Director of Public Prosecutions v Turner (a pseudonym)
[2025] VCC 908
•2 July 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-24-00652
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRYAN TURNER (A PSEUDONYM) |
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| JUDGE: | WILMOTH |
| WHEREHELD: | Melbourne |
| DATEOFHEARING: | 12 June 2025 |
| DATEOFSENTENCE: | 2 July 2025 |
| CASEMAYBECITEDAS: | DPP v Turner (a pseudonym) |
| MEDIUMNEUTRALCITATION: | [2025] VCC 908 |
REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: Pleas of guilty to two charges of persistent sexual abuse of a child under 16 and one charge of sexual assault of a child under 16 – nephews of offender aged between 5 and 15 – physical force and coercive behaviour - breach of trust – long duration - offender suffered ADHD as child – sexual abuse – complex mental health diagnoses – paedophilia – very guarded prospects for rehabilitation – lack of insight – Verdins limbs 3 & 4 not enlivened – limbs 5 & 6 apply.
Legislation Cited: Sentencing Act 1981; Sex Offenders Registration Act 2004
Cases Cited: Verdins v R [2007] VSCA 102
Sentence: 14 years with a non- parole period of 10 years.
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| APPEARANCES: | Counsel | Solicitors |
FortheDPP | Mr E. Dober | Office of Public Prosecutions |
FortheAccused | Mr P. Kounnas | Freshwater Lawyers |
COUNTY COURT OF VICTORIA
HER HONOUR:
1Bryan Turner,1 you have pleaded guilty to two charges of persistent sexual abuse of a child under 16 and one charge of sexual assault of a child under 16.
2The maximum sentence for Charges 1 and 2 is 25 years' imprisonment, and for Charge 3, 10 years. I shall be sentencing you to terms of imprisonment for each charge.
3The offending occurred between 2011 and 2022, when you were aged between 17 and 29 years. The complainant in respect of Charges 1 and 2 was Mitchell Griffen,2 who was aged between five and 15 years when the offending occurred. His younger brother Samuel3 was the other complainant, whom you assaulted on three occasions, when he was aged between five and nine years. That is Charge 3.
4You are the maternal uncle of the boys, their mother being your sister.
The offending
5The children’s family moved around and lived at various addresses in Victoria. At times you lived with them. At other times, when you lived elsewhere, they would visit you, or you would visit them.
6Charge 1 consists of seven separate occasions when you abused Mitchell, including committing an indecent act with him, sexual penetration of him, or attempting to do so. These instances are set out on the indictment, comprising paragraphs (a) to (g), commencing in April 2011 and continuing until July 2016.
1 A pseudonym.
2 A pseudonym.
3 A pseudonym.
7Charge 2 consists of six instances of abuse of Mitchell, paragraphs (a) to (f), including sexual penetration and sexual touching, commencing in December 2017 and continuing until July 2021.
8The persistent sexual offending is charged in two separate charges, because of a change to the elements of the offence relating chiefly to the number of incidents required to establish the offence. It is not a change which had any practical effect in this case.
9Charge 3 is a rolled-up charge of sexually touching Samuel, as I said between August 2017 and August 2022.
10The particulars and the circumstances of each offence are set out in the summary of the prosecution opening for the plea, which was tendered as Exhibit A, and was read out in court during the plea hearing. It is appended to these sentencing remarks. It is not necessary that I recount all the details of that summary, but first I note that Mitchell was five when it began in 2011, and it continued until he was
10. Charge 1 as I said deals with that offending. The offences took place at his home, and he consistently resisted and told you not to.
11Charge 2 covers offending against Mitchell from when he was 11 until he was 15. It commences with an act of penetration of Mitchell’s mouth with your penis on Christmas Day 2017, when he was aged 11. This was at a property where you were living.
12Soon after this, Mitchell’s parents separated and he and his mother and siblings moved into your parents’ property, where the family had been living at the time of the first incident. Over about two years at this time Mitchell regularly stayed with you and your partner and each time you sexually abused him, by penetrating his
mouth or anus with your penis, masturbating him, or getting him to masturbate you.
13When Mitchell stayed overnight, you would turn the electricity off, knowing he was afraid of the dark and would turn to you for comfort. None of these incidents have been particularised but form part of the ongoing context of your offending.
14Three other particularised acts occurred between 2018 and 2021. The first two were separate acts of penetration of Mitchell’s mouth and his anus. In 2018 when Mitchell was 12, you locked him into a shed and forcibly pulled his pants down, scratching his leg in the process and causing him to sob as he tried to resist you. You penetrated his anus with your penis, continuing for five minutes, then told him to watch as you masturbated. You then grabbed his hand and forced him to masturbate you until you ejaculated. You then left him alone in the shed. You were aged 25 at the time.
15The second incident was on New Year’s Eve, 2019, when Mitchell was 13. You gave him alcohol. You entered the toilet when he asked you not to, while he was using it. You pushed him against some shelving and bit his ear, causing it to bleed. You grabbed his genitals over his clothing aggressively, told him to sit on the toilet seat, and penetrated his mouth with your penis, telling him 'this is what you get for trying to stop me'. You ejaculated in his mouth.
16Further such assaults occurred throughout 2019, 2020 and until July 2021. Again, these are not particularised as part of the charged offences.
17In July 2021 Mitchell was living nearby with other family members when you visited. You followed Mitchell into the caravan where he slept and attempted to touch his penis. Mitchell stopped you and grabbed a kitchen knife. He told you
that if you ever touched him again, he would kill you. You left the caravan. Mitchell was aged 15 and you were 28. This was the last time you abused him.
18Charge 3 is the charge of sexual abuse of a child under 16 concerning Samuel Griffen, Mitchell’s younger brother. He was aged five, possibly four, when the first incident occurred. You took him to the laundry of your house and touched his penis and buttocks.
19After this, you did this repeatedly to Samuel whenever you had the opportunity, on about 20 occasions.
