DPP v Beck

[2021] VSCA 88

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2020 0147

DIRECTOR OF PUBLIC PROSECUTIONS	Applicant
v
CHRISTOPHER KEVIN BECK	Respondent

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JUDGES:	MAXWELL P T FORREST JA EMERTON JA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	16 March 2021
DATE OF JUDGMENT:	7 April 2021
MEDIUM NEUTRAL CITATION:	[2021] VSCA 88
JUDGMENT APPEALED FROM:	[2020] VCC 979 (Judge Fox)

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CRIMINAL LAW – Appeal – Sentence – Crown appeal – Standard sentence scheme – Rape (two charges) – Failure to comply with reporting obligations under the Sex Offenders Registration Act 2004 – Sentence of 6 years’ imprisonment on each charge of rape – Whether sentences manifestly inadequate – Guilty plea – Forcible rapes – Vulnerable victim – 18 weeks pregnant and with intellectual disability – Respondent in position of trust – Ignored protests of victim – High level of moral culpability – History of repeated sexual offending against vulnerable persons – Poor prospects of rehabilitation – Community protection, specific deterrence and denunciation – Appeal allowed – Rape sentences increased to 8 years’ imprisonment – Failure to report sentence increased to 9 months’ imprisonment – Sentencing Act1991, ss 5A(1)(b), 6E.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr B Kissane QC with Ms A Ellis	Ms A Hogan, Solicitor for Public Prosecutions
For the Respondent	Mr D Dann QC with Mr C Terry	Tyler Tipping & Woods

MAXWELL P
T FORREST JA
EMERTON JA:

1. On 13 May 2020, the respondent pleaded guilty in the County Court of Victoria to one rolled up charge of rape involving digital penetration of the victim’s vagina (charge 1), one charge of rape involving penile penetration of the victim’s vagina (charge 2) and one charge of failure to comply with reporting obligations under the Sex Offenders Registration Act 2004 (charge 3).

1. On 2 July 2020, the respondent was sentenced as follows:

Charge	Offence	Maximum	Sentence	Cumulation
1.	Rape (rolled up) [contrary to s 38(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences and Other Matters) Act 2014]	25 years	6 years	Base
2.	Rape [contrary to s 38(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences and Other Matters) Act 2014]	25 years	6 years	6 months
3.	Fail to comply with reporting obligations [contrary to s 46(1A) of the Sex Offenders Registration Act 2004]	5 years	3 months	Nil
Total Effective Sentence:		6 years 6 months
Non-Parole Period:		4 years 2 months
Pre-Sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991:		8 days
6AAA Statement:                TES 8 years 6 months NPP 6 years 6 months
Other relevant orders:         Life time reporting pursuant to SORA

1. The Director of Public Prosecutions (‘Director’) appeals the sentence on the single ground that the individual sentences on charges 1, 2 and 3, the orders for cumulation, and the total effective sentence and non-parole period imposed are each manifestly inadequate.

The offending[1]

[1]The summary of the offending and the…