Director of Public Prosecutions v Valsamakis

[2018] VCC 2311

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-18-00248

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER VALSAMAKIS

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JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:	4 June 2018 and 31 July 2018
DATE OF SENTENCE:	11 September 2018
CASE MAY BE CITED AS:	DPP v Valsamakis
MEDIUM NEUTRAL CITATION:	[2018] VCC 2311

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:                 Procure Sexual Penetration by Fraud – Indecent Assault – Sexual Assault – Unlicensed Sex Work – Possess Drug of Dependence

Legislation Cited:        Sentencing Act 1991 – Crimes Act 1958 – Sex Work Act 1994 -Sex Offender Registration Act

Cases Cited:

Sentence:Total Effective Sentence of 18 months' imprisonment on Charges 1, 2, 4, 5, 6 and 9, and in relation to the remaining charges, a two year Community Correction Order.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B. Nankin
For the Accused	Mr A. Maloney

HER HONOUR: 

1Peter Valsamakis, you are a 42 year old man and have pleaded guilty to charges of procuring sexual penetration by fraud, indecent and sexual assaults and some associated offences.  The charges span a time frame from September 2012 to April 2017.  There are five different male victims.

2During the period of your offending, you were working as a male escort providing sexual services to men.  You advertised your services on websites Locanto and Craigslist which operate as classifieds where people can advertise services and products.

3You advertised sexual services in the section for females seeking males.  In that section, you would purport to be Michelle or Viv.  You did not refer to the fact that you were male.  Victims Coogan[1], Hamad[2] and Decker[3] responded to the advertisement in the belief they were contacting a female.  Victims Borg[4] and Adi[5] had both placed an advertisement on Locanto seeking the company of a female.  You responded to those ads pretending to be a female named Michelle.  You then communicated via text message and phone calls.  Each of the victims believed they were speaking with a female named Michelle.

[1] A pseudonym.

[2] A pseudonym.

[3] A pseudonym.

[4] A pseudonym.

[5] A pseudonym.

4‘Michelle’ told each of them about a fantasy involving the victim attending at an address where she would then either let them in or the door would be ajar.  She then instructed that they were to enter the premises, undress, put a blindfold on and sit on the couch.  They were then to say, "I'm ready" and you, pretending to be Michelle, would enter the room and perform sexual acts on them.  Each of the victims agreed to participate in the fantasy as described by Michelle.  Each shortly discovered that Michelle was in fact a male and was you.

5The matters first came to the attention of police following the offences committed against the complainant Mr Coogan in June 2016.  On 27 May 2016 you posted two advertisements in the women seeking men section of Locanto.  Those were titled, "Attractive MILF looking for sexy toy boy" and, "Sexy MILF looking for muscle toy boy escort".

6The victim, 22 year old Mr Coogan, answered your advertisement.  Photographs and messages were exchanged over several days with the ‘female’ then asking the victim to attend her address and carry out the fantasy.  Several phone calls followed.  Mr Coogan describes you as being quite forceful in trying to have him attend your residence.  He told you that he needed to know what you looked like before considering engaging in the fantasy scenario.  You then sent two pictures of a female in underwear.  The victim believed these were of Michelle.  You called again after sending the photos and the victim agreed to attend your address in Pickles Street, Port Melbourne.

7At 1.40 am on 4 June 2016, Mr Coogan arrived and was buzzed in.  You told him to do as previously instructed.  He entered the apartment, went to the couch, took off his clothes and used his t-shirt to blindfold himself before calling out, "I'm ready".  You entered and put a hand on his penis.  You then moved his legs apart and licked his anus and genitals for about five minutes.  That is Charge 4.

8You put his penis into your mouth and sucked it for about five minutes.  That is Charge 5.

9You grabbed his arm gently and turn him onto his right side and spanked him on the bottom.  That is Charge 6.

10You then rolled him back and continued sucking and masturbating his penis.  This continued for about five minutes until he ejaculated into your mouth and that is part of Charge 5.

11The blindfold was then removed and he saw you.  You then claimed that your girlfriend had set this up but you could not provide any details of the girlfriend.  Mr Coogan became angry, you told him you did not want trouble and asked him to leave and he did so.

