Director of Public Prosecutions v Treadway (a pseudonym)
[2024] VCC 826
•7 June 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| KELVIN TREADWAY (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | Trial 9 – 23 August; Plea 1 November 2023, 22 January 2024; Mention 10 April 2024; Further Plea 13 May 2024. | |
DATE OF SENTENCE: | 7 June 2024 | |
CASE MAY BE CITED AS: | DPP v Treadway (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 826 | |
REASONS FOR SENTENCE
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Subject:Criminal Law – Sentence
Catchwords: Guilty verdicts following trial by jury – Convicted of four offences of make threat to kill, two offences of incest, two offences of sexual penetration of a child under 16 and seven offences of indecent act with a child under 16 – Victim aged between six and eight and step-child of the offender – Significant breach of trust – Six separate incidents – Offending involved some preplanning and financial bribes – High moral culpability – Limited criminal history – Sentenced as a serious violent offender and serious sexual offender – Registration for life.
Legislation Cited: Crimes Act 1958; Sentence Act 1991; Sex Offenders Registration Act 2004.
Cases Cited:Caulfield (a pseudonym) v The King [2023] VSCA 76; Gordon v R [2013] VSCA 343; Boxer (a pseudonym) v The Queen [2021] VSCA 300; Nelson (a pseudonym) v The Queen [2020] VSCA 36; DPP v Torres (a pseudonym) [2021] VCC 1136; DPP v Waring (a pseudonym) [2021] VCC 1419; DPP v Chester (a pseudonym) [2018] VCC 1713; DPP v Douglas (a pseudonym) [2021] VCC 893; Grantley (a pseudonym) v The Queen (2018) 272 A Crim R 340; Carter (a pseudonym) v The Queen (2018) 272 A Crim R 170.
Sentence: Total effective sentence of 14 years and 10 months’ imprisonment with a non-parole period of 10 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms P. Thorpe | Office of Public Prosecutions |
| For the Accused | Mr A. Marshall Mr S. Russo (Sentence) | Gallant Law |
HIS HONOUR:
1Kelvin Treadway,[1] on 23 August 2023, you were convicted by a jury[2] of four charges of making a threat to kill,[3] two charges of incest,[4] two charges of sexual penetration of a child under 16[5] and seven charges of indecent act with a child under 16.[6]
[1] A pseudonym.
[2]The indictment alleged 19 charges, four of them were alternatives (charges 4, 6, 15 and 17) which did not require a verdict.
[3]Contrary to s 20 Crimes Act 1958 (Charges 1, 2, 12 and 13).
[4]Contrary to s 44(2) Crimes Act 1958 (Charges 3 and 5).
[5]Contrary to s 45(1) Crimes Act 1958 (Charges 14 and 16).
[6]Contrary to s 47(1) Crimes Act 1958 (Charges 7, 8, 9, 10, 11, 18 and 19).
2The offence of incest carries a maximum penalty of 25 years’ imprisonment. The offences of sexual penetration of a child under 16,[7] indecent act with a child under 16 and make threat to kill carry a maximum penalty of 10 years’ imprisonment.
[7]The maximum is 10 years imprisonment and not 25 years as stated in [6](d) of the prosecution’s written submissions (Exhibit B). This is because the prosecution failed to allege the aggravating factor of the victim being under 10 on the indictment.
Circumstances of the offending
3It now falls upon me to sentence you in respect of the offending of which you were found guilty.
4You will be sentenced on a basis consistent with the verdict of the jury. Your counsel accepted that this means you will be sentenced on the evidence your victim gave at trial in respect of the offending.
5The 15 offences occurred over six separate incidents at three different locations between 15 March 2014 and 25 December 2016. At the time of the offending, the victim was aged between six and eight. You were aged between 32 and 35.
6Candice Barton[8] and her partner, Wade Evans[9] had two children together. Their son was born in 2007 and their daughter, Adrienne,[10] was born in March 2008. Adrienne’s parents separated in 2010 and Mr Evans moved out of the family home.
[8] A pseudonym.
[9] A pseudonym.
[10] A pseudonym.
7Ms Barton met you in November 2011 and you commenced a relationship. You moved in with Ms Barton and her children in their Moe home in May 2012. For a short period, your two children also lived at the address.
