Director of Public Prosecutions v Titheridge

[2014] VCC 1509

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

AT BENDIGO
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

BENJAMIN JAMES TITHERIDGE

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Bendigo
DATE OF HEARING:	2 September 2014
DATE OF SENTENCE:	2 September 2014
CASE MAY BE CITED AS:	DPP v Titheridge
MEDIUM NEUTRAL CITATION:	[2014] VCC 1509

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Jones	O.P.P.
For the Accused	Mr D. Cronin	Victoria Legal Aid

HIS HONOUR: 

1Benjamin James Titheridge, you have pleaded guilty to three counts of procuring a minor for child pornography contrary to s.69(B) of the Crimes Act 1958.  The maximum penalty for that offence is ten years' imprisonment.  You have also pleaded guilty to one count of possession of child pornography contrary to s.70(1) of the Crimes Act 1958.  The maximum penalty for that offence is five years' imprisonment.

2You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence.  I also accept that your early plea evidences your remorse for your offending and you have spared your victims the indignity of having to endure a trial in relation to these matters. 

3You have no prior convictions, no subsequent convictions and there are no charges outstanding in your case.

4A summary of prosecution opening was read to the court and tendered in evidence and your offending may be briefly summarised as follows: 

5Between January 2012 and January 2014, you procured three victims to provide images to you of themselves in sexually explicit positions and poses.  You persuaded them to do this by persistent contact, including text messaging and emailing.  You made offers of money to your victims and also suggested that images of them would be forwarded to others unless they provided further images to you.

6Your victims were persons or girls of 16 years of age who you had met either online or at school.  Following complaints to the police by one of your victims, police executed a search warrant at your home on 24 January 2014.

7Examination of your computer and associated equipment revealed images of two other young women in sexually explicit poses and such material obtained by investigating police forms the evidence in support of Charge 4 on the Indictment.  Other pornographic material was also located on your computer, but it was not in relation to children. 

8Your offending involved the exploitation of young women for your personal gratification and it must be denounced by this court.  I have received in evidence victim impact statements of one of your victims and victim impact statements from her mother and stepfather.  I accept that your offending has had a deeply traumatic effect on her and I further accept that your offending would have had a deeply traumatic effect on your other victims.  Offending of this nature, however it is described, is becoming prevalent in our community and the sentence I impose must be calculated to deter you and others from offending in this way.  You must also be punished for what you have done.

9I now turn to your personal circumstances.  You were born on 8 February 1994 and you are now aged 20.  You were aged between 17 and 19 at the time of your offending.  Accordingly you are a young first offender and your future rehabilitation is a very significant sentencing consideration for this court.  As I observed during the course of the plea in mitigation, imprisonment for a person such as you is the last resort in sentencing, reserved for cases of considerable gravity.  That is not to say that your offending in this instance is not serious, but nevertheless I must have regard to rehabilitation as the primary sentencing consideration in your case.

10Your parents separated when you were six months old and you are an only child.  I heard evidence from your father, Mr Raymond Titheridge, regarding your development and I accept that you are a quiet person who generally keeps to yourself.  It would appear that you have become socially isolated and I accept that your offending is in part a product of this.  It would appear that you lived in, in some ways, a fantasy world on the internet - and this also contributed to your offending.  During your youth and development years you were obese and indeed you are still obese.  This has led to a degree of bullying in your case and I accept that this has also led to your social isolation.

11I have received in evidence psychiatrist report of Dr Kevin Ong, a consulting and treating forensic psychiatrist.  Dr Ong has examined your development and provided an opinion regarding your current psychiatric state.  It would appear that you have experienced periods of polysubstance abuse disorder, but this is now being managed by you.  It would appear that your substance abuse disorder also contributed to your offending and was directly related to your low self-esteem, which has been caused by your obesity and disrupted development.  In Dr Ong's opinion, incarceration would plainly contribute to your low self-esteem and I accept that incarceration would inevitably compromise your future rehabilitation.

12I have also received in evidence a number of character references and I accept that you are now endeavouring to lead an active, engaged life. 

13Having regard to the primacy of rehabilitation in the sentencing task that I face in this case, I had you assessed for suitability for placement on a community correction order.  Corrections Victoria has assessed you as being suitable for placement on such an order and, in my opinion, the purposes for which this sentence is to be imposed will be achieved by me releasing you on such a disposition. 

14Do you consent to being placed on such an order, Mr Titheridge?

15OFFENDER:  I do.

16HIS HONOUR:  Yes.  In the result, the sentence of the court is as follows-

17On the four charges on the indictment, you are convicted and sentenced to be released on a community corrections order for a period of 18 months on the usual core conditions.  I further direct that you perform 70 hours' unpaid community work during the course of the order, that you undertake treatment and rehabilitation as directed for drug use, that you undertake treatment and rehabilitation as directed for alcohol use, that you undertake treatment and rehabilitation and assessment as directed in relation to your mental health, and I further order that during the period of the order you undertake a Sex Offenders program.

18You will be required to report to the Geelong Office of Corrections within two days of the making of this order.  My associate will provide you with a copy of the order, Mr Titheridge. 

19HIS HONOUR:  Mr Titheridge, you will also be placed on the Sex Offenders Register for life by reason of your conviction in respect of the charges on the indictment.  My associate will provide to you information regarding your obligations in that respect. 

20HIS HONOUR:  Mr Titheridge, your counsel will explain to you your obligations in relation to the CCO.  I am going to make what is called a s.464ZF order.  When that order is in proper form, it will be signed by me.  That order will oblige you to provide a sample, a forensic sample, to police within a specified period of time.  You will have to attend at a police station near where you live.  The sample will be a scraping taken from inside your mouth.  The police are entitled to use reasonable force to take such a sample, so plainly it is in your best interests to cooperate and provide that sample.

21The order will be provided, as I say, to the Office of Public Prosecutions and you can either - your solicitors can liaise with that office in order to make arrangements for you to provide that sample.  All right?  It is very important that you comply with the community corrections order.  The conditions are intended to assist your rehabilitation and provide for the protection of the community in that way. 

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