Director of Public Prosecutions v Taylor (a pseudonym)
[2023] VCC 2274
•5 December 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT WANGARATTA
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOHNSON TAYLOR (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE LYON |
WHERE HELD: | Wangaratta |
DATE OF HEARING: | 2 August 2023 |
DATE OF SENTENCE: | 5 December 2023 |
CASE MAY BE CITED AS: | DPP v Taylor (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2274 |
REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords:
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Giri v R [2022] VSCA 64; Muldrock v The Queen [2011] HCA 39; Worboyes v the Queen [2021] 96 MVR 344; Verdins [2007] VSCA 102; Bugmy v The Queen [2013] HCA 37.
Sentence:12 months imprisonment in combination with a 20 month Community Corrections Order with a Justice Plan; Sex Offender Registration for life
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms S. MacDougall | Office of Public Prosecutions |
For the Accused | Ms A. Roodenburg | Victoria Legal Aid |
HIS HONOUR:
1.Johnson Taylor,[1] you have pleaded guilty to the following charges which carry the following maximum penalties. Two charges of sexual penetration of a child under the age of 16 contrary to s49B of the Crimes Act 1958, each of those charges carries level 4 imprisonment, each is a rolled up charge, each is subject to a standard sentence of six years and each is subject to reporting conditions; and one charge of sexual activity in the presence of a child under the age of 16 contrary to s49F(1) of the Crimes Act, that is a level 5 offence in ordinary circumstances. In normal circumstances the conviction on the first two offences and being sentenced to imprisonment make that a serious sexual offence. It is the standard sentence subject to a sentence of four years, and as I say compulsory reporting conditions.
[1] A Pseudonym.
2.You have admitted your prior criminal history. I will return to that in the course of these remarks.
3.The sentences I impose must take into account the principles relating to sentencing for rolled up charges, standard sentences and serious sexual offending. I will also return to these concepts and other sentencing principles later in these remarks.
Circumstances of Offending
4.The Crown tendered the summary of prosecution opening as Exhibit A. A summary of your offending is as follows:
5.Charge 1 is a rolled-up charge comprising two occasions when you sexually penetrated the complainant Greta Baker[2] in March and August 2021. In March 2021 you had moved into your father's house to live. Miss Baker was his partner's daughter. You were aware that she was in effect your stepsister and that she was 14 years of age.
[2] A Pseudonym.
6.You engaged in conversations with the Miss Baker and asked if she was interested in a relationship. You engaged in sexual (penis/vaginal) penetration using a condom in her bedroom a few days later in March 2021.
7.The second occasion occurred in August 2021 when you engaged in penile/vaginal penetration in your car. You did not use a condom on that occasion.
8.In that same month, your father confronted you about the relationship and required you to move out of his home. Miss Baker tried to end the relationship but you resisted. In September 2021, Miss Baker’s mother found a letter sent by you stating you wished to spend the rest of your life with her. In a further confrontation with Miss Baker’s mother, you told her mother that you were in love with Miss Baker.
9.Charge 2 is a rolled-up charge comprising two occasions when you sexually penetrated another 14-year-old victim between October 2021 and January 2022.
10.You met the victim Tara Mann[3] on Facebook when you were using a false name of Sam White.[4] Miss Mann was under the care of the DFFH. From the outset she told you that she was 15 and you stated you were 29. You soon propositioned her for sex.
[3] A Pseudonym.
[4] A Pseudonym.
11.Staff at Miss Mann’s school discovered the sexualised conversations between the two of you and notified police. Initially, school staff and police identified you as Sam White.
12.In November 2021 you intended to meet Miss Mann at the skate park. A staff member and Miss Mann’s grandmother went to the park and disrupted your meeting. The staff member asked you if you were aware that Miss Mann was 14 years old and you replied 'yes'.
13.Police and DFFH discovered your true identity. You were served with a 'do not contact' letter from DFFH. This was served on you by police on 26 November 2021. The letter is addressed to you and states explicitly that Miss Mann was 14 years and 6 months old. The police member explained the effect and requirements to you not to contact Miss Mann.
