DPP v Roma
[2012] VCC 1001
•19 July 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-11-02358
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY JOSEPH ROMA |
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JUDGE: | HER HONOUR JUDGE PATRICK | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 19 July 2012 | |
CASE MAY BE CITED AS: | DPP v Roma | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1001 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J. Domantay | Office of Public Prosecutions |
| For the Accused | Mr R. Willcox |
HER HONOUR:
1 Anthony Joseph Roma, you have pleaded guilty to three charges of indecent act with or in the presence of a child under 16 (Charges 1, 3 and 4), two charges of common law assault (Charges 2 and 9), two charges of indecent act with a child who was 17 years old and under your care, supervision and authority (Charges 12 and 13), seven charges of indecent assault (Charges 5, 6, 7, 10, 11, 14 and 15) and one charge of supplying a drug of dependence to a child (Charge 8). The maximum penalty for indecent act with a child under 16, indecent assault and common law assault is ten years' imprisonment. The maximum penalty for indecent act with a child who is 17 years old and under the care, supervision and authority of the accused is five years' imprisonment. The maximum penalty for supplying a drug of dependence to a child is 15 years' imprisonment.
2 The prosecutor made an application for the taking of a forensic sample from you, pursuant to s.464ZF of the Crimes Act 1958. The making of that order was not opposed.
3 As a result of the provisions of the Sex Offenders' Registration Act 2004, you will be required to report and otherwise comply with requirements of that legislation for the remainder of your life. That is because you are being sentenced in relation to three or more offences classified as Class 2 offences under that legislation. Charges 1, 3 to 7 and 10 to 15 are classified as Class 2 offences. For the purposes of this sentence, I am treating the offending in Charges 10 and 11 as one Class 2 offence, as although it is not clear, it may be that they occurred within a 24 hour period. I am also treating the offending in Charges 14 and 15 as one Class 2 offence, as these offences occurred within one 24 hour period and related to the same victim. I am therefore sentencing you in relation to ten Class 2 offences.
4 If a sentence of imprisonment is imposed for Charges 1 and 3, you will become a serious offender on each of Charges 4 to 7 and 10 to 15 in relation to sex offending as a result. Protection of the community becomes a paramount sentencing purpose and, unless otherwise stated, sentences imposed must be served cumulatively. I note that the prosecutor does not seek a disproportionate sentence in order to achieve community protection.
5 You were remanded on 12 May 2012 and bailed on 24 June 2010. You were remanded again on 18 May 2012, accordingly, you have spent 110 in pre-sentence detention, up to and including 18 July 2012.
6 The circumstances of your offending are set out in the Summary of Prosecution Opening, which was tendered as Exhibit A. You were born on 13 May 1959 and are now 53. Between 20 December 1996 and 1 March 1997, a girl I will call SC visited your daughter, who was her friend. SC was 12 years old at the time. You told SC and your daughter to sleep on your bed. You then lay down with them while they fell asleep. After your daughter went to sleep, you put your hand up inside SC's top and touched her bare breast area. This is the indecent act which is the subject of Charge 1.
7 When you did this act you said "shush". You then moved your hand along SC's body towards her groin area. You held your hand on her thigh for a short time, then moved your hand up and put it back inside her top. Once again, you touched SC on her bare breast area. SC pulled your hand away and ran and locked herself in the toilet. She was crying and afraid to come out of the toilet.
8 The following morning, you approached SC while she was lying on her bed. You pinned her down so she could not get up. You then told her that she could not say anything about what had happened as you would get into a lot of trouble. When you said this, you were angry and aggressive, which caused SC to feel very frightened (Charge 2, common law assault).
9 Some time between 1 July 2010 and 19 November 2010, a girl I will call TH was waiting in Sunbury to catch a bus to her school. TH was 15 years old and a friend of your daughter. You drove past and offered her a lift, which she accepted. You then drove her to a shopping centre. Whilst you were travelling in the car, you rubbed TH's legs as she sat in the back seat. She was wearing a skirt at the time and you moved your hand up towards her groin area. At the shopping centre car park, TH sat on the bonnet of your car. While she was in that position, you put your hands on her thighs and kissed her on the lips, this is the indecent act which is the subject of Charge 4.
