Director of Public Prosecutions v Wilkes (a pseudonym)

[2025] VCC 686

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

DEAN WILKES (A PSEUDONYM)

---

JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	29 April 2025
DATE OF SENTENCE:	29 May 2025
CASE MAY BE CITED AS:	DPP v Wilkes (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 686

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Sexual penetration of a child under 16 – Indecent act with a child under 16 – No prior criminal history – Doli Incapax – Genuine remorse – Bugmy – Delay – Youthful offender – Excellent prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 ss 45(1), 47(1); Sentencing Act 1991 ss 6AAA, 48CA.

Cases Cited:Clarkson v The Queen (2011) 32 VR 36; WGC v The Queen (2007) 233 CLR 66; Sherritt v The Queen [2015] VSCA 1; The Queen v Boland (2007) 17 VR 300; Boulton v The Queen (2014) 46 VR 308; Williams v The Queen [2018] VSCA 171.

Sentence:                  Community Correction Order for a period of 3 years.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J Allen (Plea) Mr D Cordy (Further Plea & Sentence)	Office of Public Prosecutions
For the Accused	Mr H Lewis	Docherty Legal

HIS HONOUR:

Introduction

1Dean Wilkes,[1] you have pleaded guilty to:

(a) two charges of sexual penetration of a child under 16 contrary to s 45(1) of the Crimes Act 1958 (‘Crimes Act’), which carries a maximum penalty of 25 years imprisonment, both being rolled up charges; and

(b) two charges of indecent act with a child under 16 years contrary to s 47(1) of the Crimes Act which carries a maximum penalty of 10 years imprisonment, both being course of conduct charges.

[1] A pseudonym.

2You have no prior criminal history.

Circumstances of the offending

Background

3A prosecution opening was tendered on the plea and may be summarised as follows:

4The offending occurred between 18 March 2014 and 17 March 2016 when you were aged between 14 and 16 years.

5You are the youngest son of Susan Byrne.[2] You are the half brother of Rylie,[3] Jack,[4] Brendan[5] and Miley.[6]

[2] A pseudonym.

[3] A pseudonym.

[4] A pseudonym.

[5] A pseudonym.

[6] A pseudonym.

6The first victim in this matter is Corey Duggan,[7] born in March 2008. Corey is the natural son of Catherine Brogan[8] and Rylie Duggan and is your nephew. Corey made a VARE on 21 June 2022.

[7] A pseudonym.

[8] A pseudonym.

7The second victim is Louisa Michelle[9] born in June 2006. Louisa is the natural daughter of Megan Young[10] and the step-daughter of Rylie Duggan. Louisa made a VARE on 27 July 2022.

[9] A pseudonym.

[10] A pseudonym.

8The third victim is Matilda Duggan[11] born in October 2005. Matilda is the natural daughter of Catherine Brogan and Rylie Duggan and is your niece. Matilda made a VARE on 14 April 2023.

[11] A pseudonym.

9You were interviewed by police on 9 September 2022. At that time, Matilda had not made a VARE and the allegations relating to her were not put to you.

10During the relationship and subsequent marriage, in 2006, between Catherine Brogan and Rylie Duggan, the victims Matilda and Corey were born. Approximately 18 months after their marriage, Ms Brogan and Mr Duggan separated. Mr Duggan returned to live with his mother and you at an address in Swan Hill. The victims Matilda and Corey would stay at the address each fortnight during access visits with their father.

11In 2010, Rylie Duggan began a relationship with Megan Young. Ms Duggan lived in Swan Hill with her daughter, Louisa and her son Charlie.[12]

[12] A pseudonym.

12In April 2012, Ms Duggan returned to live in Mildura. Over the next few years, Rylie Duggan would frequently travel to Mildura to visit Ms Young. On occasions, often during the school holidays, Ms Young and the children would travel to Swan Hill to stay with their father at the Swan Hill address.