12On 22 June he contacted you via Locanto asking you to respond to messages as he was concerned he may have contracted a sexually transmitted disease.  On 30 June he reported the matter to police.  Telephone records were examined and revealed a total of 35 communications from you to him.  You were interviewed on 12 July and were released pending possible charges.

13Sometime between July and October 2016, 30 year old Mr Borg placed an advertisement on Locanto in the male seeking female section.  Despite the previous intervention of police, you responded again purporting to be Michelle.  You spoke with Borg both on the telephone and via text messages, including sending two semi-naked pictures of Michelle.  He sent you naked pictures in return.

14Soon after, you called purporting to be Michelle and detailed the fantasy.  He originally declined and did not hear anything from you again until New Year's Eve 2016.  On that occasion you asked him if he was interested and sent a picture of a naked female from the waist down.  He told ‘Michelle’ that he was interested and you asked for more naked pictures of him.  He did not send any.

15On Monday 2 January you again made contact with him and again on 3 January, you again detailed the fantasy.  In addition, you told him that ‘Michelle’ would then take him into her room and have unprotected anal sex with him.

16Arrangements were made for him to meet at your address again in Port Melbourne on 3 January 2017.  He states he was travelling from Box Hill and you became impatient and verbally aggressive regarding the time it was taking for him to arrive.  An argument ensued and the victim originally called off the meeting.  You changed your tone and told him he should still come and that you would be nice.  He asked for a selfie of your face but instead you sent a picture of a woman's vagina and anus.

17Upon arrival at the apartment, the victim followed the instructions to the couch, he undressed and blindfolded himself with a scarf which he had brought with him and called out, "I'm ready".  You approached, put his penis into your mouth and performed oral sex upon him for about three to five minutes.  That is
Charge 9.

18He peeked under the blindfold and discovered the person kneeling in front of him was a man wearing pink speedo bather bottoms.  He confronted you saying, "You're not Michelle, you're supposed to be a girl".  He then picked up his clothes and left the apartment naked.  He later sought to make contact with ‘Michelle’ but you did not answer.  He then sent text messages indicating he was going to police if she did not answer.  You called him back, as Michelle, and said that she had sent him to a male escort's place.  You alleged to Mr Borg that he had threatened to kill her.  Mr Borg contacted the South Melbourne police and reported the matter.

19During the course of the police investigations, enquiries were made with the Business Licensing Authority to determine if you were licensed to work in the sex industry under the Sex Work Act 1994. Those enquiries revealed that you had previously held an exemption from the requirement to hold a licence but that had expired on 16 September 2013. You never held a licence to provide sexual services.

20It was established that you had been carrying on the business and deriving an income from providing sexual services and deriving an income from that business between 3 March 2016 and 3 January 2017.  Those are Charges 7 and 8.

21Police executed a search warrant on your premises on 17 January 2017 and located four vials containing a liquid later confirmed to be testosterone and nandrolone decanoate.  Those are Charges 10 and 11.

22You were interviewed on 17 January.  You admitted working as a sex worker without a licence and you admitted the possession of drugs.  Further, you admitted sending Mr Borg pictures of the female and arranging for him to attend your premises, however you denied any sexual activity taking place.  DNA, however, taken from the complainant's penis confirmed the sexual activity as alleged by him.

23Text messages located on your phone seized during the search on 17 January revealed communications with the complainant, 26 year old Mr Hamad.  
Mr Hamad responded to your advertisement on Locanto during 2014.  Your advertisement was entitled, "Seeking a toy boy" or similar.  You told him your name was Michelle and again sent pictures of a naked female.  You spoke with him for about a week before you told the victim about the fantasy and arranged for him to attend an apartment in South Yarra.

24He attended, entering via an open door.  He saw a blindfold on the table.  He became suspicious about what was happening so he put the blindfold on but did not take his clothes off before calling out, "I'm ready".  He then heard footsteps and was able to see through the blindfold that the person was male.  He took the blindfold off and asked who you were and where the girl was.  Those events are Charge 3.

