Director of Public Prosecutions v Walton (a pseudonym)
[2017] VCC 1357
•20 September 2017
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT WARRNAMBOOL
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LEO WALTON (a pseudonym) |
---
| JUDGE: | HER HONOUR JUDGE GAYNOR |
| WHERE HELD: | Warrnambool |
| DATE OF HEARING: | |
| DATE OF SENTENCE: | 20 September 2017 |
| CASE MAY BE CITED AS: | DPP v Walton (a pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2017] VCC 1357 |
REASONS FOR SENTENCE
---Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. O'Doherty | |
| For the Accused | Mr M. Turner |
Pages 1 - 18
HER HONOUR:
1Leo Andrew Walton,[1] you have pleaded guilty before me to eight charges of incest, one charge of attempted incest, seven charges of indecent act with a child under 16, one charge of producing child pornography and one charge of possession of child pornography.
[1] Leo Andrew Walton is a pseudonym.
2The victims in this case were your then four year old daughter, Judie,[2] and her half-brother, Damian Tinker[3] aged 2. Both children reside with their mother, Celeste Tinker,[4] which whom you had a relationship between the ages of 7 and 21.
[2] Judie is a pseudonym.
[3] Damian Tinker is a pseudonym.
[4] Celeste Tinker is a pseudonym.
3I now refer to the offending which occurred over three days, that is on
25 December 2016, 28 December 2016 and 2 January 2017. At the time of this offending, you were separated from the children's mother but in an amicable relationship with her. You were residing in Ipswich. In the meantime,
Ms Tinker had taken up temporary accommodation at the Port Fairy Motor Inn in Port Fairy, having separated from her partner. It was arranged that you were to come to the motor inn to stay for about eight days to enable you to visit the children. It was during this time that the offending occurred.4You flew from Brisbane to Melbourne on 26 December and travelled to Port Fairy that day. You had in your possession a Samsung Galaxy S7 Edge mobile phone which you used to film much of the offending against your daughter, Judie.
5Within two hours of arriving, you made the first of six recordings on
26 December on your phone. The first depicted your daughter lying on her back naked from the waist down on top of a bed in the unit. She was wearing only a pink T-shirt and pink jacket. Charge 1 relates to you then rubbing your finger over her vagina while telling her, "You can't tell mummy or anyone, okay?" Your daughter asked why she could not say anything and you told her, "'Cause we should be doing this, it's bad", then masturbated yourself while pushing your naked penis up against her vagina, trying to penetrate it.6This offending underlies Charge 2 on the indictment, attempted incest, your rubbing of her vagina underlies Charge 1 on the indictment, indecent act with a child under 16. The recording by you was saved to a folder entitled "videos" in the gallery of your mobile phone. It was 35 minutes long. That recording forms part of Charge 3 producing child pornography and Charge 4, knowingly possess child pornography.
7Each of those charges are what is called rolled up charges, that is they contain separate incidents of that offending which are, nevertheless, as I have said, rolled up in each charge.
8You then proceeded to make a further recording, depicting your daughter wearing the same clothes as before but wearing pink tracksuit pants. In this recording, she is seen to be masturbating your penis with her right hand. Those actions underlie Charge 5 on the indictment, indecent act with a child under 16.
9Judie indicated she wanted to go and play but you encouraged her back to the bed and told her to lay down. You pulled down her tracksuit pants and rubbed her naked vagina with your forefinger and thumb, then inserted your thumb inside the labia of her vagina, asking her if it felt "nice." These actions underlie part of Charge 6, a charge of incest. Charge 6 is a representative count containing two instances of this conduct on this same day.
10You again told your daughter she could not tell anyone, saying, "It's your and mine special game", then kissing her intimately on the lips which is an uncharged act. You then spread Judie's legs and resumed inserting your finger into her vagina, moving it in and out. You then proceeded to lick her vagina with your tongue, moving it inside the labia which underlies Charge 7 on the indictment, incest, this also being a representative charge of the same conduct committed by you on one other occasion on this day.
