Director of Public Prosecutions v Waters (a pseudonym)
[2021] VCC 880
•29 June 2021
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ELLIOT WATERS (A PSEUDONYM) |
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JUDGE: | HER HONOUR JUDGE CANNON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 9 June 2021 | |
DATE OF SENTENCE: | 29 June 2021 | |
CASE MAY BE CITED AS: | DPP v Waters (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 880 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence - Pleas of guilty - Indecent assault on female - Sexual penetration of child under the age of 16 years (Charges 3 and 4 rolled-up charges) - Three different victims, two of whom were of tender years - Created situations to ensure alone with victims and avoid being interrupted - Gross breach of trust - Accused now of advanced years - Limited criminal history in relation to dishonesty and drug offences - Diagnosis of paedophilic disorder, most likely hebephilia - Willingness to undergo sex offender program - Verdins not relied upon
Sentence: Convicted and sentenced to Total Effective Sentence of 7 years’ imprisonment with a non-parole period of 5 years’ imprisonment - 20 days’ imprisonment declared as having already been served as part of the sentence imposed - s.6AAA Sentencing Act 1991 declaration - SORA life
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms J. Warren (Plea) Mr L. Andrews (Sentence) | Solicitor for Public Prosecutions |
| For the Accused | Mr G. Chipkin (Plea) Ms N. Low (Sentence) | VLA |
HER HONOUR:
1Elliot Waters[1], you have pleaded guilty to two charges of indecent assault upon a female and two charges of sexual penetration with a child under the age of 16 years. Indecent assault upon a female has a maximum penalty of 5 years’ imprisonment and sexual penetration with a child under the age of 16 committed when the child was under the age of 10 has a maximum penalty of 25 years’ imprisonment. The maximum penalties are one of the matters I must take into account when sentencing you, as these reflect the seriousness with which Parliament regards the offences.
[1] A pseudonym.
2There are three different victims of your offending, two of whom you offended against during the period of 1978 to 1982, and you offended against the third victim during the period between 2008 and 2011.
3You were born in February 1941 and you are now aged 80 years. At the time you committed Charges 1 and 2 you were aged between 37 and 41 and at the time you committed Charges 3 and 4 you were aged between 67 and 70 years.
4By way of background, I was told that in 1965, you married your first wife. In November 1967, you moved to an address in Lower Plenty where you had four children together. The family lived in the home until August 1983, when you and your first wife separated. She moved out of the home. You continued living at the address for a number of years after this.
5In 1989, you met a woman and you soon commenced a relationship. About one year into the relationship in around 2001 or 2002, you moved in with her at her home in Diamond Creek. At the time, her daughter, Melissa Wise[2], was living with her.
[2] A pseudonym.
6You married your second wife in February 2004. Melissa continued to live with her mother and with you. Shortly after your wedding, Melissa’s partner, Rodney[3], moved in to live in the household. In August 2004, Melissa gave birth to Shae Wise[4]. In March 2008, Melissa gave birth to her second child, Antony[5]. The family continued to live with you and your wife until October 2011, when they moved into their own home.
[3] A pseudonym.
[4] A pseudonym.
[5] A pseudonym.
7As I have said, there are three victims of your offending – Eloise Palmer[6] was aged between 12 and 13 years when you offended against her and she is now 54 years old. Karen Fournier[7] was aged between four and five years at the time of the offending and is now 44 years old. The third victim, Shae Wise, your step granddaughter, was aged between four and seven when you offended against her and she is now 16 years old.
[6] A pseudonym.
[7] A pseudonym.
8I was told that Karen Fournier lived with her family next door to you and your family in Lower Plenty. Eloise Palmer grew up as a ward of the state and lived in various group homes including a group home in Noble Park. During her time at this particular group home in Noble Park, she met Angela Fournier, Karen’s mother, who did relief work at the home. Eloise would come and stay at the Fournier’s house on weekends and almost every school holidays. Karen Fournier and Eloise Palmer spent a good deal of time at your house, playing with your children which is how you came into contact with them.
