your penis, inserting it into her mouth again. She moved her head back taking your penis out of her mouth, she told you, 'I burnt my tongue on (inaudible)' but you again guided her head towards your penis and she again took your penis into her mouth. At one stage she suddenly moved her head back and removed your penis from her mouth spitting on the ground. That is Charge 11, sexual penetration of a stepchild.
Complaint and Investigation
60The victim complained to a teacher about your offending on 20 April 2021. The police became involved and you were arrested and interviewed on the same day.
61When you were arrested, you had three pocket knives and multi-tool in your possession, giving rise to the summary offence to which you have pleaded guilty.
62In the police interview you did make admissions, but you minimised your offending. You denied the acts which are the subject of Charges 1 and 2. You said your first offending against the victim was a few months ago and that you had done something sexual with her two or three times. You called her a compulsive liar and you pointed to behaviour on TikTok which you considered inappropriate.
63Police seized various items, including your computers, hard drives and tablets. The videos were found on a hard drive and a tablet.
Gravity of the offending
64Victim impact statements were filed by the victim and her mother. The victim says her schooling was quite affected as she found it difficult to concentrate. She became quiet and during class she would “blank out”, due to worry about what you would do to her. She was less willing to engage in sport because she was reluctant to get changed in the change rooms, because uncovering her body would remind her of your offending. She wore concealing clothes for the same reason. She would distance herself from her mother and brothers. She wrote:
I have a range of emotions when I think back to what he did including feeling angry, frustrated, sad, scared and frightened.
65Later in her statement she said,
I feel this made me grow up too quickly, because I was made to do what adults do and I was not ready for that. Looking back, I feel I didn't have a childhood. People say I can have a childhood now, but I can't, I'm a teenager now.
66The victim's mother is affected by the deep breach of her trust by you. She is anxious and more protective of her children. She also reports that the victim is more anxious.
67Your counsel rightly accepted that this offending involved a gross breach of trust. The victim viewed you as her father, her mother trusted you. You began to prey on the victim when she was only six or seven and by the time she was 12 you were making the videos. It is apparent, that there was a well-established routine of offending against her. The last offending was the day after her 13th birthday.
68Your offending escalated from touching to penetrative acts, you putting your penis in the victim's mouth and causing her to penetrate her own vagina, for your gratification.
69Whilst there was no physical coercion of the complainant, you were utilising your position of power. You appeared to have used a system of actual or implied rewards to ensure her compliance. As I have noted, after the first charged event you created a pact of secrecy between you. Although later, you did not yourself penetrate her vagina, you directed her to do so.
70An aggravating factor in respect to Charges 3, 4, 5 and 7-11, is that you filmed this sexual offending. The victim was aware of the films being made. I have no doubt this added to the humiliation and shame she felt at being subjected to your offending. Your counsel submitted that where the victim knew that there was a recording and that it could be rewatched, disseminated or used as blackmail material or leverage by you, added to the gravity of your offending. Although I accept you appeared to have made these videos for your own gratification not distribution, this seems to me to be the absence of an aggravating factor rather than mitigating in respect of Charge 6.
71Whilst it was the videos that provided powerful evidence against you, this is in no way mitigatory, as your counsel accepted whilst your own acts created the evidence, this is not comparable to a confession where there would otherwise have been no evidence.
72
Charges 3, 5 and 6 encompass repeated instances of the offence. Charge 3 covers five instances of you causing the victim to masturbate your penis, corresponding to each of the five videos. Charge 5 involves
two instances of you touching the victim's vagina on separate days. As I have already noted Charge 6 relates to the creation and retention of the five videos.
73Your explanation for possession of the knives and multi-tool, was that you were a prepper, which I understood to be a reference to being prepared for the collapse of society.
Personal circumstances
74You were the youngest of four children and have three older brothers. Your parents separated prior to your birth and your counsel noted that you lacked a positive role model, due to estranged relationship with your father, and lack of close relationship with your brothers.[3]
[3] Defence submissions on Plea dated 2 August 2022, paragraph 17
75Prior to your arrest you had a positive relationship with your mother however, you have not had any contact with your mother since your time on remand for the offences before me.[4]
[4] Neuropsychological Assessment Report by Dr Matt Treeby, clinical neuropsychologist and clinical psychologist, dated 19 October 2021, paragraph 8 (Neuropsychological Report by Dr Matt Treeby)
76You struggled academically at school, and cited difficulty with literacy and numeracy. You had behavioural and disciplinary issues which eventuated in your expulsion from primary school. You completed your secondary education at a special school and for a time thereafter worked in car washing. You have no additional work history and have been on a disability support pension for most of your adult life.[5]
[5]Neuropsychological Report by Dr Matt Treeby [13] –[14]
77You report being sexually abused between the ages of eight and ten by a man from the Good Shephard program. This occurred during sleepovers. You say that you told your mother and reported this abuse to the police but the report was not taken further.[6] I was told that there is evidence to support that this report was made to the police.