8In May 2015, Ms Barton, her two children and you moved to a new house in Churchill. While living there, Ms Barton became pregnant with your child.
9In December 2015, the family moved to an address in Wyndham. Your daughter was born in February 2016.
10Around 2016, while still living with Ms Barton, you commenced a new relationship. Ms Barton found out about the relationship around August 2016. You moved out of the family home. However, you ended up moving back in and were joined by your new partner.
11In December 2016, Ms Barton and her three children left home to spend Christmas with the children’s grandmother. They decided not to return to the Wyndham home.
Offending at the Moe address – Charges 1, 2, 3, 5 and 7
12Around Adrienne’s sixth birthday in March 2014, you were at home with her. Adrienne’s mother and brother had gone out. You yelled at Adrienne telling her to put on her Lalaloopsy birthday dress. You told her if she did not comply, you would kill her mother and her brother (Charges 1 and 2). Adrienne complied and began to put on her dress. You were present with her in the same room. As she was putting her dress on, your friends turned up at the door. You told Adrienne to play with her toys and left the room to answer the door.
13You sat with your friends in the lounge room. After they left, you told Adrienne to join you in the lounge. When she arrived, you told her to take her underwear off. You then lay on top of her. At some stage, you gave Adrienne $70 and told her to shut up about it. You used your fingers to touch and poke her vagina (Charge 3). You then spread her legs and licked her vagina with your tongue. She described you licking her vagina feeling ‘like a snail trail that had been all dried up.’ (Charge 5). You then moved your erect penis towards Adrienne’s vagina. She pushed you away telling you it wasn’t the right thing to do, but you did not listen to her. Your penis was close to her vagina but it did not touch it (Charge 7).
Offending at the Churchill address – Charge 8
14In 2015, when the family were living at the Churchill address, there was an occasion when Adrienne’s mother and her brother were away from the house and Adrienne was making school lunch for the next day. At some stage, Adrienne went into her mother’s bedroom to get her jumper. You followed her into the bedroom. While she was on the bed, you kissed her on her neck and on her mouth (Charge 8).[11]
[11]Charge 8 relates to kissing her on the mouth.
Offending at the Wyndham address – Charges 9, 10, 11, 12, 13, 14, 16, 18 and 19.
15The remaining offending occurred between December 2015 and December 2016 at the Wyndham address on four separate occasions. Apart from the last occasion, the offences on the first three occasions at this address, occurred when Adrienne’s mother was not at home.
16There was an occasion when Adrienne was feeling angry and cut her hair in her mother’s ensuite bathroom. She then went into her mother’s bedroom to get her charger. You were present in the bedroom. You walked over to the bed and told Adrienne to stay. You removed your penis from your pants and began masturbating in front of her. You ejaculated on the bed. Adrienne described that as ‘juice’ and ‘stuff’ coming out of your penis. You said ‘holy shit’ and, ‘we’ll do it later’ and told Adrienne to go to her room. You said you needed to clean up the mess before her mother returned home and went to the bathroom to get a towel (Charge 9).
17On another occasion, Adrienne was sitting on the bed in her mother’s room when you entered and joined her on the bed. You removed your pants and underwear and exposed your erect penis. Adrienne got off the bed, but you grabbed her hand and forced her to touch your penis. You instructed her to masturbate you in a pulling motion ‘up and down’. As this was happening, Adrienne’s mother returned home. You pulled up your pants. Adrienne washed her hand and returned to her room to play with her toys (Charge 10).
18On another occasion, you followed Adrienne into the laundry and shut the door. You removed your pants and underwear and told Adrienne to grab your penis and rub it. Adrienne held your penis in her hand moving it back and forward. As her mother returned home, you put your pants back on and left the laundry, saying to Adrienne ‘I’ll do it again later’. She responded, ‘No, we won’t’ (Charge 11).