14.The first sexual penetration with Miss Mann occurred in late 2021 in your car. It was penile/vaginal sexual penetration. You wore a condom.
15.The second occasion occurred at your cabin at the Everton caravan park. On 10 January 2022 you drove Miss Mann to Melbourne where you collected her friend Isla Levy.[5] Miss Levy was also subject to a care order by DFFH. It is not alleged by the Crown that you knew Miss Levy’s age. You returned to your cabin where you engaged in a further act of penile/vaginal penetration with Miss Mann.
[5] A Pseudonym.
16.Charge 3 is a charge of engaging in sexual activity in the presence of a child under the age of 16. The act of sexual penetration I have just described in the caravan took place in the presence of Ms Mann.
17.After this time, you drove Miss Mann and Miss Levy to South Australia. Police intercepted your car and Miss Levy was taken back into care on 13 January 2022.
18.South Australian police found you and Miss Mann on 19 January 2022. Miss Mann was taken into protective custody where she told authorities about the nine days she was missing from DFFH care.
19.You were remanded in custody in South Australia for a period of about nine days but that time was counted against a subsequent, summary charge heard in South Australia and does not stand as pre-sentence detention for these matters.
20.You were interviewed by police in relation to the allegations. You told police that you knew Miss Baker was 14 but you otherwise denied all the allegations. In a second interview you stated that Miss Mann told you that she was 16. You denied the allegations of sexual penetration.
21.You have now been in custody for 658 days, excluding today. I shall declare this period reckoned as already served.
Standard Sentencing Principles
22.I turn now to a consideration of the standard sentencing principles.
23.The scheme provides for a standard sentence for your offending as follows:
Charge No.
Offence
Standard Sentence
1, 2
Sexual Penetration of Child U16
6 years
3
Sexual Activity in the presence of Child U16
4 years
24.Further, I must set a minimum term of not less than 60% of the head sentence unless I consider it is not in the interests of justice to do so.
25.The standard sentence takes account only of the objective factors affecting the seriousness of the offence in question and is marked as the middle range of seriousness for that offence.
26.Objective factors exclude consideration of matters personal to you as an offender or to a class of offenders. Rather it is determined wholly by reference to the nature of the offending.
27.In determining the appropriate sentence for your offending, I must take into account the standard sentence as one of the factors relevant to sentencing.
28.In this way, it is an additional factor to consider in the sentencing process.
29.Furthermore, I must not have regard to previous sentencing practices which are not standard sentencing scheme sentences.
30.This does not limit the matters which I must or may take into account in determining the appropriate sentence. Nor is it intended to affect what is known as the instinctive synthesis process. The standard sentencing scheme may be considered as a guidepost in the sentencing consideration. However, it is neither determinative nor a starting point from which I must simply remain, go up or go down in my sentencing consideration.
Serious Sexual Offender Provisions
31.You fall to be sentenced as a serious sexual offender in relation to Charge 3 on the indictment, with Charges 1 and 2 being the 'qualifying' offences.[6]
[6] Part 2A of the Sentencing Act 1991 (Vic).
32.In the event that I sentence you to a term of imprisonment on Charges 1 and 2 (which is inevitable), I must have regard to the protection of the community as the principal sentencing purpose.[7] I may, in order to achieve that purpose, impose a disproportionately longer sentence. Further, the legislation provides that unless I direct otherwise, the term of imprisonment for the serious sexual offence charge must be served cumulatively.[8]
[7] (s.6D(a)).
[8] (s.6E).
33.The Crown is not calling for the imposition of a disproportionate sentence in this case. Given the scope of sentencing available to me, I do not intend to impose a disproportionate sentence.
Rolled-up charges
34.You have pleaded guilty to two rolled-up charges. These charges contain a collection of identifiable charges bundled together in a single charge rather than through numerous separate charges.
