Gibbling v Page

[2024] VMC 10

IN THE MAGISTRATES’ COURT OF VICTORIA
AT BALLARAT
CRIMINAL DIVISION

Case No. P11364837

SIMON GIBBLING	Informant
v
CAMERON PAGE	Accused

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MAGISTRATE:	BAILIN
WHERE HELD:	Ballarat
DATE OF HEARING:	8 July 2024
DATE OF DECISION:	15 July 2024
CASE MAY BE CITED AS:	Gibbling v Page
MEDIUM NEUTRAL CITATION:	[2024] VMC 10

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SENTENCE – Sexual assault – Impact of offending – Consideration of offender intellectual disability – Boulton v The Queen.

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APPEARANCES:	COUNSEL	SOLICITORS
For the Informant	Ms Christine Jeong	Office of Public Prosecutions
For the Accused	Mr J Dean	Emma Turnbull Lawyers

INTRODUCTION

1The offender in this matter is Cameron Page. He is now 27 years of age.  He has no prior criminal history of any kind, nor has he offended since.

2He has pleaded guilty to one rolled up charge of sexual assault involving 3 acts and a separate charge of sexual assault (each of which carry a maximum penalty of 10 years), noting that this court is limited to a maximum sentence of 5 years in relation to more than one offence.

OFFENDING

3The victim in this matter Ms Monique Dove[1] had come to know the offender Mr Page through a group of friends and prior to the incident had known him for some 2 months.

[1] A pseudonym

4On 1 Sep 2021 the accused rang the victim at about 4.30 in the afternoon and asked if she wanted to meet him to go for a drive and catch up. Ms Dove agreed, and they met at the Shell Service Station near the Base Hospital at around 5pm. The accused filled up with petrol and spoke to some other people whilst there that he knew before leaving driving his car with Ms Dove in the passenger seat. They arrived and parked at Lake Wendouree opposite the large children’s playground at about 5.30pm.

5They then talk for some 30 minutes. Then without warning Mr Page has leaned towards Ms Dove and placed his right hand on her breast over her clothing and started rubbing both of her breasts. (this is the first rolled up sexual assault act). Ms Dove immediately told Mr Page to stop and that she didn’t like him touching her. Mr Page’s reply was that “sharing’s caring” to which Ms Dove bravely replied, “not when it comes to my body, no”. Despite this, Mr Page continued rubbing Ms Dove breasts for around a minute.

6Ms Dove was then able to call her friend on Facetime. Ms Dove had a conversation with her, where she told her friend where she was and that she was with Mr Page. Mr Page then had a conversation with this friend where he told her he wouldn’t let anything bad happen to Ms Dove.

7Ms Dove and Mr Page then spoke for a short while before Mr Page for the second time touched Ms Dove’s breasts over her clothes with his right hand, again rubbing both of them (this being the second rolled up sexual assault act). Again, for the second time Ms Dove immediately told Mr Page to stop and he questioned with “are you sure?” to which Ms Dove replied “yes”. Despite this Mr Page kept rubbing both Ms Dove’s breasts over her clothes.

8After a period of time Ms Dove, now for the third time courageously said “Stop, I don’t want you to touch me, we’re here to have a conversation not for you to touch me”. Mr Page said, “I’m sorry” and then hugged Ms Dove for a few minutes. Ms Dove did not reciprocate the hug. As Mr Page let go of Ms Dove, he grabbed her jaw with his hand and kissed her on the lips. Ms Dove did not kiss him back, and he kissed her a second time. Mr Page then stopped and apologised now for the second time. Ms Dove told him she didn’t like it and that again she didn’t want him to touch her.

9Again, both of them spoke for a short period of time until now for the third time, Mr Page has touched both of Ms Dove breasts over her clothes with his hand. (this being the third rolled up sexual assault act). This went on for longer than five minutes during which time Ms Dove repeatedly told Mr Page to stop and that she didn’t like it, but he ignored her and continued rubbing both of her breasts. Mr Page eventually said to Ms Dove “Are you sure?” to which Ms Dove asked him to drop her off at Wendouree Plaza to which Mr Page replied angrily “yeah in a minute”.