9The third victim, as I understand it, lived in the same household as you from birth to the age of seven and you were a grandfather figure to her. You were known as 'Grampy' during her childhood. That is, the child of Melissa Wise, Shae.
10The basis for Charge 2 is as follows:
11While you were living in Lower Plenty, your home was a hub for the neighbourhood children. You regularly spent time playing with the children to the point where you were known as 'King of the Kids'.
12Karen Fournier recalls that on some occasions when you were at her house, you played in the bedroom with her. She recalled that you would toss her on the bed, tickle her and play a game called 'horsey' where she would sit on your lap and as you 'jiggled' she would slide down your leg.
13On one occasion, when Karen Fournier was in your bedroom, you closed the door and wedged something against it to prevent it from being opened from the other side. The victim was lying on the bed and had her shorts and underpants pulled down. You had your pants and underwear down or off and you lay on top of the victim, rubbing your penis on her vagina. The victim recalls lying still and you rubbing your penis on the right side of her vagina, then down the left side. She recalled a warm and sticky sensation when you rubbed your penis on her vagina. The Crown alleges that in fact you ejaculated onto the victim’s vagina during this offence.
14The victim believes she was aged four or five years when this offence occurred and the summary of prosecution opening sets out how the date range for the offending against her is arrived at by reference to her starting school.
15When the victim was about seven or eight, she saw something on television which made her realise that what you had done to her was bad. She told her brother and she and her brother told their mother, Angela Fournier.
16Angela Fournier reported the matter at the Greensborough Police Station about one or two weeks later. There is a record of attendance by Ms Fournier at the Greensborough Police Station in 1985, however, no details of a complaint are included, and as it is apparent, no action was taken at that time.
17Eloise Palmer regularly attended your home during her childhood and is 10 years older than Karen Fournier. She had a friendship with your daughter, who is the same age. She would play with your daughter when staying with the Fournier family and she was always over at your place.
18The basis for Charge 1 is that on one occasion when Eloise was aged between 12 and 13 years, she had a sleepover at your house. She slept in your daughter’s bedroom on the floor.
19At some stage during the night, she awoke to find you next to her. You were touching her vagina and her breasts over her clothing. The victim told you to go away and you did. She did not say anything to anyone about what happened and acted as if nothing had happened.
20Recently, Angela Fournier contacted Eloise and told her that the police were investigating you. She asked Eloise whether you had ever done anything to her and it was at this time that she disclosed the offence.
21I now come to the circumstances giving rise to charges involving Shae Wise. The two charges involving this complainant, Charges 3 and 4, they are both rolled up charges. They pertain to four separate incidents.
22I was told that you regularly played games with this victim. You often played a game called 'the mermaid game', which involved you being the bad guy and the victim would take your wedding ring and hide it. You would also spend time in a space under the house which was used as a storage area. There were a number of household items kept in the area including a gym bench press.
23The victim believes that a number of the offences happened when she was aged four or five, however, she cannot remember whether it started before or after she commenced school, which occurred at the age of five.
24In March 2011, the victim went to Queensland with her paternal grandmother and whilst there she was given a stuffed dolphin toy. She knows she was six years old at the time.
25The first incident involving your step grandchild is as follows:
26On one occasion when the victim was aged four or five, she believes, she went to the area under the house with you where you asked her to play your game. You had a bucket of Maltesers which you offered the victim. You got the victim to lie down on the bench press then removed her pants and underwear so that she was naked from the waist down. You knelt on the floor and pushed the victim’s legs open with your hands then licked her vagina with your tongue. You had particular expressions describing the victim’s vagina which are set out in the prosecution opening. You licked her vagina including within the lips of her vagina for, quoting from the victim, for 'ages', about 10 minutes. This gives rise to the first of four occasions of sexual penetration encompassed by Charge 3.