25You told him you were an escort who had been called to the apartment. 
Mr Hamad believed you were lying and asked to see your phone but you refused.  He then hit you in the face and you handed him the phone.  You started yelling so he left with your phone.  A few days later he received a message from the phone number that he had been communicating with ‘Michelle’ on.  It was you threatening him because he had assaulted you and taken your phone.  He did not report this to police at the time of the offending as he was too embarrassed.

26Sometime in March 2017, 28 year old Mr Adi placed an advertisement in the male seeking female section of Locanto.  On 26 April 2017 at approximately 1.30 am you rang him purporting to be Michelle.  You requested he come over but he said he could not and you instead exchanged photographs.  You sent him pictures of a blonde female.  He sent a naked picture to you and shortly after you phoned and asked him to come over and he agreed as he liked the picture of the female he had seen.

27You then detailed the fantasy to him and added that you would have unprotected sex afterwards.  You agreed to pay for a taxi.  You spoke to him while he was on his way and again detailed the fantasy and asked questions about what he enjoyed during sexual activity.

28He entered the apartment, proceeded to undress, sit on the couch and blindfold himself and then called out, "I'm ready".  You approached and he heard a male voice say, "What are you doing?" in an excited tone.  He jumped up and saw you dressed in black bikini underwear.  He asked where the girl was.  Those events constitute Charge 12.

29Soon after, he told you to fuck off and he left the unit naked.  He contacted the police and waited for them to arrive.  You were arrested and interviewed.  You made admissions to police, however denied that Mr Adi ever attended your apartment and you denied you were going to do anything with him.  You were charged and the bail that you entered in January 2017 was revoked.

30As a result of further police investigations, around that time police identified another complainant, 20 year old Mr Decker.  Enquiries revealed that you had reported a burglary and theft from your apartment in South Yarra in September 2012.  The accused was Mr Decker.  Mr Decker had been interviewed regarding that allegation in December 2012.  During his record of interview, he told police that he had seen an advertisement titled, "Fulfil my fantasy" and responded by contacting the female and arranging to meet.  He attended your apartment in South Yarra, entered via an unlocked door, sat on the couch, undressed and blindfolded himself before calling out, "I'm ready".  You entered the room and commenced licking between his testicles and anus before you inserted your tongue into his anus.  Those are Charges 1 and 2.

31He says he did not enjoy the experience and so he peeked out of the blindfold and saw the person kneeling in front of him was a man and appeared to be masturbating.  He asked where the girl was.  You said you thought that there was an arrangement in place with your girlfriend.  He left the apartment immediately and on his way out, encountered another male coming into the complex to meet ‘Michelle’.  Mr Decker told the other man that the person was in fact male.  Together, they then hatched a plan for the other male to distract you and for Mr Decker to steal your television.

32He was later arrested and interviewed over the matter.  He told police in his record of interview about what had happened but was too upset and distressed to provide a statement.  You refused to be interviewed in relation to those allegations.

33You have also pleaded guilty to three summary offences of breaching bail conditions by virtue of your offending in April 2017.  Those breaches were breaching the residence condition, the curfew condition and the condition not to access the Internet.

34In summary then, the chronology of your offending is as follows:

35You offended in September 2013 against Mr Decker, in December 2014 against Mr Hamad, in June 2016 against Mr Coogan.  You were then arrested in July 2016 and interviewed and released pending charges.  You then offended against Mr Borg in January 2017.  You were charged and released on bail.  In April 2017 you offended against Mr Adi whilst on bail and committed the other offences of live off earnings of sex work without a licence and the summary offences.  That chronology is important in considering issues of specific deterrence and your prospects of rehabilitation to which I will return.

36You grew up in Newport with your parents and grandmother.  You were one of a sibship of three, with two younger brothers.  Your grandmother died when you were 14.  Your mother was born in Greece.  Your father was also born in Greece and immigrated to Australia in the 60s.  Your mother was 17 years old when they married, while your father was 34.  He said apparently that he was forced to marry a Greek woman rather than his Australian girlfriend.  This made for a difficult marriage from the outset.