10Mr Page then placed his right hand firmly on Ms Dove’s right leg and said, “I didn’t mean to get mad at you”, to which Ms Dove, now for at least the sixth time, told him “Stop touching me”. Mr Page then moved his right hand up Ms Dove leg and under her pants and underpants and touched her vagina with his hand. This being the second charge of sexual assault. Ms Dove has grabbed her bag and got out of the car saying for the seventh and final time “don’t ever touch me again”.

11Ten days later on 11 September 2021 Ms Dove got a SMS from a number she did not recognise stating their name was Cameron Page where in that text Mr Page stated “I’m so sorry for I did please don’t go to the cops cause if I get a criminal record I loose my job. And I don’t wan that I’ll do anything for u not to go to the cops so I don’t loose my job”.

12Mr Page attended the police station voluntarily one month later on 12 Oct 2021 where during the police interview, he:

(a)   Admitted being with Ms Dove on 1 September 2021 at the Lake

(b)   Stated they were ‘mucking around’ together and poking each other, further stating he though she was flirting with him

(c)   Admitted touching Ms Dove on both her breasts over clothing

(d)   Admitted touching her vagina under clothing

(e)   Admitted sending the SMS 10 days later

Case history

13Despite being interviewed and admitting the substance of the allegations by Ms Dove, for some inexplicable reason Mr Page was not charged by police until almost 1 year later on 19 June 2023, almost 2 years after the incident. The matter then proceeded fairly expeditiously in this court from first listing on 27 July 2023 to committal on 13 October 2023. It is common ground that the case Mr Page faced then is different from the one I am dealing with today. In any event on 20 March 2024 the County Court transferred the 2 charges before me back to this court for hearing on 30 April, being the date of plea hearing.

Victim Impact

14A powerful and articulate victim impact statement was read to the court by Ms Dove on 30 April.

15More than two and a half years after the offending, the sense of betrayal, hurt and disgust that Mr Page has caused by his actions, still persists.  She feels violated, angry, and frustrated that she was treated this way.  

16The aftereffects of the offending have permeated all aspects of her life.  Her sleep and sense of security and safety has been affected as has her confidence and motivation.  She suffered panic attacks, flashbacks, mental breakdowns and intense fear and distress when she saw Mr Page in the community after the offending.  She worried how she could move on and trust others in an intimate relationship.

17The offending has had a seismic effect on her life.  The damage done to her cannot be overstated. In Ms Dove’s case she was and is a proud mother to two children. One of the most galling aspects is that as she processed her trauma, she was having to demonstrate to Child Protection at the same time she was a protective parent, and that this life changing incident was not impacting her role as a single parent.  Her statement speaks of her pain, fear, frustration, but also her strength, her resilience, and her desire for a safer community. As she so eloquently put it, there is no timestamp on trauma. She will live with this long beyond whatever sentence Mr Page serves for his actions.  

18How it is that Mr Page came to violate someone he knew in this way is explained (but in no way excused) by a closer examination of his life and his presentation.

19I will deal with the entirety of the matters personal to him now, before I make observations and findings about the offending itself.

MATTERS PERSONAL TO THE ACCUSED

20Mr Page is now 27 and was born and raised in Ballarat.

Family background

21He was raised in a law-abiding, stable, and nurturing family as the middle child of three boys which included both parents. He still lives in the family home with both his parents and maintains strong and close relationships with his family. It appears from the material his mother has been a significant support for him especially in recent times acting as his effective carer.

Education and training

22He attended a local primary school and completed schooling including VCAL. He denied any issues at school either educationally or socially beyond noting he had learning disability which took him longer to process information. After leaving school he was unemployed for a period but socialised with friends before gaining employment with McCallum Disability Services where he has worked for the last 8 years building wooden pallets, a job he enjoys.