13Eventually, Rylie Duggan moved to Mildura and each fortnight from then on returned to Swan Hill. Mr Duggan and his children would stay with you and your mother at the Swan Hill address.

14During the COVID lockdowns in 2020, Corey lived in Mildura with his father. This became a permanent arrangement.

Corey Duggan

15On 10 June 2022, Corey was travelling by bus to Swan Hill for a visit. He sent a series of text messages to his mother. It was during these text exchanges with his mother that he disclosed, ‘when I was little uncle [Dean] raped me’.

16On 11 June 2022, Corey’s mother reported the allegations made by her son against you to Swan Hill Police. Corey and his mother attended Swan Hill police station the same day. A disclosure interview took place between Corey and Constable Jason Reddin. Corey stated the assaults occurred in the bedroom of the Swan Hill address while his father and other adults were in the home. Corey stated that there were approximately 10 times where you made him perform sexual acts including making him perform oral sex on you, touching him and anal penetration.

17Corey stated he could recall you saying to him ‘if you tell anyone about this, no one will believe him and [you] would bash him up’.

18The two rolled up charges of sexual penetration of a child under 16 are constituted by the following incidents which took place between 18 March 2014 and 17 March 2016.

19Four incidents of penile/anal penetration comprise Charge 1 and eight incidents of oral/penile penetration compromise Charge 2.

20On an occasion on an access visit with his father at an address in Swan Hill, Corey was in bed when you entered the bedroom and instructed him to follow you. Corey was aware as to why you wanted him to go to your bedroom because ‘well, it wasn’t the first time, so I just thought it was the same thing happening’.

21When you and Corey got into the bedroom, you told the Corey to remove his pyjamas and get onto the bed. You lay down on the bed, spread your legs apart and told Corey to ‘suck it’. Corey did as he was told and positioned himself on his stomach in between your legs. You then penetrated Corey’s mouth with your penis.

22You then made Corey bend over so you could put your penis in Corey’s ‘butt hole’. Corey stated that you made him ‘turn around and go on my knees and bend over’. You penetrated Corey’s anus with your penis for what felt like ‘maybe 10 minutes’ until you suddenly stopped, as Corey’s father had turned on the kitchen light. You said to Corey, ‘quick, hide’.

23Corey quickly put on his pyjamas and hid under your blanket. Corey’s father came in and found him in your bed. Corey’s father asked why he was in your bed and he told his father he had a nightmare. Before returning to his own bedroom, Corey washed his mouth out with water and then went to sleep. When police asked why he had washed his mouth out, Corey said, ‘do I have to say?’ Corey then disclosed that you had ‘spermed in [his] mouth’. When asked what ‘sperm’ is, Corey said, ‘the white stuff that comes out of your penis’. When asked how he knew it to be sperm in his mouth, Corey replied ‘because it was white’.

24On a different occasion during the same period, Corey was in the bedroom on an access visit. Corey stated, ‘I don’t remember how it started that time, but I remember that…he made me put my penis in his bum’. Corey stated that ‘…we were in his room and he bended [sic] over and he made me put my penis in his butt hole’.

25Corey described how you ‘grabbed it and…aimed it in there’. After Corey knelt behind you, you reached through and grabbed Corey’s penis and ‘… put it in there’ into your ‘butt hole’. Corey knew that he had penetrated your anus because he ‘felt it go in there’. Corey described as he moved ‘back and forward’ you just were ‘sitting there while it happened’. The incident ended when you ‘stopped and did it’ to Corey.

26Corey said that after withdrawing his penis from your anus, he then turned around and bent over and you put your penis in Corey’s anus. Corey described that you were ‘moving like forward and backwards’, that it ‘felt bad’ and ‘like reversing a poo’.

27On a different occasion during the same period, during an access visit with his father at Swan Hill, Corey was with the you in his grandmother’s bedroom. You told Corey to enter the closet. Corey did as he was told and then you entered and closed the sliding doors. You took of Corey’s pants and told him to kneel in front of you. You then penetrated Corey’s mouth with your penis.

