Director of Public Prosecutions v Thompson

[2018] VCC 1699

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

AT BALLARAT
CRIMINAL JURISDICTION

CR 18-00682

DIRECTOR OF PUBLIC PROSECUTIONS

v

CAMERON THOMPSON (a pseudonym)

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Ballarat
DATE OF HEARING:
DATE OF SENTENCE:	15 October 2018
CASE MAY BE CITED AS:	DPP v Thompson
MEDIUM NEUTRAL CITATION:	[2018] VCC 1699

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 B. Nibbs
Accused	Mr N. Hutton

HER HONOUR:

1Cameron Thompson[1], you have pleaded guilty before me to two charges of rape, one charge of intentionally causing injury and one charge of rape by compelling sexual penetration.  This is pursuant to Indictment No. H13300611.

[1] Cameron Thompson is a pseudonym.

2You have also pleaded guilty to one charge of possession of child abuse material, and this is pursuant to Indictment No. J11669453.

3The facts underlying your offending are as follows.

4On 29 November 2017 the victim, Becky Stafford[2], received a private message in a social media application from a username she did not know, which she then blocked.

[2] Becky Stafford is a pseudonym.

5On 30 November 2017 she received another private message in Snapchat from user name "darkwolfcub" asking, "Can I cum on your tits for $200 cash?"  There was some conversation between the victim and this person, including you sending a photograph of your bank account - you being the person contacting the victim - which had a balance of $1,799.34.  Eventually messages were sent back and forth; you proposing a variety of sexual acts for different amounts of money and how you would pay.  Ultimately the victim refused your request to use zip ties, but agreed to sex, insisting that you use a condom and provided her address to you.

6At 1pm you drove to her house; the victim taking a photograph of your car and sending it to her friend.

7When the victim answered the front door she recognised you as Cameron Thompson, who she used to work with at McDonald's.  The two of you had a short conversation, you then stepped inside and shut the door behind you; the victim, at this stage, being in shock and a bit scared.  You leaned in, hugged and kissed her, and then the two of you went to her bedroom.  You told her to sit down, then kissed her, removed her underwear, got her to spread her legs and then licked her vagina, taking your own top off, then taking off the victim's top.  You performed various acts, such as sucking on her breasts and licking her vagina again, then removed your pants and masturbated your penis.  You said to her, "I can just continue to do this, but there'll be no money for you", then asked, "Can I rub my dick along there?", the victim understanding this to mean her vagina.  She did not believe you would insert your penis at this time because she had told you there would be no penetration without a condom.  At no stage did you ever use a condom.

8You then inserted your penis into the victim's vagina without her consent, which underlies part of Charge 1 - rape, which is a composite charge.  The victim pushed you back and said, "No, I don't want this", and you tried to continue to penetrate her while she moved back and said, "No, no, no" to you.  You then punched the victim several times to the face, hitting her right jaw area and the top of her forehead.  You punched her approximately four to five times, causing her pain and later bruising.  These actions underlie Charge 2 on the first indictment - H1330611 - intentionally causing injury.

9You then said to the victim, "If you don't let me do this I'll rape the fuck out of you".  She pushed you back with her feet and said, "Please just go" - at which time she was scared.  You said to her, "If you continue to let me lick you out I will go after".  The victim said "sure" and did nothing else because she believed there was no point in fighting you and was in shock.  You then inserted your tongue into her vagina without her consent, which underlies Charge 1 - the composite charge of rape on the first indictment.

10You then said, "Let me have one good thrust in you and I'll leave".  The victim asked if you would leave after that, you saying "yes".  You then tried to put your penis inside her.  Eventually you inserted your penis into her vagina - these actions are part of Charge 1.

11You then asked the victim, "Apart from me punching you have you enjoyed this?"  The victim replied "yes" because she was scared you would hit her again.  You then said to the victim, "Let me take a video of you playing with yourself so that you won't go to police".  You got out your phone, turned the victim's bedroom light on and started filming her.  The victim inserted her finger in her vagina due to fear of what you would do.  These actions underlie Charge 3 on the first indictment - rape by compelling sexual penetration.