10 As TH got off the bonnet, you touched her on her bottom over her clothing. You and TH then went into an underwear shop. While in the shop, you attempted to kiss her in a passionate manner by putting your tongue in her mouth. You then said to TH, "Do I have anything to worry about?"
11 A girl I will call JK met you because she was a friend of your daughter. Some time between 1 January 2009 and 1 January 2010, in the first week that she had met you, JK was at a swimming pool with you and her friends. You put your hand inside her bikini top and touched her breasts (Charge 3, indecent act with a child under 16 years old). JK was aged 15 or 16 at the time.
12 On 6 February 2011, JK, who was then 17 years old, began to live with you and your family after she had a falling out with her mother and left home. On 22 March 2011, you attended JK's school and tried to arrange documentation to show that you had taken over informal guardianship of JK. When JK first moved into your house, you told her that your family was affectionate with each other and that she should kiss you before she left and after she arrived home. Subsequently, on many occasions, you tried to take advantage of her by attempting to engage in a passionate tongue kiss.
13 On the day JK moved into your home, you gave her a Valium tablet to assist her with the transition of leaving home. Within days, you supplied her with a further two Valium tablets in order for her to sleep. The Valium tablets were not prescribed for JK and you were not authorised to give the tablets to her (Charge 8, supplying a drug of dependence to a child).
14 Some time between 6 February 2011 and 2 April 2011, you grabbed JK by the front of her clothing and pushed her up against a wall inside the house. You said to JK, "If you were one of mine, I would have thrown you through the wall by now" or words similar to that. JK was frightened by your aggressive behaviour and your words (Charge 9, common assault).
15 On Friday, 1 April 2011, JK stayed home from school, you took her out for lunch and then you came home. You both lay on your bed, you then began touching JK's breast area over her clothing. JK tried to stop you by putting her arms across her chest to block your movements. You said to her, "Do you feel like you're being molested?" JK left the room and went outside to have a cigarette. As she leaned against the bonnet of your car in the driveway, you approached her, you pushed her back and pulled her top up exposing her bra and breast area. You then touched her stomach and breasts. You told JK that you would allow her to smoke inside if she went back to the bedroom.
16 A little later, you and JK were lying on your bed when you said to her, "Now it is my time to play with no barriers." You then pulled up JK's top and bra over her breasts, you touched and licked her nipples. This is the indecent act which is the subject of Charge 12, indecent act with a child under 17 years old. As you were doing that, you undid the top of her shorts and put your hand down the front of them, touching her pubic area.
17 In the early hours of Saturday, 2 April 2011, you drove into the city and collected JK. A female friend of JK's was also in the car. While travelling home, you rubbed JK's thighs between her legs and around her groin area. This act is the subject of Charge 13, indecent act with a child under 17 years old. JK was very intoxicated at the time and was not aware of what you were doing but your actions were observed by her friend.
18 Between 15 January 2011 and 2 April 2011, a girl I will call HF, went to your house to visit your daughter. During the visit, you told her that she had to kiss you when you requested. On many occasion, you took advantage of her and tried to kiss her in a passionate manner by attempting to put your tongue inside her mouth.
19 Some time between 15 January 2011 and 6 February 2011, you held a gathering at your house. Only females were invited. Alcohol was consumed and HF became intoxicated. You took HF to the bedroom she was to sleep in that night, you removed her clothes and put her pyjamas on. While you were changing her clothing, you touched her breasts (Charge 5, indecent assault). You then laid down next to HF on the bed and touched her all over her body. At the time HF was unaware of your actions. The following morning, you said to HF, "Nice boobies and nipples too". HF felt embarrassed and humiliated.
20 Some time between 1 February 2011 and 1 April 2011, you held another gathering at your house. Again, only females were invited. Before the party began, you picked HF up and carried her to your bedroom. You put her on the bed and then lay down next to her. You touched her thighs and pushed her legs apart. You pulled her top up and touched her breasts. This act is the indecent assault which is the subject of Charge 6. Later in the evening, you tried to kiss HF passionately by sticking your tongue down her throat. A little later you put your hand inside her bra and touched her breasts.
