R v Amarasinghe
[2022] VCC 200
•2 March 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-01966
| THE QUEEN |
| v |
| RANPATI DEWAGE SHAVINDU NIMANTHANA AMARASINGHE |
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JUDGE: | His Honour Judge Trapnell | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 January 2022 | |
DATE OF SENTENCE: | 2 March 2022 | |
CASE MAY BE CITED AS: | R v Amarasinghe | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 200 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing
Catchwords: Use a carriage service to cause child pornography material to be transmitted to self – Use a carriage service to transmit child pornography material – Use a carriage service to publish child pornography material – Use a carriage service to cause child abuse material to be transmitted to self – Use a carriage service to transmit child abuse material – Aggravated offence involving private sexual material - using a carriage service to menace – Aggravated offence involving private sexual material - using a carriage service to cause offence – Possess or control child abuse material obtained or accessed using a carriage service – Offending conduct objectively very serious – Social media used in offending – False identities used in offending – No substance abuse history – Verdins not engaged – Voluntary participation in sex-offender treatment program – Plea at earliest forensically reasonable opportunity – Utilitarian benefit of plea during COVID-19 pandemic – Offender slowly gaining insight into seriousness of offending – Remorse – No prior criminal history – Youthful offender – Delay – Deportation likely following release from custody
Legislation Cited: Crimes Act 1914 (Cth) – Criminal Code (Cth)
Cases Cited:Rodriguez v DPP (Cth) (2013) 40 VR 436
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the CDPP | Ms K Breckweg Mr I Buckley | Mr S Bruckard, Commonwealth Solicitor of Public Prosecutions |
| For the Accused | Mr P F Bloemen | Pica Criminal Lawyers |
HIS HONOUR:
1Ranpati Dewage Shavindu Nimanthana Amarasinghe, you have pleaded guilty to a Commonwealth indictment containing three charges of use a carriage service to cause child pornography material to be transmitted to self (Charges 1-3),[1] eight charges of use a carriage service to transmit child pornography material (Charges 4-11),[2] one charge of use a carriage service to publish child pornography material (Charge 12),[3] two charges of use a carriage service to cause child abuse material to be transmitted to self (Charges 13 and 22),[4] eight charges of use a carriage service to transmit child abuse material (Charges 14-21),[5] one charge of aggravated offence involving private sexual material – using a carriage service to menace (Charge 23),[6] one charge of aggravated offence involving private sexual material – using a carriage service to cause offence (Charge 24),[7] and one charge of possess or control child abuse material obtained or accessed using a carriage service (Charge 25).[8]
[1] Contrary to the Criminal Code (Cth) (‘the Criminal Code’) s 474.19(1).
[2] Contrary to the Criminal Code s 474.19(1).
[3] Contrary to the Criminal Code s 474.19(1).
[4] Contrary to the Criminal Code s 474.22(1).
[5] Contrary to the Criminal Code s 474.22(1).
[6] Contrary to the Criminal Code s 474.17A(1).
[7] Contrary to the Criminal Code s 474.17A(1).
[8] Contrary to the Criminal Code s 474.22A(1).
2The maximum penalties for use a carriage service to cause child pornography material to be transmitted to self, use a carriage service to transmit child pornography material, use a carriage service to publish child pornography material, use a carriage service to cause child abuse material to be transmitted to self, use a carriage service to transmit child abuse material, and possess or control child abuse material obtained or accessed using a carriage service are each 15 years’ imprisonment.
3The maximum penalties for an aggravated offence involving private sexual material – using a carriage service to menace, and for an aggravated offence involving private sexual material – using a carriage service to cause offence, are each five years’ imprisonment.
The Facts
4The Commonwealth Director of Public Prosecutions (CDPP) tendered a Prosecution Opening Upon Plea dated 17 January 2022,[9] which your counsel told me I can treat as a statement of agreed facts.
[9] Exhibit (‘Ex’) P1.
Overview of Offending
5You were born on 4 April 1997 and are presently 24 years old. You were aged between 21 and 23 years during the period of your offending.
6In April 2020, the Australian Federal Police (AFP) Victorian Joint Anti-Child Exploitation Team (JACET) commenced an investigation after receiving referrals from the United States of America (USA) and the United Kingdom (UK). Each referral was in relation to separate female victims under the age of 16, who had engaged with you online.