28You stopped penetrating Corey’s mouth and immediately afterwards you began to ‘tongue kiss’ him. Corey said you ‘made me stand up and asked me to kiss him, and then I did it and he started like, using his tongue and touching my tongue.’ At the time of the incident Corey was aged between 6 and 8.

29On a different occasion during the same period, during an access visit with his father in Swan Hill, Corey was awoken by you and told to go to your bedroom. Corey got up onto your bed and was made to lay on top of you in a sexual position, colloquially referred to as a ‘69’. While Corey was positioned on top of you, you penetrated his mouth with your penis.

30While you lay underneath Corey, you began sucking on his penis. Corey stated that you performed oral sex on each other for approximately five minutes but stopped because ‘…when we were doing that and I was on top of him, the reason that we stopped is cause I really needed to pee and I accidentally peed in his mouth’.

31You said, ‘did you just effing pee in my mouth?’ Corey said ‘sorry’, left your bedroom for the toilet then returned to his own bedroom for the night.

32On a different occasion during the same period, during an access visit with his father at Swan Hill in 2016, Corey was awoken by you and told to go to your bedroom. Corey was again made to lie on top of you. You penetrated Corey’s mouth with your penis.

33While you lay underneath Corey, you sucked on his penis. This went on for several minutes until you stopped and changed positions.

34You then lay on your back and spread your legs apart. Corey moved in between your legs and continued to suck on your penis.

35On a different occasion during the same period, during another access visit with his father at Swan Hill, Corey was with you. You began to play a pornographic movie depicting ‘a bunch of guys and just one girl’. Police asked Corey why you made him watch this movie. Corey said, ‘I dunno. He made me watch it while he was doing stuff to me’. Corey disclosed that you made him ‘do stuff that was in the video…like, weird positions and sucking his penis’. Corey said that he was made to ‘sit on’ and ‘bounce up and down’ on you as you penetrated Corey’s anus with your penis.

36You later stood up, repositioned yourself and then penetrated Corey’s mouth with your penis. You stopped when the pornographic video ended.

Louisa Michelle and Matilda Duggan

37Charge 3 relates to offending against Louisa Michelle and Charge 4 relates to offending against Matilda Duggan which took place between 18 March 2014 and 17 March 2016.

38On a visit to her stepfather’s family home in Swan Hill, you told Louisa and Matilda to follow you to your bedroom. Louisa stated that she was ‘scared of him because he touched us before...like we knew what his plan was’.

39You covered yourself, Louisa and Matilda with a blanket. You then started downloading pornographic videos. While watching the videos you encouraged Louisa to touch your penis. When she refused, you said ‘you know you want to’. You grabbed her hand, place it onto your penis and ‘was making me [her] rub his [your] dick’.

40You also forced Matilda’s hand onto your penis and together both Louisa and Matilda masturbated you. Louisa stated that she was afraid that if she stopped touching your penis she ‘was gunna get hurt or in trouble’.

41On a different occasion during the same period, Louisa was in the bedroom, which shared access to the bathroom ensuite with your mother’s bedroom. You had just showered in the ensuite. You opened the sliding door with a towel wrapped around you. You saw Louisa sitting on a blue couch in the bedroom, so you shut the sliding door.  You reappeared a short time later with ‘powder all over his penis’. You told Louisa that the powder ‘is what makes his penis big and that’s what makes it grow’. You then began to verbally encourage Louisa to touch your penis. Louisa refused; you did not make her touch your penis however you began masturbating your penis.

42After several minutes, Louisa saw you ejaculate onto the arm of the couch. You verbally encouraged Louisa to touch, lick and taste your ejaculate however after she refused, you ‘cracked it’ and left.

43Louisa believes that this occasion occurred around the time her family adopted their dog Ralph[13] which was in early January 2015.

[13] A pseudonym.