12You made her say, "Cum in me daddy".  You then told the victim, "Put your mouth on my dick and I'll go", then inserting your penis into her mouth without her consent - these actions underlying Charge 4 on the first indictment - rape.  You were still filming the victim at this time.

13You then put on your clothes, stopped filming and apologised to the victim, saying, "Sorry, I got carried away", hugged her and kissed her.  You said, "Slap me or hit me in the face, I deserve it", which she refused to do.  She asked you to go and you told her, "Don't go to the police or I'll share the video", then left her home.

14The victim called her friend, at which time she was screaming "he raped me", telling her friend that her attacker had videoed the incident and she was worried about police becoming involved because you knew where she lived.  She then called a second friend, whilst crying, telling her that someone had broken into her house, raped her, and that he had a video.  Police were subsequently notified.

15Police attended at the victim's address at about 1.30 pm, speaking with her and photographing the scene.  She was then taken to the Ballarat Base emergency department by her mother for a forensic medical examination.  On arrival she saw you in the emergency department.  You had rolled your ankle on leaving her home and had coincidentally attended the hospital.

16You were arrested at the hospital about 3pm.  Your car was searched by consent, photographed, and zip ties were seized.  You were then taken to the Ballarat police station, where, in a record of interview, you made admissions to assaulting and raping the victim that day, telling police that you had communicated with her via Snapchat, discussed sexual acts for money, attended at her home, tried to insert your penis into her vagina, and when she resisted, had hit her three time, said the victim did not consent to the penetrations and admitted that you had made her play with herself, as you wanted to take a video.  You told police that as you had left her house you had rolled your ankle, which was the reason you attended at the hospital.  You have remained in custody ever since.

17The maximum penalty for rape is 25 years' imprisonment.

18The maximum penalty for intentionally causing injury is ten years' imprisonment.

19The maximum penalty for rape by compelling sexual penetration is 25 years' imprisonment.

20In relation to the possession of child abuse material, on 12 June 2018 your mobile phone was provided to Victoria Police e-crime by the informant and an analysis and download was conducted.  A number of images and videos were found on your phone.  There were a large number of videos and images of adult pornography, but there was also a selection of images which depicted children aged between four and five years, and up to 15 and 16 years, involved in penetrative and non-penetrative sexual acts with adults and other children.

21Overall there was a total of - sorry, it's a little hard to tell from here?

22MR HUTTON:  The number of videos?

23MR NIBBS:  I got 181.  Twelve and 169 is what I got, Your Honour.

24HER HONOUR:  Twelve hundred and sixty-nine?

25MR NIBBS:  No, sorry.  Twelve videos.

26HER HONOUR:  There were a total of 12 videos.

27MR NIBBS:  And 169 still images.

28HER HONOUR:  And 169 still images involving child abuse material.  One video, for example, depicting an adult male penetrating a girl aged approximately four to five years with his penis.  You declined to be interview for this offence.

29Sorry, when were the pleas entered, Mr Nibbs?

30MR NIBBS:  The pleas were entered today, but you'll see from the chronologies that ‑ ‑ ‑ 

31HER HONOUR:  I beg your pardon, yes.

32MR NIBBS:  They were certainly indicated from ‑ ‑ ‑ 

33HER HONOUR:  Was a contested committal conducted?

34MR NIBBS:  No, Your Honour.

35HER HONOUR:  All right.  The matter settled at a committal hearing on 3 April 2018 and no witnesses were cross-examined.

36You have no prior or subsequent convictions.

37I now turn to your personal circumstances.  You are now 28 years of age and were 27 at the time of this offending.  Your parents separated when you were about nine.  You lived with your father until you were ten or 11, and then lived with your mother, who had re-partnered with a violent man who, according to what you had told psychiatrist Dr Liam Turnbull - whose report is dated 15 June 2018 and was tendered on the plea - beat you nightly.  Indeed, you still suffer nightmares and distressing memories of your treatment at his hands.

38Thereafter followed a period of intense instability, where you and your mother moved 13 times in order to escape this man who stalked you.  Ultimately you and your mother moved to Victoria, together with a much younger brother who was born to that relationship, to live - at which stage you were aged about 13.  You stayed in Victoria until you were 15 or 16; in the process leaving school part way through Year 9.  You then returned to Townsville to live with your father, where you remained for two years until he died of cancer when you were aged 18.  Whilst living with your father you generally worked in unskilled areas, but established what was to become a fairly steady work pattern.  You worked at fast food outlets and as a cleaner at a hospital.