7Your offending occurred between 1 November 2018 and 11 June 2020 ( a period of some 19 months) and involved you using various social media platforms, including Kik, Instagram, Omegle, Chat For Strangers and Snapchat with the usernames I will refer to as ‘JL’, ‘JH’, ‘EL’ and ‘SL’.
8Kik is an instant messaging mobile application used to send and receive messages, photos and videos. Kik is known for its features preserving users’ anonymity, such as allowing users to register without providing a telephone number.
9Snapchat is a mobile application which allows users to share photos, videos, and chats. ‘Snaps’ are photos or videos taken using the Snapchat application’s camera on an individual’s mobile device, and may be shared directly with the users friends, or in an integrated chat portal within the application. Snapchat’s servers are designed to automatically delete a Snap after it has been viewed by all intended recipients, therefore making the media viewable only once, unless recorded using third party recording software.
10During the period of your offending, you encouraged your victims to send images and videos of themselves naked and performing sex acts via these social media platforms. The images and videos are classified as child abuse material. During the period of offending, you told the victims to send further child abuse material with the threat that you would disseminate their other images and videos to friends and family if they did not comply. You followed through with these threats, transmitting child abuse material to the friends and family of the victims that did not comply.
11On 11 June 2020, you were arrested and charged. On this day, you were found in possession of child abuse material.
Charge 1: Use a carriage service to cause child pornography material to be transmitted to self
12On 20 November 2020, one of your victims, whom I will refer to as ‘ZZ’, participated in a child forensic interview and statement in the USA. ZZ gave a statement that:
(a) When she was 13 years of age, she met a person on Snapchat who called himself ‘John’. You are this person.
(b) She told you that she was 13 and you said you were 15 years of age.
(c) Her Snapchat account showed her real name.
(d) You found her Instagram account after she tried to block you and you told her that if she did not send you sexual videos then you would tell all of her friends she was a ‘whore’.
(e) ZZ felt like she had to do what you said so she sent you the videos that you demanded.
(f) You directed her to send videos of herself exposing her breasts, masturbating, and inserting objects into her vagina.
(g) You told her she had to have her face viewable in all of the videos.
(h) You wanted to know what sort of sex toys she had.
(i) After she sent these videos, she realised she had only made the situation worse as you kept demanding more videos and threatening her by saying, ‘If you don’t do it, I will send these pictures to your friends’.
(j) She told her friend, AP, about the situation she was in. AP tried to help ZZ by telling you online she would send you nude images of herself instead of ZZ.
(k) AP was also 13 years of age at the time.
(l) You did not cease you threats against ZZ and instead you requested images and videos from both victims.
Charge 2: Use a carriage service to cause child pornography material to be transmitted to self
13On 26 May 2020, one of your victims, whom I will refer to as ‘LB’, participated in a Video Audio Recording of Evidence (VARE), and gave evidence that:
(a) She started talking to you on Snapchat. You sent nudes and asked for some to be sent back, which she did.
(b) She felt wrong about this, so she deleted and blocked you on Snapchat. A couple of days later, you sent her a message via Instagram. You threatened her and asked her to send you additional videos and images. If she refused, you said you would send what you had to all her followers on social media.
(c) As a result of these threats, LB did what you asked. This continued for a while, until she had just turned 12 years of age.
(d) A month or so after the last message and when the child abuse material had been sent, you contacted her because you thought she had blocked you. You threatened her, calling her a ‘bitch’ and asked for two more videos. She said she could not send any more videos because her phone had been taken away. You said you did not care. LB then told her mother.
(e) You told her to film herself taking her clothes off, touching her chest and ‘private area’.
(f) If the video wasn’t long enough, or she did not properly do what you had demanded, you would make her re-do the video.
14LB’s mother provided police with screenshots of some of the conversations between LB and you, in which you said things like:
(a) You sent LB multiple images and videos of child abuse material of herself via Instagram. Included with this were messages like, ‘Get ready to be ruined’, ‘Wanna see ur nudes?!’ and, ‘Want me to send these vids to ur friends or no?!’.
(b) ‘This will be over after just 2 vids so ur choice’.
(c) When LB pleaded with you to stop you said, ‘Send me then I will’.
(d) ‘I told you I’ll be gone and everything will be gone after you do what I want’, to which LB replied, ‘U said that before’.