27You then removed your penis from your pants and you rubbed your penis against the 'hole part' of the victim’s vagina. You rubbed up and down her vagina, pushing it in between 'the hole part' and in between the 'little flappy part'. This gives rise to the first of two occasions encompassed by Charge 4.
28The victim said that the penile penetration did not go on for as long as the licking but you would break this up a bit. She recalls that she kept reaching down to get some Maltesers from the bucket and that you became angry about this. At some stage, the victim’s grandmother, came to the door of the area where you and the victim were and called out for her and for you. You yelled back 'we’re busy' and rushed to cover yourself up.
29The second incident took place in your bedroom. You and the victim were playing the mermaid game. The victim dropped your wedding ring and lost it for a short period. After she found the ring, you played the mermaid game a little longer then you said you wanted to play your game. When the victim refused, you begged her and said, 'This isn’t fair. I played your game, now you’ve gotta play my game.'
30When the victim eventually agreed to play your game, you pushed the bed which was on wheels up against the door to stop anyone from entering the room.
31You told the victim to lie on the bed and you knelt on the floor next to her. You removed her pants and underwear and used your hands to push her legs open. You put your head in between her legs and licked her vagina, putting your tongue inside the 'flap part' and moving your tongue up and down and in a circle. This gives rise to the second occasion of sexual penetration encompassed by Charge 3.
32After this, you removed your penis from your pants, then you began to rub your penis up and down the victim’s vagina. You used your hand to open up the victim’s vagina and moved your penis up and down the 'whole thing'. After a while the victim asked you to stop because she was sore. When you stopped the victim saw the top of your penis and asked what it was. You said, 'It’s my builder' then showed her where the wee came out and then how the top looked, which you described as 'a little builder hat'. You kept rubbing your penis against the victim’s vagina after this. This gives rise to the second occasion of penile/vaginal penetration encompassed by Charge 4.
33The victim said that it hurt the inside of her vagina while you were doing this and that it continued to hurt for 'hours and hours' to quote her afterwards, especially when she was walking around.
34When you had finished sexually penetrating the complainant you put her pants back on her and returned the bed to its original position.
35The victim believes she was aged between four and five at the time of this offending.
36The third incident occurred in the space under the house and the victim had her dolphin teddy with her to which I have previously referred. She was playing with this toy when you asked her to play your game. The victim laid down on the bench press and you got down on your knees. You removed her pants and underwear and put your head between her legs. You licked her vagina with your tongue, again sexually penetrating her vagina with your tongue. The victim said that you would 'get really into [it]' and that you were 'going up and down [with your tongue] and breathing heavy through [your] nose.' This gives rise to the third occasion of sexual penetration of this nature encompassed by Charge 3.
37The fourth incident occurred in your bedroom. The victim had used your en suite bathroom and when she came out you were standing in the bedroom and the victim noticed that the lights were turned off. You asked the victim to play your game. She tried to avoid this saying that she had not wiped her bottom after the toilet. However, you said that that did not matter. You moved the bed against the door to prevent anyone entering the room. The victim got onto the bed and you removed her pants and underwear. You again penetrated her vagina with your tongue, in the same way as you had done before. This gives rise to the fourth occasion encompassed by Charge 3.
38On another occasion when the victim was playing the mermaid game with you, you asked to play your game with her. However, she repeatedly refused and each time you asked to play your game after this, she refused. After a number of weeks, you stopped asking her and there was no further offending.
39The victim and her family moved out of your house in October 2011.
40A number of years later when Shae was 12 years old, she was visiting her grandmother and you. She went under the house with you to find something. Whilst there you said to her, 'Remember we used to do naughty things down there?' Initially the victim did not remember but then she recalled what you had done and realised what you were referring to. On 2 January 2017, Shae told her mother about your offending. The matter was then reported to the police.
41You were arrested and interviewed by police on 23 August 2018. In relation to the victims Karen Fournier and Eloise Palmer, you said:
'I can’t recall that I’ve done anything improper, I really can’t remember… There might have been probably touching inappropriately accidentally but I don’t recall anything in that regard.'