35.When sentencing on a rolled-up charge, the court must consider all of the circumstances of the offence and the offender, including if the offending was carried out over an extended period, whether it victimised multiple persons, and the totality of harm described in the charge. Whilst the court may consider all of the relevant circumstances of a rolled-up charge, the plea of guilty must still be treated as entered to a single formal charge. The maximum penalty is therefore limited to the maximum for the single charge.
Objective Gravity and Moral Culpability
36.I turn to a consideration of the objective gravity of your offending and an assessment of your moral culpability.
37.The seriousness of the offence of sexual penetration of a child under 16 is marked by the fact that Parliament has imposed the maximum penalty of level 4, that is 15 years' imprisonment on that charge.
38.The criminal law prohibits sexual offending, and specifically sexual offending against children, with the objective of upholding the fundamental right of every person to make decisions about their own sexual behaviour and to choose not to engage in sexual activity. There is and can be no question or issue about consent in this case. The prohibition and the maximum penalty for its contravention is intended to deter others who may consider engaging in sexual activity with a child.
39.The absolute prohibition on sexual activity with a child under the age of 16 presumes that sexual activity which occurs before a child reaches an age at which they can give meaningful consent causes harm, which is long‑lasting and serious and manifests itself in both physical and psychological forms. Therefore, the harm to your victims is presumed.
40.I received a victim impact statement from the first complainant's biological father. He outlines the vulnerability and psychological difficulties his daughter already faced before her encounter with you. Since then, he reports that her anxiety has increased considerably whilst her trust in people has plummeted. She has spent a great deal of time under the care of psychologists and will require treatment in the years going forward. The harm you caused this young teenager is very real indeed.
41.Your offending in relation to all complainants smacks of selfishness and sustained determination on your part.
42.Your conduct constitutes a serious example of these offences. I shall now turn to the question of your moral culpability after examining your childhood and current mental status.
Personal Circumstances
43.You are 31 years of age.
44.Your mother gave birth to you when she was 17. Your parents separated when you were around 12 months. Your mother then married Craig Taylor[9] who became your father, and you took Craig’s name as your own.
[9] A Pseudonym.
45.You only became acquainted with your birth father as an adult.
46.You told forensic psychiatrist Dr Fiona Best that you were sexually assaulted by your uncle when you were aged two. Recently, you told Forensicare psychiatrist Dr Jabir that you were also sexually assaulted by your father when you were 6 – 7 years old.
47.Quite frankly, I am skeptical about at least this later claim of sexual abuse. You have proved to be extremely unreliable in the accounts that you provided to health practitioners during the sentencing process. I am loath to rely on much of your self-reported accounts in the sentencing process but I will proceed on the basis that you were likely sexually abused by a family member at a young age.
48.You have two younger half siblings born to your mother and Craig. When you were 10, their relationship broke down and Craig moved out of the family home. Craig continued to spend time with your half siblings, his biological children, but you were not included. Your family describes this as heart breaking for you, as Craig was your first and primary father figure in your life.
49.Following your mother's marriage ending with Craig, she commenced a new relationship with a man named Kevin.[10] You recalled to Dr Stubberfield that the relationship only lasted for a year before you found your mother unconscious on the floor and the relationship ending. However medical material confirms that the relationship lasted for four years.
[10] A Pseudonym.
50.From the ages of 10 to 14 Kevin committed significant family violence on your mother and you; you were subjected to physical, emotional and financial abuse. Your mother also attests to the physical bashings you received from Kevin.
51.You attended a local Primary School and exhibited behavioural and learning difficulties from the outset. At the age of eight, you were diagnosed with ADHD and although medicated, no improvement was ever noted.
52.At age 11, you were diagnosed with Klinefelters Syndrome and assessed as having a full scale IQ of 55 (mildly disabled range).
53.I received a letter from Dr Stubberfield, paediatrician, on the plea who treated you from ages eight to 15. Dr Stubberfield attributed improvements in your behaviour to a change in medication and especially to Kevin moving out of your home.