11While doing this, you continued to masturbate yourself, asking Judie if it felt nice, telling her it felt good, telling her that you, "Daddy", liked it, that you wanted to do it all the time but you could not because you were not allowed, that her mother would be very angry, so would her grandmother, "They would hate me so you can't tell anyone." You also said to her that this is "Daddy and Judie's secret, don't do this to other boys, only Daddy, okay, even if you want to."
12You stopped licking your daughters vagina, kissed her inner thigh and stated, "Daddy loves it, Daddy wants to come in that pussy." You then put your whole mouth over your daughter's vagina, asking if it still felt good "when I do it deep like that." You then asked your daughter to show you her nipples and she pulled up her top. You then pulled out your penis, placed it onto her vagina and masturbated on it, which actions underlay Charge 8 on the indictment, indecent act with a child under 16 years.
13You then inserted the end of your penis into your daughter's vagina, stating at the same time, "Sorry, that's sneaky", which actions underlie Charge 9 on the indictment, incest. Again, you then proceeded to put your whole mouth over you daughter's vagina, inserting your tongue in and around the labia and this is part of the representative conduct referred to in Charge 7. The actions then stopped suddenly and the recording showed the room with an open door and outside it appeared to be daylight.
14Again, you recorded the incidents I have described which are part of the rolled up Charge 3 and saved that recording in your phone, in doing so, performing part of Charge 4 on the indictment.
15The recording then shows during this timeframe, your daughter lying on her back with an adult hand rubbing her vagina with the right thumb inserting into the labia. During that time, your voice was heard stating, "Good girl, we should stop now", and the complainant replying, "No." These actions are a part of rolled up offending contained in Charge 3 and Charge 4.
16A single still image was later located on your mobile phone, depicting a finger in the vagina of your daughter from the rear position, which appeared to have been taken immediately before a further recording and forms part of Charge 3 and Charge 4.
17Recording of further offending by you on that day involved your daughter bending over you as you were seated on a couch with her pants pulled down, her vagina and anus exposed to the recording, and you were seen to insert your right forefinger into her vagina, moving it in and out. The recording also showed you using your fingers to open her vagina. This behaviour forms part of representative Charge 6.
18At this stage your daughter's half-brother, Damian, could be seen moving into view of the recording, you talking to him and saying, "How are you going, buddy?" Your actions in behaving this way in his presence underlie Charge 10 on the indictment, indecent act in the presence of a child under 16 years, this being a representative charge of the same conduct committed on one other occasion on that day. You then stopped your actions and quickly pulled up your daughter's tracksuit pants.
19You were recording these sexual acts on your mobile phone with your left hand at the time, this material was saved on your phone, and your actions in so doing perform a part of rolled up offending contained in Charges 3 and 4.
20In the next recording, your daughter was seen in the same clothing. You were seated on the couch in front of the TV and coffee table and your daughter was bent over the table in front of you. You pulled down her pants to expose her vagina and anus and are then seen to insert your forefinger into her vagina and move it in and out. Again, this is part of the representative conduct referred to in Charge 6.
21While performing this act, you had a conversation with Damian who was in the living area of the unit and your actions in behaving this way in his presence also form part of Charge 10, indecent act in the presence of a child under 16 years. You recorded these sexual acts on your phone and saved them to a folder on your phone, these actions again forming a part of Charge 3 and Charge 4.
22The next offending occurred two days later on 28 December 2016. Again, this was at the Port Fairy Motor Inn unit. The first recording of the day showed your daughter half naked on her back, the bottom half of her body being naked and her legs spread apart. You were seen masturbating over her and this was part of representative Charge 11, indecent act with a child under 16. There are three incidents altogether of this type of conduct underlying Charge 11.