44On a different occasion during the same period, whilst on a visit to her stepfather’s family home in Swan Hill, Louisa, her brother Charlie, her step siblings Matilda and Corey and you were sitting on a couch, watching a movie in the bedroom with their respective parents. You were sitting beside Louisa. You laid a large blanket over the legs of the children sitting on the couch. Under the blanket you removed your penis from your shorts, grabbed Louisa’s hand and placed it onto your exposed penis. You held her hand on your penis for several minutes until you ‘let go, so I pulled away’.

45You then began to slowly push your hand down into the waistband of Louisa’s shorts until you reached her vagina. Louisa stated that ‘..I had to sit there cause mum and [Rylie] were right there…and he was shooshing me’. Louisa believed that if she had said something to her parents at the time, ‘Mum and [Rylie] would’ve found out and [he] would’ve got mad at us’.

46For the next five minutes, you rubbed the complainant’s vagina with your fingers.  Louisa stated that the incident finished as, ‘I don’t know, he just gave up’. ‘He just put his hands back to himself and watched the rest of the movie’.

47On a visit to her father’s family home in Swan Hill, Louisa was in your bedroom when you pulled down your blanket, took Louisa’s hand and guided it into your pants and onto your erect penis. You then removed your pants. Louisa was made to masturbate you, ‘maybe jerking him off’ for ‘minutes’.

48On a separate occasion during the same period, on a visit to the family home in Swan Hill, you led Matilda and Louisa down the side of the house. You told the girls you wanted to be their ‘first kiss’. You made both Matilda and Louisa kiss you on the lips. Matilda kissed you on the mouth and then, in her presence, you made Louisa kiss you on the mouth.

49You were arrested and interviewed on 9 September 2022. The allegations in relation to Matilda were not directly put to you as she had not made her VARE.  In your interview, while you could not remember the incidents in detail, you made extensive admission to most of the allegations put to you. The prosecution opening summaries your responses to the allegations.

50During your interview you inferred that your culpability in relation to the offending was reduced due to your age and immaturity. You stated ‘I guess a lack of…proper understanding of…the level of maturity…at that particular age…a child myself at that age should at least understand’. You indicated that the offending was influenced by the hardships you endured due to your mother’s poor health, your natural father’s suicide and your diagnosis of Autism.

Nature and gravity of offending

51It is well established that the absolute prohibitions on under age sexual activity are founded on a presumption of harm.[14] In this instance the victim impact statements - which I will refer to in more detail below - demonstrate the ongoing impact crimes of this nature have on victims, confirming the presumption. However, in assessing the nature and gravity of this type of offending, while always objectively serious, each case must be assessed on its on facts. Here, an important consideration is that you were a child when you committed these offences.

[14] Clarkson v The Queen (2011) 32 VR 361, [33] (Maxwell ACJ, Nettle, Neave, Redlich and Harper JJA).

52During the offending period on the indictment, you were aged between 14 years and 3 months, and 16 years and 3 months. In your record of interview, while effectively admitted the offending conduct, you were of the belief that you were between the ages 12 and 14 at the time. As such the issue of doli incapax was a relevant consideration and became the only issue preventing this matter from earlier resolution. The prosecution ultimately conceded that in the circumstances of this case, at trial, the date range of the offence was a material fact that the prosecution would need to prove in order to exclude the doli incapax argument.[15]

[15] WGC v The Queen [2007] HCA 58; (2007) 233 CLR 66, [43]-[47].

53In argument before me, your counsel highlighted portions of evidence that suggested that the dates when the acts were said to have occurred, and therefore your age at the time, was indeed uncertain. Nonetheless while the doli incapax argument may have been open, the matter resolved on the basis that you had turned 14 at the commencement date of the respective date ranges particularised on each charge.

54While the resolution of this matter has avoided the need for a trial, the circumstances remain exceptional, most particularly the fact that you were a child when the offences were committed which has direct relevant implications in assessing your moral culpability and in the application of other sentencing principles such as denunciation and general deterrence which I will address further below.[16]

[16] Sherritt v The Queen [2015] VSCA 1, [42] (Maxwell P).