54.Your mother is now in a new supportive relationship and they share a young daughter together.
55.In 2002, when you were 10, you began attending a Specialist School, first on a part time basis, then fulltime. Improvements were initially present however, by late 2004 your behaviour began deteriorating. You inappropriately touched a girl at that school.
56.After that incident, your family relocated and you were enrolled in a local high school due to there being no specialist school close by. Your schooling became almost impossible without the specialised care and teaching you had previously received. You struggled terribly in this environment and you left school at the end of Year 9.
57.Since your formal schooling ended, you have worked part time as a fruit picker, you commenced a TAFE course in panel beating, however you were unable to complete the course, and then began working with your stepfather doing forestry work. You continued in that employment for six years and since then you have maintained casual work.
58.Prior to this offending, from the ages of 16 and 26, you resided with girlfriends and/or their families. Charge 1 occurred during a period you were residing with your father. You experienced periods of homeless, residing in caravan parks and living out of your car. You were staying with friends at the time of the offending subject to Charges 2 and 3.
59.You report having consumed alcohol from the age of 16. Although you state that your alcohol consumption was never really problematic, you told health practitioners that you were drinking 24 to 36 cans of full strength beer a day up to the time of your remand.
60.You have completed drug and alcohol counselling whist in custody. You have also undertaken courses including English and math courses and occupation specific courses.
61.I have received character references from your mother and your grandfather. Both reiterate the neglect that you have suffered at the hands of the paternal figures in your life. Your mother describes you as 'a boy who was constantly rejected by those who were meant to love and be there for you' and who has made mistakes. Your grandfather stresses that despite your offending you are a 'good kid' who 'does not understand the consequences of what he does' and wants to better himself but needs the appropriate help to do it.
Psychological material
62.I received the psychological report of Dr Best dated 27 April 2023. You were assessed as fit by Dr Best on 27 November 2022.
63.Dr Best noted your diagnoses of Klinefelter syndrome and ADHD. Dr Best conducted testing which confirmed your full-scale IQ at 55. She concluded that you have an intellectual disability, and diagnosed you with alcohol use disorder and major depressive disorder (mild).
64.Dr Best concludes that your intellectual disability, which in turn stems from your Klinefelter syndrome, has significantly impacted your ability to think clearly, exercise good judgement and think rationally. Dr Best referred to Dr Stubberfield's reference to significant impulsivity, angry outbursts, inappropriate behaviours and difficulty managing your emotions. Dr Best considers that you:
may have very poor capacity to learn and modify your behaviours in response to penalties. You have a limited capacity to learn and adapt, therefore strategies to contain and manage risk should focus heavily on manipulating the environment'.
She considers it is likely that your behaviour improves in highly structured environments.
Dr Best concludes that your disability and impaired mental functioning mean that a custodial sentence will weigh more heavily on you than it would on an individual without those difficulties. She concludes this is because you lack adaptive functioning, problem solving, planning, abstract thinking and judgement. Moreover, your disability leaves you more vulnerable to developing a major mental illness.
68.Dr Best recommended that you would likely qualify for NDIS funding and supports.
69.Previously, you have not sought mental health or NDIS support. It was necessary therefore to adjourn this matter for several months to enable a number of investigations to be made.
70.As part of these investigations, I received a Forensicare report from Dr Jabir dated 20 November 2023. Dr Jabir confirmed the earlier diagnoses made by Dr Best. Dr Jabir confirms that your background of childhood sexual abuse, exposure to family violence, and early parental abandonment and loss. This trauma has resulted from several perpetuating factors including a lack of pro-social role models, financial and housing instability, academic and occupational loss. These factors are compounded by your intellectual disability and your mild major depressive disorder.
71.Dr Jabir considers that you will require extensive psychological and physical support to address the difficulties created by your intellectual disability, major depressive disorder, alcohol abuse disorder, ADHD and Klinefelter syndrome. Dr Jabir considers that you will need to access forensic disability services in the community and the NDIS in order to maintain some quality of independent functioning.
