Director of Public Prosecutions v Warren (a pseudonym)
[2016] VCC 367
•1 April 2016
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LOUIS WARREN (a pseudonym) |
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| JUDGE: | HER HONOUR JUDGE CANNON |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | CR-15-00844 Trial 13 July 2015 to 22 July 2015 8 days CR-15-00845 Trial 19 August 2015 to 27 August 2015 7 days CR-15-01197 Trial 26 November 2015 to 4 December 2015 7 days 15 March 2016 (Plea) |
| DATE OF SENTENCE: | 1 April 2016 |
| CASE MAY BE CITED AS: | DPP v Warren (a pseudonym) |
| MEDIUM NEUTRAL CITATION: | [2016] VCC 367 |
REASONS FOR SENTENCE
---Subject: CRIMINAL LAW
Catchwords: Sentence – Three separate criminal trials – Sexual offences – Incest – Sexual penetration of a child under 16 – Indecent act with child under 16 – Rape – Indecent assault – Sexual penetration of a 16 or 17 year old child – Indecent act with 16 or 17 year old child – Aggravating feature of care supervision and authority - Three victims – Age difference – Unprotected sex – Breach of trust - Vulnerable targets – High moral culpability - Prisoner has medical conditions currently being medicated
Legislation Cited: Sex Offender Registration Act 2004
Sentence:Convicted and sentenced to Total Effective Sentence of 8 years and 6 months’ imprisonment with a non-parole period of 5 years and 6 months’ imprisonment – Sex Offender Registration for Life – Noted in the record of the Court as serious sexual offender on all charges
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. Hannan | Solicitor for Public Prosecutions |
| For the Accused | Mr C. Thomson | Slades & Parsons |
HER HONOUR:
1Louis Warren[1], you have been found guilty of the following offences in three separate trials:
[1] Louis Warren is a pseudonym.
2In a trial concerning the complainant, Nell Plank[2]: Indictment No.CC11830378.4B, you were found guilty of 5 charges of indecent assault of a person under the age of 16 years, being Charges 1,2,4,5 and 6 and three charges of incest, being Charges 7, 8 and 9. The maximum penalty for indecent assault is 5 years' imprisonment and the maximum penalty for incest is 20 years' imprisonment.
[2] Nell Plank is a pseudonym.
3In a trial concerning the complainant, Dianne Tobin[3]: Indictment No.C11830378.9, you were found guilty by majority verdict of 3 charges of sexual penetration of a child under the age of 16 and one charge of indecent act with a child under 16. The maximum penalty for the first mentioned offence is 25 years' imprisonment in circumstances where the aggravated form of the offence was made out (as Dianne Tobin was found to be under the age of 10 at the relevant times). The maximum penalty in relation to the second mentioned offence is 10 years' imprisonment.
[3] Dianne Tobin is a pseudonym.
4In a trial concerning the complainant, Dinah Taylor[4] Indictment No: C11830378.3A, you were found guilty of:
(a)one charge of sexual penetration of a child under the age of 16 and the jury also found that the complainant was under your care, supervision or authority at that time. In those aggravated circumstances this offence has a maximum penalty of 15 years' imprisonment;
(b)one charge of indecent act with a child under the age of 16 years (as a statutory alternative to Charge 7) which has a maximum penalty of 10 years;
(c)one charge of indecent act with a 16 or 17 year old child who was under your care, supervision or authority which has a maximum penalty of 5 years' imprisonment; and
(d)one charge of sexual penetration of a 16 or 17 year old child who was under your care supervision or authority, which has a maximum penalty of 10 years' imprisonment.
[4] Dinah Taylor is a pseudonym.
5The maximum penalties reflect the seriousness with which Parliament has regarded these offences at the relevant times and is a matter that I must and do take into account in sentencing you.
6I sentence you on the following factual basis:
Re: NELL PLANK: Indictment No.C11830378.4B
The offending against Nell Plank occurred on various different occasions between April 1st 1988 and 14th March 1990. She was born on 15th October 1978. When she was 7 or 8 years old, her mother, Stephanie Dukes[5], who also went by the name of Kath, commenced a relationship with you. You married in April 1988 and she and her children moved in with you to a house in Coburg.
[5] Stephanie Dukes is a pseudonym.
