Director of Public Prosecutions v Trinh
[2022] VCC 1404
•21 July 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT Melbourne
CRIMINAL DIVISION
CR 21-02698
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MARTIN TRINH |
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JUDGE: | HIS HONOUR JUDGE MURPHY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10 June 2022 | |
DATE OF SENTENCE: | 21 July 2022 | |
CASE MAY BE CITED AS: | DPP v Trinh | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1404 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms K. Breckweg | Commonwealth Director of Public Prosecutions |
| For the Accused | Mr R. de Vietri | Gallant Law |
HIS HONOUR:
1Mr Trinh you have pleaded guilty to 15 charges involving child abuse material and the use of a carriage service contrary to the Commonwealth Criminal Code, and one charge of possession and production of child abuse material contrary to the Victorian Crimes Act.
2You have also agreed to have a further offence of transmission of indecent material under s474.27A(1) of the Criminal Code to be taken into account in sentencing you for Charge 2 and you have signed the relevant document to that effect.
3The maximum penalties for all the offences are set out in the prosecution opening which I incorporate by reference. Charge 2, carries a maximum sentence of seven years' imprisonment, Charge 7, 10 years' imprisonment, Charge 12, 20 years' imprisonment with a mandatory minimum of five years' imprisonment, and the balance of the charges carry a maximum penalty of 15 years' imprisonment.
Circumstances of the offending
4The circumstances of the offending are set out in an elaborate summary of prosecution opening dated 7 June 2022 (Exhibit A), and further elaborated in the outline of Crown sentencing submissions dated 9 June 2022 (Exhibit B). These remarks must be considered in conjunction with those two documents which I incorporate by reference.
5Your conduct spans a period commencing around 18 February 2019 and ending on 23 November 2020. Over that period there were legislative changes that involved a change in the use of the term child pornography to child abuse material. The underlying scope of the definition did not change, involving as it does images of sexual activity of persons under the age of 18. In addition, in relation to
Charge 12, a mandatory minimum sentence of 5 years was introduced.
Brief description of the legislative regime and the offending
6The child abuse provisions of the Criminal Code criminalised the use of a carriage service to cause child pornography or child abuse material, defined very widely, to be transmitted to the accused (s474.19(1)(a)(ii) and s474.22(1)). Section 474.27A(1) criminalises the transmission of indecent communications to a person under 16. Section 474.22(1) criminalises the solicitation of child abuse material, and s474.22A(1) criminalises the possession or control of child abuse material obtained using a carriage service. The final relevant provision is s474.25A(1) which criminalises for a person over the age of 18, the engaging in sexual activity with a person under 16 using a carriage service.
7Under the Victorian Crimes Act, s51C(1) criminalises the production of child abuse material.
8The offending here can be first categorised into the use (being transmissions to self, or to another, or by solicitation) of a carriage service for transmission of child pornography or child abuse material (Charges 1–6, 8–11, 13–15). Secondly, engaging in sexual activity with a child using a carriage service (Charge 12), thirdly, production of child abuse material (Charge 7), and finally possession or control of child abuse material obtained using a carriage service (Charge 16).
9The offending overall involves 11 separate complainants, and there was separate offending against each of them. A number of the charges – Charges 2, 7 and 14 - are rolled up charges involving multiple complainants.
10You were born in 2000 and thus over the period you were aged between 18 and 19.
11The 11 complainants were aged between 12 and 16 over the period of the offending.
Charges 1 – 5 (complainants 1 – 4)
12These charges involve three charges of soliciting child abuse material, one charge of causing child pornography material to be transmitted to yourself, and one rolled up charge (Charge 2 relating to complainants 1 - 4) of using a carriage service to transmit material that is indecent.
Complainant 1 (Charges 1 and 2)
13The complainant in this matter was aged 13. Your modus operandi was to use social media platforms including Instagram to conduct a conversation where you would compliment the complainant and then seek a photo and then request a photo of her breasts. She sent you a photo of her breasts that did not show her face (Charge 1).