42In relation to the offences committed against Karen, you either said you could not remember or said that you could not envisage yourself doing that.
43In relation to Shae Wise, you said that you would play games with her in your bedroom and other rooms of the house but these were completely innocent. You also played games outside and under the house. In relation to the alleged offending you denied these allegations saying, 'That is ridiculous, that is absolutely ridiculous' and 'I completely deny it.'
44Mr Waters, your offending is most serious and deserving of a punishment which is just in all the circumstances. Your conduct must be firmly denounced. You defiled the innocence of three different victims, using the ruse of a game in order to offend against them in most cases. You breached the trust that they as children placed in you and that their parents or those in parental roles placed in you. You were a grandfather figure to Shae so the breach of trust in her case was gross. Two of the victims, Karen Fournier and Shae Wise were of especially tender years. In saying this, I have factored in that there is a higher maximum penalty in relation to the offending against Shae because she was under the age of ten. Eloise Palmer was aged between 12 and 13 when you offended against her. There was a significant gap between your age and each of the victims when you offended against them.
45You took advantage of circumstances or created situations to ensure that you were alone with the victims so that you could offend against them. You did what you could to avoid being interrupted or caught – indeed, on one occasion when you were offending against Shae, you told your then wife that you were busy in order to get her away.
46I regard the indecent assault upon Karen Fournier as a serious example of this offence in circumstances where you ejaculated onto her vagina.
47It must have been very frightening for Eloise to wake up to you sexually assaulting her when she was having a sleepover at your house.
48In relation to your step granddaughter, Shae, I note that there were four occasions comprising Charge 3 and two occasions of sexual penetration comprising Charge 4 and it appears that you got the victim to a stage where she became compliant, at least for a time, with what you required her to do, in order to facilitate the assault upon her.
Victim impact statements
Melissa Wise
49Four victim impact statements were provided to the court and in sentencing you I have had regard to each of these-these were from Shae Wise, her mother, Melissa Wise, Angela Fournier the mother of Karen Fournier and the foster mother of Eloise Palmer, and your former wife. Further, I presume, as I ought, that there indeed would be harm that you have caused in respect of each of the victims that you offended against. As the learned prosecutor indicated in her written submissions, the offending against the victims has had profound and long-lasting effects upon them.
50The victims and family members in the victim impact statement, variously reported feelings of emotional pain, anxiety, isolation, guilt, betrayal, shame, and loss of trust in others. They also report damage to relationships within their families and with others.
51Shae Wise also reported experiencing invasive thoughts and flashbacks to the offending.
52She has suffered from severe anxiety over the years which has impacted on every facet of her life. She has courageously battled against the struggles she has had and is making some headway which is good to hear but she has a long way to go. She and the other victims, Karen and Eloise are to be commended for their courage in making their complaints to police, and I want to make it clear to them that they have done nothing to feel guilty about or to be ashamed of - the only person who should feel guilty or be ashamed is you.
53You have a criminal history, however, you do not have a history in relation to offending of the kind for which I now sentence you. Your criminal history relates to dishonesty and drug offences. The prior conviction for deception in 1977 is a prior matter for all four charges on the indictment, whilst the prior convictions for theft in 1985, and cultivate/traffic cannabis, theft and network interference in 2003, are prior convictions for Charges 3 and 4 only.
54I have taken into account that you have a criminal history, lest it be said that you come to the court without one. However, it has limited relevance to the matters now before me.
55Concerningly, you committed offences against the first two victims approximately 30 years before you offended against Shae. The offending against Shae spanned over three years and is most serious conduct. Therefore, it is not as if you used the intervening period between the two sets of offences to rehabilitate in any meaningful way – indeed, the nature of your conduct toward Shae marked an escalation in your offending.
