Director of Public Prosecutions v Wood

[2022] VCC 1507

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT LATROBE VALLEY

CRIMINAL JURISDICTION

CR 22-01268

DIRECTOR OF PUBLIC PROSECUTIONS

v

KYNAN WOOD

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	9 September 2022
DATE OF SENTENCE:	9 September 2022
CASE MAY BE CITED AS:	DPP v Wood
MEDIUM NEUTRAL CITATION:	[2022] VCC 1507

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Accused	Mr V. Peters	Verhoeven & Curtain Pty Ltd

HIS HONOUR: 

1Kynan Wood, you have pleaded guilty to one charge of sexual penetration of a child under the age of 16 years.  That crime carries a maximum penalty of 15 years' imprisonment. 

2You pleaded guilty at a relatively early opportunity, having indeed confessed to this type of offending some time back when you were under the age of 19. 

3This is in fact a rolled-up count that you have pleaded to, but all the incidents took place within a matter of a few hours on the one night and that makes no difference in that respect.  

4I accept that your plea of guilty is accompanied by remorse and you must also get the utilitarian benefit of that plea of guilty.  It saved the need for a trial.  I obviously note that you made full admissions as to the actual relationship, albeit not this particular charge, when you were interviewed. 

5Your plea also comes at the time of Worboyes and it assists in the administration of justice and the Court of Appeal has made it clear that when that occurs in these times of COVID that a demonstrable discount should be made.

6I will describe the offending in a moment.  There is an age difference of some three years.  I am not aware of the mental age difference, but three years is significant, and in those circumstances it obviously has to be regarded as certainly not a trivial offence, and general and specific deterrence have to play a part, though I suspect specific deterrence in your position are of little relevance.  There is a level of denunciation and obviously there has to be an appropriate punishment. 

7The Crown have conceded, if that be the correct word, that a community corrections order is within range, and I think that is the appropriate disposition. 

8You were in a relationship from August of 2019 when you were 17 years and six months and the complainant was 14 years and three months.  She came and lived with you for an extended period of time, and obviously during that period of time, sexual intercourse took place.  They are the matters that you did admit to, to a certain degree, with the police. 

9There was then a - in around about June, as I understand it of 2020 - there was an argument between the two of you and you have picked her up in your vehicle.  The pair of you went out to The Pines, being the pine plantations around the Moe area, and there and back again at your house, consensual sex occurred in a penile-vaginal way, on three occasions.  You then watched Netflix and fell asleep.  The very next morning she attended the Morwell Police Sex Offences and Child Abuse Investigation Team where she provided a VARE. 

10As I have indicated, during the course of the plea, had you been charged on that morning and you certainly could have been, you would have been dealt with in the Children's Court and this matter would have been resolved a significant time ago.

11I have read and now heard read out in court by the learned prosecutor, the victim impact statement.  Clearly, offending of this nature causes significant damage to young women and young men.  Indeed, there is a presumption of harm and I certainly take that victim impact statement into account in this sentencing process.

12You are now 20.  You are unemployed because of an injury to your hand.  You got to Year 10 in school, you have worked basically since then.  You continue to live at home in what your counsel described as a 'solid' family with your parents and one other sibling, as I understand it. 

13The character references which have been tendered, Exhibit 1, indicate that you are by and large a diligent young man and this is a situation which I accept is very, very unlikely to be repeated.  The prospects of your rehabilitation are, in my view, very good and the risk of you re-offending in my view, is very low. 

14Taking those matters all into account in as succinct way as I can, you will be placed on a community corrections order. The Crown agree that is within range. It will be for a period of two years.  I will direct that you perform 150 hours of community work under that community corrections order.  It will be with conviction.  It has to be, I think, because of the seriousness of the offending and the nearest reporting will be Morwell. 

15I probably should formally do it actually.  I advise you that because of the nature of the offence, you will be placed on the Sex Offender's Register and the reporting conditions will be for 15 years. 

16As has been indicated, your counsel and solicitor are well aware that the application can be made to me to have that dispensed with.  There is a process by which it takes place, and I certainly would indicate as I sit here, subject to submissions later on, perhaps from the Chief Commissioner, that I would view such an application favourably.  I say that just in case it came before another judge. 

17You would understand if you breach that by any offending like this, you will be in serious trouble, all right?  Yes, if you could go with them please, Mr Peters.

18MR PETERS:  Yes. 

19HIS HONOUR:  All right, that order is made.  I will also put in the sentencing remarks, that he has no priors.  I do not think that I said that, so that will be added. 

20MR PETERS:  Yes, Your Honour. 

21HIS HONOUR:  Don't take him through it all, just get him to acknowledge it, that's all. 

22MR PETERS:  Yes, Your Honour.

23HIS HONOUR:  All right.  Okay, thanks for that.  Yes, thanks Mr Peters. 

24MR PETERS:  Thank Your Honour. 

25HIS HONOUR:  Now, I just want to talk to counsel about Monday that's all.  Yes, if you come out of there now, thanks Mr Wood.

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