19The last occasion when you offended against Adrienne was before she moved out of the Wyndham house with her mother and brother on 25 December 2016. On this occasion, Adrienne’s mother was at home. Adrienne had gone into her room to go to bed. You followed her, saying you were going to read her a book. At the time Adrienne was lying under the covers. You pulled the covers off her, sat on the bed and spread her legs open. You threatened to kill her mother and her brother if she did not comply (Charges 12 and 13). You told her to remove her shorts and underwear and that you would give her $50 to keep her mouth shut. You also removed your pants and underwear. You lay on top of her and touched her vagina with your fingers putting them ‘in her private spot’ moving it up and down and ‘playing’ with her vagina (Charge 14). She told you to stop, but you continued by licking her vagina with your tongue. She described this in her evidence as feeling ‘like a snail’s trail or slime’ (Charge 16). You then kissed her on her neck and mouth (Charge 18[12]) and placed your penis close to her vagina (Charge 19).
[12]Charge 18 relates to kissing her on her mouth.
20At some stage, Adrienne’s mother knocked on the bedroom door and said, ‘that sounds like a pretty funny story’. You put your pants back on and left the room. Adrienne went back under the blanket and put her undies and her pants back on.
21I accept the victim’s evidence that the offending of which you have been convicted occurred against a backdrop of other uncharged sexual offending.[13]
[13]Therefore, it was not isolated to the six occasions only.
22It was on 5 January 2018, when as a result of an incident involving the neighbours children, Adrienne became upset. She revealed the abuse that she had suffered at your hands to her mother and others. This was revealed, both orally and in writing.[14]
[14]See Exhibit F tendered during the trial.
23On 8 January 2018, Adrienne made a VARE[15] statement to the police.
[15]Visual and Audio Recorded Evidence (‘VARE’).
24You were arrested and interviewed by the police on 25 June 2019. You denied the offending.
Impact of the offending
25A victim impact statement was read aloud in Court by your victim.[16] It comes as no surprise that your offending has had, and continues to have, a devastating impact upon her. The memory of the abuse remains with her. She states:
I’ll never be the same person or the person I could have been because of you. I struggle with anxiety and mental health because of you.
[16]Exhibit A.
26She struggles to fall asleep at night. She is fearful of the dark and suffers from nightmares. She feels on edge all the time, fearing she could be hurt again. Innocent touching by others on her shoulders brings back memories of your abuse. At times she cries uncontrollably; on other occasions, she zones out and struggles with fits of rage. There are days at school when she cannot concentrate as she is thinking about the past and is forced to go home. Her younger stepsister reminds her of you such that she has not been able to form a meaningful relationship with her.
27I hope you realise the pain and devastation you have caused in your young victim’s life.
28I would like to say that Adrienne was an impressive witness. She is an intelligent and articulate young girl, and one hopes that she is able to move on as best she can and lead a successful life.
Background
29I have had regard to your background as set out in your counsel’s written submissions and in much more detail, in Mr Candlish’s psychological report.[17]
[17]Exhibit 2.
30It is clear that you endured an unsettled childhood. Your mother left you at your paternal grandparents’ doorstep when you were a baby. She played no part in raising you. You had some brief contact with her in your twenties and just prior to her death in 2018.
31While in primary school, you recall spending some time in foster care. However, through most of your childhood you lived with your paternal grandparents and father,[18] and have generally positive memories of that period. You have an older sister and a younger brother.
[18]Your father lived with his parents.
32Your grandmother had dementia. After your grandfather passed away, as a teenager, you lived in a hostel. At some stage, your father contacted you and you went and lived with him on a farm where he was working.
33Due to re-locations, including a period in foster care, you attended three different primary schools. You struggled with concentration at high school and were diagnosed with attention deficit hyperactivity disorder. You experienced some bullying and got involved in the wrong crowd leading to truancy during Year seven and the start of Year eight, when you then left school.
34After leaving school, you worked for two years in the same plastering company as your father. You then took some time off work to care for your grandmother. Your aunt eventually took over the care of your grandmother telling you to go and lead your life.
35You then worked in various places including factories, farms and in traffic control. Since 2014, you have been employed as a truck driver.
36Other than cannabis use, which you last smoked some twenty years ago, you have had no issues with illicit substances. You drank alcohol heavily in your twenties over a two year period. You stopped as a result of the expense involved.
37You have no mental health issues and enjoy good physical health.[19]
[19]Other than having your gallbladder removed in 2014.