21 Between 1 March 2011 and 2 April 2011, you took HF out for lunch. You paid for her meal and then said to her that she could pay you back in other ways. HF did not know what you meant by that but the remark made her feel uncomfortable. You and HF went back to your house where you said you wanted to lie down. You insisted that HF lie next to you and let you touch her body, as that was the only way you could relax and get some rest. You then touched HF on the breasts. This is the act which is the subject of Charge 10 of indecent assault.
22 On 2 April 2011, HF was getting ready to go out. You approached her and put your fingers down inside her bra, touching her breasts (Charge 11, indecent assault). At the time of these assaults, HF was aged 16 or 17.
23 Between 1 February 2011 and 1 April 2011, a girl I will call JT visited your house to visit your daughter. You had first met JT on the night you had a previous gathering at your house. During the evening of the visit, you asked JT for a kiss. When she leaned in towards you to give you a peck on the cheek, you turned and tried to kiss her passionately by putting your tongue in her mouth. You managed to touch JT's lips with your tongue, this is the act which is the indecent assault, the subject of Charge 7. Also during the evening, you grabbed JT's top and pulled it, you looked down inside her bra and said "Nice rack, nice boobs too". At this time, JT was 17 years old.
24 On 10 May 2011, you were a voluntary patient in a psychiatric unit at the Sunshine Hospital. On your first day in the unit, you approached a female fellow patient, RS. You pushed RS up against a wall in the kitchen area. You then used your size and weight to pin her to the wall, so she could not get away from you. You then tried to kiss her passionately by sticking your tongue in her mouth. Two days later, RS was in your room. Once again, you tried to kiss her passionately by sticking your tongue in her mouth. This is the act which it is agreed is the indecent assault which is the subject of Charge 14.
25 A short time later, RS was sitting on your bed, you knelt down in front of her and attempted to push her tracksuit pants down. At the same time, you said "I want to growl you". When RS asked you what you meant, you said "I want to eat you and I want to eat you now" (Charge 15, indecent assault). RS, at this time, was 31 years old.
26 On 3 April 2011, you were arrested in relation to the allegations involving JK and HF. You were taken to the police station and participated in a formal record of interview. ON 12 May 2011, you were arrested again. You declined to be interviewed in relation to some of the allegations and exercised your right to make a 'no comment' interview in relation to other allegations. I make it clear that in relation to each charge, you are being sentenced for committing the act which is the subject of that charge. Other alleged unlawful acts, which you accept occurred, provide a context for those acts and may impact on the gravity of the act which is the subject of the charge.
27 Four victim impact statements were tendered, being victim impact statement of HF (Exhibit B), victim impact statement of SC (Exhibit C), victim impact statement of JK (Exhibit D) and victim impact statement of RS (Exhibit E). RS read her impact statement. The impact statements of SC and HF were read by the prosecutor. I have considered the contents of all four victim impact statements.
28 In her victim impact statement, SC describes the impact of your actions on her at the time of your offending and the continued effect of those actions. She describes at the time of feeling fearful, dirty and at fault. As she grew older, she had thoughts of suicide and told other people and the police about your actions. She was angry and depressed. SC feels that you actions affected her in such a way that her education was adversely affected. She sought help through a psychologist and a doctor. Fortunately, she has married and has children, although your actions still impact on the way in which she engages in her relationship with her husband and her children. Your being charged has raised all these matters again in her mind and she has had great difficulty coping.
29 HF describes her confusion and feelings of being trapped and blackmailed as well as feelings of loss of control. She also says she felt ashamed. She believed that she had to do what you wanted otherwise she would not be able to see your daughter. She says the impact of your offending has caused problems in her relationship with her father. She says she does not trust people anymore. She clearly has also been upset at the loss of her friendship with your daughter. She says that doing an impact statement has brought back everything that happened and that she hopes after you have been sentenced that she can move forward.
30 JK describes her emotional response when you acted in the way you did towards her after she had moved into your home. She says she felt in constant fear and self loathing thinking it was somehow her fault. After your offending towards her, she felt she had to move away and that caused disruption in her education. She says she felt suicidal throughout 201 and has on-going anxiety. She says the situation has had an effect on her family. She says if she sees someone similar to you in the street she feels panic and terror. She says thoughts of what happened interfere with her relationships and that she is very angry about what you have done. She says that what you did continues to affect her and her future.