7On an occasion when this complainant was between 9 and 11 years, you grabbed her by the arm and dragged her into your bedroom. You took her clothes off and started playing with her vagina, inserting your fingers into it; this gives rise to Charge 1. You then inserted your tongue into her vagina, which gives rise to Charge 2. In sentencing you I have factored in that these acts occurred on the same occasion although they are separate acts in their nature. After this incident you told Nell Plank that if she told anyone you would be in a lot of strife. I regard this as an aggravating feature of your offending and I also regard as aggravating the fact that you used a degree of force in relation to Charges 1 and 2.
8The conduct which is the basis for Charge 4 is that on an occasion when you and Nell Plank were driving in your Bedford van to collect the complainant’s mother from her work at a service station, you parked the van, climbed in the back, took down the complainant’s pants and then fondled her vagina. The complainant was between 9 and 11 years of age at this time.
9Charges 5 to 9 all occurred when Nell Plank was staying with you at a caravan in Castlemaine, and had gone to bed for the evening. She was 10 or 11 years old at this time.
10The conduct which gives rise to Charge 5 is that you lifted her nightie, pulled her pants down then started playing with her vagina. You then licked her vagina which gives rise to Charge 6.
11After you had done this, you inserted your penis into her vagina, having sexual intercourse with her. She pretended to be asleep. This episode gives rise to Charge 7.
12You had penile-vaginal intercourse with this complainant on two further separate occasions through the course of that evening, giving rise to Charges 8 and 9. I have sentenced you bearing in mind that Charges 5 to 9 all occurred on the same occasion albeit that separate acts were performed by you, some at different times throughout the evening.
13Nell Plank complained to her mother about the offending fairly soon after this episode at the caravan. She then went to police on 15 March 1990. However, although it appears that some statements were taken and there was apparently a medical examination conducted at that time, the matter did not proceed until the complainant renewed her complaint in 2013 apparently in the context of her being approached by Mr Fisher, the police informant in this matter.
14In sentencing you in respect of these offences, I have factored in that you grossly breached the trust that the complainant had placed in you as a parent figure in her life. I also factor in her relatively tender age at the time of each of the offences and the fact that you were far older than she, 28 to 30 years old. Also, I regard the indecent assaults as serious examples of this type of offending, especially the occasions when you penetrated the complainant’s vagina. Further, you had unprotected penile-vaginal sex with this complainant on three separate occasions exposing her to the transmission of sexually transmitted diseases. I am unable to say whether she was also exposed to the risk of pregnancy as I am unable to find that she was capable of being pregnant at the age that she was when these offences occurred. I have also factored in that Charges 5 to 9 all occurred on the same occasion which is relevant to the degree to which I impose cumulative or concurrent sentences for these, but also bearing in mind that you are to be sentenced as a serious sexual offender. I have also to be mindful of the principle of totality.
15Unfortunately, Nell Plank’s statement to police which she made on 15 March 1990 was taken no further. The prosecution concedes that no satisfactory reason can be advanced for this failure to charge you at that time.
Re: DIANNE TOBIN Indictment No.C11830378.9
16In relation to the matters concerning the Indictment pertaining to Dianne Tobin, I sentence you on the following basis:
17Dianne Tobin was born on 5 May 1995. She did not see her father much during her childhood and lived with her mother. She had a brother and two sisters, all of whom were younger than she. She thought that she had met you through her next door neighbour. You and Miss Tobin’s family became friendly. She said that you would pick her up and take her to your house on occasion, to get away from her own house. She said she would stay and "chill" with your kids.
18The first time that something occurred with you was at your house in Maryborough. She was in the lounge room, falling asleep on the couch. She was not too sure what time of day this was or if it was day or night. She was wearing a one piece pyjama set. She started to fall asleep and you told her to hop into your bed. She fell asleep there and then you came in and asked her to remove her clothes a couple of times, so she did. You started kissing her body and licking her vagina. This occurred when she was aged between 7 and 9 years, thereby engaging the aggravated version of this offence. This conduct, the licking of her vagina which involved penetration of it, gives rise to Charge 1 on the relevant Indictment. After you licked her vagina, you grabbed a cloth from the bedside drawer and wiped her vagina with it.
19Your former wife, Chelsie Gore[6], gave evidence that you kept cloths in your bedside drawer at the time that she was living with you. As you were driving this complainant home, you told her that if she told anyone about what you had just done, she would get into big trouble. I regard this as an aggravating feature of your offending in relation to this complainant in all of the circumstances. I regard it as a subtle emotional manipulation of a child designed to keep her quiet.