14During the conversation you transmitted an image to her of a male holding his penis being the content of Charge 2, being an indecent communication to a person under the age of 16. You sought a further copy of a photo of her breasts and threatened that unless she did so you would disseminate the previous image she had transmitted to you.
Complainant 2 (Charges 2 and 3)
15The complainant was aged 15 and was in Year 10 at an eastern suburbs College. Again you commenced a conversation with her and stated that you knew her and had seen her in the library. You had been at the same school. You engaged in a number of conversations with her seeking a photograph of her breasts (Charge 3). She declined but you persisted. During the exchange you provided her with material of an indecent nature namely a photograph of yourself lying on a bed with your penis exposed (Charge 2).
Complainant 3 (Charge 2 and 4)
16The complainant was aged 12 and in Year 7. You used a Snapchat account and sought a selfie. Over the period of 14–21 December you solicited child abuse material from her making requests such as 'show me your boobs' (Charge 4). She did not comply. Notwithstanding this you transmitted sexualised communications of an indecent nature to her (Charge 2).
Complainant 4 (Charges 5 and 2)
17The complainant was aged 13 and using a Snapchat account similar to that with complainant 3 you solicited from her child abuse material and received an image of her in her underwear. You then engaged in communications of a sexualised nature (Charge 5), and provided her with two images of you lying in bed naked with your penis exposed (Charge 2). She ended the conversation when she blocked you.
Complainants 5, 8, 10, 11 (Charges 6–8, 10 and 11)
Complainant 5 (Charges 6 and 7)
18The complainant was aged 12. You used multiple Instagram accounts to communicate with the complainant and told her that you were aged 15. You repeatedly asked for sexualised images from her and when she did not comply you said you would find her and get her. That caused her to create and send images of herself that constituted child abuse material (Charge 6). You sought more graphic material which she made that involved her touching herself and sending you a video of it (Charge 7).
Complainant 6 (Charge 13 and Charge 14 (rolled up charge involving complainants 6 and 7)
19The complainant was aged 13 and a friend of complainant 5. You communicated and told her that you were aged 16 and were using a false account. You sought to have the complainant ask complainant 5 to unblock you. When she declined you forwarded to her the video that had been provided to you by complainant 5 (Charge 14). She blocked your account and you then sought to contact her again using a different account and asked her whether she wanted you to leak the earlier video. At the same time you sought to solicit child abuse material from her (Charge 13).
Complainant 7 (Charges 14 and 15)
20The complainant was aged 12 and was a friend of complainants 5 and 6.
21You commenced an Instagram communication with her by providing her with child abuse material (Charge 14) that you had obtained complainant 5 and then suggested 'Should I leak her?'. When complainant 7 responded 'No', you unsuccessfully solicited child abuse material from her by threatening that if she did not provide photos to you, you would leak the video involving complainant 6 (Charge 15). She then blocked you.
Complainant 8 (Charge 7, Charge 8, and Charge 12)
22The complainant was aged 15 and living with her parents in South Australia.
23You communicated with her on Facebook Messenger and over a period of three months between 17 July 2020 and 24 October 2020 you communicated with her and caused her to transmit to you (Charge 7), 21 images and 12 videos of child abuse material (Charge 8). The communications were very sexually explicit.
24These communications then led to a 34 minute video call that is the basis of Charge 12 of engaging in sexual activity with a person using a carriage service, where you were watching her masturbating. In the course of that event you are giving her directions as to what to do and persuading her to continue. You are also screen recording the video call and thus producing child abuse material (Charge 7).
Complainant 9 (Charge 9 and item 1)
25This complainant was aged 13. You used an account in a false name to engage in a conversation with her on 30 August 2020 in which you sought explicit photographs from her (Charge 9) using explicit sexualised communications. (Item 1, which is taken into consideration in Charge 2). She sought to block you but you contacted her again, but to no avail.
Complainant 10 (Charge 10 and Charge 7)
26The complainant was aged 13 and you used Instagram to communicate with her and told her you were aged 15 or 16 and from America. You solicited material from her and when she declined threatened to contact her friends to seek explicit images of her. You caused her to create child abuse images which she forwarded to you (Charge 10), you then took 11 screenshots of the images and videos (Charge 7).