(e) ‘I am ruining your life and you don’t give a shit. You are a fucking whore’.
(f) ‘So you are not gonna do what I want?! – I need an answer quickly’.
15LB was 11 years old when you caused the child abuse material to be transmitted.
Charge 3: Use a carriage service to cause child pornography material to be transmitted to self
16On 6 November 2019, one of your victims, whom I will refer to as ‘BW’, participated in a VARE and gave evidence that in November 2018, when she was 13 years old, she began talking to ‘John’ (which was you) on Snapchat.
(a) She told you she was 13 or 14 years old.
(b) You asked her to send naked images and videos of herself to which she complied.
(c) When she declined to send more, you threatened her. You said you would send her images to her family and friends if she did not send more videos.
(d) You sent her screenshots of you preparing to send images to her friends and family.
(e) As a result of the threats, she felt she needed to appease your demands and complied, sending more explicit videos.
(f) Because she did not respond quickly enough to your demands, you sent her images and videos to her friends.
17You sent messages to the social media contacts of BW stating, ‘Tell her that this is just the start.’
18BW was 13 to 14 years old when the material was transmitted.
Charge 4: Use a carriage service to transmit child pornography material
19As a result of a search warrant that was executed on Instagram for an account I will refer to as ‘SL’, it was identified that you sent three videos of ZZ to another Instagram user using the Instagram chat function. The conversations between you and the other Instagram user are summarised as follows.
20On 6 December 2018, the following conversation occurred between you and an account I will refer to as ‘HE’:
SL: Video sent – Video depicts a screen recording of Snapchat from a mobile phone. A snap from ‘ZZ’ is opened to show ZZ kneeling on a bed wearing a large white T-shirt. ZZ lifts up shirt to expose her vagina and breasts. ZZ touches both of her breasts and leans her hips forward to focus on her vagina.
Also viewable are previously opened snaps from users ‘AP’ and ‘LB’.
Video sent – *Duplicate of above video*
Did you get it
HE: Yea
SL: Do you know any other guys I should send too
Shall I send to all of ur followers
HE:Nah none of my followers know them
SL:Oh okay but send them to people who know them
HE:Ight, but chill out of my followers because I got coaches and recruiters and other players in there and I’m not trying to be connected to this
SL:Okay cool
Don’t worry
I want proof that you are sending them to people they know
Give me there boyfriends names and stuff
HE:I’m pretty sure his name is AA
Idk the other one
SL:his insta
HE:ion got it
SL:Do you have it
HE:No
Ion really have that many [school name] guys on snap
SL:Send me
HE:I got seniors snaps and people who graduated the wouldn’t care at all
SL:Oh okay
Are they from ur school AP and ZZ
HE:No
I live near them
SL:Okay
HE:I go to a boarding school
But if you got more send em my way bruh bruh
SL:I will
Video sent – Video depicts a screen recording of Snapchat from a mobile phone. A snap from ZZ is opened to show ZZ sitting with a blanket around her waist. ZZ is looking at the camera and lifts up her black singlet to expose both of her breasts.
HE:Why you trying to come at their neck tjo
SL:Cuz they are sending nudes to other people when they already have bfs bro
I don’t like that
You know what we call them
Whores
Whores deserve to be exposed
Right?!
HE:I mean you did ask for them, and black mailed the other. If they wanna hoe around let them. As long as you ain’t dating them don’t get tight if it bothers you that much just stay away, spreading this shit is really serious and you can get fucked over like out in jail. Just forget about them. They are in fucking 8th grade, they are goin to break up with the bf sooner or lter. Just stay away from this shit and is it bother you ignore it, you kind of did ask for it
SL:Lol dude you think I’m gonna stop this
Unidentified emoji’s sent
Well thanks for the help buddy
Anyways see ya
HE:Fr tho like you need to chill, they don’t know what they are doing, and you could ruin the rest of their life if you spread this shit. You can get in serious trouble too. Like I have close friends doing years for this shit, steer away from it bruh bruh. Don’t get involved with the bad shit cause you gonna get fought sooner or later
SL:It’s okay man but thanks
Unidentified emoji’s sent
HE:How old are you bud
Fr
Answer me ik you see I texted you
Fr man answer me we still having this convo
21The contents of this online conversation are chilling. It serves to demonstrate the depths you were prepared to plumb in your cruel, perverted and, quite frankly, inhuman mission to completely destroy your victim’s lives. You conduct is truly appalling and constitutes very grave offending.