31 RS, in her victim impact statement, describes the impact on her of your actions. She is receiving psychiatric care and medication. RS says she was in hospital receiving treatment in relation to a mental breakdown she had had trying to deal with memories of a previous very serious sexual assault when you assaulted her. Your actions caused her to feel a lack of confidence in the facility and hindered her recovery. RS says that the consequences have had an impact on her relationship and that she attempted to overdose after your actions. She says difficulties have also been caused in her ability to care for her children. She says she is scared to be hospitalised again, in case it happens again.
32 It is clear that your actions have caused great distress and harm to the victims. This harm has continued over a considerable period of time and for many years, in the case of SC. It is very sad that particular complainants who were children blame themselves. It is absolutely clear that you, and you alone, were to blame. It is to be hoped that after the finalisation of this matter, and with further support, each of the people affected by your actions will be able to recover insofar as recovery is possible for each of them. As your counsel said in sentencing submissions, you have caused a lot of hurt, and that hurt is very close to the surface.
33 A number of exhibits were tendered on your behalf as follows.
Exhibit 1: Report from Mr Ian Michel dated 8 May 2012;
Exhibit 2: Letter of Michelle Pinto dated 7 October 2011;
Exhibit 3: Report of Paul Grech dated 14 May 2012;
Exhibit 4: Report of Ajith Weeramin, Western Mental Health dated 6 October 2011;
Exhibit 5: Report of Ajith Weeramin dated 10 April 2012.
34 I have taken into account your personal circumstances. I have derived those circumstances from the material contained in the exhibits tendered on your behalf and what was said by your counsel.
35 You were raised in the northern suburbs of Melbourne. Your father was violent towards you, your five siblings and your mother. You suffered frequent and severe beatings. Your father engaged in controlling behaviour such as requiring you to clean his shoes and feet every day. He was verbally abusive to you, calling you a pig. Your parents are both deceased.
36 You were educated at three primary schools. You left school in Year 10. You disliked school and got average results. You were told by your father to go and get a job. You worked in factory work and as a storeman. You have also worked as a security person. Since June 2011, you have been on a disability pension due to your psychiatric condition, weight, back pain and carpal tunnel syndrome.
37 You married your first wife at 23 and had two children with her. That relationship broke down. You have a good relationship with your son and daughter from your first marriage. You have been in a relationship with AS for about 15 years. AS has a daughter who is now 18. Your son from a previous marriage was in court to support, as were your partner and her daughter.
38 You have had problems with obesity. You have lost 40 kilos since lap band surgery in February this year. Your counsel referred to and relied upon various matters set out in the medical reports tendered. Your counsel said that on the basis of the matters contained in the medical reports, you required long-term treatment and that you would require further intervention to overcome your lack of insight.
39 Your counsel described your offending as protracted, though sporadic and perhaps opportunistic. He referred to the 12 year gap between the offences against SC and the remaining offences. He said the offending was against young girls, except ;your offending against RS. All the young complainants were friends or acquaintances of either your daughter or your step-daughter. Your counsel said that although the offending was over a period and closely linked with parties and alcohol, it should not be concluded that you were grooming the young women.
40 Your counsel said that you had no concept of what you were doing was indecent and that you had no insight into your offending. You attempted to rationalise your actions and could not grasp the impact of the disparity in your ages. Your counsel said that your offending was in the context of you endeavouring to be one of the younger group. He said that you took advantage of the situation of trying to be over friendly as one of the group. Your counsel said you could not see that what you were doing was indecent. Your counsel referred to your anxiety and depression pre-dating your offending. He referred to your serious mental health and physical issues.
41 You have admitted two court appearances in 1995 in relation to dishonesty offending. I do not consider these matters to be relevant for the purposes of this sentence.
42 You have also admitted a court appearance in 2001, for which you received a Community-based Order in relation to a charge of recklessly causing injury. According to your counsel, this was as a result of you slapping your step-daughter. You were apparently to receive assistance with anger management and parenting skills. The offending in this case is not relevant to your sexual offending but is relevant to the assault offending. I note that despite receiving some assistance in relation to parenting skills, you had offended in a physical way against a child and went on to offend against children, again in a physical way, albeit not a child in your family.