Complainant 11 (Charge 11 and Charge 7)
27The complainant was aged 16, you used a false account and told her that you were 17 or 18 years old and you caused her to create and transmit to you an image of her naked in the bathroom mirror (Charge 11). You then sent her a screenshot of the image she had given to you and then threatened to leak the image unless she sent you more. In response she sent you a video of child abuse material of her performing a sex act (Charge 7). She eventually blocked you.
Overview of seriousness of carriage services offending (Charges 1–6, 8–11
and 13 – 15, and item 1)28While there was a degree of overlap in this offending, the offending taken as a whole shows a serious attempt to engage in sexualised communications with young girls and to obtain from them child abuse material. Your conduct was determined and involved threats as well as the use on two occasions of false identities.
Producing child abuse material (Charge 7)
29This offending arises out of your capturing material that had been supplied by complainants 5, 8, 10 and 11. This was serious offending, as once the material was produced by the complainants following your solicitation, you were in a position to capture it and it became available to be distributed. While you did not further distribute the material, you were in a position to do so.
Engaging in sexual activity with a person under 16 using a
carriage service (Charge 12) – Complainant 830This is the most serious offence that you face. It carries a 20 year maximum and a mandatory minimum of five years' imprisonment. As submitted by the prosecution it involves text-based instructions along with a video call of 34 minutes duration during which you were directing the performance of sexual acts including what appears to be penetration, and thus were involved in sexual activity with her.
31Aggravating the offending was that you were also producing a video of the event which constitute part of Charge 7.
Charge 16 possession or control of child abuse material by use of
a carriage service32Your mobile phone and a laptop and computer tower were seized and were found to contain child abuse material being two category one files and 713 category 2 files. Category 1 is the more serious category and one video depicts an eight-year-old female involved in sexual activity, and a second involves an 11-year-old female involved in sexual activity.
33The category 2 material consists of 713 files of which 251 were unique. The majority were images and video files sent by the complainants, the subject of charges 1, 6, 8, 10 and 11 and the subject of Charge 7.
34The material includes explicit images of a 13-year-old female, and two short videos depicting 15 and 14-year-old females engaged in sexual acts with adults.
35Thus while the number of images that you were in possession of is at the lower end compared with the volume often before the courts, and some duplicated the material the subject of Charge 7, from the description of the balance was of a level of seriousness.
Assessing the overall seriousness of the offending
36The overall offending here must be seen as very serious. It occurred on an episodic basis over a period of one year and eight months. It involved 11 separate complainants with an age range of between 12 and 16. It involved seven different types of criminality namely soliciting, producing, transmitting, possessing child abuse material, causing child abuse material to be transmitted, engaging in sexual activity with a child under 16, and transmitting indecent communications to a child under 16.
37You were the instigator of the online contact. You were using a false age or location to facilitate the communications in the cases of complainant 5, 10, 11 and 6. You disguised your identity using false names or online identities and pursued some of the complainants when they sought to block you by the use of other online accounts or making contact with their friends. You were also involved in blackmail type threats to disseminate the images that you had received to seek further material. In relation to Charges 6, 10 and 11 this resulted in further material being sent to you.
38A number of the charges can be seen as being part of a course of conduct where you first solicited the material, then obtained it, then captured it, and then were found in possession of it. However, as emphasised by the learned prosecutor your conduct as outlined in the separate counts, involves separate criminality. As emphasised on the plea, Charge 2 of transmitting indecent material involved four complainants plus an additional complainant under item 1, and Charge 14 involved two complainants. You have thus transmitted indecent or child abuse material to seven underage children. The material was explicit although at the lower range of this type of material.
39Charge 7 involved you producing, by capturing, child abuse material involving four different complainants.
40Overall you had five different complainants transmit child abuse material to you and you solicited child abuse material from six different complainants.