CCO and Justice Plan Material
72.I received a Statement of Intellectual Disability from the Department of Human Services (as it then was) dated 15 August 2003.
73.I also received a Disability Overview Report dated 14 November 2023. The report notes that your family declined disability service support when you were a child and that as an adult you have not taken up or used available supports. After your interview on this occasion, the disability justice coordinator reported that you were compliant with the preparation of the report and stated you were willing to participate in programs recommended by her to address your offending behaviour. You consented to the NDIS justice liaison officer assisting you to gain access to the NDIS and receiving ongoing support from disability justice for the implementation of a Justice Plan as part of a CCO.
74.The Justice Plan dated 14 November 2023 recommends:
i.That you engage with a disability justice coordinator from DFFH for the duration of the order, and participate in further planning as required;
ii.That you participate in a referral to the Forensic Disability Services Team and participate in the assessment and offending behaviour programs as recommended; and
iii.That you reside in the specialist forensic disability accommodation as directed.
75.The Justice Plan contemplates that you will undertake assessment for your alcohol abuse and an offence related program to address and control your emotional regulation and inappropriate sexualised behaviours.
76.As I have adverted to, you have had protracted difficulties obtaining and keeping safe long-term housing. The third recommendation is especially important in ensuring an appropriate long-term home to live in.
77.I received an extended pre-sentence community corrections assessment report dated 20 November 2023.
78.The report outlines that when you were speaking of your offending you were evasive, victim blaming; that you denied the offending and you changed your narrative on several occasions. Nevertheless, in light of your disabilities and problems, and for the fact that you would be linked to a Justice Plan, Corrections concludes that you are suitable for a CCO.
79.The assessment notes that socially, you are pretty much limited to your relationship with your mother, which you view as probably the pinnacle and most important relationship in your life. You have few friends, you have problems with alcohol (as I have already noted) and you will rely on your Justice Plan coordinator to assist in coordinating residential accommodation.
80.Accordingly, Corrections recommends placing you on a CCO for a minimum of 18 months to ensure that you have the opportunity to complete appropriate recommended programs for:
i.Alcohol treatment and rehabilitation;
ii.Mental health assessment and treatment;
iii.Offender behaviour reduction programs;
iv.Supervision;
v.They also recommend an exclusion from loitering in school areas; and
vi.Linking with a Justice Plan.
Sentencing Submissions
81.Ms Roodenburg who appeared on your behalf submitted that the following factors should operate to mitigate your sentence:
i.Your early plea of guilty, the matter proceeded by way of straight hand up brief and no witnesses were cross-examined, as such has significant utilitarian benefit;
ii.Your plea was made in the face of the COVID backlog, and the principles in Worboyes have application;
iii.This is your first time in custody – your period of remand has been difficult, you have experienced periods of isolation and were unable to attend your grandmother's funeral. Your cousin also died during this period. She submits this has had a significant specific deterrent impact on you;
iv.Ms Roodenburg submits that Bugmy generally and limb 1 has application, your dysfunctional childhood, in which you were raised in circumstances of violence should operate to reduce your moral culpability and mitigate any sentence imposed;
v.Next, there is the factor of your mild intellectual disability, Klinefelter Syndrome;
vi.Verdins limbs 1,2,3 and 5 have operation;
vii.She submits that the principle of totality, taking into account that you pleaded guilty to rolled up charges should operate for Charge 3, should be largely concurrent with Charge 2;
viii.She submits that you have shown some remorse for your actions, it is accepted that you made mixed comments in terms of accepting your responsibility but you did make admissions in your record of interview, and expressions of remorse to Dr Best; and
ix.Finally, she submitted that the standard sentencing provisions should operate such that the offending is found to fall below the mid-range of sentencing for this offence.