37Your mother became pregnant soon after at a time when your father had not wanted a family.  Your father was apparently absent for a lot of your childhood and according to your mother, he was having extramarital affairs.  When he was home, there was significant domestic violence against your mother, some of which, or its aftermath, was witnessed by you.

38Your mother suffered a miscarriage of her second child at a late stage of her pregnancy and you believe this was a result of your father physically assaulting her.  Your mother developed severe depression following the stillbirth of that second child and never fully recovered.

39Your mother took you and your brothers to Greece when you were eight years of age.  Her relatives encouraged her to stay given her situation in an unhappy marriage in Australia, however she felt loyal apparently and returned back to Australia.  She became pregnant again.

40Your youngest brother Sean was then born.  He is nine years your junior.  He suffered an episode of meningitis as a child and was left with a severe disability requiring a high level of attendant care.  Your mother's general practitioner describes him as having ‘severe mental retardation’.

41As the oldest son, you helped parent your disabled brother as a child and teenager and you have felt a high level of responsibility to help your mother.  Sean is currently in his early 30s and still requires a high level of care with activities of daily living such as eating and dressing.  He attends a care facility during the day which provides some respite for your mother.

42In terms of your schooling, you recalled having social problems in primary school and feeling like an outsider.  You were constantly bullied.  In high school things got worse for you and you were physically attacked a number of times.  You generally tried to avoid people.  You say you scraped through Year 12.

43After leaving school, you worked in the retail sector and also were involved in some bar work.  You gave an account of your personal and psychosexual history to Dr Adam Deacon, Consultant Psychiatrist, as detailed in his report dated 21 May 2018.

44You have had four significant relationships in the past, two in your late teens, early 20s, with females.  When you were 28 years of age you had a two year relationship with a male partner and then at 35 years of age, had a two year relationship with a different male partner.  You identify as homosexual. 

45Your family were aware you were gay but they do not approve of it and therefore you have had no support from them regarding your sexual orientation and development. 

46You became heavily involved in exercising and bodybuilding in your late adolescence and used anabolic steroids and testosterone over two years to improve your physique, no doubt in part because of your low self-esteem as a result of your formative years. You commenced sex work on an occasional basis when you were 18 years of age.  You used steroids and testosterone to enhance your libido. 

47You have identified that the period over which the offences had occurred was a dark period in your life.  You report at that time you were having very serious personal problems with your family.  Your father had died after a long illness with lung cancer in 2013, leaving that difficult relationship unresolved.  Your mother has had several illnesses, including her long term depression and more recently cancer and has been having chemotherapy treatment.

48You report your other brother, the middle brother, during that period of time ‘went off the rails’.  He began using drugs in 2006 and by 2013 the family were forced to take out an intervention order against him because of his escalating physical violence towards your mother, yourself and your younger brother.  This brother has also served a gaol term in the past.  You report feeling very much alone in your family.

49At the time of your offending you increased your use of crystal methamphetamine and say you were effectively medicating yourself with ice to stop the pain.  To maintain your lifestyle, including your drug use and to pay rent, you needed a steady income and so continued working as an escort.  That situation then became a perpetuating cycle and you say you progressively became ‘a mess’ and very self-destructive during this time.  You felt during this period you were crying out for it to stop.  You had no supports or friends during this time.  Your mother was unwell and your younger brother was a constant stress for her and your family.

50You gave a detailed account to Dr Deacon and also to Dr Ria Zergiotis from whom I have also received a report.  You described your declining mental health in this context, however you could not adequately explain why you began presenting yourself as a female client and initially stated you felt your actions were morally rather than legally wrong.  At the time, you were engaging in sex work of up to five clients per day, six days a week, using ice, anabolic steroids and testosterone.

51In terms of your own efforts to seek help, you saw a psychologist on two occasions in your 20s to assist you in dealing with your younger brother's issues.  You have seen your general practitioner at times, Dr Mouratides, who is your family's long time practitioner.  He suggested taking antidepressants but because of your mother having a long history of taking antidepressants and being zombie-like, you have always been resistant.  You reported that whilst in prison you have had a trial on an antidepressant, however, "It numbed everything and I was very emotional on it".  You saw a prison psychologist on a few occasions in prison.