[6] Chelsie Gore is a pseudonym.
20On a subsequent occasion, Miss Tobin was not sure how long it was after the first, she was at your home and one of your children, Esta[7], was sitting on the floor in the lounge room, watching a video of Shrek. She and you were lying on your sides on the couch next to an open window. She said that you unzipped your pants and put her right hand on your exposed penis, moving it up and down. She said she thought that you started doing this about half way through the movie and stopped it at about the end of the movie but she was not sure. She had no recollection of you ejaculating. This gives rise to Charge 2.
[7] Esta is a pseudonym.
21The basis for Charges 3 and 4 is that on an occasion when she was alone with you at your house, she recalled being in a bedroom that she had not previously been to and lying on top of you. She said that you were both naked and she was sucking your penis while you were licking her vagina. She was not sure if you ejaculated. She thought that you were licking the whole of her vagina. She said that she was not exactly sure where on her vagina you licked her but she did recall that you licked her clitoris. I agree with the learned prosecutor that these offences were particularly heinous and a gross breach of trust especially in view of the complainant's tender age.
22In relation to Charges 3 and 4 however, I have also taken into account that each of these offences occurred on the same occasion although they are very different acts which were inflicted upon; this complainant.
23The complainant said that she had never spoken to you about these incidents. She then lost contact with you after she and her family moved to Wodonga and her mother and step-father broke up.
24In sentencing you in relation to these matters, I factor in the large age gap between you and Miss Tobin and the fact that she looked up to you as a trusted family adult friend who she was entitled to feel safe with. You grossly breached her trust and that of her parents.
Re: DINAH TAYLOR Indictment No.C11830378.3A
25In relation to the matters concerning the Indictment pertaining to Dinah Taylor, I sentence you on the following basis:
26By way of background, this complainant was born on 14 October 1990. She is the natural daughter of Silvia Putnam[8] and you were effectively her
step-father, having had an on again/off again relationship with Ms Putnam for a number of years. The basis for the charges of which you were found guilty in respect of Dinah Taylor are as follows:[8] Silvia Putman is a pseudonym.
27Firstly, in relation to Charges 6 and the statutory alternative to Charge 7, on an occasion in about 2005 when the complainant was about 14 and her family was living with you, she was sitting on the bottom bunk in her room. You entered the room and pulled her pants down, then inserted your finger into her vagina; (Charge 6).
28You then pulled her forward a little on the bed and started to lick her vagina, licking it "all over" as she said in her evidence; (Statutory alternative to Charge 7). She laid back and closed her eyes wishing it would be over and done with she said. You occasionally asked her if she liked it. She asked you to stop but you did not as if you did not hear her, she said in her evidence. She heard a car come up the driveway, and you left the room. She went into her mother’s room and into the ensuite and had a shower. By the time she got out, her mother was there. She said that this occurred in 2005. She said that to her knowledge her brother was the only one home before her mother arrived but she did notice afterwards that Darcey Warren[9], your daughter, was at home. She was not sure where Darcey was during the incident. In sentencing you in relation to this occasion, I have also factored in that you offended against this complainant in the sanctity of her own home where she was entitled to feel safe.
[9] Darcey Warren is a pseudonym.
29In relation to Charges 9 and 10, in approximately early 2007, the complainant and her mother helped you move to McMahon Crescent, Colac.
30During this time, the complainant became aware that her mother had been told by you that you were sleeping with her. After an occasion when she and her mother had helped you move some things to your new address, her mother, Ms Putnam, was in the bath at their house in Cameron Drives and she called the complainant into the bathroom. She told Miss Taylor that you had told her that you were sleeping with the complainant. Her mother asked Miss Taylor if this was true and she said that it was but that it was not consensual.
Ms Putnam said that she was still sleeping with you and that you had said that you wanted both of them or neither. The complainant said that she told her mother that she did not wish to continue any relationship with you. She said that her mother became cross with her and left the bathroom. There was no other talk between the two of them that night about you. The next day when they were helping you to move, the complainant’s mother again asked if it was true and the complainant again said that it was but that it was not consensual; that is, in relation to sexual activity between you and Miss Taylor.31About a week after this, and two weeks after the conversation her mother had with the complainant when Ms Putnam was in the bath, the complainant again saw you at your house in McMahon Crescent. Ms Putnam asked Miss Taylor to come with her but did not tell her why. Ms Putnam bought her pre-mixed shots on the way. When entering the house, Ms Putnam put the alcohol down next to a mattress on the lounge room floor and shut and locked the door. Ms Putnam said something along the lines of "I'm going to have sex with Louis now". Ms Putnam got undressed and laid down on the mattress and had sex with you. She was lying on her back and you were on top of her. The complainant was in the kitchen area on her phone, trying to ignore what was happening. The kitchen and lounge room were in the one room as this was an open plan house. From Miss Taylor's position, she saw what you and her mother were doing; that is that you were having sex. This lasted for about five minutes.