Relationships and children

23Mr Page has never been in a romantic relationship and is single and he reported limited sexual education at school. He otherwise appears to have a group of friends who engage in pro social community activities.

Drug Use

24Mr Page has never tried nor used any illicit drugs and has no issue with alcohol.

Mental health

25Mr Page was diagnosed with ADHD when he would have been about 6 or 7 and with an intellectual disability around the age of 10 or 11. He also suffers from spina bifida, being a defect in the development of his spinal cord. In 2019 at the age of around 21 or 22 he was also diagnosed with Aspergers Syndrome. He is currently engaged with a psychologist but not currently in receipt of any medication. As would be clear from what I have set out, Mr Page is in receipt of the NDIS since 2021 aimed at increasing his independent living and maintaining employment.

26Mr Page was assessed by Marlese Bovenkerk Forensic Psychologist for the purpose of this plea hearing. I will refer to her report throughout this sentence.

27In relation to the offending Ms Bovenkerk reported that Mr Page, consistent with his admissions to the police, admitted touching Ms Dove on the breasts and vagina, he could not recall her telling him to stop and his memory was she did not say very much. Again, he asserted there was communication prior to the offending which he interpreted as flirtatious and his belief (albeit apparently without any sound foundation) that Ms Dove was maybe interested in pursuing a relationship with him. When asked about the particularly galling comment ‘sharing’s caring’ he reported it was the first thing that popped into his head. When asked how Ms Dove would have felt he stated he was uncertain how she would have felt. When questioned around consent whilst he was able to articulate if they say no, you don’t do it he had no real appreciation for the age of consent.

28During Ms Bovenkerk’s assessment she conducted a number of tests set out in her report at paragraph 78 onwards. The results of which indicated it was more likely than not he was no longer suffering ADHD although there were concerns about how much of the test he could understand. A number of risk assessments were also conducted involving the specific risk Mr Page poses of further sexual offending. The results of those tests reveal that Mr Page is a moderate to low risk for sexual re-offending. Of note are the risk factors said to be connected to Mr Page’s offending as opined by Ms Bovenkerk, namely his interpersonal deficits (stemming from lack of intimate relationships and knowledge in this area), poor self-awareness, underlying mental health conditions and limited insight into his offending. The risk posed by Mr Page opined at para 113 is likely to be offending similar in nature of this matter, against a female known to him and who he is attempting to initiate a sexual/romantic connection with. Ms Bovenkerk opines this risk would be mitigated, that is, reduced, with consistent treatment designed at building awareness, understanding of his mental health and cognitive challenges, of which Mr Page has limited current understanding, as well and communication, and the formation of positive relationships and intimacy.

29It is useful at this stage to set out the effect of some of the labels ascribed to Mr Page and what impact they have on his day-to-day functioning. His intellectual disability (ID) is permanent, he will live with that and the effects for the rest of his life. It affects many parts of the brain we take for granted each day, such as problem-solving, planning, abstract thinking, judgment and learning from experience. These impairments result in an inability to meet normal everyday standards such as independence, communication, and social participation. Although I pause at this stage to highlight whilst there is a clear issue with Mr Page’s independence, he appears to maintain a healthy group of friends without any real trouble as reported to Ms Bovenkerk. It also affects his ability to manage self-control, can lead to impulsive behaviours and poor decision making. As for his diagnosis of Aspergers, that is a form of Autism. Autism, as Ms Bovenkerk opines results in lack of awareness, inflexible thinking, seeing the world from a self-centred perspective, poor insight, impulsivity, and difficulty to adapt to situations.