Charge 5: Use a carriage service to transmit child pornography material
22You transmitted multiple videos of LB to an Instagram account I will call ‘AJ’. The receiver was a social media contact of LB.
23The material transmitted comprised:
(a) A video, in which the icon image of the video depicts LB fully naked, sitting down with her legs opened whilst touching her vagina and breasts.
(b) A partial image of LB touching her vagina.
(c) A video icon image of LB depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
(d) A known child pornography file of LB, in which the icon image depicts her head.
Charge 6: Use a carriage service to transmit child pornography material
24You transmitted child abuse material involving LB to an Instagram account I will call ‘KR’. The receiver was a social media contact of LB.
25The material is described as a video, in the icon image of which LB is depicted fully naked, sitting down with her legs spread open while touching her vagina and breasts.
Charge 7: Use a carriage service to transmit child pornography material
26You transmitted two child abuse material videos of LB to an Instagram account I will call ‘DM’. The receiver was a social media contact of LB.
27The material transmitted comprised:
(a) A video icon image of LB, in which she is depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
(b) A video icon image of known child pornography of LB in which her head and shoulders are depicted.
Charge 8: Use a carriage service to transmit child pornography material
28You transmitted child abuse material of LB to an Instagram account I will call ‘TK’. The receiver was a social media contact of LB.
29The material transmitted comprised:
(a) A video icon image of LB, in which she is depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
(b) A video icon image of known child abuse material of LB in which there is partial imagery of her head and face.
Charge 9: Use a carriage service to transmit child pornography material
30You transmitted child abuse material of LB to an Instagram account I will call ‘CT’. The receiver was a social media contact of LB.
31The material transmitted comprised:
(a) A video icon image of LB, in which she is depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
(b) A video icon image of known child abuse material of LB in which there is partial imagery of her head, face, shoulder, and upper chest, the latter being unclothed.
Charge 10: Use a carriage service to transmit child pornography material
32You transmitted child abuse material of LB to an Instagram account I will call ‘BT’. The receiver was a social media contact of LB.
33The material transmitted comprised:
(a) A video icon image of known child abuse material of LB, in which there is partial imagery of her touching her vagina.
(b) A video icon image of LB, who is depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
Charge 11: Use a carriage service to transmit child pornography material
34You transmitted child abuse material of LB to an Instagram account I will call ‘CC’. The receiver was a social media contact of LB.
35The material transmitted comprised:
(a) A video icon image of known child abuse material of LB, in which she is depicted in a seated position and wearing only a bra. She has her legs open and is touching her vagina.
(b) A video icon image of known child abuse material of LB, in which there is partial imagery of her head, face and shoulder.
Charge 12: Use a carriage service to publish child pornography material
36On 28 March 2019, you uploaded a child abuse material video of LB to an adult pornography website. You used your user profile with a username I will refer to as ‘JL’. In the title of the child abuse material video you added LB’s full name and the words ‘hot teen’, and also included her Snapchat and Instagram details.
37You sent LB screenshots of the child abuse material uploading to the site, with the message, ‘You are going to be on porn’. The video was successfully uploaded.
38The evidence further demonstrates in recent videos on this website, connected with your profile, there was an icon of a female with her breasts exposed. The video was titled with LB’s full name.
Charge 13: Use a carriage service to cause child abuse material to be transmitted to self
39On 7 December 2020, one of your victims, whom I will refer to as ‘MR’, participated in a child forensic interview and statement in the USA. During the statement, MR stated:
(a) She was 17 years of age.
(b) Last year she met a person called ‘John’ on WhatsApp when she was bored and feeling sad. You are this person.
(c) You asked for some photos of her which she sent, and you told her she was ‘cute’.
(d) You sent some pictures of yourself and she noticed you were an adult.
(e) She gave you her Snapchat details and you both began communicating and sharing photos across that application.
(f) You started to threaten her by saying that you would tell her boyfriend that you and she were talking. You also said that you would send the photos you had saved of her.
(g) You directed her to take specific photos and videos while exposing her face, breasts and vagina.