20The second particularised occasion was when Samuel and his mother and sisters were living in a caravan park. You visited with your mother, and while the family was distracted you took Samuel into his mother’s bedroom and massaged his penis. He was aged nine and you were 29.
21You repeated the same abuse when, around the same time, you went with Samuel and his family to a supermarket, and you were left alone with Samuel in the car.
22A day or so after this occasion, your grandfather died. Mitchell was with his aunt the following day and told her that you had touched him and told her other details of the abuse. He told his mother and siblings the next day. A few days later he recorded a conversation with you, in which he asked you for an admission and an apology for the offending. You replied 'I am sorry for what I did to you. It should never have happened'. You shook Mitchell’s hand and walked away.
23Shortly after this both complainants reported the matter to the police. You were arrested on 14 September 2022 and interviewed, during which you made partial admissions.
Gravity of offending
24Sexual abuse of children is extremely serious offending, regarded with abhorrenc e by the community, and deserving of a harsh punitive sentence reflecting strong denunciation by the court. There is no reason to depart from that approach in this case. The crimes inflicted on the two victims were heinous in the extreme, involving force and emotional cruelty. You used these boys, your very young nephews, for your own gratification with no heed for their feelings, and later tried to blame them for initiating and perpetuating the offending, amidst your denials of acts of penetration and the minimisation of your involvement.
25It was serious, depraved and predatory behaviour, in which you used physical force against the children, beginning when they were very young and continuing over a prolonged period of time. It was also a breach of trust, in that the boys were your nephews and the family trusted you in leaving you alone with them. When Mitchell stayed with you in your house, you were in the position of loco parentis. Your behaviour was a gross breach of that trust, making the offending more serious.
26Both complainants provided victim impact statements, written very recently. Samuel, who is now 11, stated that he felt scared or frightened at the time of the offending and that he felt the pain of the trauma. He stated that he has seen a counsellor and that he has the sense that he is not doing well in life generally because of the offending.
27Mitchell, now aged 19, stated that he didn’t really understand what was happening at the time, and he was worried about his younger brother. Now that he has two boys of his own, he cannot understand how someone could do to a child what you did to him. He states that he cannot parent his own children and does not get to see them at the moment, and he worries about who is looking after them.
28He said the offending has caused problems in his life, such as being wary and nervous and not having male friends. He thinks it explains his poor attendance at school, and his learning. He feels the need for help and is arranging to have counselling for what he thinks are underlying mental health problems.
29The law presumes that sexual abuse harms children, and this is borne out by the statements from these victims.
30The boys’ mother said in her victim impact statement that you took a position of care and power, and used it to prey on her children, thus betraying her trust in you. She said you stole all sense of family from her.
31General deterrence is of primary importance with regard to such offending, and the high level of gravity of this particular offending reinforces that principle. Before dealing with the role of specific deterrence, I shall turn to your own personal background and circumstances.
Personal background and circumstances
32You are now aged 33. Your father died a few years ago, and you are no longer in contact with your siblings, but you are close to your mother, who lives with you and your long-term partner to whom you are now married.
33You completed your schooling through the VCAL stream and were later employed in various roles. Since childhood you have suffered from ADHD. You were the victim of sexual abuse by your sister’s boyfriend for several years.
34In February this year you were assessed by psychologist Sarah Pitts, who confirmed that diagnosis, noting that the condition affects your ability to engage in consequential thinking, coupled with impulsivity. When it was first diagnosed medication was prescribed, but you ceased taking it during your early teenage
years because of adverse side effects. Ms Pitts also diagnosed post-traumatic stress disorder resulting from childhood bullying and sexual abuse, as well as severe anxiety and depression in the context of what she described as 'current significant psychosocial stress.'4
35She considered you meet the criteria for a paedophilic disorder, and the risk of you re-offending is moderate to high. She noted evidence of personality disorder, specifically Cluster A and B personality traits, and she broadly described your personality, in clinically significant terms, as Avoidant, Melancholic, Dependant and Masochistic, with specific details of how these traits manifest in a person. There were also indications of borderline to low intellectual functioning. In his plea on your behalf Mr Kounnas, sought to apply this wide range of features to your presentation.
36Ms Pitts considered you require engagement with a forensic psychologist to address the underlying factors that have contributed to your offending, and recommended referral for a neuropsychological assessment.
37As a result, Dr Linda Borg saw you in May this year. Amongst the documents provided to her was the summary of the prosecution opening prepared for trial, before this matter resolved into a plea. She was also provided with a copy of a pre- sentence report written by a caseworker dated 21 July 2008, and also the report of Ms Pitts and various other documents.
38As a result of your previous offending relating to a charge of sexual abuse of a child, you were sentenced in the Children’s Court in 2008 and participated in the Male Adolescent Program for Positive Sexuality, known as MAPPS. You stated you were innocent of that charge, and in your interview with Dr Borg you denied
4 Report of Sarah Pitts dated 24 February 2025 at [173]
many of the elements of the offending in this case, although you acknowledged that some of your actions were wrong.5
39You told Dr Borg that you regretted what you did, and that you hoped never to repeat them.
40I interpose here to note your plea of guilty in January this year, just before a contested committal was due to start. On that day the younger boy was waiting to be cross-examined in a special hearing, and he had to experience that expectation for some time previously. He was spared the ordeal, but only at the last minute, as your plea avoided the need for it, and avoided a trial. The plea attracts a discount on your sentence for those reasons, and for its utility more generally, in assisting the criminal justice system. The plea may also be accepted as an indication of remorse. However, the comments of both psychologists indicate that your remorse is qualified and lacking in insight and falls well short of reflecting full acceptance of responsibility. Your denial of the more serious offending and seeking to blame the victims is a hallmark of your attitude.
41That flawed insight and failure of reflection does not augur well for your rehabilitation. Your complex mental health and poorly internalised social norms may not improve your prospects without the treatment that Dr Borg considers will be vital to address the cognitive factors you struggle with, and to foster a genuine understanding of your actions and their consequences.6
42As for other personal issues, your general practitioner has listed your physical health problems as sleep apnoea, asthma and heightened cholesterol, and I was told of a recent diagnosis of Type 2 diabetes.