30Ms Bovenkerk further notes the presence in Mr Page of both an intellectual disability and the Autism Spectrum Disorder (ASD) would lead to a reduced ability to understand social norms, accurately interpret social-sexual cues, lack of responsiveness to body language and impair the ability to see or feel a situation from someone else’s position as well as impulsive behaviour and reduced ability to change or stop behaviour.

31I have set this out some detail as it goes some way to explaining offending that on the face of it is:

(a)   Selfish

(b)   Continues in the presence of demands to stop

(c)   Continues even after Mr Page apologises

(d)   Is punctuated by seemingly selfish, inappropriate and frankly childlike comments such as the ‘sharing’s caring’

32If it was not already abundantly clear, the effects of Mr Page’s intellectual disability combined with his Autism mean there is nothing more Ms Dove could have done. Indeed, she demonstrated a dignity and bravery that is an enduring credit to her.

Circumstances pertinent to the offending

33As I raised during the plea hearing, on the facts the offending is opportunistic, whilst they are isolated in a car, albeit during the late afternoon in a not overly secluded area. The offending is persistent despite repeated demands to stop by Ms Dove. It is protracted it occurs over half an hour with the last instance of touching on the breasts occurring for some five minutes. It escalates from touching over clothing to skin on skin contact on Ms Dove’s vagina in the face of protest.

MATTERS OF SENTENCING PRINCIPLE

34As I stated at the plea hearing, despite the initial submissions from the prosecution that this was lower end offending, in my view the offending in this case is objectively serious. Sexual assault carries a maximum penalty of 10 years, noting the jurisdictional limit in this court is 2yrs for any single offence and 5yrs whereas in this case there are 2 or more charges.

35The offence of sexual assault covers a very wide spectrum of different activities, committed in wildly different circumstances with varying degrees of seriousness.[2]  Determining where any case sits on that wide spectrum is ‘difficult’.[3]  

[2]The same came be said of offences of sexual assault.

[3]Clarke v The Queen [2022] VSCA 89, [28] (‘Clarke’).

36The violation involved in such offending is physical, emotional, and psychological.  In this case, the offending had and will continue to have, a profound and devastating impact on the victim.

37During the discussion at the plea hearing, it was conceded by all that these matters were not near the high or top end of the spectrum of offending, when regard is had to factors the higher courts ordinarily identify for such high-end cases, such as:

(a)   The offending did not involve weapons;[4]

(b)   The offending did not involve the use of violence (beyond that which is inherent in the second offence of sexual assault in getting under Ms Dove clothing and underwear

(c)   The offending did not involve threats or infliction of injury;[5] and

(d)   The offending was not committed together with,[6] or in the presence of,[7] other persons.[8]

[4]Frank at [58](j); Jurj v The Queen [2016] VSCA 57, [80] (‘Jurj’).

[5]Ibid. Compare with DPP v Dat [2020] VCC 344 (‘Dat’).

[6]Compare with Frank, [41], [43], [51](d).

[7]Compare with Dat, [13], [28] (where offender committed violent rape against his wife in the presence of his children).

[8]See Jurj at [80]. Also, compare with Frank [41], [43], [51](d).

38I have not engaged in the exercise of ascribing labels such as ‘high, moderate or low’.  The vagueness and terminology and the limits of language make that exercise rather futile.  Other than agreeing with Mr Dean’s submission that this offending is not near or at the top of the spectrum, it is obviously serious enough and I have treated it accordingly.

Current sentencing practices

39While each case must, of course, be assessed on its own facts and circumstances, other sentencing cases may be of assistance in guiding the Court where such cases bear similar features or where such cases deal with relevant sentencing provisions.

40I invited submissions and any relevant authorities to guide the sentencing in this case and there were no comparative cases provided by either the prosecution or defence.

41That may very well be as a result of the fact that sexual assault is an offence largely dealt with by this court, which does not publish written judgements and where that offence has been before a higher court it is often accompanied by other serious sexual and violence offences that make comparisons difficult.