56I allow for a significant discount in the sentence you would otherwise receive because of the early stage at which you indicated an intention to plead guilty to the charges now before me. In taking this approach, you have saved the witnesses, especially the victims, the time and trauma of giving evidence and you have saved the community the time and expense of contested proceedings. Your counsel submitted that you were remorseful for your conduct and pointed to expressions of remorse that you made to psychologist, Mr Jeffrey Cummins, who provided a report after interviewing you. You told Mr Cummins that you accepted that you needed offence specific treatment and that you would actively engage in this. You told Mr Cummins that one of the reasons you needed to take part in such treatment was so that you learnt more about victim empathy. You apologised for your offending in that interview and expressed frustration with yourself for offending but simultaneously acknowledged that you did have a specific problem involving sexual deviance. As against this, you offended against three victims, re‑offending 30 years after the conduct which gives rise to Charges 1 and 2, and you told police that you could not recall or else denied offending against any of the victims. Since being arrested, you have not taken any steps to address any problems that you had in relation to sexual offending. However, I was told that this was because you understood that your sentence would involve receiving such treatment in due course. Your counsel also pointed to your pleas of guilty as further reflecting remorse. In all of the circumstances I accept that you are remorseful for your conduct insofar as you can be and insofar as this affects you more than anything else at this stage. Indeed, you yourself told Mr Cummins that you wished to learn more about victim empathy, in circumstances where Mr Cummins has diagnosed you as meeting criteria for paedophilic disorder and most likely hebephilia. Your ability to feel true remorse is hampered somewhat by your lack of victim empathy. However, I have taken into account that you have expressed regret for what you have done and have shown some insight by your avowed preparedness to take part in appropriate programs. Insight for you will be a fairly significant work in progress in all of the circumstances.
57Having said that, I accept that you have taken responsibility for your offending and I have allowed for the fact that your pleas of guilty have greater weight in circumstances where COVID-19 restrictions may well have seen contested proceedings significantly delayed.
58Your age is a relevant consideration as you are in advanced years of life. Having said this, you were also in fairly advanced years when you offended against Shae Wise. Also, you are in good health at present, save for arthritis in the knees, but I have taken into account your age and the prospect that you might die in prison. I have taken this into account as best I can but this consideration ought not give way in your case to the appropriate weight that ought attach to other sentencing considerations such as just punishment, denunciation, general and specific deterrence and protection of the community. I have factored in as best I can that because of your age, notwithstanding your fairly good health at present, that time in custody may well become harder for you, or be harder for you, than for someone who is younger. Further, I have allowed for the fact that you are being imprisoned during the COVID‑19 pandemic and I was told that you are anxious about the prospect of catching the virus whilst in custody. Although containment of the virus in prison settings has been exemplary in our State, I accept that you do have such anxiety although I was also told that you are yet to be vaccinated which might well have been a way to alleviate such concern on your part. Further, imprisonment is likely to be more onerous, at least from time to time due to the COVID-19 restrictions that must be put in place. I understand that you have been required to undergo 14 days in quarantine and there may be interference with your ability to receive visitors in the future. Also, it may be that programs and other activities that might ordinarily be available may not be available from time to time, depending on where you are and the situation concerning the pandemic. There is also the prospect of lock downs and generally of more burdensome and restrictive conditions. For all of these reasons I have factored in that imprisonment will be and has been harsher for you due to the pandemic.
59I have also taken into account that this is your first time in prison.
60In terms of your mental health, I take into account the findings of Mr Cummins who said that you appear to be experiencing reactive depression. However, you do not meet the criteria for a formal diagnosis of depression. I understand that you have expressed suicidal ideation due to the charges and the lack of certainty in respect of your future as well as the negative impact your offending which has taken a toll on your relationship with family members – in particular your four children who now refuse to speak to you as a direct result of learning of your offending. I understand that you attended six sessions with a counsellor in Benalla since 2018 but you were not prescribed any mood stabilisation medication. I take into account your mental health in a general way and the report of Mr Cummins in a general way in sentencing you.