Ms Putnam then got up and said that it was her daughter's turn now. You then started to touch the complainant’s breasts; this gives rise to Charge 9.32You then undid the complainant's pants and took these off. She took her own top off and laid on the mattress and you started to have intercourse with her; this gives rise to Charge 10.
33I have taken into account that Charges 9 and 10 occurred on the same occasion.
34You ejaculated into the complainant's vagina after about five to ten minutes, told her that you loved her and then told Ms Putnam that you loved her.
Miss Taylor gave evidence that when the sexual offending occurred against her, her mother was beside her and when it finished her mother was sitting on the end of the mattress fully dressed. Ms Putnam was watching you as you committed these sexual offences against her daughter. When you had finished, the complainant got up and dressed. You then asked how their day had been and Ms Putnam brought the alcohol over and handed her daughter a shot. You gave the complainant a hug goodbye, a kiss on the cheek and told her that you loved her. They then left. At the time you committed Charges 9 and 10, Miss Taylor was 16 years old. She regarded you as a father figure and the jury was satisfied that she was under you care, supervision or authority when you committed Charge 10, triggering the higher maximum penalty.35At the time you committed these offences against Dinah Taylor, you were on bail in respect of charges concerning another complainant, Vickey Casey[10]. You were subsequently found guilty of offences concerning Miss Casey and on 4th October 2007, you were sentenced to 4 years 3 months' imprisonment with a non-parole period of 3 years and 3 months. You were released in November 2010. The offences against Miss Casey were committed by you in January 2001.
[10] Vickey Casey is a pseudonym.
36In sentencing you, I factor in the age gap between you and Miss Taylor. The circumstance of your offending in respect of Charges 9 and 10 are especially depraved, albeit that the complainant’s mother was also an active participant in this repulsive episode. She has not been dealt with by the courts in respect of her despicable role in this offending, and she gave evidence against you under cover of a certificate which I granted her, protecting her against prosecution.
37Charge 10 is aggravated by the fact that you had unprotected sex with the complainant exposing her to the risk of sexually transmitted diseases. She was not exposed to the risk of pregnancy as it is accepted that as at that time you had had a procedure which made it impossible for her to be impregnated. Having found this as an aggravating features, I am mindful of the fact that
Miss Taylor attended the doctor at some stage after she was alerted as to the prospect of you having a sexually transmitted disease and she was found not to have been infected by you. However, as I understand it, there was also evidence that revealed that you did have a sexually transmitted disease.38This is in relation to all of the offending, Mr Warren, against all of the victims for which I now sentence you.
39I regard your offending as most serious. It is deserving of strong punishment and must be emphatically denounced. You opportunistically took advantage of these vulnerable young victims for your own sexual gratification, behaving in a brazen and wanton fashion. Further, strong weight must attach to general deterrence in a bid to deter others from behaving as you have.
40I take into account the impact on each of the victims, which has been profound, as you would expect.
41Nell Plank read her victim impact statement aloud which was a most courageous thing to do . She spoke of the ways in which your offending has affected her ability to be intimate and to trust anyone. She has been unable to properly express her affection to her own children and still has nightmares about your offending. She feels disgusted by your crimes and by her treatment when she was young, not being believed when she did what she could to bring you to the attention of police. She has had self-harm issues and suicidal ideation, feeling worthless. She feels that you have robbed her of her childhood and struggles with seeing a positive future for her family. I truly hope that she does not give in to such thoughts, as she is a most impressive young woman with a great deal to offer.
42Miss Plank also says that she attributes her weight issues to your offending, as she has tried to be unattractive to avoid being further victimised. She finds it hard to work as she is heavily medicated and monitored. She has to pay for medication, doctors and psychologists. She has anxiety and panic attacks when it comes to social events and is loath to leave her children at sporting events as she does not trust anyone to safely supervise them. She finishes her victim impact statement with a series of questions and statements, saying this: "It has been a long and hard road for me. Now to continue with my own battle of healing, I will encourage other survivors to come forward and use their voices as I have. I’m not only a victim, I’m a SURVIVOR", which is spelt in capital letters.