39In 2011 you returned to Victoria after the death of your father, lived briefly with your mother, and then moved out into share housing provided by the Lighthouse Foundation, which provides emergency accommodation to homeless young people.

40In the years after you returned to Victoria you continued that fairly steady work habit; working in unskilled labouring jobs and at fast food outlets such as McDonald's and Hungry Jacks.  You worked as a BP console operator and as a trolley retriever at a supermarket.  You have, your counsel told me, experienced some periods of unemployment, but generally speaking, have mostly been employed.

41Since being placed in gaol you have been housed at Hopkins Correctional Centre in Ararat, where you work full time on custom plates.

42It was Dr Turnbull's opinion that you suffer a condition on the autism spectrum, and apparently - according to your counsel - this is no surprise to you.  Your younger brother has been diagnosed with the same condition.

43In addition to the distressing memories of your mother's partner's behaviour towards you, you have suffered from a long-standing propensity towards anger.  At school, for example, when frustrated you would bang your forehead on the desk to the point of exhaustion.  Dr Turnbull described you as an extremely compliant interviewee but said it was clear that you had great difficulties with social interaction, and indeed over the years you have had few friends; your main friend being a young man named Shaun Rowe[3], with whom you shared a Department of Human Services unit in the last few years.

[3] Shaun Rowe is a pseudonym.

44It was noted that you saw a psychologist for some time when you were 13, at which stage you were diagnosed with post-traumatic stress disorder, depression and anxiety.  It was Dr Turnbull's view that although you still suffered distressing memories, you did not now have a diagnosable post-traumatic stress disorder.  He described you as a polite and co-operative man, although  "… clearly lacks the social skills in the sense of emotionally reciprocity, difficulties with elaboration, the tendency to speak in short, matter of fact prose, and a lack of verbal spontaneity".

45Dr Turnbull stated:

"I think overall this man has been utterly socially ill-equipped to fulfil his sexual needs with adult females, consenting partners and has resorted to online means of cajoling an initially willing partner with money".

46He said:

"That interaction with Becky" - that being the victim - "clearly went wrong, and his initial advances were apparently confronting when he arrived at the house.  He was allegedly threatening and violent.  His autism is not a complete explanation, but a modest partial explanation in his difficulty navigating what was initially a consenting sexual encounter.  He would have struggled to respond to the withdrawal of consent as smoothly as a participant without autism".

47It was Dr Turnbull's view that you were able to show some victim empathy and did express remorse for what you had done.  He stated that it was heartening that you did not have drug or alcohol abuse in your lifestyle.  He stated further that you had "an ability to express wrongdoing, some glimmer of understanding for the victim and openness to programs".  You told both Dr Turnbull and your counsel that you wanted to undertake some therapy and wanted to undertake a sex offender's program.

48Dr Turnbull said that you were "likely to take a very literal approach to therapy, and in my experience that can actually be quite helpful, as he will develop, in a sense, a rulebook about appropriate behaviour and situations that he should not re-enter".

49Dr Turnbull believes your risk of reoffending was currently up at the upper end because of a lack of therapy, but he said that "my overall anticipation is that if he engages appropriately, and applies himself fully, his risk will significantly reduce.  He has an employment history, and that also assists".

50It was Dr Turnbull's view that your autism would make you a vulnerable prisoner.  He also believes that if you were eventually transferred to somewhere like Corella Place you would also be considered one of the "more vulnerable inhabitants".  I took this to mean that because of your difficulties with social skills you are likely to run into troubles with other prisoners who might then turn their attentions upon you.

51Your offending has had a serious effect, unsurprisingly, on both the victim and her mother.  They have suffered from social isolation; there has been little help to them.  The victim's mother - and she is the primary breadwinner - has had to leave jobs because the lack of assistance and the knowledge of this tendency for her daughter to be blamed for what eventually happened to her; that including some condemnation from her own mother and an interference, therefore, in the relationship between the victim's mother - her own mother - and indeed, with her own daughter.  And this is entirely unsurprising; it must have been a terrifying episode for your young victim, however she came to be involved in it, and it can only be expected that the emotional effects will be ongoing for some time.