23You then inserted your fingers into your daughter's vagina, this underlying Charge 12 on the indictment, incest, which is also a representative charge of this same conduct committed on one other occasion that day.
24You then moved position so that your penis and your daughter's vagina were touching, at which time you were sitting opposite one another. You masturbated yourself so that your penis was touching and moving on and over your daughter's vagina while you were also moving your right hand on and over her vagina. These actions are also part of representative Charge 11.
25You then proceeded to lick your daughter's vagina using your tongue, this action underlying Charge 13 on the indictment, incest. You then sat back and continued masturbating yourself whilst your daughter's vagina was still in view, this being part of the representative conduct referred to in Charge 11. All of this activity was recorded by you on your phone and filed and this is part of the rolled up offending referred to in Charges 3 and 4.
26Charge 14 relates to activity on that same day. At this time your daughter was wearing a top and pants and you were wearing a long-sleeved top and light khaki pants. You masturbated and played with your erect penis whilst seated on the couch with your daughter alongside you. She was watching TV and masturbating you. You moved your shorts further down to expose your scrotum and she continued to masturbate you for a further ten minutes. These actions underlie Charge 14, indecent act with a child under 16. Again, you recorded this sexual activity and filed it on your phone. Again, this is part of the rolled up offending contained in Charges 3 and 4.
27In Charge 15 on the same day, you were seen in the next recording in the same position in the lounge of the Port Fairy Motor Inn unit and your daughter could be seen on your legs. She was masturbating your penis and then proceeded to kiss it and then put your penis in her mouth, during which you encouraged her saying, "Do it again." She was seen to be looking to you for approval. These actions underlie Charge 15 on the indictment, incest.
28She continued to masturbate you while putting your penis in and out of her mouth. All of this activity was recorded by you on your phone and filed and again is part of the rolled up offending contained in Charges 3 and Charges 4.
29The final recording made by you on this day was in the children's bedroom of the unit. At this stage the complainant was lying on her back wearing only a long-sleeved top. In this recording, you inserted the head of your penis into her vagina while you were kneeling over her. You then spat saliva onto her vagina and masturbated your penis on and inside the labia of her vagina. You then ejaculated over her vagina. These actions underlie Charge 16 on the indictment, incest.
30You then removed your penis and inserted your finger into her vagina, moving it in and out. These actions underlie the representative conduct contained in Charge 12. All of this activity, again, was recorded and saved to folder and form part of the rolled-up offending contained in Charge 3 and 4.
31The final bout of offending occurred on Monday 2 January 2017 again at the Port Fairy Motor Inn. The first recording depicts both you and your daughter naked, she lying on her back and you kneeling over her with your penis in her mouth. You pushed your penis in and out of her mouth, moving your body backwards and forwards, at times, your daughter gagging while looking after you. During this you were saying, "Yeah, fucking suck Daddy's dick, suck it." The complainant asking, "Do you like it", and you responding, "Yeah, deep, deep, deep, deep." Your daughter was holding your penis and putting it in and out of her mouth when she gagged. These actions underlie Charge 17 on the indictment, incest.
32You then removed your penis and masturbated over the top of her. Your daughter stated, "Love you, Daddy", and you replied, "Love you, baby. Daddy come on your body, daddy come on your pussy." These actions underlie Charge 18 on the indictment, indecent act with a child under 16.
33You daughter then told you to wait and put your penis in her mouth, holding onto it and moving it in and out stating, "Love you", and you replying, "Love you, baby girl." Again, these sexual acts were recorded by you on your phone and saved to a file and form part of the rolled up offending contained in Charge 3 and 4.
34On 6 January, Ms Tinker dropped you at the Warrnambool railway station and eventually you made your way back to Brisbane where your mother collected you and drove you home.
35On 29 January, you went to a computer repair shop in Queensland, submitting a custom made black computer tower and leaving your name and mobile phone contact. While examining the computer, a technician discovered a still photograph of a child being vaginally penetrated digitally from behind. He contacted the manager of the store and police were then contacted. Ultimately, Queensland police contacted police in Victoria.