38You have had a number of relationships. Your first long term relationship commenced in 2008. You lived with your partner for two and a half years and together you had a son and a daughter. The relationship ended after you met Adrienne’s mother. You have not seen your children since 2019.
39I have already dealt with your relationship with Adrienne’s mother. You married your next partner, whom you met when you were still with Ms Barton. You moved to Tasmania with her to be near her family. You have a son together. You separated in 2020 and met Ms Reed[20] in 2022. I have had regard to Ms Reed’s reference dated 4 October 2023.[21] Sometime after your remand in custody, this relationship also ended.[22]
[20]A pseudonym.
[21]Exhibit 3.
[22]See Mr Candlish’s addendum report dated 23 April 2024 (Exhibit 4) [14].
Criminal history
40You have a limited criminal history consisting of three appearances before the Magistrates Court. On 3 May 1999, you were placed on an adjourned undertaking without conviction for an offence of sexual penetration of a child between 10 and 16 and wilful trespass in a public place. On 20 November 2007, you were again placed on an adjourned undertaking with conviction for an offence of burglary and theft. On 23 December 2016, you were convicted and fined for an offence of criminal damage and unlawful assault.
41I note that the offence of sexual penetration of a child occurred a long time ago when you were only 17 years old. It occurred in circumstances where you were in a mutual relationship with a 14 year old girl. I accept it has very limited weight in the sentencing exercise before me.
Objective gravity and sentencing purposes
42As the Courts have repeated again and again, the offending you committed is inherently serious and strikes at the heart of the familial obligation to protect and nurture children.[23]
[23]Caulfield (a pseudonym) v The King [2023] VSCA 76 [29] (Beach, Niall and Kaye JJA).
43You offended against an extremely young and vulnerable girl. She was only six years old when the first incident involving penetrative acts occurred in Moe. She was eight years old when the last incident, also involving penetrative acts, occurred in Wyndham. You were her stepfather and remained a parental figure, living in the same house even after your relationship with Ms Barton ended. Not only were you her stepfather and parental figure, there was also a significant age discrepancy between you and Adrienne. The young girl was entitled to your support, guidance and protection. Instead, you breached that trust she and her mother had in you in the most appalling manner. You manipulated her and utilised her in order to fulfill your self-centred and perverted sexual desires, having absolutely no regard for her well-being.
44The offending was accompanied by financial bribes to ensure she remained silent. Threats to kill her mother and brother were made in order to ensure her compliance.[24]
[24]I am mindful to avoid double punishment.
45Any child is entitled to feel safe and comfortable in their surroundings. Yet you abused Adrienne over a significant period of time within the very walls she called home. You had time to reflect and stop the abhorrent offending but you persisted. On occasions,[25] she made it plain she wanted you to stop by pushing you or trying to push you away but you continued.
[25]Charges 7 and 19.
46I find that there was an element of planning involved. You took the opportunity to offend when her mother had gone out. In respect of the last incident, when her mother was home, you committed the offending under the false pretence of reading her a bed time story.
47The offending for which you are to be sentenced was not isolated to the six occasions but represented a part of other uncharged sexual acts.[26]
[26]I am only sentencing in respect of the charges upon which you were convicted but it cannot be submitted they were isolated occurrences.
48The ongoing impact upon a young victim who is sexually abused is well recognised. In this case, I have a victim impact statement setting out the trauma that your callous and repulsive offending has caused her.
49This was plainly very serious offending. Our community calls upon such offending to be denounced in the strongest terms and punished justly. That necessarily requires the imposition of a significant term of imprisonment. There can be no argument to the contrary.
50The sentence I impose must act to send out a clear message to those who may be minded to commit such abhorrent offending that the consequences will be severe. The fact that the offending occurred over a period of time involving many incidents requires any sentence to also specifically deter you from any further similar re-offending.
51In The Queen v DP[27], the Court of Appeal stated:
Specific and general deterrence assume great significance as sentencing considerations, putting it bluntly, those who exploit and abuse young children must anticipate that the response of our society, which our courts represent, will be severe.
[27][2007] VSCA 219 [46] (Vincent J).
52It is clear, that your moral culpability for this offending is very high.
