Director of Public Prosecutions v Williamson

[2016] VCC 865

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 16-00618

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARK REGINALD WILLIAMSON

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	22 June 2016
CASE MAY BE CITED AS:	DPP v Williamson
MEDIUM NEUTRAL CITATION:	[2016] VCC 865

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore
For the Director of Public Prosecutions	Mr M. Goldberg

HIS HONOUR:

1Mark Reginald Williamson, you have pleaded guilty to one charge of indecent assault.  That crime carries a maximum penalty of ten years' imprisonment.  You are 31 years of age, you pleaded guilty at the earliest reasonable opportunity, and I accept that that plea is accompanied by appropriate remorse.  You must also get the utilitarian benefit of that plea of guilty.

2You have no prior convictions, and as I understand it, you have no matters pending.  As I have indicated during the course of discussion with your counsel, this offending was very much situational.

3I now turn to the offence itself.  You had been in a relationship with the victim for a couple of years, or a few years, and had one child together.  It is clear from the Crown opening, I do not see any need to read it all out again, that there were difficulties in the sexual nature of that relationship.  In any event, some time in around early 2013, there was an occasion where the complainant fell asleep on the couch during the day time while you were sitting and watching TV.  She awoke to find that you had placed your hand or hands up her shorts, and were touching her on the vagina.  She said "What the fuck are you doing?", and you replied "What?  You are enjoying it".  The relationship ended not long after that, and these matters first came to light when she was discussing it with the police some two years after that.  There was then a delay from your record of interview where you essentially conceded the conduct, to when you were charged, of something in the order of eight months.  Obviously there is significant delay in this matter and without attributing reasons to it, I take that into account.

4I have read the victim impact statement that has been made out by complainant, and again, I take that into account.  It is clearly a situation where the relationship was a fraught one, but it has to be understood that I sentence you for one particular piece of conduct, not the entire relationship.

5The basis of the offending is that the victim was asleep, and on any version it would appear that you desisted once she was awake, there can be no question about that.

6In any event, sexual offending has to be regarded as serious in the normal course of events.  Of course, (indistinct words), I think there is a need for general deterrence obviously, but no real need for specific deterrence.  There must be an appropriate punishment, and I take all those matters into account.  The Crown position is that a community corrections order is within range, and I think that is clearly right.  Your counsel put on your behalf that that order could be without conviction, however as I have indicated, I think that in this situation in this jurisdiction with offending of this nature, where you were not either very young or very young, and it cannot be demonstrated that a conviction would damage your prospects of employment, I could not accede to that request.  Accordingly, the community corrections order will be with conviction.

7I then take into account matters personal to yourself.  The most important ones are of course that you have no prior convictions and nothing pending.  There is nothing to suggest that you are in need of any treatment, or anything along those lines.  You do have a relatively good work record on what I am told, and at the present time you are in a situation where you have the opportunity of perhaps even forming a partnership with somebody, in relation to the cleaning of new houses.  Obviously that would be of assistance, not only to yourself, but also to your young son, with whom you have access.  You at the present time have stable accommodation, living with your sister in Pakenham, and have in more recent times, spent about six months looking after your grandfather, I think, in Currajong.  So the prospects of your rehabilitation have probably been achieved, in any event, and the risk of your reoffending is very low indeed.

8In those circumstances I do intend to impose a community corrections order, and it must be one which shows that the offending was not trivial, but is put within a context.  Accordingly, on that charge, you are to be placed, if you agree, on a community corrections order with conviction.  There will be 150 work hours attached to that order, and it will be over two years.  I make it clear that once the work hours are finished, the CCO ceases.  That will be the end of it. 

9I am assuming - where is he living?  Pakenham.  Morwell, I think, is probably going to be - Morwell or Dandenong Corrections?

10MR GOLDBERG:  I think Dandenong Corrections might be the best.

11HIS HONOUR:  Dandenong Corrections, yes.  I have probably already asked, there is no other orders I have to make?

12MR GOLDBERG:  No, Your Honour.

13HIS HONOUR:  No.

14MR MOORE:  We are not seeking a sex offender's registration.

15HIS HONOUR:  No.  Just get your client to sign that, Mr Goldberg.  All right, that order is made, there is nothing else we need to do?

16MR GOLDBERG:  No, Your Honour.

17HIS HONOUR:  All right, yes, thanks Mr Goldberg.  You can come out of there.  I just want to talk to the Crown about tomorrow, that is all.  Yes, they are all excused.

18(At this stage the court proceeded with another matter.)

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