82.Overall, Ms Roodenburg submitted that community protection and your rehabilitation would be best served by the imposition of a combination sentence with a Justice Plan attached to a CCO. If an immediate custodial sentence is imposed, it would be in the interests of justice for the Court to set a lower non parole period.
83.Ms MacDougall who appeared for the Crown submitted at the plea hearing that the only appropriate sentence was a term of imprisonment with a head sentence and non-parole period.
84.Notwithstanding the Crowns submission that the offending is extremely serious, in light of the new material obtained, and the time already served in custody, the Crown in more recent times concedes that a combination sentence would be open with the supervision and treatment proposed in the Justice Plan.
Analysis
85.Although there was some debate during submissions before me as to whether your childhood experience constituted profound deprivation; and also whether there was a nexus between deprivation and your offending, I am satisfied on the evidence of Dr Stubberfield, Dr Best and Dr Jabir that your childhood deprivation compromised your capacity to mature from learned experience.
86.Further I am satisfied on the opinions of Dr Best and Dr Jabir that your intellectual disability, overlapping with your Klinefelter syndrome and your major depressive disorder (mild) have combined to make your time in custody more burdensome than for those in the general prison population.
87.It is likely, from the medical material provided to me, and as the High Court considered in Muldrock,[11] that your intellectual disability reduced your ability to exercise appropriate judgement; that is to make calm and rational decisions, to think clearly, or appreciate the wrongfulness of your conduct, and it is further likely to have made you disinhibited and may therefore to have causally contributed to the offending. As I say, I consider such a conclusion should be found and is justifiable on the reports provided to me.
[11] Muldrock v The Queen [2011] HCA 39.
88.I consider that your prospects for rehabilitation are guarded. Whilst you pleaded guilty, and must be given credit for that and for the Worboyes principle, and for what you said to Dr Best, you have backtracked considerably from taking any responsibility for your offending: in that regard see the answers to Dr Jabir, in the community corrections extended assessment report about the offending. You seem, perhaps out of a resentment of your imprisonment on remand, to now implicate your father in sexual offending against you: see what you said to Dr Jabir.
89.Nevertheless, you have the pro social support of your mother, who is now herself in a stable relationship and you have available the network of support that will come with the NDIS, the Justice Plan and the supervised accommodation. In this way, according to Dr Best, you have a better chance of improving your behaviour within these highly structured environments.
90.After considering the whole of the material and taking into account the detailed submissions of your counsel and the considered and appropriate submissions made on sentence made by the Crown, I have decided to impose a combination sentence of imprisonment with a CCO.
91.I am required by s5(b)(5) Sentencing Act to refer to the standard sentence for the offence and explain how the sentence imposed relates to the standard sentence. I have considered the relevant standard sentence as one of the sentencing factors in my instinctive synthesis, but it has not assumed a dominant or determinative significance.
92.The sentence I am going to impose is lower than the standard sentence specified for each of the offences, but it should be clear from the lengthy examination that I have undertaken that I consider that it is the interests of justice in this case, and that those interests are best served by the imposition of a different lower sentence.
93.I have also read the Court of Appeal decision in Giri v R [2022] VSCA 64, where a combination sentence of imprisonment and CCO with a Justice Plan was approved by the Court of Appeal for similar charges for an offender with an intellectual disability.
Orders
94.Accordingly, the orders I make are as follows:
95.On each of Charges 1 and 2, you are sentenced to 12 months' imprisonment; on Charge 3, you are declared a serious sexual offender and on that charge I sentence you to a term of 12 months' imprisonment. I say expressly on Charge 3 that sentence is to be served concurrently on the sentences on Charges 1 and 2. I declare the period of 365 days already served.
96.I note the terms of s6E Sentencing Act – that once you are declared a serious sexual offender on Charge 3, the term of imprisonment must be served cumulatively, unless otherwise ordered. I note that this is a prima facie rule, and not merely a matter of interpretation.