52In terms of any history of self-harm, you stated to the psychiatrist that you believed your escalating drug use was a form of self-harm and that at times, you would deliberately use large amounts of ice and other substances as a form of self-harm.  Dr Deacon confirms you have experienced difficulties since being incarcerated.

53I have also received a psychiatric report from Dr Zergiotis, Consultant Psychiatrist with the Victorian Institute of Forensic Mental Health.  She assessed you on 25 June 2018.  She reported that during your prison term, you say, "I've completely shut down".  You report being horrified with the situation you are in.  You report that as you have become more sober in custody, in essence you have more fully contemplated your situation and your offending.

54You were initially placed in mainstream prison, however you were physically assaulted by three co-prisoners.  You were then placed in isolation.  You were later moved to the protection unit of Port Phillip Prison and then to Hopkins Correctional Centre.  You say you have remained anxious, hypervigilant and jumpy in custody.  You have experienced a number of co-prisoners making sexual advances towards you and have been physically threatened whilst in protection.

55Dr Zergiotis also confirms your report of significant psychosocial stresses from 2012 as the background for your declining mental health, escalating illicit drug use and your offending.  She notes this also included, from a cultural perspective, the significant stigma of your sexuality and denial from your family and Greek community which added to your negative self-view.

56She says you present with a depressive disorder of moderate severity with significant post-traumatic features.  She says, "He also presented with borderline personality traits, in particular unstable self-image, impulsivity, self-destructive behaviours and a chronic feeling of emptiness".  In addition, she notes your significant history of polysubstance abuse which would have met the criteria for a substance use disorder.

57Dr Deacon assessed your risk of reoffending as low.  He said you were self-reflective, considered, and appeared remorseful and ashamed.  He reports that whilst you have been in custody, you have realised your need to focus on caring for your mother and disabled brother.  Your mother has visited you monthly which is very difficult for her.

58Dr Deacon says you are resolved not to engage in sex work again and according to him, you are open to engaging with a psychologist.  You have expressed remorse saying that you realise your conduct was wrong and that at the time, you were not considering the impact on the victims.  You now report understanding your actions would have caused them harm.

59Dr Deacon concludes that you now have appropriate insight into the offending.  He states, "He curiously offended again while on bail and this may reflect his ongoing desire to engage in the act and alternatively reflects self-sabotage and a subconscious desire to be arrested so the conduct could end".  That is consistent with your own report of self-loathing during that period.

60Dr Deacon says you were persuasive when reporting that you have no desire to return to the sex industry and that time since your arrest has been somewhat relieving, given you were forced to leave a toxic lifestyle.  He notes your lack of any previous criminal history and that the current offending is isolated to your professional life as a sex worker.  He says, "Given the anomalous nature of this case, it is difficult to apply contemporary assessment tools to evaluate his risk of sexual reoffending.  Withstanding these limitations, the RSVP can be used to guide an evaluation based on identified historical and dynamic risk factors".

61He notes that while you psychologically deceived the unsuspecting clients, you did not engage in any additional sexual violence or violent behaviour.  He says you appeared to have formed a deviant sexual script and fantasy, although this needs to be understood to possibly reflect a long history of engagement in consensual, perverted sexual acts with clients.

62He notes your predisposition to engaging in such conduct, given your increasingly prolific use of methamphetamine, testosterone and anabolic steroids.  He says you do not otherwise appear to be markedly personality disordered or psychopathic.  He says, "He appears to be paradoxically a socially awkward and avoidant man with a placid temperament.  He does not have history of interpersonal violence or aggression".

63He says that you are willing to engage in psychological therapy and further, "It can be anticipated that he would be readily engaged and responsive to intervention and supervision.  His rehabilitation prospects can be considered very good.  His risk of reoffending based on identified historical and dynamic risk factors can be considered low".

64Dr Zergiotis also confirms your resolve and motivation to continue your abstinence from drugs and to make appropriate lifestyle changes.  She reports your insight was reasonable and confirms your guilt and remorse for this offending and distress that you have been unable to assist your family whilst incarcerated.  She reports that the positive aspects of being in gaol, according to you, was your experience of achieving abstinence from illicit drugs and time to reflect on your life and improve your insight.