55However, the offending remains serious. The victims were very young and the offending spans some two years involving multiple acts. Further, while you were a child at the time, the evidence reveals that you nonetheless were in a position of influence over these very young children. In that regard there was a degree of trust which you took advantage of.

Victim Impact

56Six victim impact statements were tendered on the plea.

57Each statement describes the ongoing impact your offending has had on each victim and their respective families. The common theme in each victim impact statement is that your offending has caused sadness, fear and uncertainty in the victims and other family members impacted by your conduct. The statements also convey the betrayal and breach of trust felt by each of the victims.

58While I will not reproduce the detail of each statement in these reasons, I have taken each victim impact statement into account. 

Personal circumstances

59You were born in Swan Hill in 1999.

60When you were 10 months old, you and your mother were in a car accident which rendered her a paraplegic. Your mother required extensive ongoing medical support and intervention during your childhood. You were cared for by foster carers for a period after the accident whilst your mother was recovering from her injuries. You recall being isolated during this period as you mother was unable to effectively parent you due to her disability.

61Your father died by suicide eight months after the accident.

62You have four half-brothers on your mother’s side, the eldest being Rylie Duggan, the father and step father to the victims in this matter. You currently reside with your mother in Swan Hill, providing daily care to her. Your mother uses a wheelchair and experiences chronic and severe pain, receiving in-home support on a daily basis.

63You briefly moved to Ballina in New South Wales for part of grade 6 however you returned to Swan Hill and completed grade 6. You attended high school until year 10.

64You were diagnosed with a severe speech and language disorder at age 11 and your intellect was measured to be low average. At age 15, you were diagnosed with Autism Spectrum Disorder. While you had social deficits, at that time you did not present with the sensory issues and repetitive behaviours typical of an autism diagnosis. You report that you always felt different and struggled to get along with others. You required education intervention and support during school and report that you were often disruptive and performed poorly.

65Since leaving school you have worked in a variety of roles including as a furniture removalist, labourer and since March 2025, as a landscape gardener. You currently work full time.

66Between the ages of 13 to 17 you smoked cannabis and experimented with cocaine, amphetamines, MDMA and alcohol. You report you have remained abstinent from alcohol and drugs for 18 months.

67You state that you were physically and emotionally abused by your brother Rylie and that you had experienced sexual abuse including incidents in school and by a cousin when you were living in Echuca.[17] You have not reported any of these incidents to authorities.

[17] Location de-identified.

68You were exposed to pornography at age six or seven and you report you were frequently exposed to sexualised language around your brothers. You recall that you had access to pornography on your own laptop from around age nine and that you had developed a sexual curiosity and sexual feelings as early as age six.

69A report prepared by consultant psychiatrist Dr Adam Deacon dated 8 July 2024 was tendered on the plea. Dr Deacon opines that your early and persistent exposure to pornography combined with being the victim of a number of sexual abusive incidents, is likely to have contributed to the skewing of your sexual development and interfered with your morally and legally appropriate sexualised conduct.

70Your mental health has declined significantly since you were charged with theses offences and you have experienced a depressive reaction since your arrest. Dr Deacon notes you present as depressed with prominent self-loathing, making you a vulnerable and traumatised young person. You were admitted to the Swan Hill Hospital psychiatric ward following a suicide attempt in September 2022. Following your release from hospital, you have been supported by Swan Hill Health Youth Mental Health Service, providing weekly counselling and other supports to you.

71Dr Deacon opines that a number of factors, including your underlying speech and language disorder and your impactful childhood trauma and emotional neglect, may have more impact on your social communication issues rather that your autism diagnosis. It is clear from the materials tendered, that your traumatic and turbulent childhood has had a significant impact on you and your sexual development.  

72At present you are motivated and engaged with your current role as a landscaper and you have obtained a gym membership. While you have limited family and social supports, you remain the main support and carer for your mother who is dependent on you.