5 Report of Dr Borg dated 29/05/25 at [15]
43I have read references from two friends who know you well, and describe you as a good person, unlikely to reoffend. A counsellor with a wellness and consulting organisation called 'Thrive', has written of your attendance at 14 sessions with him, based on what he described as a range of therapeutic modalities, including cognitive behavioural therapy, to help you recognise and challenge unhelpful thought patterns that contribute to distress. He said you have engaged with this and have been committed to it. That is a matter that goes to your credit.
Sentencing issues
44Mr Kounnas, on your behalf, submitted that your complex conditions enliven the principles in the case of Verdins, in two respects. First, that these conditions played a part in your offending, and that accordingly your criminal culpability should be reduced . Second, that the same conditions mean that your experience of imprisonment will be more burdensome than for others who do not experience such conditions, and so your sentence should be adjusted to reflect this.
45Mr Dober, for the prosecution, submitted that Verdins limbs 4 and 5 are not engaged, as the necessary link is absent, while conceding that limbs 5 and 6 of Verdins do apply. Mr Dober submitted that in her report Dr Borg stated that:
“…there is no compelling evidence to suggest that [it] renders him significantly disinhibited in a cognitive sense, nor does it appear to fundamentally impair his ability to understand the wrongfulness of his actions.”7
46Dr Borg went on to say that your ADHD does not compromise your clear thinking and reasoning so as to negate your capacity for appropriate judgement.
47She stated that the primary drivers of your offending lie with the evidence of sexual deviance, which strongly indicates that paedophilic tendencies are the most likely contributor to your offending.8
48Mr Kounnas submitted that the complexity of your psychological make-up and your severe anxiety and depression should result in a moderate reduction of your culpability.
49In the light of Dr Borg’s opinion, my conclusion is that the Verdins principles are not enlivened in respect of your criminal culpability. However, her opinion as to your likely response to imprisonment is a different matter. She noted that your elevated levels of depression and anxiety, coupled with reported suicidal ideation, indicate that your ability to cope with prison could be adversely affected.9
50Accordingly, this provides some guidance as to the appropriate length of the sentence I will impose.
51Other matters influencing that determination include your very guarded prospects for rehabilitation at this stage, and the opportunity you will have for therapeutic programs while in custody, in the hope that this will provide a basis for continuing treatment once you are released, as recommended by both psychologists. Without that treatment, your risk of re-offending is said to be moderate to high.10
52On the positive side, it appears that you are likely to have some prosocial supports in the community, including your partner and your mother.
53For these reasons, general deterrence is of significant importance, and in this case your offending calls for the strong denunciation by the court, and a sentence which reflects the need for the protection of the community to be given careful
8 Ibid at [41]
9 Ibid at [42]
10 Ibid at [45] and Report of Ms Pitts at [183]
consideration. In that regard, the Serious Sex Offender provisions of the Sentencing Act apply, and because you will be sentenced to prison for each charge, you are regarded as serious sex offender in respect of Charge 3 and I shall make that order and note it in the court record.
54I note that the prosecution does not call for a disproportionate sentence as provided by the legislation. In other respects, the legislation provides that for Charge 2, the only sentence available is a custodial term.
55Specific deterrence is also important in this case because of your lack of insight and your failure to take on full responsibility for your offending. You have not acknowledged your past offending, although of course you are not being punished again for that matter, and it is not regarded as a prior conviction. Its relevance is limited to your prospects for rehabilitation. Your risk of re-offending is also taken into account in assessing the need for specific deterrence.
56I also take into account the need to avoid a crushing sentence, given that at 32 years of age you still have a relatively long life ahead of you.
57I was referred to a number of cases involving the charge of persistent abuse, and I have had regard to the range of sentences imposed, noting some similarities as well as the ways in which comparisons are difficult to make.
58Mr Turner, would you stand please.
59I sentence you to 12 years' imprisonment for each of Charges 1 and 2. I sentence you to four years' imprisonment for Charge 3.
60The sentence for Charge 1 is the base sentence for purposes of cumulation. As mentioned earlier in these remarks, a change in the law required two charges to deal with the persistent sexual offending, which otherwise would have resulted in
one charge only, although of the same long duration represented by the two charges. For that reason, there is no order for cumulation in respect of Charge 2. In respect of Charge 3, I order cumulation of two years upon the base sentence.
61That results in a total effective sentence of 14 years' imprisonment. I order that you serve 10 years before being eligible for parole.
62You have been in custody since 12 June 2025 now and I declare that pre-sentence detention of 20 days, by my calculation, not including today, be reckoned as already served. I shall note that on the court record.
63You will also be registered under the Sex Offenders Registration Act, and you must provide your details to the police every year for the rest of your life, once you are released from prison. That is a mandatory provision, and I make that order.
64If you had pleaded not guilty, I would have sentenced you to 16 years' imprisonment, with a non-parole period of 13 years.
65Any other matters, first of all, Mr Makary?
66MR MAKARY: No, Your Honour.
67HER HONOUR: Mr Kounnas?
68MR KOUNNAS: No, Your Honour.
69HER HONOUR: Thank you. The Sex Offender Registration Act is ready for signature by your client, Mr Kounnas, if you would like to accompany my associate to the dock.
70MR KOUNNAS: As the court pleases.
- - -
IN THE COUNTY COURT OF VICTORIA Court reference: [Omitted] AT MELBOURNE Indictment [Omitted]
CRIMINAL DIVISION
IN THE MATTER of Section 182 of the Criminal Procedure Act 2009
IN THE MATTER of
DIRECTOR OF PUBLIC PROSECUTIONS
- v – [OMITTED]
SUMMARY OF PROSECUTION OPENING UPON PLEA
| Dateof document: | 23 January 2025 |
| Filedonbehalfof: | Prosecution |
| Preparedby: | |
| AbbeyHogan | |
| SolicitorforPublicProsecutions | Solicitor’s code: [omitted] |
| 565Lonsdale Street | Direct: [omitted] |
| MelbourneVic.3000 | E-mail: [omitted] |
Part I: Summary of facts
The offender
[omitted] was born on [omitted] 1993. At the time of the offending he was aged between 17 and 29 years.