36On 31 January 2017 a search warrant was executed at Ms Tinker's address, where children's clothing items identified in the recordings were seized and
Ms Tinker confirmed the identity of her daughter as the complainant in still photographs taken from the recordings. Both children were interviewed and both confirmed your attendance at the relevant time but neither disclosed any offending.37On 4 February 2017, you were arrested in Ipswich and charged. You were then interviewed by Queensland police and in a record of interview you made full admissions to committing the sexual acts and recording these on your phone. You also admitted to saving those recordings to use at a later stage for sexual gratification, of having sexual urges towards children and having sexual thoughts before attending Port Fairy on 26 December 2016. You admitted knowing that your behaviour was wrong. You were extradited to Victoria on
6 February 2017.38A plea of guilty was entered at a committal mention hearing, that is to all charges and it is conceded by the prosecution that this was an early plea of guilty. The maximum penalty for incest is 25 years' imprisonment. The maximum penalty for attempted incest is 20 years' imprisonment. The maximum penalty for committing an indecent act with a child under 16 is ten years' imprisonment. The maximum penalty for producing child pornography is ten years' imprisonment. The maximum penalty for possessing child pornography is ten years' imprisonment.
39I now turn to your personal circumstances. You are 26 years of age. You have remained in custody since 4 February 2017. You had a difficult childhood; your parents separated when you were an infant, your father moving to New Zealand and you grew up believing that your mother's then partner was in fact your biological father. You only discovered he was not when you were about ten. You are one of eight children born to your mother. She had her own issues with drug use and was jailed on occasion.
40You led a very unstable childhood, being moved about across Victoria, attending about ten primary schools. Eventually, you settled, attended Hamilton Secondary School and ultimately committed Year 11 VCAL at TAFE. You left halfway through Year 12. You have a good work history, you worked at Red Rooster for three years. You then undertook a pre-apprenticeship at TAFE and undertook an electrician apprenticeship in Ipswich prior to your arrest.
41You had a relationship with Ms Tinker between the ages of 17 and 21. When you separated, you worked for a while but ultimately in 2014 went to Queensland to live with your mother. You had moved out from her but remained in close proximity in independent accommodation in Ipswich.
42I received a report from psychologist, Jeffrey Cummins on the plea. It was his view that you had had an extremely disrupted and dysfunctional upbringing. In the circumstances it is to be acknowledged that your ability to go on and obtain the education you did and the work history that you have is to your credit.
43However, on the very much minus side, this offending is of such seriousness that it outweighs either the credit that I have given you for your educational and work prowess and cuts directly across what part those aspects might otherwise have had to play in your prospects for rehabilitation.
44You broke up with Ms Tinker because you committed an indecent assault on her sister who, at the time, was in her 30s. At that time, you touched her on the breast while she was asleep and you were masturbating and she woke up. This matter was reported to police and you were dealt with in the Magistrates' Court on a charge of indecent assault and placed on a community corrections order.
45I am now turning back to the report from Mr Cummins. The report, as I have said, is a detailed one. You have reported some difficulties with drugs and alcohol. You began using cannabis at the age of 17 and have used that drug on a daily basis ever since. You also developed a problem with alcohol, had become a daily drinker at the time of the offending. Your preferred drink of choice was spirits and I was informed by a counsel you were drinking, at that stage, about a quarter of a 700 mL bottle of whiskey daily.
46When you were speaking to Mr Cummins, you revealed that you had a very high libido and that your sexual urges were only heighted by your use of cannabis and alcohol. You told Mr Cummins that you were under the influence of these substances at the time you offended against your former partner's sister and that for some of the time that you were offending against your daughter, you were also engaging in this substance use.