Engaging in sexual activity with a person under 16 – Charge 12
41This is the most serious charge you face and as submitted by the learned prosecutor this was very serious conduct. The complainant was aged 15 and you were aged nearly 20 when this offending occurred. You had been involved in communications with the complainant leading her to transmit child abuse to you over the period 17 July – 24 October 2020 (Charge 8). Your conduct escalated to having her engage in sexual acts at your direction over a 34 minute period which as an aggravating feature, although separate offending, you captured in the conduct by way of a video (Charge 7).
42On the plea your counsel submitted that your overall offending should be seen as being in the mid range of seriousness. This was on the basis that the offending lacked any real sophistication apart from the use of false names and multiple accounts. You were just over the age of 18 when the offending commenced. There was a relatively narrow age differential between you and the complainants who were aged between 12 and 16.
43The soliciting and possession of child abuse material was for personal use and there was no commercial intent or distribution. The quantum of the material possessed was in the lower range. No other individuals were involved. The material transmitted to the complainants in Charges 2, 14 and item 1 was at the lower end of the spectrum of gravity.
44Charge 11 involved a 16-year-old sending a single picture of herself naked in the bathroom mirror. It was thus at a lower level of seriousness than Charge 6 which involved two video files of child abuse material and you sent threats to that complainant in circumstances where you had told the complainant that you were aged 15.
45The number of images and files in Charge 16 is at the lower end of the scale in relation to these types of offences that appear so regularly before the courts. Overall this was serious offending.
Personal circumstances
46I turn to your personal circumstances.
47You were born in October 2000 and as indicated were aged between 18 and 20 at the time of the offending. You are one of four children with two younger sisters and an older sister who is studying. Your father was born overseas and came to Australia as a young adult and speaks some English. He has worked in factory jobs. He has problematic behaviours including alcoholism and gambling. He had not been a positive figure in your life. Your mother was also born overseas and came to Australia as a young adult and does not speak English. She has previously been on Jobseeker payments.
48You were involved in schooling from kindergarten until Year 12 although you did not complete Year 12. You had schooling difficulties including your transition from primary school. You were sexually abused by your father around the age of 10 but this was not reported to police. You experienced bullying in Year 7 and 8 and anxiety and depression from Year 7 and during Year 8 only attended half the school year. You attempted suicide and broke your leg.
49For a period of two and half years from Year 8 until Year 10, you did not attend school staying at home playing computer games and masturbating to pornography. When you returned to school in Year 10 your peer group was ahead of you. In Year 11 and by Year 12 your peer group had moved on to University and so you were lonely and disengaged. This is supported by the reference tendered (Exhibit 14).
50You were the subject of child abuse by your father around the age of 10 and then began masturbating soon after.
51You left school without completing Year 12. However since that time you have been working as a forklift operator and you have filed an occupational licence ticket and also a certificate for a forklift course that you passed. In recent times you have moved out of home and rented a flat, and your father is living there. You have been providing funds to your mother who is not in the workforce and not being supported by her husband due to his gambling excesses.
52On the plea it was submitted that the impact of any sentence of imprisonment on you in relation to your inability to support your mother would amount to family hardship amounting to exceptional circumstances. I do not accept that submission although you do get credit for being in the workforce and thus, for providing financial support to your mother.
Other sentencing submissions
53In a comprehensive plea, your counsel submitted that notwithstanding the mandatory head sentence of minimum five years for Charge 12, considerations of parsimony, the circumstances of the offences and your youth and previous good character were such that a sentence that allowed your immediate release upon recognisance was within range.
54I am unable to accept that submission. As discussed in cases such as Bahar v The Queen [2011] WASCA 249 the statutory minimum sentence and the maximum sentence are to be seen as guideposts for the imposition of a just sentence. As submitted by the learned prosecutor, on the authority of Bahar, which was recently followed in the case of R v Delzotto [2022] NSWCCA 117, the mandatory head sentence for Charge 12 requires that after synthesising all the relevant considerations under s16A of the Crimes Act, including a plea of guilty and any cooperation with the authorities, the minimum sentence would only be available for cases at the bottom of the range.