65Dr Zergiotis states you present as an individual with good prospects of rehabilitation.  She outlines your need to engage in treatment, both psychological and drug and alcohol counselling services.  It is the view of
Dr Zergiotis that the prison environment is more onerous upon you given your vulnerabilities and given there is a risk of your depressive illness and suicide risk will increase in the custodial setting and I understand Dr Deacon's report to confirm this view.

66I have also received a medical report in relation to your mother from her long time general practitioner, Dr Mouratides.  It indicates that she now suffers Stage 3 bowel cancer and has a major depressive illness, including being a serious suicide risk.  She has chronicity of symptoms, lacks a response to treatment and has a lack of social support.

67Dr Mouratides notes that she is the carer for Sean and as a result of her illness, she finds it extremely difficult to manage him.  Dr Mouratides indicates it would be of great assistance to her for you to be available.  He notes that Sean frequently becomes very restless, demanding and at times outright aggressive.  He states, "Peter is able to control Sean both on outings and when he is at home.  Sean and Peter have a very good relationship.  If Peter were released earlier, it would allow Mrs Valsamakis to rest a little".

68To the extent that I am able to take into account family hardship during sentencing, I do take this into account.  In this case there is a real motivator in terms of being available to assist your unwell mother in a challenging situation with your disabled brother.

69I take into account your pleas of guilty to all offences including those which were somewhat dated by the time you were interviewed.  Your plea has saved your victims the stress and potential embarrassment of giving evidence as well as having the general utilitarian benefit.  I also consider in your case that your plea reflects genuine remorse.

70I must of course consider issues of general deterrence, denunciation and just punishment for repetitive offending such as this.  Procurement of sexual penetration by deceiving your victims is a serious matter.  The maximum penalty is five years' imprisonment while the maximum penalty for indecent or sexual assault is ten years' imprisonment.

71True it is that the victims in this matter were consenting to engage in sexual activity with a stranger, however most of them were reasonably young men who had placed themselves in a vulnerable position by trusting the entreaties you made under the guise of being a female called Michelle.  Their shock, anger and dismay at discovering you were male demonstrates their lack of consent to activity with someone they were not expecting and with a male.

72I have read the victim impact statements which have been provided and which detail an ongoing lack of trust and a sense of violation which has resulted for these men.  I do take into account that the two ‘attempts’ carry a maximum penalty of two years' imprisonment and that on those occasions, no sexual activity took place.  On one occasion, the victim had not undressed.

73In relation to the assault charges regarding the other individual victims, offending occurred as part of a close series of events, although I do take into account the lead-up of communication and exchange of photographs.

74Ordinarily, a chronology such as your offending would raise real concerns as to your risk of reoffending and the need for community protection and specific deterrence.  It is an aggravating feature that police were twice involved with you and yet you continued to engage in such deceptions.  In relation to your last victim, you were on bail.  I do take into account those matters.

75In relation to Charges 7 and 8, I note that regulation within the sex industry is important in ensuring relevant health checks and the like are attended to.  There is an element of general deterrence to be addressed therefore in passing a sentence for those offences.

76I am guided by and accept what is contained in both psychiatric reports, namely that you were enmeshed in a toxic cycle of drug use and sex work and that the backdrop to this was your difficult upbringing, your own depression and feelings of self-loathing.  Both experienced psychiatrists conclude your prosects of rehabilitation are good or very good and that your risk of reoffending is low.  Both consider your insight to be good, your resolve to reform yourself as strong and both note your vulnerability in custody and the hardship that that brings.

77Your counsel submitted that I should combine a sentence of imprisonment with a community correction order.  Counsel for the prosecution on the plea submitted that a non-parole sentence was appropriate.  I have had you assessed for a community correction order.  On return of that assessment, along with the Forensicare report from Dr Zergiotis, counsel for the prosecution agreed with your counsel's submission that I should assess risk as at the time of your likely release and given the reports, your risk now is considerably lower than at the time of your offending or of your arrest.