47You became sexually active when you were about 13, with a girl the same age as you. You described compulsive addiction to pornography, which you said began when you were 16 and that from then on you would look at pornography three to four times a days and often masturbate to pornography three or four times a day.
48You said you started looking at child pornography and masturbating to that when you were about 16 or 17 but ceased use of it about three or four years ago because you became scared. However, you said that you kept thinking about child pornography. You told Mr Cummins, "There was something about child pornography that just got me aroused." You told
Mr Cummins that you had been sexually attracted to underage girls. You said you knew that you needed help. You told police that you were sexually aroused when you were abusing your daughter and did not really worry that your stepson, Damian, was there.49You also told police, as I have mentioned in the summary of this offending, that the materials that you recorded, you later used for the purposes of sexual gratification. You said to Mr Cummins, "It was like my whole logic and my sense of conscience was blinded by the desire to masturbate to the point of ejaculation. As I said, I know it was wrong. I told the police it was wrong."
50Mr Cummins described you as speaking in a "rigorously apologetic, remorseful, embarrassed and ashamed manner" concerning your offending behaviour.
Mr Cummins stated, "He repeatedly stated he was of the opinion he urgently and desperately required offence specific treatment." You acknowledged the seriousness and extreme wrongfulness of your offending, saying that you simply could not help yourself. You acknowledged that in offending against your daughter in the presence of your stepson, you were breaching the trust of both your daughter and your stepson and, of course, of Ms Tinker.51Ms Tinker's victim impact statement was read out. I commented during the plea that it was a remarkably courageous and insightful victim impact statement, the main thrust of it being the extreme concern she feels towards her daughter, her acknowledgement of the great difficulties she may face in the future and a determination to devote her life to assisting her daughter with whatever problems should arise. Very little of that victim impact statement was devoted to any castigation or abuse of you which was remarkable in the circumstances. This was about as gross and as complete a breach of trust as anyone could imagine.
52Despite the fact that you were living separately, she sought to have you in her daughter's life which are, generally speaking, the actions of a responsible parent. She left her daughter in your care and you completely and utterly abused that situation and did so to the grossest degree.
53You revealed an incident of childhood sexual abuse perpetrated by you by an adult male when you were about six or seven but otherwise there appears not to have been additional childhood sexual abuse that might give some clue to your behaviour and to this terrible offending.
54It was Mr Cummins’ view, unsurprisingly, that your offending attracted the diagnosis of paedophilia. He did not regard you as having a psychopathic personality. He certainly mentioned at length that at the time of the offending your background level of sexual arousal was so high that you were often masturbating up to four times a day. However, at the time of this offending it was his view you were not suffering from a major depressive disorder, a generalised anxiety disorder, any personality disorder, any psychotic disorder or any trauma related disorder.
55He noted that at the time you travelled to Melbourne to spend time with your daughter, you had contemplated sexually abusing her. You did tell him that at the time, as I have said, when you offended against your daughter you, sometimes/often did so when under the influence of alcohol and occasionally when under the influence of cannabis.
56To some extent, in my view, this is an aggravating aspect to your offending. You were aware that the use of alcohol and cannabis heightened your sexual arousal. It was an extremely inappropriate way to behave in any event when you had the care of this child but particularly when you knew the effect of those substances upon you was to make your sexual urges even greater. You then, as we unfortunately have all too graphically heard, entirely acted upon them.
57You appeared not to have problems with relationships with others, you appear to be, in other respects, prosocial. It was Mr Cummins' view that he would not expect you to have problems with planning or problems with supervision or offence specific treatment. Again, he noted that you effectively pleaded with him to ask if there was anything he could to do to initiate you receiving treatment for what you say is clearly wrong with you. Mr Cummins' view was that your current risk of reoffending against an underage female would have to be assessed as high. He said that you confirmed this opinion.