55This is not such a case. Given the seriousness of the conduct in relation to
Charge 12, your prior effective grooming of the complainant which goes to your moral culpability, and the nature of the sexual activity which the complainant engaged in at your instigation this cannot be characterised as offending at the bottom of the range. In fixing a sentence for Charge 12 I do take into account your plea of guilty. I also give some minor weight to your cooperation with the authorities admitting the offending in the record of interview and providing passwords.56One consideration lowering the seriousness of the offending is the relative low age differential between you and the complainant, she being 15 and you being 19 at the time. However, the legislative regime is designed to protect under age children from premature sexual activity, and thus your offending remains serious regardless of the narrow age differential and your youth.
57Subjective factors are also relevant to considering where to place this particular offence and indeed all the offending. You were, on the evidence of the psychologist Mr Handley immature.
58In his report he found you have prominent trauma related anxiety, and significant personality dysfunction characterised by schizoid and antisocial traits. He suggested you presented as emotionally constricted, socially disconnected and prone to act out your emotions in impulsive and inconsiderate ways. He is of the view that you would be assisted by a psychiatric assessment. He finds that you are of above average risk for sexual recidivism or within the moderate to high risk range. He notes that you have acknowledged that you need assistance.
59Thus, your childhood sexual abuse has contributed to premature sexualisation. Your immaturity provides something of an explanation for your offending. Notwithstanding, however, that you have been diagnosed with anxiety, and have been the subject of sexual abuse yourself, I do not accept the submission of your counsel that this should lead to any significant reduction in moral culpability. R v Verdins [2007] VSCA 62 is not engaged, although I do accept that a sentence of imprisonment will have an impact on you due to your psychological condition and I take it into account under Verdins principles 5 and 6.
60As this type of offending can be perpetrated by persons of any age who can use a computer, considerations of general deterrence must remain very salient regardless of the opinion of the psychologists that you are immature for your age.
61Mr Candlish, psychologist, is of the view that you would be assisted by psychological intervention. He is of the view that employment does provide a protective factor. He is of the view that you have good prospects of rehabilitation with psychological intervention and the passage of time.
62On the plea your counsel filed a reference from a school friend testifying to your psychological condition and social withdrawal coinciding with the period of this offending, and he testifies in that reference, positively to your remorse and to your insight into your behaviour. This is consistent with your action highlighted on the plea and seeking psychological assistance at your own cost from Mr Hanley although this appears to have ceased prior to the plea hearing.
63Your conduct in seeking assistance with a psychologist is however relevant to your prospects of rehabilitation which although you are regarded as having high risk or medium to high risk of recidivism, I regard as good. Further in sentencing you I must give significant weight to the fact that you do come before the court without any prior convictions, and as you move into adult life with appropriate assistance, you will be in a position to be a productive member of the community. You have shown that you have a work ethic, and have been providing for your mother, and as I have indicated have tendered an occupational licencing certificate.
64Another factor in sentencing you is that you have had this matter hanging over your head since you were first interviewed by the police 18 months ago. For a person of your age this is a significant matter that I take into account in your favour.
65A further fact that I take into account is the burden of imprisonment during the pandemic. Programs have been limited and disrupted as well as visits and you face a risk of infection and a lesser ability to protect yourself than were you in the community.
66The prosecution did not provide any particular cases of assisting in dealing with this matter. Your counsel provided two decisions of this court where offenders were dealt with by way of a release upon recognisance without any sentence of imprisonment. As I have indicated the mandatory sentence here is such that the overall sentence applying the cases that I have referred to requires the setting of a head sentence and a non-parole period.
Other sentencing issues
67In sentencing you I am required to have regard to the matters set out in s16A of the Crimes Act and I do so. In submissions your counsel submitted that the recent case of Totaan v R [2022] NSWCCA 75 is authority for the proposition that the structure of s16A is such that no one consideration set out therein has primacy. The comments in Totaan were uttered in the context of the issue as to whether taking into account the impact of family hardship required as a matter of a common law approach to sentencing, exceptional circumstances. It is clear that such a gloss, certainly in relation to family hardship requiring exceptional circumstances, cannot be sustained. This is confirmed in the recent decision in Mohammed v The Queen [2022] VSCA 136 referred to by the prosecution.