78My view is that it is desirable to have you engaged in therapeutic intervention as soon as possible, both by way of offence-specific intervention and psychological intervention to assist you to digest issues from your formative years as well as your offending.

79This is not an easy sentencing task given the relative novelty of charges of procuring sexual penetration by fraud and, as I have said, your repeated offending even when on bail and the likely impact on victims of the deception must be taken into account.  I do take into account the maximum penalties and also the fact that you fall to be sentenced as a serious sex offender on a number of the charges once imprisonment is imposed.  However, I note a disproportionate sentence was not urged upon me.  I must of course synthesise those matters with your personal circumstances and consider your prospects of rehabilitation as assessed by the experts.

80In all of those circumstances, I propose to sentence you as follows:

81On Charges 1 and 2, I impose an aggregate sentence of 12 months' imprisonment with three months to be cumulative on the base sentence.

82On Charges 4, 5 and 6, I impose an aggregate sentence of 12 months' imprisonment and that is to be the base sentence.

83In relation to Charge 9, I impose a sentence of 12 months' imprisonment with three months cumulative on the base sentence.  That should amount to a total effective sentence of 18 months' imprisonment

84On Charges 3, 7, 8, 10, 11 and 12, and the three summary charges, I impose an aggregate sentence of a two year community correction order to commence on your release from custody.  The conditions of that order are that you are to be under supervision, you are to undergo mental health assessment and treatment as directed, you are to undergo drug assessment and treatment as directed and you are to undergo offence-specific programs, in particular sex offender programs.

85The total sentence therefore is one of 18 months' imprisonment on Charges 1, 2, 4, 5, 6 and 9, and in relation to the remaining charges, the two year community correction order.

86I declare 503 days pre-sentence detention as having already been served.  In relation to the 6AAA declaration, but for your pleas of guilty, the aggregate sentence I would have imposed would have been one of five years' imprisonment with a three year non-parole period.

87Application was also made for registration pursuant to the Sex Offender Registration Act.  The test in relation to that application pursuant to s.11 is this:

I may only make an order under that section if, after taking into account any matter that I consider appropriate, I am satisfied beyond reasonable doubt that the person poses a risk to the sexual safety of one or more persons or of the community.

88Given the assessments by two independent psychiatrists as to your prospects of rehabilitation and as to your risk of reoffending, I cannot reach that level of satisfaction and in those circumstances, I refuse that application. 

89I note there were applications for forfeiture and disposal and I propose to make those in the terms sought.

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HER HONOUR:  Any matters, counsel?

MR MALONEY:  There should be a 464ZF.

HER HONOUR:  And I think that was retention.  So I think that was automatic from memory.

MR NANKIN:  That's right, Your Honour.

MR MALONEY:  Sorry, it's a retention application, Your Honour, yes.

HER HONOUR:  Yes, that's fine.  Have a seat, Mr Valsamakis.  All right.  I'll have that correction order printed out because Mr Valsamakis will need to sign it.  So Mr Valsamakis, on a number of the charges I'm imposing a community correction order.  You'll need to consent to that order to enable me to impose that so I'll have the order with the conditions printed out and your counsel will come and go through that with you and have you sign it.  Of course, any reoffending during the period of that order, either by not doing as directed by the Office of Corrections or by any further offending, and that would include drug use, would result in a breach of that order and you would come back before me and I would be required then to resentence you on these matters as well as any further offending.  Do you understand that?  All right.  Right, we'll have that order printed out.

MR NANKIN:  Does Your Honour have copies of the disposal and forfeiture orders?

HER HONOUR:  Thank you, yes.  So Mr Valsamakis, your signature on that form is in effect your promise that you will comply with that community correction order.  You understand that?

OFFENDER:  Yes.

HER HONOUR:  And that will commence upon your release from custody and it will be of the two year duration so you'll be under supervision and you'll be directed to engage in those relevant programs and any relevant assessment or treatment for mental health issues and drug issues.  All right?  All right, thanks very much.  Thanks, Mr Maloney.

MR MALONEY:  As the court pleases, Your Honour.

HER HONOUR:  Thanks, Mr Nankin.

MR NANKIN:  As Your Honour pleases.

HER HONOUR:  Thank you.

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