Matters in mitigation
53I have had regard to the following material tendered on your plea:
(i)Outline of Plea dated 13 January 2024.[28]
(ii)Psychological report dated 23 October 2023 prepared by Mr Simon Candlish.[29]
(iii)Addendum psychological report dated 23 April 2024 prepared by Mr Simon Candlish.[30]
(iv)Reference from Donna Reed dated 4 October 2023.[31]
[28]Exhibit 1.
[29]Exhibit 2.
[30]Exhibit 4.
[31]Exhibit 3.
54Your counsel’s submissions were brief. There was very little that could be said by way of mitigation.
55You were convicted following a trial. I note that you maintain your innocence.[32] You were entitled to contest the matter. However, it means that I am not able to give you any discount that would have been attached to a plea of guilty. There is no evidence you are remorseful.[33]
[32]Exhibit 2 [11].
[33]The fact you didn’t plead guilty and have not shown any remorse simply deprives you of a mitigating factor and does not aggravate the offending in any way.
56I have had regard to the psychological reports prepared by Mr Simon Candlish.
57According to Mr Candlish’s report you present with good physical health and have no mental health issues. Your counsel did not rely upon any Verdins[34] submissions. Acknowledging your unsettled background during your formative years, your counsel neither sought to rely upon any Bugmy[35] based submissions.
[34]R v Verdins (2007) 16 VR 269 (‘Verdins’).
[35]Bugmy v The Queen (2013) 249 CLR 571.
58You told Mr Candlish that your victim and her brother were ‘great little kids’ and that you were a father figure to them. You treated them like your own children.[36]
[36]Exhibit 2 [50].
59In terms of risk assessment, Mr Candlish opined that you are of average risk of being charged or convicted of another sexual offence according to the Static –99R risk assessment tool.[37] On the more structured professional judgement of risk assessment utilising the Risk for Sexual Violence Protocol (RSVP V2), according to Mr Candlish, your risk of similar offending was lower. Overall he considered you to fall in the low-risk category for sexual offending.[38]
[37]Ibid [67].
[38]Ibid [84].
60However, in terms of future risk, Mr Candlish made the following observations:
Mr [Treadway’s] index sexual offending is difficult to conceptualise in part due to his denial and his lack of self-awareness. He has sexualised his de facto partner’s daughter due to his ongoing contact with the victim. He has struggled with maintaining intimacy and communication in his relationship and has inappropriately oriented himself towards the victim. This behaviour is clearly reflective of deviant arousal. It is less clear if such arousal represents an entrenched pattern of sexual interest in children or situational deviant arousal in the context of his cognitive deficits and impaired empathy (partly related to his cognitive issues and lack of education) and his social and emotional under development.[39]
Any ongoing reinforcement of any deviant arousal to female children and any ongoing problems managing any entrenched deviance could perpetuate his risk. Any ongoing and unsupervised contact with female children could perpetuate his risk. Ongoing problems in the area of intimate relationships and sustained feelings of alienation could perpetuate his risk.[40]
[39]Ibid [91].
[40]Ibid [93].
61At the time Mr Candlish prepared his initial report dated 23 October 2023, he was unaware of an outstanding matter involving sexual offending in March 2008 where the victim was the 12 year old daughter of an ex-partner. I was informed that this matter has resolved to a plea to an offence of indecent act with a child under 16 on an agreed summary.
62As a result of this development, and the fact that the 2008 matter was relevant to the question of your rehabilitation, Mr Candlish saw you again on 17 April 2024 and prepared an addendum report dated 23 April 2024. Despite now being aware of this 2008 matter, Mr Candlish maintained that your risk for further sexual offending fell into the low-risk category. The prosecution requested a further hearing in order to cross-examine Mr Candlish on his findings as to risk. Mr Candlish gave evidence at a further plea hearing on 13 May 2024.
63Mr Candlish was referred to [48] of his addendum report which reads:
Mr [Treadway’s] index sexual offending is difficult to conceptualise in part due to his denial and his lack of self-awareness. He has sexualised two of his prior partners’ daughters, likely due to his ongoing contact with the victim’s and possible issues within his intimate relationship and a deviant arousal to these children. He has struggled with maintaining intimacy and communication in his relationship and has inappropriately oriented himself towards his victims.