97.Accordingly, in making the order for concurrency, I take into account:
i.The pre-sentence detention of 658 days already served across the three offences, of which only 365 days can be taken into account;
ii.The Crown attitude to the imposition of a combined sentence (in all of the circumstances); and
iii.The limits imposed by legislation on the period of imprisonment that can be imposed in combination with a community corrections order.
98.The declaration of serious sexual offender will be noted on the record of the courts.
99.In addition to that, Mr Taylor, I intend to impose a community corrections order for a period of 20 months. In relation to the community corrections order I intend to impose conditions for alcohol treatment and rehabilitation, mental health assessment and treatment, offender reduction programs, supervision, exclusion from loitering within school areas, and to link your CCO with a Justice Plan.
100.I understand that the conditions relating to a CCO have already been explained to you and you consent to the imposition of a CCO. Mr Taylor, can I ask you expressly now to tell me whether or not you consent to the imposition of a CCO linked to a Justice Plan?
101.OFFENDER: Yes. Yes, I consent, Your Honour.
102.HIS HONOUR: Thank you. All right, now there is a couple of things. The first, you have had the conditions of a CCO explained to you, as I understand, is that right?
103.OFFENDER: Yes.
104.HIS HONOUR: All right. So that means that you must not commit any offence whether in Victoria or outside Victoria that is punishable by a period of imprisonment, during the term of the order. Do you understand that?
105.OFFENDER: Yes I do.
106.HIS HONOUR: All right. Do you understand that you must receive visits from the Corrections, that is that they can come to your home, and you must report to them when they require you to report to them. Do you understand that?
107.OFFENDER: Yes.
108.HIS HONOUR: Do you understand that you must comply with all requirements imposed upon you by Corrections, they may be verbal or in writing, which are imposed upon you to comply with the order? Do you understand that?
109.OFFENDER: Yes, Your Honour.
110.HIS HONOUR: Do you understand that you must not leave the State of Victoria except with the permission of Corrections during the term of the order?
111.OFFENDER: Yes, Your Honour.
112.HIS HONOUR: All right. And then the directions that they give you, as I say may be verbal or they may be in writing, do you understand that?
113.OFFENDER: Yes, Your Honour.
114.HIS HONOUR: Mr Taylor, there is another thing I must explain. You can breach the order in one of two ways: you can breach the order by committing further offences punishable by imprisonment, even if the court that sentences you on that, does not impose a period of imprisonment. Do you follow what I mean by that? So if say for example you get charged with shoplifting, shoplifting is theft and it carries a maximum of 10 years' imprisonment. You might not get a sentence of imprisonment on the charge when you front up to the Magistrate's Court, but for the fact that it carries a maximum of 10 years' imprisonment, that is an offence that breaches this order. Do you understand that?
115.OFFENDER: Yes, Your Honour.
116.HIS HONOUR: And do you understand that you can breach the order by not complying with the order?
117.OFFENDER: Yes, Your Honour.
118.HIS HONOUR: Knowing that you can breach the order in either of those two ways, and that according to Corrections you carry quite a reasonable risk of re-offending, are you still committed to consenting to the order?
119.OFFENDER: Yes, Your Honour.
120.HIS HONOUR: All right, thanks for that. That being the case, Mr Taylor, I am going to make the order. I must also advise you as a consequence of your conviction, the provisions of the Sex Offender Registration Act are enlivened and the mandatory registration period is for life. So there are a lot of conditions that you are now going to have to comply with.
121.We will have the paperwork sent to the prison but you will be eligible for release, as I understand, today. So we will have that sent to you. Now just bear with me for a moment. I am just going to stand down for a moment.
122.I am aware, Ms MacDougall, that you are due somewhere else, but I just need to speak to my staff for a moment. So I am just going to stand down.
123.MS MacDOUGALL: Your Honour, I have raised this with my circuit judge and the matter has been listed for 10.30 here.
124.HIS HONOUR: Thanks very much. Well I still won't take long, Ms MacDougall, I do want to get you back so you can focus on your other matter.
125.MS MacDOUGALL: Certainly, Your Honour.