Pleas of guilty

42The matter resolved following a committal hearing where Ms Dove was cross-examined but prior to trial. Thus, the pleas of guilty have been of substantial utilitarian value, in that they have facilitated the course of justice by expediting the conclusion of these proceedings and by avoiding the need for any witnesses to give evidence again at a more lengthy trial.[9]

[9]Phillips v The Queen [2012] VSCA 140; Cameron v The Queen (2002) 209 CLR 339 at [11] and [65]–[66].

43There is a real human saving in cases of this kind, where victims are not required to relive their abuse, especially for the second time before a jury made up of the local community.

44Mr Page’s plea of guilty also demonstrates an acceptance of responsibility and remorse, which means there is some prospect for his rehabilitation. I note this is not a case where genuine remorse was present nor sought to be relied on and its perhaps evident why not given the ID and ASD experienced by Mr Page.

Delay

45A delay of some years has passed between the offending and the conclusion of the matter.

46In the intervening period, Mr Page has had these proceedings hanging over his head. Importantly, during the period of delay, he has not committed any further offending. Indeed, I also take this opportunity to recognise Ms Dove has been subjected to the same situation of this matter remaining an unresolved cause of significant stress in her life for the entire period.

47In this case the delay was not of Mr Page’s making. He attended the police some 5-6 weeks after the offending and made admissions. The delay is as I have said inexplicable. During that time Mr Page has continued to live with his parents and work without further incident.

Synthesis of sentencing objectives, considerations

48Given the objective gravity of the offending in this case, it is clear that denunciation (that is calling out Mr Page’s conduct), general deterrence (deterring the community) and just punishment are important sentencing considerations.[10]

[10]Frank, at [73] (Emerton JA).

49The mitigating matters I have set out, together with the application of the principles of parsimony and totality, operate to moderate sentence I impose. Furthermore, this is a case where I am persuaded that Verdin’s applies to an extent. It was submitted without complaint by the prosecution that as a result of Mr Page’s ID and ASD and their connection to the offending as set out in the unchallenged expert report of Ms Bovenkerk that Mr Page’s:

(a)   Moral culpability is reduced, that is how morally responsible he is for his actions versus someone without his ID and ASD. I accept in this case especially for the rolled up first charge of sexual assault this limb is engaged given the findings I have made although in my view its weight diminishes with each further act and as it applies to the second charge. The effect of this is I am required to place less weight on just punishment and using Mr Page as a vehicle to send a strong message to the community this ought not be tolerated – given with his cognitive and mental health challenges he does not reflect the community at large;

(b)   That as a result of this it influences the types of sentences that could be imposed which in this case is really a choice between immediate gaol or a community correction order;

(c)   That it reduces the weight I should place on deterring Mr Page, given his cognitive and psychological makeup his ability to understand deterrence and change behaviour in response to a one-off punishment is lessened, as Ms Bovenkerk opined what is required is lengthy treatment;

(d)   And that as a result of his conditions it increases the hardship he would experience in gaol. I accept he would be vulnerable in custody and it would impact his mental health above and beyond the way gaol would to anyone in the community.

50Given a Community Correction Order (CCO) was open, I had Mr Page assessed and given his intellectual disability further adjourned sentencing to allow a Justice Plan to be prepared. The outcome of those assessments was as follows:

(a)   In regard to the Justice Plan, Mr Page was found to have an intellectual disability within the meaning of the Disability Act 2006 in that he has significant sub-average general intellectual functioning and significant deficits in adaptive behaviour. The report recommends Mr Page engages with a Disability Justice Coordinator to support his treatment and compliance with any order in the hope to reduce re-offending. This treatment will be monitored by the Department of Families, Fairness and Housing (DFFH) and will include participation in an Assessment of Sexual Knowledge and/or engagement with a Behaviour Support Practitioner. I note Mr Page provided his consent and willingness to work with these services and was cooperative throughout the assessments.