The victims
There are two victims, each who are the offender’s biological nephews.
The first victim is [omitted], born [omitted] 2006. Over approximately a decade, between 2011 and 2021, the offender persistently sexually abused [omitted], including penetrative offending (charges 1 and 2). At the time, [omitted] was aged between five and 15 years.
The second victim is [omitted], born [omitted] 2013. He is [omitted] younger brother. Between 2017 and 2022, the offender sexually abused [omitted] on several occasions (charge 3). At the time, [omitted] was aged between five and nine years.
Background
The offending took place at various addresses throughout Victoria as the family moved around. At times the offender would live at the same address as the victims. At others he lived at a different address, but he would visit them, or they would visit him. The locations where the offending occurred are:
a. [omitted] (the [omitted] property);
b. [omitted] (the [omitted] property);
c. [omitted] (the [omitted] property);
d. [omitted] (the [omitted] property); and
e. [omitted] (the [omitted] Caravan Park).
Offending against [omitted]
Charge 1 – Persistent sexual abuse of a child under 16
The occasion after the offender asked [omitted] to stoke the fire
In 2011 [omitted] and [omitted] were living at the [omitted] property with their mother, (the offender’s sister) [omitted], and their sisters. The offender also lived at the [omitted] property at the time with his parents and his brother.1
Sometime between 27 April and 1 July 2011, [omitted] arrived home to the [omitted] property from school.2
At about 4:30pm [omitted] and the offender were sitting in the loungeroom. The offender instructed [omitted] to stoke the fire, despite [omitted] grandfather (the offender’s father), [omitted], having strict rules against the children stoking or touching the fire.
[omitted] VARE, Q109—128.
[omitted] VARE, Q52.
Shortly after, the offender told [omitted] that [omitted] was stoking the fire. [omitted] sent [omitted] to his bedroom.3 [omitted] remembers the offender would often try to get [omitted] in trouble like this.4
About five minutes after [omitted] went to his bedroom, the offender followed him in, closed the door, and turned off the light. [omitted] was laying on his stomach on the bottom bunk, on top of the covers. It was early evening. The offender sat next to [omitted] on the bed and began rubbing [omitted] back with his hand, while apologising to him for getting him in trouble.5
The offender then began rubbing [omitted] buttocks and upper thighs, before pulling [omitted] school pants and underwear down with his hands. [omitted] told the offender, ‘no’. The offender responded by ‘shushing’ him repeatedly. The offender removed his own pants and climbed on top of [omitted], while [omitted] was still laying on his stomach.6
The offender unsuccessfully attempted to insert his penis into [omitted] anus, but [omitted] fought him off. The offender held onto the ladder of the bunk bed with one hand to prevent [omitted] from getting up and continued to spit onto his other hand in an attempt to lubricate his penis and [omitted] anus with his saliva.7
The offender then flipped [omitted] onto his back so that he was lying face up with his school pants and underwear still pulled down. The offender touched [omitted] testicles and penis with his hand, while he masturbated his own penis with his other hand. After a short time, the offender ejaculated onto [omitted] stomach. The offender then pulled his pants up and left the bedroom without saying anything.8
[omitted] VARE, Q53—55.
[omitted], [11].
[omitted] VARE, Q56.
[omitted] VARE, Q57—58, 67—77.
[omitted] VARE, Q38—108.
Ibid.
Five to 10 minutes later, the offender returned and placed a peanut butter sandwich on the bedside table next to the bunk bed where [omitted] was still laying and said, ‘That's for you’, before exiting the room again.9
At that time, [omitted] was aged five years, and the offender was 17 or 18.10
The occasion in the bungalow
About one week later, [omitted] was asleep in a bed in the semi-detached bungalow at the [omitted] property. Another of [omitted] uncles (the offender’s brother) was in the same room, sleeping on another bed.
[omitted] was sleeping on his left side, wearing only underpants, when he awoke to the sound of the wooden door to the room opening and closing. He looked up to see the offender sitting on his mattress.11
The offender did not say anything. He began rubbing the inside of [omitted] right thigh with his hand. The offender opened [omitted] legs by pulling his right knee outwards and continued to rub the inside of his thigh.12
The offender then began rubbing [omitted] penis and testicles on the outside of his underwear. 13
The offender rolled [omitted] from his side to his stomach. He pulled [omitted] underwear down with his hands and attempted to lubricate [omitted] anus with his saliva. The offender then penetrated [omitted] anus with his penis and continued to thrust his penis in and out for several minutes. [omitted] was not sure whether the accused ejaculated.14
The offender left the room, and [omitted] pulled the blanket back up over him and cried himself to sleep.
[omitted] VARE, Q59—60.
[omitted] VARE, Q97—108.
[omitted] VARE, Q213—220.
[omitted] VARE, Q221—223, 226—230.
[omitted] VARE, Q213—239.
[omitted] VARE, Q236—237.
At the time, [omitted] was aged five years, and the offender was 22 or 23.
The occasion after the Scienceworks excursion
In 2016, [omitted], his siblings, his mother and his father all moved into the [omitted] property. [omitted] and [omitted] shared a bedroom within the townhouse and slept on bunkbeds.15
Two or three months after they moved into the property, the offender also moved in and lived there for a few months. He slept on a blow-up mattress on the floor of [omitted] and [omitted] bedroom.16
Sometime between 1 March and 30 April 2016, at approximately 6:00pm, [omitted] was asleep on the top bunk of his bedroom after a long day at a school excursion to Scienceworks. [omitted] woke up to the offender standing on the bed frame of the bottom bunk, facing him. The offender reached his arm through the railing of the top bunk and placed a hand on the inside of [omitted] underwear.17
The offender rubbed [omitted] penis with his hand as [omitted] was waking up. He told [omitted] to ‘go back to sleep.’ [omitted] tried to move away. The offender grabbed the inner waistband of [omitted] pants, using the hand already on the inside of [omitted] underwear, and held him close. The offender was interrupted by [omitted] and [omitted] mother (the offender’s sister), [omitted], calling out to the offender for help.18
At the time, [omitted] was aged nine or 10 years, and the offender was 22.