52Rape is an extremely serious crime.  This was a rape that also involved violence and several acts during what might have been a short period of time, but was nevertheless, I am satisfied, an intense and terrifying one.

53I do take into account the difficulties that you suffer from your autism.  I take into account your difficult history.  I take into account your co-operation with police.  It must be said you were extremely co-operative and frank with police in your record of interview.  This is not something that happens on a very regular basis in the court's experience in cases involving sexual assault and you are to be commended for that.  The victim has been spared the ordeal of giving evidence and being cross-examined and dragged through lengthy legal proceedings.  However in cases such as this general deterrence - that is, a term of imprisonment which sends out a message to other people as to what they can expect if they offend in the same way - dominate the sentencing exercise before me.

54I take into account both the mitigatory features and the overall seriousness of your offending.  I therefore sentence you as follows.

55On Indictment H13300611; in relation to Charge 1 you are sentenced to four years' imprisonment.

56On Charge 2 you are sentenced to eight months' imprisonment.

57On Charge 3 you are sentenced to two years' imprisonment.

58On Charge 4 you are sentenced to three years' imprisonment.

59The base sentence will be the sentence imposed on Charge 1.  I order that one year of the sentence imposed on Charge 3, one year and three months of the sentence imposed on Charge 4, and three months of the sentence imposed on Charge 2 be served cumulatively to the sentence imposed on Charge 1, giving a total effective sentence for that indictment a head term of six years and six months.

60In relation to Indictment No.J11669453 I sentence you to a term of 12 months.  That sentence will be served cumulatively to the sentence imposed on the indictment H1330061.  That's a Commonwealth sentence?  No, it's under the ‑ ‑ ‑ 

61MR NIBBS:  It's under the State legislation, Your Honour.

62HER HONOUR:  Yes.  And that gives a total effective of seven years and six months.

63I order that you serve a minimum term of five years and six months before becoming eligible for parole.

64Pursuant to s.6AAA I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of nine years, with a minimum term of seven years.

65MR NIBBS:  As Your Honour pleases.

66HER HONOUR:  Now, is there any other orders that I need to make?  Sex Offender's Register?

67MR HUTTON:  Yes, Your Honour.

68HER HONOUR:  That's discretionary in this case.

69MR HUTTON:  It is discretionary, but it would be a term of 15 years.

70HER HONOUR:  Look, I think in the circumstances he should be placed on the Sex Offender's Register.

71MR HUTTON:  Yes, Your Honour.

72HER HONOUR:  Yes.  I will place you on the Sex Offender's Register for a period of 15 years.  Thank you.  Have a seat please, Mr Thompson, while we prepare the documentation.

73MR NIBBS:  There was also the disposal of the mobile telephone, Your Honour.

74HER HONOUR:  Yes.

75MR NIBBS:  I think that was the only ‑ ‑ ‑ 

76HER HONOUR:  Yes, I've got a disposal order here and a forfeiture order.

77MR NIBBS:  Yes.  That's right, there was the items including zip ties, clothing, and other materials that were seized for the disposal order, and the forfeiture order is for the mobile phone.

78MR HUTTON:  Might I approach him, Your Honour?

79HER HONOUR:  Yes, certainly.  Is there anything further?

80MR NIBBS:  Yes, Your Honour.  Declaration of the PSD; 319 days.

81HER HONOUR:  I declare that 319 days of this sentence have already been served by way of pre-sentence detention.

82I should add that I also note that you have been feeling isolated in prison.  You have been visited by your friend, Mr Rowe.  Your mother has visited a couple of times from Townsville and I understand there's an intention to move to Victoria once this sentence has been passed down.

83MR NIBBS:  And the serious sexual offender ‑ ‑ ‑ 

84HER HONOUR:  Yes.  I declare that you - as per Charge 4 you are sentenced as a serious sexual offender.

85MR NIBBS:  Thank you, Your Honour.

86HER HONOUR:  Yes, thank you.  We will adjourn to 9.30 tomorrow morning.  Thank you.

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