43Dianne Tobin said that she attributes behavioural problems that she had at school to your offending. She experienced nightmares which had been ongoing and she has lost trust in her mother who she felt had not protected her. She attempted suicide at the age of 14 and was removed from her home. She has an extensive history of self-harm and psychiatric treatment. She has had ongoing trauma associated with the court proceedings to the point where she sometimes did not want the matter to continue. She feels vulnerable in new places and finds it hard to meet new people. She has self-medicated with alcohol and drugs at times in order to escape the issues and chaos she has experienced as a result of your offending. She is trying to reclaim things in her life and has returned to school to complete her Year 12, which is most commendable. She is trying to secure long term stable accommodation.
I very much hope that Miss Tobin does overcome all of her difficulties as she too is a most impressive young woman who deserves to get her life back on track in spite of your dreadful offending.44Dinah Taylor, who also courageously read her victim impact statement aloud, said that your offending against her has left her feeling broken and confused as well as hurt and unclean. She said that she regarded you as a father and that what you have done has been such a betrayal of trust and she has found it most difficult to trust again because of this. This has impacted on her ability to have meaningful relationships in her life. She has experienced suicidal ideation and at times, she engages in obsessive behaviour to scrub herself clean. She said that her childhood was stolen from her and manipulated with demoralising actions. She has felt isolated and alone.
45Mr Warren, these are the very real effects of your offending upon these young women which are long lasting and which I have taken into account when sentencing you.
46You have several prior convictions, all of which are rather dated and none of which are for sexual offending:
47In 1979 you were dealt with by way of probation for theft and shortening a firearm barrel and received probation for 3 years.
48In 1987 you were dealt with for attempted theft of a bicycle and received a Community Based Order for 12 months and in 1992, on appeal to the Melbourne County Court, you were sentenced to 12 months' imprisonment which was wholly suspended for 2 years for arson. I was told by your counsel that this related to you setting fire to a car.
49While it could not be said that you have no prior convictions, I do not regard these matters as having much relevance to sentencing you for the offences before me.
50It is instructive to examine the chronology of your offending:
51You committed the offences against Nell Plank on various occasions in the period between April 1988 and 14th March 1990.
52In March 1990, Nell Plank made allegations to the police in respect of you offending against her at the caravan park. Police spoke to you but you were not charged.
53In 1992 you received the wholly suspended sentence for arson to which I previously referred.
54In January 2001, you committed the offences against Vickey Casey, who was 12 years old and the daughter of a trucking work colleague. The offending against her involved touching her on the vagina when she was on a couch at your home, digitally penetrating her in a bedroom at your home, fondling and sucking her breasts when in your truck, making the victim masturbate you, and inserting your penis into her vagina on another occasion when you stopped at an isolated location on the way home. You were also found guilty of sitting that complainant on your lap on a separate occasion and fondling her breasts.
55You were interviewed for the offences alleged by Ms Casey in April 2005 and charged in October 2005.
56You committed the offences against Dianne Tobin in 2003 and you committed the offences against Dinah Taylor between 2005 and 2007.
57This means that you committed at least some of the offences against Dianne Taylor after you had been interviewed and charged in respect of Vickey Casey and you were on bail. Further, you had been spoken to by police in respect of Nell Plank’s allegations in 1990, but despite this being put on notice in effect, you went on to offend against Vickey Casey, Dianne Tobin and Dinah Taylor. This reflects poorly on your moral culpability which I regard as high.
58I accept that if you had been dealt with for the matters for which I now sentence you at the time that you were dealt with for the offences concerning Miss Casey, there would have been a degree of concurrency involved in arriving at your overall sentence. This chance has been lost to you and I have tempered my sentence to account for this, and in applying the principle of totality.
59You are to be sentenced as a serious sexual offender in respect of each of the offences before me. Therefore, protection of the community must be the principle purpose of sentencing but the prosecution does not submit that a disproportionate sentence ought be imposed in order to achieve this purpose. In any event, I am satisfied that I can adequately deal with your offending by the application of the principle of totality.
60I take into account that your time in gaol has been harsher than it might have otherwise been, as you have been in protective custody since you have placed on remand and you have been on 23 hour lockdown for a number of weeks following the riots which occurred at the Remand Centre last year.