58It was Mr Cummins' opinion that you were taking full responsibility for your offending behaviour. He also noted that you appeared to have been very settled in the prison environment. You are working most days of the week as a laser operator in metal fabrication. You were optimistic you would be able to serve what you see as an inevitable gaol sentence, and that is very sensible because it is inevitable, without need to resort to mood stabilising drugs.
59Mr Cummins did state, "In this regard, although, he expressed remorse and stated he was taking full responsibility for his offending behaviour, it is my opinion his level of insight into the extreme magnitude of this offending and into how they were to inevitably adversely impact the victims of his offending was not yet fully participated by him."
60It was indicated to me by your counsel that your instructions to that counsel were that you recognised that your offending would affect your daughter for the rest of her life. You realised that you had wrecked the lives of Ms Tinker and her daughter with what you had done.
61Certainly, I was asked to read the record of interview and I did it and there is no doubt that record of interview was an extremely full one in terms of cooperation, acknowledgement of your offending and filled with expressions of remorse and castigation of yourself.
62During the plea, I also remarked that this acknowledgement and behaviour by you is somewhat unusual in the large number of cases encountered by this court where persons like yourself have offending seriously against children. I do regard that as a positive sign. At the same time, I take into account the submissions by Mr O'Doherty, for the prosecution, that you said what you said against a backdrop of your offending being fully disclosed by the recordings that you had made. It was an overwhelmingly strong prosecution case.
63There is no doubt that this offending is a serious example of serious offending. The maximum penalty for incest is one of the highest maximum penalties available in the sentencing calendar. Once you get past 25 years you are looking at life imprisonment which is the maximum for charges such as murder or for serious drug offences.
64It is understandable that such a high maximum penalty be in place. Incest involves always an appalling breach of trust. It involves sexual exploitation and sexual self-indulgence. Whilst your offending may not have been accompanied by gratuitous violence, it was in itself abusive to the very grossest degree. It was, notwithstanding whatever struggles you may have had with your own sexual ideation and your own libido, an entirely inexcusable - and that word is putting mildly - series of behaviours against your daughter.
65Were she ever to discover the magnitude of it, the indignity inherent not only in what you did but in recording this material and then using it for your own purposes later can hardly be conceived. Your complete disregard for the presence of your two-year-old stepson is another indication of the entirely self-absorbed state you were in at the time of this offending.
66In sentencing you, it is my strong view that the principles of community protection, denunciation of your conduct, general deterrence and just punishment are dominant. I do accept that you were remorseful, I do accept that you do genuinely understand you have a significant problem and one which is of great danger to children generally and which has been particular damaging to your daughter. I do accept you are remorseful for that offending. This is all in the aftermath, however, of having been apprehended by police and the extent of your offending discovered.
67I do make the recommendation that you be placed in a sex offenders program as soon as is possible. The general rule is that those who are to undergo the sex offenders program whilst in custody do so towards the end of their sentence. I am obliged in the circumstances to impose a heavy sentence upon you and I do not think it would be in the interest of either yourself or the community and your prospects of rehabilitation in particular if that practice were followed in your case. I have no power to order the authorities to place you on such a program but I certainly urge that they do so as soon as possible.
68I do note that finally in his report, Mr Cummins stated this, "Mr Walton currently appears to be very motivated to receive offence specific treatment. If he actively pursues offence specific treatment, which I would expect him to do, his risk of reoffending were reduced to at least a moderate-high level and my even reduce to a lower level risk." I cite that quote advisedly for the attention of the prison authorities.
69I quite understand, Mr Walton, that in many ways you may prove to be the model prisoner. You are somebody who has a good work history, you have got yourself work in gaol, you appear not to present a management problem, you are probably a person who is capable of taking advantage of whatever services are available to you in a prison. All this will come to nothing and mean nothing unless the sexual deviancy within you is thoroughly addressed. The likelihood, in my view, of you reoffending must remain high at this stage and despite any prophecies into the future as to your capacity to seek out treatment, your willingness to seek treatment and your willingness to engage in treatment remain nothing more than untested and unknown future prospects.