[6] Neuropsychological Report by Dr Matt Treeby , paragraph 12
78You have had a previous romantic relationship and have had one child with whom you do not have a close relationship, which you attribute to your own behaviour.[7]
[7] Neuropsychological Report by Dr Matt Treeby paragraph 18
Mental State
79Dr Treeby assessed you in October 2021. He conducted testing relevant to your intellectual functioning and personality. The testing highlighted that your overall level of intellectual function is at the cusp of mild intellectual disability range.[8] The test revealed severe difficulties with literacy and numeracy. Dr Treeby noted,
'Mr Stewart's single word reading ability fell in the extremely low range and his reading proficiency was at Grade 4 primary school equivalent level. His mental arithmetic skills similarly fell in the extremely low range.'[9]
[8] Neuropsychological Report by Dr Matt Treeby, paragraph 57
[9]Neuropsychological Report by Dr Matt Treeby, paragraph 52
80Dr Treeby considered that your ongoing difficulties with your mood, stress and anxiety meet the diagnostic criteria for the DSM-5 criteria of a diagnosis of adjustment disorder with anxiety and depression.[10]
[10] Neuropsychological Report by Dr Matt Treeby, paragraph 64
81Whilst he acknowledged the impact of your cognitive limitations, Dr Treeby concluded that it could not account for the sexual offending behaviour.[11]
[11] Neuropsychological Report by Dr Matt Treeby, paragraph 60
82Although you have expressed a degree of remorse by pleading guilty to the criminal charges you face, you persist in having limited insight into the impact on the victim. You told Dr Treeby that you only intended to plead guilty to some of the charges outlined in the brief. He writes:
You commented: "I'm not proud about it, I never was. I just did it because I was depressed. I just did it to feel something. I thought I was losing the victim's mother a bit. I thought the victim's mother was losing interest in me. The victim's mother was always on her phone and she wasn't interested. I always thought of myself as a kid and never really had confidence. I regretted it before I was arrested and I knew it was wrong at the start, I just never felt like I was worth it, I felt depressed. I felt like the victim's mother was losing interest. I was the type of person that wanted sex every day. I thought the victim's mother would come up with excuses."'
Matters raised in mitigation
83The following matters raised in mitigation:
(a) Your plea of guilty gives rise to significant mitigation. The victim was saved the trauma of giving evidence, and the practical benefits to the courts are significant. This utilitarian benefit is even greater given the pandemic and its effect on the operation of the court. I also take into account that your time on remand has been affected by the pandemic and that you have had limited contact with visitors whilst on remand. The pandemic will continue to affect your time in custody for some time I would expect;
(b) Your general intellectual functioning falls into the extremely low to borderline range. Whilst this does not reduce your culpability, it does make you more vulnerable in custody as well as making your experience of custody harder it would be for a person of normal intelligence. Dr Treeby did consider that you met the criteria of an adjustment disorder with anxiety and depression, but this was secondary to your incarceration.[12] He considered that incarceration is likely to make your anxiety and depression worse, coupled with your cognitive limitations and this will make your time in custody quite difficult;
(c) You have a degree of remorse, but your insight into your reasons for your offending, and the effect on the victim is not great;
(d) I accept that you do have some prospects for rehabilitation, noting that you do understand this type of offending is wrong; and
(e) The principle of totality will work to moderate the orders for cumulation to reflect that some of the offending occurred on the same day, and to ensure that the total effective sentence reflects the totality of your offending.
[12]Neuropsychological Report by Dr Matt Treeby, paragraph 64
Other sentencing factors
84General deterrence, denunciation and just punishment are powerful factors in sentencing for offending of this type. Sexual offending against children, has a profound effect on the victims undermining their sense of self and quality of life. The victim impact statement in this matter is demonstrative of just that occurring in this case.
85Specific deterrence and protection of the community are also significant factors in sentencing you. Although I have the ability to impose a disproportionate sentence on Charges 3 to 12, I have not been asked to do so. In your case the application of ordinary sentencing principles leads to a significant sentence in any event.