61Mr Thomson submitted on your behalf that there are issues with your health. These relate to hypertension and hyperthyroidism. Whilst this is true, it appears that they are being effectively managed and that your prognosis is excellent according to Dr Milner. He reported that you have been referred to cardiology for an exercise ECG to exclude an "unlikely cardiac cause" for a collapse that you had in court in fairly recent times. He said that the most likely diagnosis to explain that particular episode was that your blood pressure became temporarily too low. I take these health issues into account, as far as they go; but it does not seem to me that you have or will be labouring under these conditions to any great degree whilst in gaol because they are being appropriately managed and because of Dr Milner's view that your prognosis is excellent..
62I take into account your background. You were born in country Victoria in 1960. Your father was a truck driver who also worked on dairy farms. You had three younger siblings. Unfortunately, one of your brothers died in 2000.
63Your father was imprisoned for several years when you were about 8 years old. This led to you being separated from other members of your family for some time as you stayed with your paternal grandparents and your mother and siblings stayed with other relatives.
64The family reunited briefly when your father was released from gaol but your parents separated fairly soon thereafter.
65You left High School when you were 15 years old and have worked in various different jobs over the years. I accept that you have a strong work ethic and that for a number of years you worked as an interstate truck driver, which was your profession at the time that you were remanded in custody following findings of guilt in the trial concerning Nell Plank.
66When working for a security company, you met Stephanie Dukes who you had known from school. She had four children from a previous relationship, one of whom was Nell Plank. You married in 1988 and you had four children of your own. Stephanie subsequently left you and you moved to the Castlemaine caravan park to be closer to your children, who were living with her.
67Subsequently, you reunited with Stephanie Dukes and continued to work as an interstate truck driver which you had commenced doing after marrying her in 1988. Your daughter, Darcey Warren, was then born in November 1990.
68Subsequently, you took up with Silvia Putnam. You had an on again/off again relationship with her over the years and have fathered three children to her. Of course she is the mother of another of your victims, Dinah Taylor.
69On a truck trip interstate, you then met Chelsie Gore and commenced a relationship with her. She and you lived at Silvia Putnam’s house for a time. You then moved out together and had two children together. The second of these children was born in October 2000.
70I make an allowance in this matter in your favour in respect of delay as follows: firstly, Nell Plank complained to police about you in 1990 but for unknown reasons nothing was done by police at that time, save that you were spoken to. I allow that you have had some anxiety about these matters hanging over your head since her complaint was made although I also factor in that you could have alleviated that anxiety by making admissions at that time when spoken to by the police. I stress that you are not to be punished for not having done so but this is a relevant matter in the context of the submission that you have been anxious about these matters for 26 years.
71It could not be said that between the time of your offending against Nell Plank and in the ensuing period that you used that time to rehabilitate yourself, at least it could not be said in respect of the ensuing years up to 2007.
72The second aspect of the delay relates to the Taylor matters. You have had some anxiety in respect of the Taylor matters hanging over your head, as she complained at about the time that you last offended against her; although I also factor in that she subsequently made a statement of no complaint as she was pregnant. Her decision not to proceed at that time must have done something to put your mind at ease insofar as matters hanging over your head is concerned. I do not accept that you have had nothing to do with the delay between offending to charge in respect of Dianne Tobin’s matters. It is the very nature of your offending which has no doubt impacted on her remaining silent for ten years until Mr Fisher contacted her.
73It could not be said that you have been anxious about her matters hanging over your head all of that time as you had not been charged until 2013.
Mr Thomson did not submit otherwise. On the other hand I make an allowance in your favour for the fact that in the intervening period between your offending against the last of your victims and the present, there has been no further offending so that you have used the intervening period to show that you are able to remain offence free, albeit that you have been in gaol for the Casey matters from 2007 until 2010.74You are now 55 years old and in fairly good health so that you are physically capable of committing further offences but you have not offended since about 2007, so some nine years ago now. On the other hand, you have offended repeatedly against young girls, vulnerable targets, and you have no remorse or insight into such offending which goes hand in hand with pleading not guilty to these offences. It is your right to take this stance and you are not to be punished for doing so but this means that you cannot claim remorse and insight which would give me a degree of comfort in respect of your prospects of rehabilitation.