70Again, in sentencing you, I take into account the positive features of your life which I have already mentioned several times. I note that you have previously been dealt with for sexual offending, albeit not against children but nonetheless, sexual offending without recourse or regard to the consent of the person involved, which further indicates the need for particular attention to community protection in this case. I therefore sentence you as follows.
71On Charge 1, you are sentenced to nine months' imprisonment.
72On Charge 2, you are sentenced to 18 months' imprisonment.
73On Charge 3, you are sentenced to two years' imprisonment.
74On Charge 4, you are sentenced to 18 months' imprisonment.
75On Charge 5, you are sentenced to ten months' imprisonment.
76On Charge 6, you are sentenced to three years' imprisonment.
77On Charge 7, you are sentenced to three years' imprisonment.
78On Charge 8, you are sentenced to nine months' imprisonment.
79On Charge 9, you are sentenced to two years' imprisonment.
80On Charge 10, you are sentenced to ten months' imprisonment.
81On Charge 11, you are sentenced to ten months' imprisonment.
82On Charge 12, you are sentenced to three years' imprisonment.
83On Charge 13, you are sentenced to two years' imprisonment.
84On Charge 14, you are sentenced to 12 months' imprisonment.
85On Charge 15, you are sentenced to three years' imprisonment.
86On Charge 16, you are sentenced to three and half years' imprisonment.
87On Charge 17, you are sentenced to two and a half years' imprisonment.
88On Charge 18, you are sentenced to ten months' imprisonment.
89The base sentence will be the sentence imposed on Charge 16. I order that five months of the sentences imposed on Charges 6, 7, 9, 12, 13, 15, 17 and 2 be served cumulatively to the sentence imposed on Charge 16 and to all other sentences.
90I order that three months of the sentences imposed on Charges 1, 5, 8, 10, 11, 14 and 18 be served cumulatively to the sentence imposed on Charge 16 and all other sentences.
91I order that 12 months of the sentence imposed on Charge 3 and five months of the sentence imposed on Charge 4 be served cumulatively to the sentence imposed on Charge 16 and all other sentences.
92This gives an effective total sentence of ten years' imprisonment. I order that you serve a minimum term of seven years and six months before becoming eligible for parole.
93Pursuant to s.6AAA, I declare that had you not pleaded guilty, I would have sentenced you to a term of imprisonment of 11 years and order that you serve a minimum of nine years. You will be placed on the Sex Offenders Register for life. Your counsel will explain to you your obligation pursuant to the Sex Offenders Register. How much was the pre-sentence detention again, please - 228?
94MR O'DOHERTY: Two twenty-eight, Your Honour.
95HER HONOUR: I declare that you 228 days of this sentence have already been served by way of pre-sentence detention. Now, there was a also a s.464ZF application; is that correct?
96MR O'DOHERTY: There was, Your Honour - no, no there is application made, Your Honour. There is a forfeiture application.
97HER HONOUR: Yes. Right. Have you handed those up?
98MR O'DOHERTY: Yes, Your Honour.
99HER HONOUR: You have?
100MR O'DOHERTY: Yes. If you have not got them, I have got copies, Your Honour.
101HER HONOUR: Thank you. Thanks very much, Mr O'Doherty. I am sorry about that. I also acknowledge the presence of Ms Tinker during this hearing. It must have been extraordinarily difficult to hear the offending against your daughter described graphically in the prosecution opening and then described graphically again in my sentencing remarks. Again, I congratulate you on your courage in doing this and also in the way you conducted yourself in your victim impact statement, so thank you very much for that. It is the 20th today, is it not? You will fill in name of counsel?
102MR O'DOHERTY: Yes, Your Honour.
103HER HONOUR: Actually, I will just do it now. Thank you. Thank you very much. Yes, thank you.
‑ ‑ ‑
0
0
0