Sentencing Considerations

73Mr Lewis who appeared on your behalf relied on a number of matters in mitigation.

74First is your plea of guilty. Your plea has significant utilitarian value. It has saved significant court time and expense and most importantly, it has spared the victims from having to give evidence. Further, while you did make admissions, based on your record of interview and the objective evidence, your age at the time of the offending squarely raised the issue of doli incapax. Ultimately the prosecution chose to proceed to trial making the commencement date of the offending a date where you had turned 14. Nonetheless the issue would still have remained live at trial, where the dates would have become an essential point of proof. In the circumstances in my view your plea carries considerable weight.

75In addition to your plea of guilty, I note that you were cooperative with police and made extensive admissions in your record of interview. I also accept that you have demonstrated a degree of genuine remorse. As documented in Dr Deacons report, when you were told of the police investigation, Swan Hill Health recorded that you demonstrated ‘vast amount of guilt and shame’ suffering a stress response which led to two suicide attempts. In another Swan Hill Health document that was tendered, consultant psychiatrist Nethma Baduge stated that ‘in terms of the current charges, he is remorseful of his past, is much emotionally affected by the ongoing court case and feels ashamed of himself.’ While the charges and the court process has cause you a degree of stress, I am also of the view that you have displayed genuine remorse in relation to your conduct.

76I take into account the difficulties you suffered as a child as documented in the materials tendered. As an infant your mother was rendered a paraplegic following a car accident and your father suicided when you were very young. As a result of the extensive medical intervention your mother required, you were isolated as a child. You were sexually and physically abused when very young by a number of people including your half-brother and you were exposed at an early age to pornography. You were diagnosed with a severe speech and language disorder at age 11 and your intellect was measured to be low average. At age 15, you were diagnosed with Autism Spectrum Disorder.  It is in this context that you committed the offences.

77In the circumstances it was submitted that Bugmy principles in the general sense are enlivened. The prosecution accepted that Bugmy principles are open on the materials presented. In my view some weight can be given to your very difficult and troubled childhood experiences.

78I turn now to delay. It was submitted that both limbs of delay are relevant. First this matter has been hanging over your head for a considerable time since first being interviewed by police in September 2022, causing you considerable stress and requiring psychological support and intervention. Secondly, the offences occurred when you were a child in circumstances where you were battling emotional and cognitive difficulties. In recent years you have been actively engaging in mental health support services addressing some of your early traumas, and you continue to remain engaged with those services. You are working full time and there has been no further offending. In those circumstances it was submitted that you have advanced your rehabilitation, which I accept.

79Your age is relevant in two respects. First, you were a child when you committed these offences and secondly, you are still a relatively young man.

80Turning first to your age at the time. In Sherritt v The Queen[18] the circumstances bear similarities to this case. The applicant was aged between 14 and 17 during the offending period and the complainant aged five to eight or nine. The offending involved penile penetration on numerous occasions including ejaculation. Priest JA (with whom Maxwell P agreed) made the following observations:

Thus, on the assumption that the applicant was under 17 years at the time of the commission of the present offences, had he been charged before he turned 18 years, he would have been dealt with in the Children’s Court, and thus would have been subject to a more benevolent sentencing regime than was available to him as an adult. It is, perhaps, unprofitable to assay what disposition the applicant’s offending might have attracted had he been dealt with as a child, but it is unlikely that he would have been imprisoned. Indeed, if his offending had attracted a period of detention, it would almost certainly have been spent in a youth training centre — a very different regime to an adult prison.

[18] [2015] VSCA 1.