The occasion on the balcony
On an evening between 1 March and 1 July 2016, [omitted] was in the care of the offender at the [omitted] property while [omitted] parents went out for dinner. At the time, the balcony at the property had been closed in with a tarpaulin.
[omitted] was sitting on the balcony, which was accessible from his parents’ bedroom. The offender entered the balcony area and closed the door behind him. The offender
[omitted], [6]; [omitted] VARE, Q238—244, 273, 282.
[omitted] VARE, Q281.
[omitted] VARE, Q282—283.
[omitted] VARE, Q272—323.
then sat on a chair next to [omitted]and asked him whether he had told anyone about previous incidents of sexual offending, to which [omitted] replied that he had not.19
The offender stood up and approached [omitted] from behind. He pushed [omitted] hair behind his ear before running his hand down the front of [omitted] shirt onto his bare chest. [omitted] said to the offender, ‘I don’t want to do this anymore.’20 The offender did not reply, but proceeded to remove [omitted] t-shirt from the waist up.21
The offender then wrapped his arms around [omitted] waist and undid his pants. He pulled [omitted] pants and underwear down. He touched [omitted] penis and testicles with his hand while rubbing his own penis with his other hand.22
The offender pulled his own pants down, pushed [omitted] shoulders forward so that he was bent over the table on the balcony, and penetrated [omitted] anus with his penis. The offender thrust his penis in and out of [omitted] anus for a short period of time before ejaculating inside [omitted] anus.23
The offender told [omitted] to ‘clean himself up’. [omitted] went to his bedroom and locked the door until his parents returned home later that evening.24
At the time, [omitted] was aged 10 years, and the offender was 22 or 23.
Charge 2 – Persistent sexual abuse of a child under 16
The occasion on Christmas day
On 25 December 2017, Christmas day, the offender hosted a family lunch at the [omitted] property where he was living at the time. [omitted] was there, with his siblings and parents.25
[omitted] VARE, Q341.
[omitted] VARE, Q343.
[omitted] VARE, Q342—343.
[omitted] VARE, Q336—351.
[omitted] VARE, Q343—346.
[omitted] VARE, Q346.
[omitted] VARE, Q369—391.
During the course of the day, the offender led [omitted] to the rear shed of the property and penetrated [omitted] mouth with his penis until he ejaculated in [omitted] mouth.26
At the time, [omitted] was aged 11 years, and the offender was 24.
Unparticularised acts
Shortly after that Christmas day of 2017, the relationship between [omitted] parents broke down. In March 2018, [omitted], his siblings, and his mother moved back to the [omitted] property. They lived there with the offender’s parents ([omitted] and [omitted] grandparents). [omitted], his mother and all his siblings shared a semidetached bungalow bedroom for about four months. 27
At that time the offender lived with his partner at the [omitted] property.28
Over the next two years, [omitted] would regularly stay with the offender and his partner at the [omitted] property.29 During each of [omitted] regular visits to the [omitted] property, the offender would either masturbate [omitted], use [omitted] hand to masturbate himself, penetrate [omitted] mouth with his penis, or penetrate [omitted] anus with his penis.30
[omitted] recalls that, when he would stay overnight at the [omitted] property, the offender would turn the electricity off, knowing that [omitted] was afraid of the dark and would seek out comfort from him.31
The occasion in the shed
On one occasion, between 26 March and 31 July 2018, [omitted] was outside in the yard at the [omitted] property when the offender called him into the shed. [omitted] and
[omitted] VARE, Q369—391.
[omitted] VARE, Q478—480.
[omitted] VARE, Q364—365.
[omitted] VARE, Q423—426; [omitted] (1st), [16]; [omitted], [25].
[omitted] VARE, Q425.
Ibid.
the offender spoke for a short while before [omitted] turned to leave. The offender told [omitted] that he could not leave yet, and locked the door from the inside.32
The offender pulled his pants down and instructed [omitted] to come over to him. [omitted] said, ‘no’. The offender approached him and forcibly pulled his pants down from the waist, scratching [omitted] thigh with his nail as it ran down his leg.33
[omitted] began sobbing while the offender moved tyres around within the shed to make some space. The offender then pulled [omitted] by the shoulder over to the cleared-out area. Within the cleared-out area was an old desk. The offender laid [omitted] on top of the desk. He removed his own pants entirely, and climbed on top of [omitted], who was laying on his stomach.34
The offender forcibly penetrated [omitted] anus with his penis without any lubrication or saliva. The offender continued to penetrate [omitted] anus for about five minutes by thrusting in and out.35
The offender told [omitted] to pull up his pants, which he did. [omitted] turned around to face the offender. The offender instructed [omitted] to watch as the offender masturbated his own penis. The offender then grabbed [omitted] hand and guided it towards his penis and forced [omitted] to masturbate his (the offender’s) penis until he ejaculated onto the floor of the shed.36
The offender brushed the dirt off his knees and pulled his pants up. He unlocked the door and left, leaving [omitted] in the shed alone. 37
At the time, [omitted] was age 12 years, and the offender was 25.
[omitted] VARE, Q480—485.
[omitted] VARE, Q486.
[omitted] VARE, Q487—489.
[omitted] VARE, Q479—499, 517—524.
[omitted] VARE, Q490—491, 520.
[omitted] VARE, Q490—491.
