MP v The Queen

[2011] VSCA 78

SUPREME COURT OF VICTORIA

COURT OF APPEAL

MP	S APCR 2008 0899A
	Appellant
v
THE QUEEN	Respondent

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JUDGES	BUCHANAN, NEAVE and MANDIE JJA
WHERE HELD	MELBOURNE
DATE OF HEARING	28 February 2011
DATE OF JUDGMENT	4 April 2011
MEDIUM NEUTRAL CITATION	[2011] VSCA 78
JUDGMENT APPEALED FROM	The Queen v M P (Unreported Judge L Ross, County Court of Victoria at Ballarat, 30 October 2008)

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CRIMINAL LAW – Sentence – Incest and indecent act with a child – Serious sexual offender – Total effective sentence of 12 years’ imprisonment with a minimum term of nine years and six months’ imprisonment not manifestly excessive.

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Appearances:	Counsel	Solicitors
For the Appellant	Mr P F Tehan QC	Jeremy Harper & Associates
For the Respondent	Mr B L Sonnet	Mr C Hyland, Solicitor for Public Prosecutions

BUCHANAN JA:

1. The appellant was arraigned in the County Court and pleaded guilty to a presentment containing six counts of an indecent act with a child under the age of 16 years and eight counts of incest. 

1. A plea was conducted and the appellant was sentenced to be imprisoned to a term of six months on each of three counts of an indecent act with a child, nine months on each of two counts of an indecent act with a child, twelve months on one count of an indecent act with a child, four years on one count of incest, five years on one count of incest, six years on one count of incest, seven years on each of four counts of incest and eight years on one count of incest.  With a measure of cumulation, a total effective sentence of 12 years was produced.  The sentencing judge fixed a minimum term of nine years and six months’ imprisonment before the appellant was to be eligible for parole.

1. The appellant has been given leave to appeal against the sentence by a single judge of this Court.

1. The victims of the offences were a boy and a girl, the children of the appellant’s wife from an earlier relationship.  The offending against the boy was committed when the victim was between the ages of 12 and 16 years;  the offending against the girl occurred when the victim was aged about 11 years.

1. In March 2004 the appellant commenced a de facto relationship with the mother of the victims of the offences.  The appellant married the mother of the children on 10 July 2004.  Not long after the marriage, the Department of Human Services became aware of allegations that the appellant had sexually abused a nephew of his wife.  As a result, the Department required the appellant to move out of the house. 

1. In December 2004 the appellant was charged with offences against the nephew when the victim was aged nine years, which led to his conviction on three counts of an indecent act with a child under the age of 16 years.  On 28 February 2006, the appellant was sentenced by Judge Leckie to be imprisoned for…