126.HIS HONOUR: I will just stand down.
127.(Short adjournment.)
128.Now I understand that Mr Taylor, you are going to be living in Wangaratta, is that right?
129.OFFENDER: Yeah.
130.HIS HONOUR: Very good, okay. Well let me make this absolutely clear. You have to report to the Wangaratta Community Corrections Centre within two clear days of being released. Do you understand that?
131.OFFENDER: Yes, Your Honour.
132.HIS HONOUR: If you don't, you will breach the order and you will come back before me. If you breach the order by not complying with the order, that is not sticking to the terms that I have just read out, or by committing a further offence, then you come back before me for re-sentence. You will be charged with breaching the order and I will re-sentence you on the original offending, and I can tell you from the seriousness of your offending you are looking at a further period of imprisonment. Do you understand that?
133.OFFENDER: Yes, Your Honour.
134.HIS HONOUR: And you understand the importance of reporting to Corrections and if you move, say you move address because I know that you are pretty keen to go and live in Shepparton if you can, if you move address, then you must let Corrections know within two clear days of moving, where it is you have gone to. And besides that because of all the registration requirements you have got to let the police know when you move as well. You are going to find life very different after these offences, Mr Taylor. You are going to find that you have moved into a whole new world, so you are going to have to do a lot of work to stay out of trouble. Do you follow?
135.OFFENDER: Yes, Your Honour.
136.HIS HONOUR: All right. Well that being the case, I will make the order in the terms I have ordered and ‑ ‑ ‑
137.MS MacDOUGALL: Your Honour, Your Honour I am sorry to interrupt. There is also the matter of a declaration pursuant to s6AAA.
138.HIS HONOUR: Yes, of course, thank you and there's also Ms MacDougall, I will make the forfeiture order in chambers. There is no opposition to that, Ms Roodenburg, at all?
139.MS MacDOUGALL: Thank you, Your Honour.
140.MS ROODENBURG: No there's not, Your Honour.
141.HIS HONOUR: The 6AAA declaration is but for the plea of guilty in this matter, all things being equal I would have imposed a term of imprisonment of five years with three years to serve.
142.MS ROODENBURG: Thank you, Your Honour. Your Honour, could I ask for you to repeat the total effective sentence? I didn't catch it and I was just wondering if Charges 1 and 2 - one year, thank you.
143.HIS HONOUR: Twelve months, 12 months, 12 months.
144.MS ROODENBURG: Thank you, Your Honour.
145.HIS HONOUR: All concurrent, with the reasons given for concurrency on Charge 3, notwithstanding his SSO on Charge 3, with a 20 month CCO combination sentence.
146.MS ROODENBURG: Thank you, Your Honour. Could I also ask if Your Honour would put a distance on the exclusion zone, so that Mr Taylor is clear about just how far away he should remain from school zones? So often a exclusion zone of 50 metres or something like that would be in place, and I am just concerned that if it's not clear - I don't want him to inadvertently breach.
147.HIS HONOUR: No. I think in this case a distance of - I believe it would be covered by the SORA requirements as well - so I don't want to interfere with that, but the school zone in my view should be no less than 350 metres.
148.MS ROODENBURG: Thank you, Your Honour.
149.HIS HONOUR: We will have the SORA paperwork sent to the prison immediately.
150.MS ROODENBURG: Thank you, Your Honour.
151.MS MacDOUGALL: May it please the court.
152.HIS HONOUR: Thank you. Thanks, Ms MacDougall, for your involvement in this and all the other matters over the course of the last number of months, I am very grateful.
153.MS MacDOUGALL: Thank you, Your Honour.
154.HIS HONOUR: You are now excused. Thank you, Ms Roodenburg, for your assistance in the matter. Do you want to stay on the line to speak to
Mr Taylor? Or no?155.MS ROODENBURG: Very briefly, Your Honour. That would be helpful, thank you.
156.HIS HONOUR: All right. Thank you, I will adjourn now.
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