(b)   The Mental Health Advice and Response Service report indicates at the time of assessment he was mentally stable and supported in the community. It noted his strong protective factors being his employment and family support as well as NDIS supports in place. The report identified the cognitive limitations of Mr Page are manifest in his difficulty in understanding the seriousness of the offence albeit he partially acknowledges his wrongdoing despite limited recollection of the events;

(c)   As for the CCO assessment itself, Mr Page was found suitable for a CCO albeit only with supervision and a justice plan recommended. When I queried Community Corrections why community work had not been recommended it was submitted this is CCS position as it allows an offender to focus on the support offered by Disability Justice. All parties agreed I am in no way constrained by the absence of that recommendation especially given the need to place appropriate weight on punishment as a sentencing principle.

51Notwithstanding this denunciation of Mr Page’s conduct, just punishment remains an important sentencing consideration, as is general deterrence. As I have said, sexual assault is an inherently serious offence. It is an act of violence, whether or not accompanied by other violent conduct. The community expects that the courts will clearly denounce and punish conduct of this kind and send a clear message that it will not be tolerated.

52In my view, however, for the reasons I have tried to set out Mr Page’s rehabilitation also is an important sentencing consideration. Mr Page is relatively youthful and, more significantly, young developmentally. He lacks maturity, experience, judgement, insight, and the ability to navigate the world fully. Whatever sentence I impose he will return to the community while still a relatively youthful man. While it is fundamental that women are able to go about their lives without fear of being assaulted, and used as an object for gratification by men such as Mr Page, it is in the interests of the community at large, and women in particular, that Mr Page exist in the community having not only learned from the consequences of his terrible conduct and taken responsibility for it, but primed to develop mature and respectful relationships with others. He will encounter other women and situations not dissimilar from this one. How those women will be best protected remains important.

53Whilst the shock of going to gaol might meet the desire for him to be strongly punished and suffer for the suffering he has caused; it is hardly an environment that encourages the kind of growth that the Mr Page needs. He is not going to learn respect for women in prison. To the contrary, it is a brutal, unforgiving, all-male environment that fosters aggressive and at times toxic male pride and, implicitly, the view of women as sexual objects. As Ms Bovenkerk’s report makes clear Mr Page is not a leader. He takes his cues from others. In prison, he would remain exposed to the misogynistic attitudes of those who he will be around.

54Mr Page’s prospects of rehabilitation are enhanced by his strong family support, the prospect of potential continued employment although that may be at risk with the sentence I impose, and his otherwise prosocial friends and activities. Should Mr Page be gaoled there is in my view a much greater chance these protective factors will fall away, and his prospects of rehabilitation will diminish.

55That is not to say that Mr Page should not be severely sanctioned for his repulsive conduct. 

56Having regard to Mr Page’s prospects, the absence of any prior or subsequent offending, and the risk assessment, I can in my view decrease the weight to be given to specific deterrence and be reasonably confident I can fashion a sentence that seeks to protect the community as well as punish him and hold him accountable both for his actions and his treatment. As the High Court made clear in in Hogan v Hinch,[11] ‘Rehabilitation, if it can be achieved, is likely to be the most durable guarantor of community protection and is clearly in the public interest’.[12]  

[11](2011) 243 CLR 506.

[12]Ibid [32].

57I have also finally had regard to the Court of Appeal case of Boulton which amongst many other things considered whether a Community Correction Order would be appropriate for serious offences. That case was important as CCOs are the last sentence where someone remains in the community before immediate gaol, given Parliament abolished suspended terms of imprisonment. It is an onerous order that whilst it allows someone to remain in the community it restricts their liberty and governs what they must do under the threat of potentially being imprisoned if they contravene the order. As the Supreme Court set out in Boulton at para 131:

It follows from what we have said that a CCO may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment (such as, for example, aggravated burglary, intentionally causing serious injury, some forms of sexual offences involving minors, some kinds of rape and some categories of homicide). The sentencing judge may find that, in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly conditioned CCO of lengthy duration is capable of satisfying the requirements of proportionality, parsimony and just punishment, while affording the best prospects for rehabilitation.[13]

[13] [2014] VSCA 342 at 131.