64Mr Candlish accepted that you present as someone who can be sexually aroused by female children.
65Whilst maintaining his findings as regards to risk, Mr Candlish conceded that any potential risk would increase in circumstances where you were in a relationship with a mother of a female child and had unsupervised access to the child.[41]
[41]See Exhibit 4 [35], [37] and [51].
66I have had regard to the chronology of this matter set out in the prosecution submissions for plea dated 18 January 2024. Whilst not in the chronology, your victim was questioned by the police on 8 January 2018. You were not interviewed by the police until 25 June 2019. You appeared before the Magistrates Court for a Filing Hearing on 13 December 2019 and were committed to this Court on 19 March 2020. The pandemic caused considerable delay in the resolution of this matter. The first trial, listed on 25 May 2022, resulted in the jury being discharged due to 3 jurors contracting Covid.[42] The matter was again listed for trial on 23 January 2023. On this occasion, after several days of deliberations, the jury were unable to reach any verdicts and were discharged.
[42]The jury were discharged at a late stage when there were out deliberating.
67Your trial commenced a third time on 9 August 2023. On this occasion, you were convicted of all 15 charges on 23 August 2023 and remanded in custody.[43]
[43]As already stated, the four alternatives did not require consideration.
68The matter was adjourned for a plea hearing on 1 November 2023. However, at the request of your counsel, the plea hearing was adjourned to 22 January 2024. This was to enable a neuropsychological assessment to take place.[44]
[44]Ultimately, a neuropsychological assessment took place but was not relied upon on your plea.
69The plea hearing proceeded on 22 January 2024. Following confirmation that you were pleading guilty to a sexual offence dating back to 2008, a further report in relation to risk assessment was obtained from Mr Candlish. As indicated earlier in these reasons, Mr Candlish gave evidence at a further plea hearing on 13 May 2024.
70As the chronology indicates, there has been significant delay in the finalisation of your matter. During the course of your three trials, you travelled to court from Tasmania. The travel caused you significant financial strain. You lost your employment due to having to appear at court. I accept that the matter has been hanging over your head for a considerable period of time causing you anxiety and financial stress.
71The offending occurred between March 2014 and December 2016. You have not been in any trouble since this offending. This has relevance to the question of your rehabilitation. Since the offending, you have maintained employment and were in a stable relationship with Ms Reed. I have had regard to Ms Reed’s reference. I note that the relationship has now ended.[45]
[45]Exhibit 4 [14].
72You are now aged 42. While, I of course bear in mind your rehabilitation, there are more significant and punitive aspects of sentencing that must remain firmly at the forefront.
73In respect of your rehabilitation, I am unable to express great confidence. It is hoped you develop insight and take advantage of the sexual programs that you will be required to undertake in prison.
74I was told by your counsel, that you have settled in custody. You have completed a number of courses and have been working delivering meals and laundry to other inmates.
75I also take into account that you have enjoyed a lengthy and solid work history. In addition, your voluntary work with the Country Fire Association, which involved travelling interstate, demonstrates your community spirit.
Serious sexual and violent offender provisions
76Pursuant to s6B of the Sentencing Act 1991, upon conviction and being sentenced to a term of imprisonment on Charge 1, you fall to be sentenced as a serious violent offender on Charges 2, 12 and 13. In addition, upon being sentenced to a term of imprisonment on Charges 1 and Charge 3, you fall to be sentenced as a serious sexual offender on the remaining offences from Charges 5 onwards.[46] Pursuant to s6D of this Act, in determining the length of any sentence on Charges 2, 5 and onwards, I must regard community protection as the principal purpose for which the sentence is imposed. It has not been suggested, and nor do I consider it appropriate in this case, that a disproportionate sentence is necessary to achieve the protection of the community.
[46]Charges 5, 7, 8, 9, 10, 11, 14, 16, 18 and 19.
77Pursuant to s6F(1) of the Sentencing Act, your status as a serious violent and sexual offender is entered into the records of the Court.