43 In sentencing submissions, your counsel submitted that you should not receive a sentence which involved being required to serve a term of imprisonment. Your counsel accepted that general deterrence would be a very big factor in the sentence. He suggested that the decision in R v. Verdins [2007] 16 VR 269 would apply in that you would face difficulties in prison because of your mental health issues and physical health issues.
44 Your counsel said that the time you had already spent in custody prior to the plea hearing had served to deter you from further offending. You were apparently fearful in custody and had mental health problems while you were there. Your counsel suggested that the threat of further custody would be sufficient to deter you. Your counsel submitted that the sentence ought to take into account that you had pleaded guilty and had made various admissions. A committal was held and two of the complainants, who were then adults, were cross-examined.
45 Your counsel submitted that the appropriate sentence would be a Community Corrections Order which would allow for supervision of you and treatment of you.
46 The prosecutor submitted that the appropriate sentence would involve an immediate term of imprisonment. The prosecutor submitted that it should be taken into account that on one occasion you had engaged in multiple acts and multiple offending against young friends of your daughter or step-daughter.
47 The prosecutor said that the offending was mainly against young females at your house and in your car and that only the offending against RS could be described as opportunistic.
48 After hearing the plea, I indicated that an immediate term of imprisonment would be appropriate for this offending. The prosecutor submitted that the appropriate term of imprisonment would be a total effective sentence between two and a half and three and a half years, with a non-parole period of between one and a half and two and a half years.
49 The prosecutor addressed various relevant sentencing considerations including the need for public denunciation and general deterrence in relation to crimes involving sexual abuse of children. The prosecutor also referred to the impact on the victims in this case and what were asserted to be aggravating features of the offending.
50 The prosecutor considered that there was some material in the psychological report of Dr Grech which was concerning but also raised principles established in Verdins. The prosecutor submitted that an appropriate measure of cumulation should be imposed to reflect the fact that your offending was committed against multiple victims on different occasions.
51 Your counsel submitted that the lesser period of both the head sentence and non-parole period would be sufficient penalty. Your counsel submitted that while certain of the offences were against children, your offending was not of the highest degree. It was also asserted that the complainants were all known to you and it could not be said that you would seeking to offend outside those known to you in the general community.
52 Your counsel also relied on your lack of prior sexual offending and your age and that you are currently receiving treatment. Your counsel said that you require to see a surgeon on a continuous basis following surgery to control your weight.
53 All of your offending, except for that in Charges 14 and 15, was against children, albeit not very young children. The courts have made many statements about the importance of denouncing sexual offending against children and imposing just punishment on offenders. The importance of deterring others from engaging in similar offending has been frequently stressed. Children are protected by the law and they ought to be able to be safe with adults in the community. You caused each of your victims to feel unsafe.
54 SC was 12 at the time you offended against her. You offended at a time when she was visiting your daughter and was a guest in your home. You were in a position where you ought to have been taking care of her. Instead, you offended against her in a gross manner. You then attempted to frighten her so that she would not say anything about what you had done. You were considerably older than SC, she has been deeply affected by your actions, as have others.
55 I have taken into account that the offending occurred many years before you were charged. That delay is understandable, given SC's reactions. You must be sentenced bearing in mind sentencing practices at that time. You were unaware that you might be charged and no doubt though you had got away with your offending. That delay gave you an opportunity to reform yourself. Sadly, you went on to further offending.
56 Your offences in relation to TH occurred when she was 15. Again, you were much older than her. She knew you because of her friendship with your daughter. You again engaged in sexual activity with her. Your action while she was on the bonnet of your car occurred in a public place. You then attempted to kiss her in a public place. Your offending was brazen and disgusting. You did not leave it at that, but went on to try and kiss her while you were in the shop.