61It was not submitted that you had any impairment of mental function which ought reduce your moral culpability which I find is high. No other Verdins principle was relied on by your counsel.
62I take into account your background.
63You were born in Kilmore in February 1941 and you are one of six children.
64Your father died from a stroke when you were only 20 years old and your mother died 15 years ago when you were sixty-five. You are in regular contact with and supported by four of your siblings. Your oldest brother died in January this year after complications from emphysema.
65During your childhood, you and your family moved to various country towns and suburbs of Melbourne as your parents tried to obtain work. You lived in Kilmore until you were six. Your father worked as a local postmaster at the Kilmore Post Office. Your family then moved to Port Fairy where your parents took over a milk bar and café business.
66Your father was an alcoholic who spent a good deal of time drinking. He would often stagger back to your home affected by alcohol. He was physically violent toward your mother. Their relationship was fraught with tension due to your father’s alcoholism. You had to leave Port Fairy in a hurry due to some dispute which involved your father. Your parents separated when you were about 15 years old but reunited and the family moved to West Heidelberg.
67Because your family moved a good deal, your education was disrupted on a number of occasions with you having to move to various primary schools and secondary schools. You boarded at Salesian College in Sunbury and at one stage you were encouraged to pursue a career in religious studies. However, you lost interest after two years and at the age of 17, you returned to live with your parents in West Heidelberg.
68You have a long history of employment and have worked constantly throughout your adult life until your retirement at the age of 75.
69You have worked as an office clerk and at a bank, training as an accountant. You stayed with the bank for nearly five years, only leaving when you discovered the body of a colleague in the toilet at work who had committed suicide. You were deeply affected by the death of your colleague which was a most violent death and this left 'an indelible impression in the back of [your] mind.' After leaving the bank, you worked as a loans manager at a building society and also held a number of other positions of various kinds which were set out in the written submissions. Most recently you worked as a brick cleaner, finishing up this work about five years ago when you were injured at work with an acid burn to your eye. After treatment for this injury in hospital you retired. You were living in Eltham at this time.
70I was told that you are financially destitute and have no assets. I did not receive any material supporting this, however, that is the instructions that you have provided your counsel. You receive the Centrelink pension which is your only source of income and I was told you are heavily indebted to the bank. Your landlord was threatening to evict you due to the uncertainty arising from these proceedings.
71As previously noted, you have been married twice.
72Your first marriage in 1963 produced four children. The marriage ended after 14 years due to strained financial circumstances. It appears you remained in the matrimonial home after your wife left.
73You are now estranged from all of your four children since they have become aware of your offending as I have previously noted.
74After the end of your first marriage, you had a number of other relationships including one with the woman with whom you commenced a business in the Latrobe Valley. You sold the business in the nineties when the recession started to have an impact and when the relationship ended, you left the house that you had bought together, you left the house to this woman. You married your second wife in 2004 and since disclosure in relation to the offending against her granddaughter, she divorced you and you have not had any further contact.
75Before your remand, you were living in Wangaratta and were especially supported by your brother, during the period since being charged. You are also very close to your other siblings who are regularly in contact with you.
76You do not have any issues with drugs or alcohol. You told your counsel that your prior conviction for cannabis cultivation related to you wanting to generate income quickly when financially stressed and you were not using cannabis at that time, nor have you since.
77Your counsel submitted that in view of your advanced years and willingness to undergo appropriate sex offender programs, you had favourable prospects of rehabilitation. However, the prosecution submitted that I should assess these as guarded in view of your diagnosis and the fact that you offended in a more serious way years after the first offences. In this regard, I also note that you were in fairly advanced years when you did so. Taking all relevant matters into account including your preparedness to undergo appropriate treatment and your advanced age, although also bearing in mind the matters relied on by the learned prosecutor and the fact that you were in fairly advanced years when you committed the offences against Shae, as well as your present state of health, I assess your prospects of rehabilitation as being guardedly fairly good and in all the circumstances, especially your advanced age, although noting your state of health, I place less than moderate weight on specific deterrence and protection of the community. However, I place strong weight on general deterrence in a bid to deter others from behaving as you have. After being convicted of Charges 1 and 2, you are to be sentenced as a serious sexual offender which will be noted in the records of the court and there is a presumption of cumulation thereafter. However, in your case, I am of the view that a level of cumulation as between Charges 1 and 2 is also necessary in order to reflect the separate offending upon separate victims. Also, it must be borne in mind that Charges 3 and 4 are rolled up charges which means that I must have regard to all of the instances of the offending contained within each of these. However, the principle of totality will be applied in your case as it is not submitted that a disproportionate sentence is needed in order to protect the community.