58Why that is relevant and why Mr Dean drew the court’s attention to it is that the Attorney-General for the State of Victoria appeared in that case. The Attorney-General as a representative of Parliament and the community did not say the Court were wrong in considering a CCO could be imposed for sexual offences, even those involving offences against children or rape. Indeed, one if the main concerns raised by the Attorney-General was that such an order may not be appropriate for matters involving death such as manslaughter or culpable driving.

59This is important as the court only has the sentencing options available to it gifted it by Parliament. Parliament decides what are appropriate sentencing options, and the courts then impose them in accordance with law.

60This is a case where I have given much anxious consideration as to whether I would imprison Mr Page. Whether for all the reasons I have set out it, the law requires it. What I have sought to demonstrate is that a careful analysis of the sentencing principles and law lead me to the conclusion that this serious offending is able to be dealt with by a lengthy and onerous CCO. That such an order, rather than being a slap on the wrist, will punish Mr Page in ways that tries to treat what is at the heart of the offending, being his cognitive and mental health issues, rather than any sexual deviancy. There is no evidence before me he falls into the category of a sexual predator with high risk of sexual re-offending. As I have said the unchallenged expert evidence is to the contrary, he is a low to moderate risk and the offending is linked to his unique conditions rather than any strongly held belief woman are objects.

61None of this changes what was done to Ms Dove or will repair the ripple effect of damage throughout her life. Indeed, no sentence I impose can achieve that. What I am required to do is protect the community through rehabilitation, punishment, and accountability.

SENTENCE

62Mr Page if you could stand up.

63On both charges you are convicted and sentenced to a 4-year Community Correction Order. The terms of that order are that:

(a)   You will be under the supervision of Corrections for 4 years

(b)   You will undergo assessment and treatment as directed for

(i)Mental health

(ii)Offending behaviour programs – I am not specifically referring you to the sex offender program for the very reasons I have set out, in my view you are not an appropriate candidate for such program because of the drivers of your offending and your cognitive profile and as with gaol I hold concerns about the effect of those you would be exposed to as a result of engagement.

(c)   You will be subject to a Justice Plan in relation to your intellectual disability for targeted treatment

(d)   You will complete 250 hours of Unpaid Community Work over that period, and I will allow you to credit 100 hours by doing rehabilitation.

(e)   I am also placing you on Judicial Monitoring to ensure you prioritise and comply with this order, otherwise I will invite corrections to breach you and you will then face a term of imprisonment being the only sentence left. Your first date for monitoring will be 10 September 2024.

64You must report to Ballarat Community Corrections within 2 days of the making of this order.

65Do you understand the terms of the CCO?

66OFFENDER: Yes

67Do you agree to the CCO?

68OFFENDER: Yes

69Do you understand what happens if you don’t follow the CCO, you risk gaol?

70OFFENDER: Yes

71I make clear but for your plea of guilty, had you pleaded not guilty and Ms Dove would have had to be called to give evidence again and if you had been found guilty at the end of that contest, I would have sentenced you to a total effective sentence of 2yrs and 6mths with a non-parole period of 15mths, such is the substantial discount for your early plea of guilty.

72Mr Page you have committed offences which are subject to the discretionary provisions of the Sex Offenders Registration Act under s.11.  The prosecution did not make any application for registration under that Act, and as such I have no power to make any order under that regime. I also make clear for all the reasons I have set out it would be inappropriate for you to be subject to the provisions of that Act given your limited ability to understand those obligations, and to comply with it especially with the oversight that is now in place.

73I again recognise Ms Dove’s bravery, dignity, and resilience throughout the process and during the course of this matter.

74Adjourn the court.