57 JK, again, was a friend of your daughter. You behave indecently towards her while she was in a swimming pool when she was 15 to 16. Again, in a public place. You then offended against her when she was 17 and living in her home. You had accepted the responsibility of caring for JK and looking after her. Instead of that, you acted towards her in a sexual way. Your offending was a gross breach of your obligations and responsibilities towards her. You also supplied her with Valium tablets which you were clearly not supposed to. You were aggressive towards her. You continued to sexually assault JK. You took advantage of the situation that she was in your house and, to a certain extent, dependent upon you. You also took advantage of her intoxication on one occasion. Your behaviour was abusive, manipulative and disgusting.
58 At a similar period of time, you offended against HF and JT when they attended your house for a girls' party. You provided HF with alcohol and took advantage of her when she became intoxicated. You made a disgusting remark to her afterwards. Again, on other occasions, you indecently assaulted her by insisting that she engage in various activities with you. HF was 16 or 17. JT was at your home when you indecently assaulted her and made a disgusting remark to her. She was 17 years old.
59 It is my view that you knew what you were doing was wrong in the sense that you would get into trouble and that other people would consider that what you were doing was wrong. I draw that conclusion from what you told SC, TH and JK. It appears that you became emboldened and decided to take advantage of the situation of young women being in your home because of their friendship with your daughter.
60 I do not regard the offending in relation to TH, JK, HF and JT as being merely opportunistic. It is my view that you deliberately took advantage of a situation where young women would be coming to your house because of their friendship with your daughter. You deliberately engaged in activities with the girls and I have no doubt this was largely driven by your inappropriate sexual interest in them. You breached the trust of children visiting your home and who were friends of your daughter or step daughter.
61 That said, I do not regard your behaviour as amounting to what is described in some cases as grooming.
62 Your offending took place over a considerable period of time. You clearly knew that what you had done in relation to SC was wrong. You did not resist the temptation to engage in such behaviour again but, in fact, went to effort to get yourself in close proximity with these adolescent girls. You took advantage of their vulnerability and young age. On occasions, you took advantage of their intoxication.
63 The offending against RS is also extremely serious. Again you took advantage of a person who was vulnerable. You, at the time of the assault, were a voluntary patient. You knew that other patients were in the hospital because of problems that they had. Your behaviour was, on this occasion, opportunistic but it is deeply disturbing that you took the opportunity to act in a sexual way towards RS, given the situation that you were both in. You did this, even though you had been arrested and interviewed by police in relation to your offending against JK and HF.
64 I have taken into account in mitigation of sentence that you are 53 years old with no prior history of sexual offending. I have also taken into account that you pleaded guilty and made some admissions.
65 Your plea of guilty has had a utilitarian value in saving the time, expense and trauma of a trial. That value is somewhat reduced because two complainants were required to be cross-examined at the committal. I consider that your plea of guilty is an acceptance of your responsibility but not an expression of your remorse. I will come back to the question of remorse later.
66 I have considered your prospects for rehabilitation. I consider those prospects to be no higher than reasonable. I have come to this conclusion in particular because of your lack of remorse and lack of empathy for your victims. You have demonstrated a lack of insight into your offending and I particularly rely on certain matters set out in the medical reports.
67 Ms Pinto is a psychologist who saw you in 2011. She stopped seeing you on 25 August 2011. In her short report (Exhibit 2), Ms Pinto says you were referred to her as a result of self harming behaviour. You reported this as being due to your lowered mood state resulting from your legal situation and sense of loss. Ms Pinto says you continued to present with minimal insight into how you were in your situation and the behaviours that you had engaged in that had contributed to your situation. At the time she saw you, Ms Pinto assessed you as having no intent or plan to self harm. She did not consider you to be a risk to yourself. She did believe that you needed on-going psychological treatment in order to gain insight into your own actions and perceptions, particularly in relation to acceptable community-based behaviours and self reasoning. I note what Ms Pinto says about your risk of self harm at the time she saw you, which was after your discharge from the North Western Mental Health Services.
68 I note that Dr Ajith Weeramin, in his report (Exhibit 5), says that you had been admitted to that hospital in April 2011, following an overdose of medication. You said that this was with the intention of killing yourself as you felt ashamed and embarrassed. After your discharge, you were again treated on 10 April 2011, for self inflicted lacerations to your left wrist. This was said to be in the context of stressors resulting from the allegations of sexual misconduct. Dr Weeramin says that you had poor co-operation with your treatment but that your mental state improved rapidly during your hospital stay and you did not display persistent symptoms of depression.