75In view of your repeated offending, and the nature and chronology of it, your lack of remorse or insight and your physical capacity, but also factoring in your lack of relevant criminal history and subsequent offending during a significant period, as well as your solid work ethic, I find that your prospects of rehabilitation are guardedly fair. I place fairly substantial weight on specific deterrence and protection of the community.
76In sentencing you I have also had regard to current sentencing practice and considered sentencing practice at the time that these offences were committed insofar as I can.
77As counsel indicated there are no particular cases which are analogous to yours but in general I have considered a sentencing practice in those two respects.
78It is conceded that nothing short of a head sentence and non-parole period is appropriate in your case which is abundantly clear.
79In order to accommodate totality I have had to sacrifice cumulation to some extent notwithstanding the serious sexual offender presumption. When I speak about totality I make it clear that this includes a reference to the fact that you were previously sentenced in 2007 and the implications of this to which I have previously referred.
80Would you please stand up, Mr Warren.
81In relation to each of the indictments you are convicted of each of the charges of which you were found guilty to which I have previously referred.
82I firstly make an ancillary order. Firstly, under the Sex Offenders Registration Act 2004, by reason of your convictions on these offences, you are to be recorded as a registrable offender for life. You must report your personal details to the Chief Commissioner of Police annually for the rest of your life. You must first do so, that is report, after your release from custody within
7 days of your release at the police station nearest to your home. Details in writing of these reporting conditions will be served shortly upon you now by my associate and I will ask your counsel to assist you in attending to an acknowledgement of that notice.83You are to be sentenced as a serious sexual offender and are to be declared as such from the outset of these sentences that I am about to impose.
84In relation to Indictment No.C11830378.4B, the offences where Nell Plank is the victim, you are sentenced to the following periods of imprisonment:
· Charge 1 1 year
· Charge 2 1 year 6 months
· Charge 4 2 years
· Charge 5 2 years
· Charge 6 1 year 6 months
· Charge 7 4 years 6 months
· Charge 8 4 years 6 months
· Charge 9 4 years 6 months
85I direct that the sentence on Charge 7 be treated as the base sentence on this Indictment and that 3 months from the sentence on Charge 2 and 6 months from the sentence on Charge 4 be served cumulatively with each other and with the base sentence giving a total effective sentence on this particular Indictment of 5 years 3 months.
86In relation to Indictment No.C11830378.9 ,which concerns the complainant Dianne Tobin, I sentence you to the following terms of imprisonment:
· Charge 1 5 years
· Charge 2 1 year
· Charge 3 5 years
· Charge 4 5 years
87I direct that the base sentence for this Indictment be Charge 1 and that
6 months from the sentences imposed on Charges 3 and 4 be served cumulatively with each other and with the base sentence. In making such orders for cumulation I am mindful that Charges 3 and 4 occurred on the same occasion but they are very separate acts. This produces a total effective sentence of 6 years' imprisonment in respect of this particular Indictment.88In relation to Indictment No.C11830378.3C, which related to the complainant Dinah Taylor, I sentence you as follows:
· Charge 6 4 years
· Statutory alternative to charge 7 1 year
· Charge 9 8 months
· Charge 10 3 years 6 months
89I direct that the sentence on Charge 6 be the base sentence in relation to this Indictment and that 6 months of the sentence on Charge 10 be served cumulatively with the base sentence.
90This produces a total effective sentence of 4 years 6 months on this Indictment.
91I direct that 1 year 6 months from the total effective sentence on Indictment No.C11830378.4B and 1 year from the total effective sentence on Indictment No.C11830378.3C be served cumulatively with each other and with the total effective sentence of 6 years in respect of Indictment No.C11830378.9. Save as where other expressed, all sentences I have imposed are to be served concurrently.
92This produces an overall total effective sentence of 8 years 6 months and I direct that you serve 5 years 6 months before becoming eligible for parole.
93I declare that you have already served 254 days of this sentence which will be reckoned as already served. Take a seat for a moment please, Mr Warren. Is there any difficulty arising in the calculations?
94MR THOMSON: I can't see any problem with the arithmetic, Your Honour.
95HER HONOUR: All right. Mr Hannan?
96MR HANNAN: No, Your Honour.
97HER HONOUR: Yes?
98MR HANNAN: I don't see a problem with that either.
99HER HONOUR: All right. Anything to raise before Mr Warren is removed?
100MR HANNAN: No, Your Honour.
101HER HONOUR: All right, thank you. If you could remove Mr Warren please.
102(Prisoner removed.)
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