The occasion on New Year’s eve
On New Years eve, 31 December 2019, [omitted] spent the afternoon and evening at the [omitted] property with the offender, the offender’s partner and others. The offender supplied [omitted] with alcohol for the occasion and the group drank in the rear yard of the property.38
During the afternoon or early evening [omitted] used the toilet, which is in the laundry at the rear of the residence. The offender walked into the laundry while [omitted] was using the toilet, despite [omitted] asking him not to. The offender called [omitted] over to where he was standing.39
The offender pushed [omitted] up against the laundry shelving and bit his ear, causing it to bleed. At the time [omitted] was not wearing a shirt, only pants and underwear. The offender rubbed [omitted] bare torso with his hands. The offender then grabbed [omitted] genitals over the top of his pants in an aggressive manner.40
The offender instructed [omitted] to put the toilet seat down and sit on the toilet facing him. The offender said, ‘This is what you get for trying to stop me’, before penetrating [omitted] mouth with his penis. The offender continued to penetrate [omitted] mouth with his penis until he ejaculated in [omitted] mouth.41
The offender exited the laundry immediately after. [omitted] exited a short time later.42
At the time, [omitted] was aged 13 years, and the offender was 26.
Unparticularised acts
After this incident in 2019, the offender continued to sexually assault [omitted] by touching his penis, using [omitted] hand to masturbate himself, and penetrate [omitted] mouth with his penis whenever he had the opportunity to do so, up until July 2021.43
[omitted] VARE, Q427—429; [omitted] (2nd), [15].
[omitted] VARE, Q429—432.
[omitted] VARE, Q427—447.
[omitted] VARE, Q435—436, 437.
[omitted] VARE, Q437.
[omitted] VARE, Q560—591.
The occasion in [omitted] caravan
In July 2021, [omitted] began living in a caravan at the [omitted] property. Also living at that property were [omitted] uncle and aunty (the offender’s brother and sister-in- law).44
On an occasion in July 2021, the offender visited the [omitted] property with his mother ([omitted]grandmother). The offender, [omitted], and [omitted] grandmother, uncle and aunty were inside the [omitted] property when [omitted] decided to leave and go to his caravan.45
Shortly after [omitted] entered his caravan, the offender followed. [omitted] was sitting on his bed. The offender sat next to him. The offender touched [omitted] inner thigh and attempted to touch [omitted] penis over the top of his clothing.46 [omitted] stopped him.
[omitted] stood up, grabbed a nearby kitchen knife, and told the offender that if he ever touched him again, he would kill him. The offender shrugged, stood up, and left the caravan.47
At the time, [omitted] was aged 15 years, and the offender was 28.
Offending against [omitted]
Charge 3 – Sexual abuse of a child under 16
The occasion in the laundry
The first time the offender abused [omitted] was at the [omitted] property sometime between 1 August 2017 and 11 July 2018.
On this occasion, the offender took [omitted] to the toilet in the laundry at the rear of the residence.48 Once inside the laundry, the offender massaged and touched [omitted] penis with one hand while using the other hand to touch [omitted] buttocks. This went on for a short time before the offender left the room without saying anything. Upon
[omitted] VARE, Q144.
[omitted] VARE, Q150—167.
[omitted] VARE, Q144—175.
[omitted] VARE, Q174.
[omitted] VARE, Q35—50.
his return, the offender continued to converse with [omitted] mother (the offender’s sister), [omitted], as if nothing had happened.49
At the time, [omitted] was aged five years, and the offender was 24 or 25.
Unparticularised acts
After this, the offender repeatedly sexually assaulted [omitted] by touching and massaging his penis and touching and massaging his buttocks whenever the offender got the opportunity. This happened on about 20 occasions in the [omitted] property, mostly in the laundry, between August 2017 and June 2021.50
[omitted] and [omitted] sister recalls that often, when they were at in the loungeroom at the [omitted] property, the offender would say, ‘come here for a second’ to [omitted] or [omitted]. The offender would ‘coax’ them into his bedroom or bathroom, and would do this ‘constantly’ over a period of several years, ‘whenever he had the opportunity’. He would disappear with one of the boys for a little while. She would try to go into the room where he took them, but never could, because the offender would yell at her or there would be something blocking the door.51
The occasion in [omitted] bedroom
On 17 July 2022 [omitted], his mother ([omitted]) and his sisters moved into a cabin at the [omitted] Caravan Park.
On one occasion, between 18 July and 14 August 2022, the offender and his mother ([omitted] grandmother) went into [omitted] cabin to drop off groceries to [omitted] and the children. While others were retrieving the groceries from the vehicle, the offender called [omitted] into [omitted] bedroom.52
The offender placed his hand down the front of [omitted] black jeans and began massaging and touching his penis until he was interrupted by the sound of someone
[omitted] VARE, Q45—82.
[omitted] VARE, Q81, Q148—151, 216—227, 247—265.
[omitted], [13], [15].
[omitted] VARE, Q85—144.
entering the cabin. The offender removed his hand from [omitted] pants and left the room.53
At the time, [omitted] was aged nine years, and the offender was 29.54
The occasion in the parked car
On another occasion while they were staying at the [omitted] Caravan Park, also between 18 July and 14 August 2022, [omitted], [omitted], the offender and the offender’s mother ([omitted] grandmother) drove to the grocery store.55
They parked in the carpark at Coles [omitted]. [omitted] and the offender’s mother left the car to go into Coles to buy cigarettes, leaving [omitted] and the offender in the vehicle alone.56
The offender placed his hand down the front of [omitted] pants and touched and massaged [omitted] penis for a short time until the other two returned.57
At the time, [omitted] was aged nine, and the offender was 29.
Complaint and admissions
On 15 August 2022, the day after his grandfather, [omitted], died, [omitted] was with his aunt at the [omitted] property. He told her that the offender had touched him.58 He said that the offender made him touch him and would ejaculate on him.59 He told her the details of three of the occasions the offender abused him.60 He said that it would happen every time the offender would come and stay.61
[omitted] VARE, Q91—94.
[omitted] VARE, Q84—86, 105—116.
[omitted] VARE, Q153—172.
[omitted] VARE, Q173—188.
Ibid.
[omitted] (1st), [4].
[omitted] (1st), [5].
[omitted] (1st), [6], [8]—[9], [11].
[omitted] (1st), [7], [10].