68Your counsel however, submitted that similar reasoning should apply in relation to whether primacy should be given in sentencing for these types of offences to considerations of general deterrence. It is clear from numerous intermediate appellate court decisions set out in the prosecution submissions, that general deterrence must always play a very significant role in sentencing for these types of offences. This applies regardless of the different verbal formulae used by the various intermediate courts.
69Whatever impact the decision in Totaan may have in relation to considerations of family hardship, under s16A(g), in your case considerations of general deterrence must be given prominence. This applies not least because of the difficulty of detection of this type of offending, and the seriousness and variety of offending that you have admitted to. There is a presumption of harm that applies to premature sexualisation of children.
70Further, the interest of the community in protecting vulnerable children from premature sexualisation must be accorded substantial weight and a signal must be sent to those able to access the internet, that its use for sexual purposes involving children will bring with it heavy penalties regardless of the age and antecedents of an individual perpetrator.
71A further consideration in sentencing you is the provision of s19(5) of the
Crimes Act which directs that in relation to sentences for Charges 8-16, that they must be served cumulatively on any earlier sentences imposed. That provision is subject to sub-section (6) where it need not be applied where the sentences are of a severity appropriate in all the circumstances.72In sentencing you in this case for these multiple offences, I am of the view that notwithstanding the provisions of sub-section (5) in relation to sentences for
Charges 8–16 to apply, a cumulative approach would result in a disproportionate and crushing sentence on a person of your age in circumstances where the offending, although related to different complainants, is in effect a course of conduct. I am therefore proposing concurrent sentences, except as I am about to indicate.73In sentencing you I am also required in relation to Charge 7 to sentence you as a serious sex offender under the Victorian legislation. I do so and order that it be entered in the records. I note that the prosecution does not seek a disproportionate term of imprisonment.
74I have therefore constructed the individual sentences and total effective sentence in order to ensure that under s19(6) it is a sentence of appropriate severity.
Suppression or pseudonym order
75Your counsel sought an order that this proceeding be the subject of a suppression order or that you be assigned a pseudonym. There is a tension between the needs for open justice and the impact of any publicity associated with a sentence or an offender. In cases involving child sex abuse using the internet, considerations of general deterrence are very important. That value is not enhanced by the assignment of a pseudonym or by an overall suppression order.
76Both Mr Candlish and Mr Hanley have indicated that you have a relatively fragile psychological state. Mr Hanley however indicates that you were hoping his report would support your application for a suppression order. On the other hand Mr Candlish indicates that publicity as to your offending could impair your prosocial endeavours. It may entrench feelings of ostracisation and disenfranchisement in his view.
77Due to your social anxiety he is of the view that you are particularly vulnerable and publicity could contribute to withdrawal in response to actual or perceived judgement of others. You have a history some years ago of a suicide attempt. While I accept that any publicity associated with this offending may have an impact on your psychological health, I do not accept having considered the competing submissions that any risk to your psychological health outweighs the interests of the community in open justice. For those reasons I decline the application for a suppression or pseudonym order. I will however, bring these reasons for sentence to the attention of the authorities, in order that they keep you under surveillance, in relation to your mental health.
78I now turn to the actual sentences.
79On Charge 1, of using a carriage service, you are sentenced to six months' imprisonment.
80On Charge 2, of using a carriage service to transmit indecent communication to a person under 16, you are sentenced to 12 months' imprisonment.
81On Charge 3, of using a carriage service to solicit child pornography material, you are sentenced to six months' imprisonment.
82On Charge 4, of using a carriage service to solicit child abuse material, you are sentenced to six month's imprisonment.
83On Charge 5, of soliciting child abuse material, you are sentenced to six months' imprisonment.