(h) You sent messages such as, ‘Now I’m going to send them to your boyfriend if you don’t send me more’, ‘I’m not feeling very nice today so you’re going to send me nude body pics or I’m going to send these to your boyfriend and he’ll break up with you’, ‘Hey. I’m in the mood again. You’re going to send me more or I’ll send these to your boyfriend’ and, ’You will give me what I want or I will tell your boyfriend.’
(i) You said you would send her nude photos to 10 of her Instagram followers a day until you got what you wanted.
(j) You found her Instagram account and began to threaten her there as well. You wrote to her on Instagram, ‘Hey. You remember me right? You’re going to do this or I will send it to your entire school.’
(k) She tried to get you to stop threatening her and even sent the details of a Visa gift card to try and pay you to stop.
(l) Some of her friends told her you had contacted them and said you had pictures of her.
(m) Her mother found one of the photos she had sent to you but she said she could not go to the police or she could go to jail for sending child pornography.
(n) She first started talking to you in September 2019 and last communicated with you in March 2020.
40Search warrant results for the relevant Instagram account revealed it was registered to you on 23 August 2018.
41On 7 December 2020, MR participated in a VARE and gave evidence as follows:
(a) Sometime in 2019, she was speaking to a guy (which was you) on WhatsApp. You told her she was cute and so she gave you her Snapchat account name.
(b) You asked her for pictures and promised you wouldn’t show anybody. You initially asked for a picture of her face and said if she did not comply, you would tell her boyfriend you were talking together online. You found her boyfriend on social media and asked for more pictures, threatening to message her boyfriend.
(c) MR sent a picture to you of herself with no clothes on.
(d) You requested videos of MR massaging her breasts and inserting her fingers into her vagina. MR complied.
(e) She said you became ‘creepy and weird’.
42On 15 January 2020, you sent MR a message which said, ‘Bitch you think I still don’t have ur stuff, I have ur whole fucking vids’.
43At the time of your offending, MR was aged 15 to 16 years.
44The material which you caused to be transmitted was child abuse material.
45In her VARE, MR described the material as including naked images and videos of herself.
Charge 14: Use a carriage service to transmit child abuse material
46KR gave evidence in a VARE as follows:
(a) On Snapchat, she received a request from someone called ‘John’ and on Instagram she was also contacted by you.
(b) On 8 February 2020, she received a message on Snapchat from you. You asked whether she knew BW. You sent KR a video of BW.
(c) KR described the video as depicting BW without any clothing.
(d) On 24 October 2019, KR checked the Instagram account of her younger brother, LR, because of concerns he had received nude images and videos of BW. LR is 12 years old.
(e) When KR logged into her brother’s Instagram account, she saw an unread message from you. When she opened the conversation, she saw a message which said, ‘Do you know BW?’ followed by a naked image icon of BW. The image had an icon indicating what had been transmitted was a video file.
(f) KR deleted the video and blocked the sender.
Charge 15: Use a carriage service to transmit child abuse material
47At 3:25 am on 31 October 2019, you sent a message via Instagram to an unknown and unidentified Instagram user. The message said, ‘Is she one of ur close friends’ shortly after a video was sent with the message ‘Tel her that this is just the start’.
48The video transmitted is described as a video icon image of known child abuse material of BW, who is depicted seated on an office chair fully naked with her legs spread open whilst masturbating and touching her breasts.
Charge 16: Use a carriage service to transmit child abuse material
49At 5:22 am on 31 October 2019, you sent a message via Instagram to BW’s cousin, whom I will call ‘KM’. The message said, ‘Hey do you know BW?!’, followed by child abuse material videos of BW.
50The first video transmitted is described as depicting BW seated on an office chair fully naked with her legs spread open whilst masturbating and touching her breasts.
51In the second video, BW is described as being fully naked showing her buttocks to the camera and then kneeling on an office chair while touching her breasts.
Charge 17: Use a carriage service to transmit child abuse material
52At 3:51 am on 31 October 2019, you sent a video to BW’s Instagram contact whom I will call ‘KY’. The evidence does not disclose the identity of this person.
53The video is described as depicting BW kneeling on the floor fully naked, while sucking two fingers.
Charge 18: Use a carriage service to transmit child abuse material
54On 2 December 2019, you sent ‘AB’ a message via Instagram, asking whether he knew BW. AB said he did, to which you replied, ‘Let me know if you want more’, ‘Are [you] close friends with her?!’. This was followed by a video described as depicting BW seated on an office chair fully naked with her legs spread open whilst masturbating and touching her breasts.