The following day, [omitted] also told his uncle and his mother about the offending.62
On 21 August 2022 [omitted], the offender, and other family members were at the [omitted] property to discuss funeral arrangements for [omitted]. At 6:50pm, [omitted] called the offender aside in the presence of two others and asked for an admission and an apology for the offending against him. The offender said, ‘I am sorry for what I did to you. It should never have happened.’ He then shook [omitted] hand and walked away. The audio of this interaction was recorded by [omitted] and provided to police.63
On 31 August 2022, [omitted] reported the offending to the [omitted] Police Station.
In early September 2022, [omitted] told [omitted] that the offender had also sexually assaulted him. [omitted] relayed this to his mother.64
On 7 September 2022, [omitted] reported the offending to the [omitted] Police Station.
Arrest and interview
On 14 September 2022, police arrested the offender and took him to the [omitted] Police Station for interview. Also present was an Independent Third Person. He made partial admissions to the offending. He admitted to sexually assaulting [omitted] and [omitted]. Other than a single instance of penile-oral penetration, the offender denied sexually penetrating [omitted].
When police told him he was there to talk about [omitted] and [omitted], the offender said that in 2016 [omitted] started ‘asking questions’, and he (the offender) did the best to answer them. The offender then said:65
His mother was in an abusive relationship with his father so me being the uncle, I tried to answer as many questions as I could. Some of these questions were not right but I still answered them, and yeah, and it grew into more ... That's when stuff happened.
[omitted], [33]; [omitted], [15]; [omitted], [33].
[omitted] VARE, Q652—656; [omitted] (1st), [13]; Ex 12: Video recording of conversation between [omitted] and the offender.
[omitted], [16].
Ex 20, 21: Recorded interview (14 September 2022), Q105.
When asked what ‘stuff’ happened, the offender replied, ‘That's been… touching and… yeah… it began with harmless grabbing and accidental grabbing - apologies were being said - and then it just grew.’ When asked what it grew into replied ‘the – the – more touching, essentially… it was just sex questions and then the jerking off.’ 66
When asked why he sexually assaulted [omitted] the accused responded, ‘I don’t know, I've been struggling to find the answer to that question myself for years. I don’t know why I did it. I don’t know what made me do it.’67
When asked about the first occasion with [omitted] (after he asked [omitted] to stoke the fire), the offender said: 68
I did come up behind him, but I did not do any of that, no… That was, I did not do any of that of any kind… grabbed something and tried to poke him with it. I got him in the butt accidentally, but - yeah. I have hurt him a bit and he's jumping up and down, yelling in pain. I think my mum and sister come in - or, I think, my mum. I think she was doing the animals at the time. Came in and I said, "He's hit his head." I think I - it's, like - I didn't wanna get in trouble for poking him and accidentally getting him in the butt, so I said, "He's hit his head,” and - yeah. It was that. I did apologise to him for doing it, but - yeah.
When asked about the incident a week later (in the bungalow), the offender denied the incident: 69
No, it really doesn't. And for me to have attempted sex with him, my brother would have woken up because the movement that would require that would've woken my brother up.
When asked about the incident after the Scienceworks excursion, the offender said: 70
‘That's - no. That's never happened. As I said, that was always done in the room. It was done a couple of times in the room and there was also another time where he wanted to do it again, but this time at a different location”… [when asked about what he means by ‘doing it’] … masturbating… so basically it was - the second - first time was done in his room… and then the second time was actually done at his grandparents' place … and [omitted], out the back, where he has ejaculated… And it was a time period from then to 2017.
Ex 20, 21: Recorded interview (14 September 2022), Q107—112.
Ex 20, 21: Recorded interview (14 September 2022), Q186.
Ex 20, 21: Recorded interview (14 September 2022), Q367.
Ex 20, 21: Recorded interview (14 September 2022), Q411.
Ex 20, 21: Recorded interview (14 September 2022), Q432—436.
The offender denied the occasion on Christmas day. 71
When asked about whether there were any occasions at the [omitted] property when the accused penetrated [omitted] mouth with his penis, the offender stated: 72
No. Wait, there was actually one, 'cause he said he wanted to do it and… "O.K., but this is the only time," and that was… Essentially, he - we were doing it and he's like, "I wanna, you know, suck on your dick," and it's like, "O.K. This'll be the only time you do it and if you tell, I would get in serious trouble," and he's like, "O.K., I won't tell.” He - he did it for, like, 20 seconds and I said, "That's it." That was in [omitted], in the middle room. No, that
- he was 12… 13, I think, I believe. I can't remember the exact age.
The offender denied any sexual conduct on the occasion in the shed and the occasion on New Years eve. 73
When asked about the incident in [omitted] caravan, the offender said:74
No. I did grab his leg … in a claw way, but that's about it… That was in the caravan, yes. But there was nothing sexual or anything - well - well, I was not intended of the sexual thing, but I did grab his leg just above the knee part, where he was always ticklish … He thought I was going to do it again and he's like, "No, no," and I was like, "Relax, I'm not going to do it," because – yeah And I went, "I'm sorry if it was - it turned out like that, but that was not going to - it wasn't leading down to that." No definitely not. I did grab his leg in like a claw way but that’s about it. There was nothing sexual about it, but I did grab his leg above the knee part where he was always ticklish. He thought I was going to do it again.
Regarding the offending against [omitted] the accused stated: “There has been a couple of times where I've done the same thing to him, to [omitted], but that's only three times… I've just made sure I jerked him off and that's it.” 75
The offender admitted to the occasion in the laundry as the first time he had sexually assaulted [omitted].76
The offender denied any sexual conduct during the occasion in Sarah’s bedroom and the occasion in the parked car.77
Ex 20, 21: Recorded interview (14 September 2022), Q447.
Ex 20, 21: Recorded interview (14 September 2022), Q449—455.
Ex 20, 21: Recorded interview (14 September 2022), Q476, 503—505.
Ex 20, 21: Recorded interview (14 September 2022), Q518—523.
Ex 20, 21: Recorded interview (14 September 2022), Q275—276.