84On Charge 6, of using a carriage service to cause child abuse material to be transmitted to yourself, you are sentenced to 12 months' imprisonment.
85On Charge 7, of producing child abuse material, you are sentenced to 10 months' imprisonment.
86On Charge 8, of using carriage service to cause material to be transmitted to yourself, you are sentenced to 12 months' imprisonment.
87On Charge 9, of soliciting child abuse material, you are sentenced to 12 months' imprisonment.
88On Charge 10, of using a service to cause child abuse material to be transmitted to yourself you are sentenced to 12 months' imprisonment.
89On Charge 11, on using a child carriage service to cause child abuse material to be transmitted to yourself, you are sentenced to nine months' imprisonment.
90On Charge 12, of engaging in sexual activity with a person using a carriage service, you are sentenced to six and a half years' imprisonment.
91On Charge 13, of using a carriage service to solicit child abuse material you are sentenced to 12 months' imprisonment.
92On Charge 14, of using a carriage service to transmit child abuse material, you are sentenced to nine months' imprisonment.
93On Charge 15, of using a carriage service to solicit child abuse material, you are sentenced to nine months' imprisonment.
94On Charge 16, of possessing or controlling child abuse material obtained or accessed by a carriage service, you are sentenced to 12 months' imprisonment.
95I direct that all sentences other than the sentence on Charge 12 commence this day.
96I direct that the sentence on Charge 12, commence on 21 July next year, 2023 which is 12 months' hence. So all the sentences other than the sentence of
Charge 12, are concurrent on each other. The total effective sentence is therefore seven and a half years' imprisonment.97I order that you serve a period of three years and nine months before being eligible for parole.
98I declare that you have served 41 days pre-sentence detention.
99I declare that had you not pleaded guilty, I would have imposed a total effective sentence of 10 years' imprisonment with a non-parole period of six years.
100I declare that I have sentenced you on Charge 7 as a serious sex offender and I order that my sentencing reasons be entered in the records of the court as to why in relation to Charges 8 through to Charge 16, I have not ordered cumulation, other than the order that I have made in relation to Charge 12.
101Consequent on the offending you are required to go on the Sex Offender Register for life. It's not part of the sentence and the paperwork will be sent to you and you will be required to sign it.
102I am required to explain the sentence to you. It is a complicated sentence. But effectively, I have imposed sentences of 12 months or less on all the charges other than Charge 12. I have ordered that the sentences on those charges other than Charge 12 be served concurrently. I have ordered that the sentence on
Charge 12 commence in 12 months time. And I've ordered that the sentence on Charge 12 is governed by a minimum sentence of five years.103Having considered the seriousness of the offending and placed it within a range of seriousness and taken into account the matters all referred to by your counsel, I've deemed that a sentence of six and a half years is appropriate on Charge 12 alone. And then I've added that sentence commences in 12 months time, to reflect your overall criminality. And then I've considered issues relating to your rehabilitation and then set a non-parole period of three years and nine months. You'll be eligible parole after that.
104I've had to explain why I have not ordered cumulation for sentences that I imposed after the sentences imposes on Charges 1-7, because the overall sentence is of appropriate severity, and do not require cumulation other than what I've described.
105I'm required to declare that I've sentenced you as a serious sex offender under Charge 7 and that's got to be entered in the records, and I haven't ordered a disproportionate sentence and the prosecution didn't seek a disproportionate sentence. And then I've declared that had you not pleaded guilty to this offending I would have imposed a sentence of 10 years' imprisonment, with a non-parole period of six years.
106And consequent on convictions of two or more sex offences, you go onto the Victorian Sex Offender Register. That is a register that requires you to be on it for life. You have got to acknowledge receipt of the forms and they will be sent to you in the prison.
107It means you've got to notify the registrar of the register every time you move your address, get a new phone, licence, that type of thing. That will all be explained to you hopefully by your counsel and also it will be set out in the orders.
108And as I've already indicated I've already conveyed the two psychological reports to the prison so that they will monitor your mental health. And I took into account also the reference that you supplied last time that you'd undertaken some gambling help.
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