86Charges 2, 3, 4, 5, 7, 8, 9, 10 and 11 are standard sentence offences. The standard sentence is one factor I must take into account in arriving at the sentence on those charges. The standard sentence is a legislative guidepost as is the maximum penalty. The standard sentence is not a starting point from which to work up or down and does not affect the intuitive synthesis approach to sentencing. Whilst the Sentencing Act 1991 requires me to have regard to current sentencing practices when formulating a sentence, in relation to a standard sentence offence I must only pay regard to sentences previously imposed with a standard sentence scheme applied. I was not referred to any cases by the parties and so I have informed myself by reference to the summaries prepared by the Judicial College of Victoria.
87Charges 7, 10 and 11 are category 1 offences pursuant to s5(2G) of the Sentencing Act. The court is obliged to make a custodial order other than one combined with a CCO for these charges.
88Once sentenced to terms of imprisonment on Charges 1 and 2 you are to be sentenced as a serious sexual offender on Charges 3-12, pursuant to Part 2A of the Sentencing Act. As I have noted the prosecution did not seek a disproportionate sentence,
89Pursuant to s6E, there is a presumption of cumulation between the sentences where you are sentenced as a serious sexual offender. This presumption is impacted by the principle of totality. I direct that your status as a serious sexual offender in respect to Charges 3-12 be entered into the records of the court pursuant to s6F of the Sentencing Act.
90I will now set out what the sentences are.
(i)Charge 1, indecent act with or in the presence of a child under 16, the sentence is two years.
(ii)Charge 2, sexual assault of a child under the age of 16, the sentence is one year and six months.
(iii)Charge 3, sexual assault of a child under the age of 16, the sentence is four years.
(iv)Charge 4, sexual penetration of a child under the age of 16, the sentence is five years.
(v)Charge 5, sexual assault of a child under the age of 16, the sentence is two years.
(vi)Charge 6, producing child abuse material, the sentence is three years.
(vii)Charge 7, sexual penetration of a stepchild, the sentence is eight years.
(viii)Charge 8, sexual penetration of a child under the age of 16, the sentence is five years.
(ix)Charge 9, sexual penetration of a stepchild, the sentence is eight years.
(x)Charge 10, sexual penetration of a child under the age of 16, the sentence is five years.
(xi)Charge 11, sexual penetration of a stepchild, the sentence is eight years.
(xii)Charge 12, possession of child abuse material, the sentence is one year and six months.
(xiii)On the Summary Charge, possession of a controlled weapon, the sentence is one month.
91I make the following orders for cumulation.
(a) the sentence on Charge 11, is the base sentence;
(b) three months on Charge 1;
(c) three months on Charge 2;
(d) 12 months on Charge 3;
(e) two years on Charge 4;
(f) three months on Charge 5;
(g) six months on Charge 6;
(h) one year six months on Charge 7;
(i) one year on Charge 8;
(j) one year six months on Charge 9; and
(k) one year on Charge 10
are to be served cumulatively on each other and on the base sentence of eight years.
92That leads to a total effective sentence of 17 years and 9 months. I sent a non-parole period of 14 years and 6 months.
93I will make the forfeiture and disposal orders which are not opposed.
94I declare pursuant to s18 that you have already served 486 days of pre-sentence detention and I direct that this declaration be entered into the records of the court.
95Pursuant to s6AAA, I declare that if you had not pleaded guilty, I would have sentenced you to 22 years imprisonment, with a non-parole period of 17 years and six months.
96The application of a Sex Offenders Registration Act is that by having committed two or more class 1 offences you are subject to a mandatory reporting period of life.
(Short adjournment.)
97HER HONOUR: My associate tells me I didn't read out the accumulation that I'd written down on Charge 12 which was six months. Furthermore, the calculation by the computer on my orders for cumulation is 19 years and nine months which is not what I intended. I'm going to have to vary the orders for accumulation. I'll do that now.
98The orders for cumulation are amended to be: on Charge 7, one year six months, on Charge 8, one year, on Charge 9, one year six months and on Charge 10 one year.
99That reduces the total effective sentence by two years, taking it down to 17 years and nine months. That was what my intention was. To repeat the total effective sentence is 17 years and nine months non-parole period 14 years six months
100The 6AAA declaration is 22 years with non-parole period 17 and a half. Apologies for the confusion but better to sort it out now than later. Is there any matter that I failed to deal with Mr Prosecutor?
101MR TURNER: No, Your Honour.
102HER HONOUR: Ms Hogg, anything?
103MS HOGG: No, thank you, Your Honour.
104HER HONOUR: All right, thank you. So Mr Stewart, your total effective sentence is 17 years and nine months and your non-parole period is 14 years and six months. This matter is now adjourned.
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