69 In the light of what Ms Pinto says and then what Dr Grech says, I do not consider that those attempts at self harm, if they were attempts at self harm, are demonstrations of genuine remorse but rather as a result of your being detected in this offending.
70 Dr Grech sets out various matters in his report (Exhibit 3). He is a clinical psychologist who was treating you weekly from December 2011. Dr Grech says, and I quote:
"Mr Roma has been very defensive about the circumstances of the alleged offending, essentially denying or minimising his role or the intention behind any physical contact. He has essentially presented himself as the victim in each case."
71 Dr Grech says that there is no compelling evidence that you meet the criteria for any type of sexual disorder. Dr Grech says that he is not of the opinion that you targeted the young women because of their age, per se. He does say there is sufficient concern to justify a sustained psychological intervention in the context of the types of treatment which are offered by the sex offenders' program. Dr Grech considers that without such intervention, you are at least at moderate risk of re-offending. It is his view that you would be better dealt with in the community than in prison.
72 Dr Grech says that you have a history of anxiety and depression which predates the offending and for which you are being treated. He says your mental state improved with medication. Again, he says in relation to the offending, you are considered to be in denial and therefore at significant risk of re-offending if not in receipt of specialised treatment for sexual offending. Dr Grech considers you to be a good candidate to be assisted by psychological and medical interventions. He describes you as a conscientious patient. He considers individual therapy as likely to be of greater benefit than group therapy.
73 The matters that I have set out, in my view, demonstrate a lack of genuine remorse and a lack of insight into your offending. These matters impact adversely on your prospects of rehabilitation.
74 In relation to your prospects of re-offending, I accept that you were not going out into the world looking for victims but it is my view that you deliberately set about engaging in activities with the young women in order to prey on them in a sexual way. I consider that unless you change your thinking, there is a significant risk that you will engage in such behaviour again.
75 As I have said, I do consider that you have prospects for rehabilitation, but those prospects are no higher than reasonable. It would clearly assist your rehabilitation if you were able to receive some form of assistance, such as that offered by the sex offenders' program.
76 I have also taken into account in mitigation of sentence your psychological problems. I accept that those problems will make incarceration more burdensome for you. I have also taken into account t your physical problems in mitigation of sentence. I note what Mr Michel, a surgeon, says about the requirements for on-going medical appointments. Mr Michel says that you will require bi-monthly appointments for 12 months, and then three to six months reviews as follow up to your gastric sleeve procedure. He says that your eating patterns need to be monitored although you are able to tolerate most foods. Your physical situation will, in my view, make incarceration more difficult for you.
77 Mr Roma, your offending must be strongly denounced and justly punished. Others in the community must be deterred from giving way to their impulses and offending in this manner. I consider that specific deterrence also needs to be given weight in your sentence. Given your difficulties with insight, it is my view that you need to clearly understand that there will be severe consequences for you if you offend against anybody in a sexual way again. In my view, community protection ought also have weight in your sentence. An immediate term of imprisonment is the only sentence, in my view, which will achieve these sentencing purposes. Community protection is a concern but I do not intend to impose a disproportionate sentence for that purpose.
78 This is your first sentence of imprisonment. It is to be hoped that imprisonment and whatever programs are able to be implemented, together with supervision if you are released on parole, will be sufficient to protect the community from further offending by you.
79 You will be sentenced as a serious offender in relation to various offences.
80 I have considered again the principles of totality and proportionality. I do intend to make various aspects of sentence concurrent in application of the principles of totality and proportionality. In my view, limited cumulation is required to reflect the multiple offending against multiple victims. If the sentences were cumulated in their entirety, this would result in a disproportionate sentence and I do not propose to impose a disproportionate sentence.
81 I am setting a non-parole period, but in the circumstances, I do not propose to impose a non-parole period shorter than usual.