55BW identified AB as a boy aged about was 15 years who goes to her school.
Charge 19: Use a carriage service to transmit child abuse material
56On 2 December 2019, you sent ‘IR’ a message via Instagram. The message included a video of BW and messages which said, ‘I’m John she knows me, do you know her’ and ‘Good tell her I’m sending nudes to people she knows’. The video is described as depicting BW fully naked showing her buttocks to the camera and then kneeling on an office chair while touching her breasts.
57BW identified IR as a friend of a friend, noting he is probably about 16 years’ old.
Charge 20: Use a carriage service to transmit child abuse material
58On 2 December 2019, you contacted ‘AH’ via Instagram. AH told you BW was his former girlfriend and asked how you got nude images of her and how would he know you were not lying. You responded by transmitting a child abuse material video of BW. The video is described as depicting BW seated on an office chair fully naked with her legs spread open whilst masturbating and touching her breasts.
59BW identified AH as her former boyfriend, who is 15 years old.
Charge 21: Use a carriage service to transmit child abuse material
60On 24 November 2019, you sent ‘JG’ a message which showed BW’s full name followed by a video. The video transmitted is described as depicting BW kneeling on the floor fully naked while sucking on two fingers.
61BW was unable to identify JG, however the person was one of her social media contacts.
Charge 22: Use a carriage service to cause child abuse material to be transmitted to self
62On 22 September 2020, one of your victims, whom I shall refer to as ‘MS’, participated in a VARE and gave evidence that:
(a) In December 2019, MS met ‘John’ on an app called Omegle. She obtained this person’s Snapchat account name and added him to her list of social contacts. You are this person.
(b) You said you were 19 years old and from Ohio.
(c) You requested nudes and videos. She refused at first but then you talked her into it.
(d) She sent a few pictures and videos, and you sent some images and videos back.
(e) You requested her Instagram details and subsequently followed her on Instagram.
(f) You texted her all the videos she sent you and a screen recording of her followers on Instagram. MS removed you after this.
(g) You told her you would send her videos to all her friends. You also said you would delete everything if she sent one more.
(h) You kept threatening her.
63The conversations between MS and you are summarised as follows. In February 2020:
(a) You asked to see a picture of MS and sent the message, ‘Please show me those hot tits’.
(b) You sent images of a naked male to MS.
(c) You asked MS to strip and perform various sex acts and transmit them to you live using her mobile phone. You required her to show her facing during this activity. You gave her lurid sexualised instructions while she complied with your demands. You asked MS if she could turn you on, and you engaged in a highly sexualised conversation, while instructing her what to do.
(d) You told MS that you were 18 and from the US.
(e) MS told you she was still in high school.
(f) You asked MS for her Instagram details.
64The conversation between the two of you continued with you making additional threatening demands for child abuse material. For example:
(a) You demanded ‘2 or 3 hot vids’, otherwise you threatened to send the child abuse material involving MS to ‘every single friend of urs’ (on Instagram).
(b) When MS asked for more time to send the child abuse material you replied, ‘How long, That's it. I'm gonna send all of them you are fucked’.
(c) MS eventually agreed to send more child abuse material but told you she would send the child abuse material only as long as you didn’t show it to everyone.
(d) You said you wanted her to send a one and a half minute long video with her performing various sex acts and showing her face.
(e) You told MS you would post her child abuse material if you did not get one video of what you asked for.
(f) When MS didn't send the additional requested videos immediately, you said ‘I'm gonna send all of them. You are fucked’.
65Between February 2020 and March 2020, MS sent child abuse material of herself to you. During the period of offending, you sent MS the images and videos she had initially sent to you, threatening to transmit them to others if she did not send you more child abuse material.
Charge 23: Aggravated offence involving private sexual material – use a carriage service to menace
66This charge relates to you obtaining images of one of your victim’s breasts, whom I will refer to as ‘SW’, and a video of SW naked on the floor of her bedroom with her breasts and vagina exposed. You sent nude images of SW back to her threatening to distribute them further if she did not do what you said.
67SW began talking to you in March 2020. You requested her Snapchat details, and she provided them.
68You requested a photo of SW. SW initially sent a photo of her face. You responded with an image of a topless male. SW then replied with an image exposing one of her breasts. She sent the photo via Snapchat, allowing it to be viewed for five seconds before it would be deleted.