78In sentencing you, I have had regard to current sentencing practice and in relation to Charges 1 and 2, I have also borne in mind that sentencing practice at that time would have involved lesser sentences than these days.
79The prosecution submits that you ought be sentenced to a period of imprisonment with a non‑parole period and your counsel conceded that this was appropriate in your case. However, your counsel submitted that in view of your advanced years and matters in mitigation and in order to avoid a crushing sentence, it would be appropriate to impose a non‑parole period which would give you some hope of being released on parole rather than dying in gaol. I have had regard to this submission insofar as I can but I cannot give this approach prominence at the expense of the appropriate weight which ought be given to other relevant sentencing principles.
80You are convicted of the offences.
81By reason of your convictions for 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 report these details within seven days after your release from custody. Details in writing of these reporting conditions will be served upon you and I will ask you now to acknowledge that that process will be attended to and that you will, in due course, sign that document. So you understand, Mr Waters, that you are a registrable offender for life and the obligations that you have to report those details within seven days after your release from custody?
82OFFENDER: Yes, Your Honour.
83HER HONOUR: All right, thank you and a written notice will be provided to you in due course, setting out your obligations. You acknowledge that that will be done and you will read that document?
84OFFENDER: Yes, Your Honour.
85HER HONOUR: All right. I record - sorry, I note that for the purposes of those acknowledgments, an audio-visual recording of the acknowledgment has been obtained.
86You are sentenced to the following periods of imprisonment:
87Charge 1 – 12 months;
88Charge 2 – two years;
89Charge 3 – five years, three months;
90Charge 4 – four years;
91I direct that three months from the sentence on Charge 1, six months from the sentence on Charge 2, and 12 months from the sentence on Charge 4 be served cumulatively with each other and with the sentence on Charge 3, producing a total effective sentence of seven years' imprisonment and I direct that you serve five years before becoming eligible for parole.
92I declare that you have already served 20 days by way of presentence detention.
93Section 6AAA indication
94If not for your pleas of guilty I would have sentenced you to a total effective sentence of nine years' imprisonment, with a non-parole period of seven years.
95Is there anything arising from the sentencing remarks, Mr Andrews?
96MR ANDREWS: Your Honour, the only thing that occurs to me and I think it might be subsumed in Your Honour's reasons is that the accused's serious offender status has to be noted on the court record by reference to - - -
97HER HONOUR: Yes.
98MR ANDREWS: - - - I think it's s6F.
99HER HONOUR: Yes.
100MR ANDREWS: Your Honour made reference to that in the sentence.
101HER HONOUR: I did, yes, thank you. Mr Low?
102MS LOW: No, Your Honour.
103HER HONOUR: Sorry, Ms Low, I beg your pardon. Yes, all right. Well, look, to make that perfectly clear, I have sentenced - after the period of imprisonment imposed in relation to Charge 2, I have then sentenced Mr Waters as a serious sexual offender, which will be noted on the court records. All right. Now is there anything further?
104COUNSEL: No, Your Honour.
105HER HONOUR: Very well. Now, thank you. Ms Low, did you want an opportunity to speak to Mr Waters after everyone else leaves the meeting?
106MS LOW: I think there will be an opportunity to speak to him privately.
107HER HONOUR: All right, yes, very well. Then we will now adjourn.
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