78Pursuant to s6E of the Sentencing Act, there is a presumption of accumulation with regards to sentencing for serious violent and serious sexual offender offences. However, I must bear in mind the overarching principle of totality and the need to avoid a crushing sentence. I must ensure that the totality principal is applied in a manner that does not undermine the legislative policy inherent in s6E of the Sentencing Act.[47]
[47]Gordon v R [2013] VSCA 343 [74].
Sentencing
79It is clear that a substantial term of imprisonment involving a head sentence and a non-parole period is inevitable. I have had regard to the table of comparable cases provided by the prosecution.[48] I have also considered sentencing cases referred to in Nelson (a pseudonym) v The Queen [2020] VSCA 36.[49]
[48]Caulfield (a pseudonym) v The King [2023] VSCA 76; Boxer (a pseudonym) v The Queen [2021] VSCA 300; Nelson (a pseudonym) v The Queen [2020] VSCA 36; DPP v Torres (a pseudonym) [2021] VCC 1136; DPP v Waring (a pseudonym) [2021] VCC 1419; DPP v Chester (a pseudonym) [2018] VCC 1713; DPP v Douglas (a pseudonym) [2021] VCC 893.
[49]In particular, Grantley (a pseudonym) v The Queen (2018) 272 A Crim R 340 and Carter (a pseudonym) v The Queen (2018) 272 A Crim R 170.
80Having taken into account all relevant circumstances and factors, Mr Treadway, you are convicted on all charges and sentenced as follows:
81On Charge 1, make threat to kill, you are sentenced to 2 years and 3 months’ imprisonment.
82On Charge 2, make threat to kill, you are sentenced to 2 years and 3 months’ imprisonment.
83On Charge 3, incest, you are sentenced to 7 years and 6 months’ imprisonment.
84On Charge 5, incest, you are sentenced to 7 years and 6 months’ imprisonment.
85On Charge 7, indecent act with a child under 16, you are sentenced to 3 years and 3 months’ imprisonment.
86On Charge 8, indecent act with a child under 16, you are sentenced to 9 months’ imprisonment.
87On Charge 9, indecent act with a child under 16, you are sentenced to 3 years and 6 months’ imprisonment.
88On Charge 10, indecent act with a child under 16, you are sentenced to 4 years’ imprisonment.
89On Charge 11, indecent act with a child under 16, you are sentenced to 4 years’ imprisonment.
90On Charge 12, make threat to kill, you are sentenced to 2 years and 6 months’ imprisonment.
91On Charge 13, make threat to kill, you are sentenced to 2 years and 6 months’ imprisonment.
92On Charge 14, sexual penetration of a child under 16, you are sentenced to 5 years’ imprisonment.
93On Charge 16, sexual penetration of a child under 16, you are sentenced to 5 years’ imprisonment.
94On Charge 18, indecent act with a child under 16, you are sentenced to 10 months’ imprisonment.
95On Charge 19, indecent act with a child under 16, you are sentenced to 3 years’ and 6 months’ imprisonment.
96The sentence on Charge 5 will be the base sentence. I direct that 2 months of the sentence on Charges 1, 2, 12 and 13, 10 months of the sentence on Charge 3, 6 months of the sentence on Charge 7, 1 month of the sentence on Charges 8 and 18, 9 months of the sentence on Charges 9, 10 and 11, 15 months of the sentence on Charges 14 and 16 and 5 months of the sentence on Charge 19, be served cumulatively upon each other and on the base sentence on Charge 5.
97This makes a total effective sentence of 14 years and 10 months’ imprisonment.
98I direct that you serve a non-parole period of 10 years’ imprisonment.
Pre-sentence Detention
99Pursuant to s 18 of the Sentencing Act, the period of 289 days of pre-sentence detention, not including today’s date, is hereby declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the Court’s records.
Sex Offender Registration
100Pursuant to the relevant provisions of the Sex Offenders Registration Act 2004, registration is mandatory in relation to these offences and the reporting period is life. Upon your release from prison, you must report your personal details to Victoria Police and continue to comply with the reporting obligations. You will be sent an acknowledgement form for signing in due course and will be provided with a document setting out your reporting obligations upon your release and the consequences of any breach. It is an offence punishable by a term of imprisonment to fail, without reasonable excuse, to comply with your reporting obligations.
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