69SW deleted you, though you eventually re-added her.
70You sent SW her nude image and told her, ‘You have 24 hours to send me three videos doing what I say or I will release this photo to all of you followers’.
71SW eventually complied, as she was concerned you would send her image to colleagues and friends. She did what you asked, namely, sent a video which was approximately 10 seconds long, of her naked on the floor of her bedroom with her breasts and vagina exposed. You told her the video was not good enough and you asked for another video showing herself and told her she had to ‘play with herself’.
72On 17 March 2020, you sent SW nude images of herself with the messages, ‘This is just the fucking start,’ and, ‘I told you I would ruin if you don’t do what I want I swore to God’ and ‘If you want me to unsend reply’.
Charge 24: Aggravated offence involving private sexual material – use a carriage service to cause offence
73You used a carriage service to intentionally transmit the following:
(a) A video comprising private sexual material of SW to a social media user I will call ‘MM’.
(b) A video comprising private sexual material of SW to a social media user I will call ‘IJ’.
(c) A video comprising private sexual material of SW to a social media user I will call ‘EM’ with the message ‘Heyy, Do you know SW’.
(d) A video comprising private sexual material of SW to a social media user I will call ‘BS’ with the message ‘Heyy, Do you know SW’.
(e) A video comprising private sexual material of SW to a social media user I will call ‘GG’ with the message ‘Hey do you know SW’.
Charge 25: Possess child abuse material
74On 11 June 2020, a search warrant was executed at your residence. Police seized your Apple iPhone and a Toshiba hard drive. Following an analysis of the devices, you were found to have possessed child abuse material.
75Since the plea hearing, as a result of my enquiry, the CDPP has advised my Chambers that all images on the iPhone, except one, relate to the identified victims of the other charges. That image is of a naked toddler which has an adult penis ‘photoshopped’ on him. All of the images on the Toshiba hard drive, except one, relate to the identified victims of the other charges. The one image is of a pre-pubescent girl standing in front of a camera, which may have been ‘screenshotted’ from a video.
Arrest and Interview
76You completed a Consent to Assume Online Identity and provided the account names and passwords for your Snapchat, Instagram, Facebook, Kik, Chat for Strangers and Hangouts accounts and two Gmail accounts you used. At the time of seizure, the Snapchat application was logged in under the username you used when committing some of these offences.
77Police found a number of relevant installed applications downloaded to your seized iPhone, including video recording and editing tools.
78On 11 September 2020, Police attended your residence and arrested you. You were taken to the AFP Melbourne Office where you were interviewed. You made a number of admissions.
Victim Impact
79Three victim impact statements were tendered; one by LB,[10] another by MB,[11] the father of LB and a third by LS,[12] the mother of BW. Your counsel did not object to the victim impact statements being tendered and did not object to their contents. All three statements were read aloud in Court by counsel for the Commonwealth Director.
[10] Ex P2.
[11] Ex P4.
[12] Ex P3.
80ZZ, MR, SW and MS did not file victim impact statements. Nonetheless, where no victim impact statement is relied upon, a sentencer may draw reasonable inferences from the known circumstances regarding the likely impact of an offence upon any victim and their immediate family.[13] Moreover, the law presumes harm to child victims in circumstances such as the present, and consent, or ostensible consent, of a child to such conduct with an adult is not a mitigating factor.[14]
[13] See R v Miller [1995] 2 VR 348, 354 (Southwell, Ormiston and McDonald JJ); R v Lomax [1998] 1 VR 551, 559–560 (Ormiston JA, Winneke P and Hedigan AJA agreeing); R v Rankin [2001] VSCA 158 [10] (Winneke P, Vincent JA and O’Bryan AJA agreeing); MA v The Queen [2012] VSCA 214 [83] (Neave JA, Bongiorno JA and Whelan AJA agreeing).
[14] See Clarkson v The Queen (2011) 32 VR 361.
81It is clear your offences have had a devastating effect on each of your victims. The victim impact statements were brave, eloquent and moving. They describe the insidious nature of the offences you have committed, and the profound and long- lasting effects they have on the primary victims, as well as their family and friends. This case is simply another example of the extreme trauma suffered by the victims of child exploitation offences.
82On behalf of the Victorian community, I denounce your conduct and I will take into account the contents of each of these statements in sentencing you on the relevant offences.