Ex 20, 21: Recorded interview (14 September 2022), Q579—582.
Ex 20, 21: Recorded interview (14 September 2022), Q607—610, 654—656.
Part II: Sentencing provisions
Victim impact statements
Each victim has been offered the opportunity to prepare a victim impact statement.
Maximum penalty
The applicable maximum penalties are:
a. Persistent sexual abuse of a child under 16 years (charges 1 and 2) – 25 years
b. Sexual assault of a child under 16 years (charge 3) – 10 years
Standard sentence scheme
The standard sentence provisions do not apply. Although each offence charged is now a standard sentence offence, the standard sentencing scheme had not been introduced at the time of the offence commencement period.78
Category 1 and category 2 offences
For the same reason, the mandatory sentencing scheme for category 1 offences does not apply to charge 1.79
However, the mandatory sentencing scheme does apply to charge 2. Persistent sexual abuse of a child under the age of 16 (contrary s 49J(1) of the Crimes Act 1958) is a category 1 offence. That scheme was in force at the charge commencement date. This Court can only impose a custodial sentence on that charge.80
Charge 3, sexual assault of a child under 16 years, is neither a category 1 nor category 2 offence.
Sentencing Act 1991, s 162(3). The commencement date of the standard sentencing scheme for these offences was 1 February 2018.
Sentencing Act 1991, s 160(3).
Sentencing Act 1991, s 5(2G).
Each charge is for a ‘sexual offence’ within the meaning of the serious sexual offender provisions.81 A serious sexual offender, for present purposes, is a person convicted of two or more sexual offences and has been sentenced to a term of imprisonment.82
Although [omitted] was aged under 21 for part of the offending, the ‘young offender’ exception to the serious offender scheme applies only to an offender aged under 21 at the time of sentence.83
[omitted] will qualify as a serious sexual offender once he is sentenced on any two of the charges on the indictment. He will thereafter fall to be sentenced as a serious sexual offender for the third charge.84 His status as a serious sexual offender must be entered into the records of the court for that charge, but not for the qualifying charges.85
The effect of that status (on the third charge) is that:
a. the Court must regard protection of the community from the offender as the principal purpose for which the sentence is imposed; 86
b. the Court may impose a longer than proportionate sentence; 87 and
c. the presumption of concurrency of sentencing orders is displaced with a presumption of cumulation.88
Criminal history
The offender has no criminal history.
Sentencing Act 1991, Sch 1 cl 1.
Sentencing Act 1991, s 6B(2).
Sentencing Act 1991, s 3(1) (definition of ‘young offender’).
Sentencing Act 1991, s 6C(1).
Sentencing Act 1991, s 6F.
Sentencing Act 1991, s 6D(a).
Sentencing Act 1991, s 6D(b).
Sentencing Act 1991, s 6E.
Sections 5(2)(e) and 6AAA of the Sentencing Act 1991 apply.
The guilty plea was entered on the morning of a special hearing on 22 January 2025. No victims were cross-examined (but [omitted] was present at a remote witness facility in readiness for giving evidence).
Pre-sentence detention
Nil.
Sex offender registration
Charge 2 on the indictment is a Class 1 offence within the meaning of the Sex Offenders Registration Act 2004.89 Charge 3 on the indictment is a Class 2 offence.90 They are each a ‘registrable offence’, given that [omitted] was an adult throughout the period of offending.91
Once a sentence is imposed on either or both of these charges, [omitted] will be a ‘registrable offender’.92 He will have reporting obligations for the remainder of his life.93
Ancillary orders sought
The prosecution does not seek the making of any further ancillary orders.
DATED: 23 January 2025
E S DOBER
Prosecutor
Sex Offenders Registration Act 2004, Sch 1, cl 2.
Sex Offenders Registration Act 2004, Sch 2, cl 5A.
Sex Offenders Registration Act 2004, s 7(1).
Sex Offenders Registration Act 2004, s 6(1).
Sex Offenders Registration Act 2004, s 34(1)(c)(ia), (ii).
IN THE COUNTY COURT OF VICTORIA Court reference: CR-24-00652 AT MELBOURNE Indictment P12612880.1
CRIMINAL DIVISION
DIRECTOR OF PUBLIC PROSECUTIONS
and [omitted]
PROCEDURAL CHRONOLOGY
| Dateof document: | 23 January 2025 |
| Filedonbehalfof: | Prosecution |
| Preparedby: | |
| AbbeyHogan | |
| SolicitorforPublicProsecutions | Solicitor’s code: [omitted] |
| 565Lonsdale Street | Telephone: [omitted] |
| MelbourneVic.3000 | E-mail: [omitted] |
| Date | Event |
| 27 April 2011 to 30 June 2017 | Approximate dates of offending – charge 1 |
| 1 July 2017 to 31 July 2021 | Approximate dates of offending – charge 2 |
| 1 August 2017 to 14 August 2022 | Approximate dates of offending – charge 3 |
| 31 August 2022 | Complainant [omitted] participated in VARE |
| 9 September 2022 | Complainant [omitted] participated in VARE |
| 14 September 2022 | Accused arrested and interviewed |
| 6 December 2023 | Accused charged |
| 15 December 2023 | Filing hearing |
| 27 February 2024 | Committal mention (Adjourned) |
| 30 April 2024 | Committal mention (SHUB – plea not guilty) |
| 3 June 2024 | Directions hearing (Adjourned) |
| 3 July 2024 | Directions hearing (s 198A hearing listed) |
| Date | Event |
| 2 September 2024 | 198A hearing ([omitted] cross-examined) |
| 10 December 2024 | Directions hearing (10 day trial date confirmed for [omitted] circuit commencing 17 February 2025. Ground rules hearing and special hearing listed). |
| 21 January 2025 | Ground rules hearing |
| 22 January 2025 | Special hearing (matter resolved). Accused arraigned (plea of guilty). |
| 25 March 2025 12 June 2025 | Plea hearing listed at County Court – Defence application for adjournment for further neuropsychic report. Plea hearing listed. |
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