81The Queen v Boland[19] also bears some similarities with this case where the complainant was aged between six and 12 when the offences were committed and the appellant aged between 13 and 19. Nettle JA (with whom Ashley and Dodds-Streeton JJA agreed) set out the proper approach in cases such as this:[20]

... Decisions of this court in R v Nutter and R v Better recognise that where offences which have been committed while an offender is a child or immature and are not prosecuted until many years after the event, there is good reason to mitigate penalty, or at least to do so where the offender has achieved a significant degree of rehabilitation and there has been no further offending. Although such an offender falls to be sentenced as an adult, common sense and fairness dictate that the assessment of the nature and gravity of the crime, and of the offender’s moral culpability, take into account that what was done was done as a child, or as a person of immature years, and not as an adult or a person of greater maturity. Counsel for the appellant is also correct that general deterrence ordinarily has a lesser role to play in the sentencing of children and immature young people than in the case of mature adults, and that it is significant that the appellant has not re-offended in more than 24 years.

[19] [2007] VSCA 242; (2007) 17 VR 300; see also Sherritt [34]-[38].

[20] Ibid 304 [16].

82In Sherritt, not unlike the circumstances in this case, the applicant had overcome a difficult childhood, had led an otherwise blameless life, was genuinely remorseful and had undergone complete rehabilitation. The Court concluded that at first instance the applicant should have been sentenced to a community correction order.

83The second aspect in relation to age is that you are currently 25 and are still a relatively young man. You come before the court with no prior criminal history or subsequent offending, you are working full time and you are engaged with mental health support services. A such in my view your rehabilitation remains a prominent sentencing consideration and clearly your ongoing prospects are excellent.

84The prosecution submitted that despite the unique circumstances that apply in this instance, a term of imprisonment is required in order to recognise the sentencing principles that would ordinarily be applied in cases such as this; general deterrence and denunciation of your conduct. However as noted in Sherritt those principles have a limited role to play:[21]

… common sense and fairness dictate that the assessment of the nature and gravity of the crime, and of the applicant’s moral culpability, must take into account that what was done was done as a child; and that, even absent statutory sanction, general deterrence will ordinarily have a lesser role to play in the sentencing of children than in the case of adults.

[21] Sherritt [35] and [42].

85Nonetheless while the principles of general deterrence and denunciation of your conduct are greatly reduced, they still have a role to play in cases of sexual offending against children. However, in my view a community correction order is able to meet the relevant sentencing considerations while still recognising the unique circumstances of this case.  As the Court of Appeal noted in Boulton v The Queen,[22] a community correction order ‘may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.’

[22] Boulton v The Queen (2014) 46 VR 308 [131].

86In Williams v The Queen,[23] Priest and Hargraves JJA said:

As was made clear in Boulton, in an appropriate case a CCO provides a flexible sentencing option, enabling punitive and rehabilitative purposes to be served simultaneously. A CCO can be fashioned to address the particular circumstances of the offender and the causes of the offending, and to minimise the risk of re-offending by promoting the offender's rehabilitation. And although as the order of seriousness of offending conduct increases, the likelihood that such a disposition will be appropriate diminishes, a CCO may remain open, even in cases of very serious offending.[24]

[23] Williams v The Queen [2018] VSCA 171.

[24] Ibid [47].

87You were assessed as suitable for a community correction order and as being a low risk of reoffending. The order that I will impose will have both punitive and therapeutic conditions and it will be onerous.

Sentence

88Mr Wilkes would you please stand.

89Dean Wilkes, on Charges 1 and 2, sexual penetration of a child under 16 and Charge 3 and 4 indecent act with or in the presence of a child under 16, you are convicted and will be placed on a community correction order for a period of 3 years.

90In addition to the standard conditions that apply to all community correction orders, you will be required to complete 300 hours of unpaid community work. Further, you will required to undertake treatment and rehabilitation in relation to your mental health and undertake programs to reduce the risk of reoffending. You will also be subject to supervision for the period of the order.

91Pursuant to s 48CA of the Sentencing Act 1991 (Sentencing Act), I direct that all of the hours that you satisfactorily complete pursuant to the treatment and rehabilitation conditions, may be credited as hours of unpaid community work.

92Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 3 years imprisonment with a non parole period of 18 months.