82 The sentence on Charge 12, indecent act with a child under 17, is to be the base sentence. On Charge 12, you are convicted and sentenced to 18 months' imprisonment; on Charge 1, indecent act with a child under 16, you are convicted and sentenced to ten months' imprisonment; on Charge 2, common law assault, you are convicted and sentenced to six months' imprisonment; on Charge 3, indecent act with a child under 16, you are convicted and sentenced to ten months' imprisonment; on Charge 4, indecent act with a child under 16, you are convicted and sentenced to eight months' imprisonment; on Charge 5, indecent assault, you are convicted and sentenced to nine months' imprisonment; on Charge 6, indecent assault, you are convicted and sentenced to 12 months' imprisonment; on Charge 7, indecent assault, you are convicted and sentenced to seven months' imprisonment; on Charge 8, supply a drug of dependence to a child, you are convicted and sentenced to three months' imprisonment; on Charge 9, common law assault, you are convicted and sentenced to three months' imprisonment; on Charge 10, indecent assault, you are convicted and sentenced to ten months' imprisonment; on Charge 11, indecent assault, you are convicted and sentenced to six months' imprisonment; on Charge 12, indecent act with a child under 17, you are convicted and sentenced to 18 months' imprisonment (and that is the base sentence); on Charge 13, indecent act with a child under 17, you are convicted and sentenced to six months' imprisonment; on Charge 14, indecent assault, you are convicted and sentenced to six months' imprisonment; on Charge 15, indecent assault, you are convicted and sentenced to four months' imprisonment.
83 I direct that ten months of the sentence imposed on Charge 3, nine months of the sentence imposed on Charge 5, three months of the sentence imposed on Charge 8, six months of the sentence imposed on Charge 11, six months of the sentence imposed on Charge 13, four months of the sentence imposed on Charge 15 be served concurrently upon each other and upon the sentence imposed on Charge 12.
84 I direct that five months of the sentence imposed on Charge 1, one month of the sentence imposed on Charge 2, two months of the sentence imposed on Charge 4, six months of the sentence imposed on Charge 6, two months of the sentence imposed on Charge 7, one month of the sentence imposed on Charge 9, two months of the sentence imposed on Charge 10 and three months of the sentence imposed on Charge 14 be served cumulatively upon each other and upon the sentence imposed on Charge 12.
85 The total effective sentence is three years and four months' imprisonment. I direct that the term to be served before you are eligible for release on parole is 27 months' imprisonment.
86 I further declare that you have been in custody in respect of these offences for 110 days, which is to be reckoned as a period of imprisonment already served under this sentence.
87 You are being sentenced as a serious sexual offender in respect of Charges 12, 4, 5, 6, 7, 10, 11, 13 and 14. Pursuant to the Sex Offenders' Registration Act 2004, the length of your reporting period is life.
88 Pursuant to s.6AAA of the Sentencing Act 1991, but for your plea of guilty, I would have sentenced you to a period of imprisonment of four years and nine months, with a non-parole period of three years and three months.
89 Mr Roma, if you could remain there, I will be asking my associate, together with your counsel, to come and ask you to sign a piece of paper which acknowledges receipt of the information about the Sex Offenders' Registration Act requirements. You are not signing that you agree with anything, you are just signing to say that you accept the paperwork.
90 I am also making the order, pursuant to s.464ZF of the Crimes Act 1958 for the taking of a forensic sample from you. I am making that order because of the seriousness of your offending, that the order is not opposed and that the granting of the order is in the public interest. I am required to tell you that you must cooperate with the authorities when they come to take a sample. They will generally do that by way of a saliva swab. If you do not cooperate with them, they are entitled to use reasonable force and to take a blood sample. I am sure that you will cooperate with them.
91 Mr Wilcox, would you mind approaching Mr Roma with my associate in getting that form signed?
92 MR WILLCOX: Certainly, Your Honour.
93 HER HONOUR: Thank you. Have each of counsel had an opportunity to have a look at the chart and the addition there? Clearly it should be 110 days pre-sentence detention. In relation to the orders in terms of the mathematics, does either of you see a problem with that?
94 MR WILLCOX: No, Your Honour.
95 HER HONOUR: Are there any other procedural matters which you consider that I need to address?
96 MR DOMANTAY: No, Your Honour.
97 HER HONOUR: So it is clear that the total effective sentence is 40 months with a non-parole period of 27 months is the effect of the sentence. Thank you, could the prisoner be taken down now please?
98 Thank you.
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