LB
83In LB’s victim impact statement, she says she was about 10 years old when the two of you started messaging online. Her brother had passed away about year earlier and LB searched for comfort with anyone she could, even strangers.
84She felt she had no choice but to send you the child pornography material you asked for. She blocked you right afterwards because it did not feel right to her.
85You continued to harass her, creating multiple new social media accounts and threatening to share the material with others if she did not send you more. This continued until she finally built up the courage to tell her mother. Even after her family contacted the police, you continued to harass and threaten her, and you shared the child pornography material on a pornography website.
86Because of your offending, LB has difficulty sleeping and she often has nightmares that you are abusing her again. Being at her family home and school bring flashbacks because that is where you made her take the photos and videos. She feels unsafe around men and feels like she is constantly being judged.
87You have damaged her ability to socialise and be outgoing. Her depression is severe and she went through a period of self-harm and suicidal ideation. She is quick to anger and experiences mood swings. She says she is glad she told someone what you were doing to her so that you would not do the same to other little girls.
MB
88MB is the father of LB and wrote his victim impact statement on behalf of the family. He says his daughter now suffers from severe insomnia which in turn makes it hard for her to do well at school. But he has observed she ‘pushes forward and is determined to get her life back.’
89He says she suffers from anxiety and panic attacks and self-harms. He feels helpless. He said he will never forget when his wife sent you a message asking you to stop because you had made their daughter suicidal. You replied that you were not going to stop and you hoped she died by suicide. Your offending has been devastating to their family and caused much suffering. They hope this does not happen to another child.
LS
90LS is the mother of BS. In her victim impact statement, LS says that because of your offending, BS is detached, confused and angry. BS finds it difficult to trust anyone, even her own family. Some days, she does not leave her room or speak to anyone. She finds it hard to sleep and often cries herself to sleep.
91Sometimes BS is extremely angry and often lashes out physically and verbally. She has tried to run away from home several times and has said she wants to end her life because she cannot see how she would ever be happy again. She has self-harmed, which has left her with permanent scarring. She also has difficulties with food, at times refusing to eat and at other times binge eating.
92BS’s education suffered and this has had a flow-on effect on her future career path now she has finished school.
93LS says that BS finds it difficult to maintain friendships and relationships. She finds it hard to trust others in romantic relationships. Her friends find it hard to understand her emotional outbreaks. BS feels people are always judging her appearance.
94The most damaged relationship has been with her father. She used to be very close with her father. Because of your offending, they now cannot talk or spend time together unless someone else is present. They frequently fight.
95BS has difficulties with male authority figures such has her father, teachers and employers. She has found it difficult to stay in a permanent job because of how she reacts to being told to do something by older males.
96LS says the impact on her family has been ‘catastrophic’. LS and her husband are plagued by guilt. She says the feeling of being unable to take away her daughter’s pain is ‘horrendous’.
Offence Seriousness
97I agree with the prosecution’s submissions that your offending conduct is objectively very serious for the following reasons:
a) You fall to be sentenced for 25 discrete offences.
b) The overall offending involved five distinct and separate offence types, namely transmitting, publishing, and possessing child abuse/child pornography material, using a carriage service to menace and cause offence by transmitting private sexual material and causing child pornography material to be transmitted to yourself.
c) There are six female victims of the overall offending, five of whom were children.
d) The offending was not isolated. You engaged in generally consistent offending between 1 November 2018 and 11 June 2020, more than a nineteen-month period.
e) You used four false identities to conceal your identity when communicating with victims, including using two female usernames. You also lowered your age, used fake profile photographs, and altered your geographical location on occasion to facilitate communication with victims.
f) Most of the child pornography/abuse charges carry a maximum penalty of 15 years imprisonment which provides an unequivocal indication that this type of offending is viewed by Parliament as being very serious. The exceptions are charges 23 and 24 which carry maximum penalties of five years’ imprisonment.
g) Charges 1, 2, 3, 13, 14, 22, 23 and 24 are ‘rolled-up’ charges reflecting many instances of offending each capable of constituting separate offences. Accordingly, the criminality involved in each of these charges is greater than with a charge involving only one episode of criminal conduct.[15]
h) Cyberspace is a place where adults can intrude upon the activities of children and young people, deceive them as to their identity and intentions, and inveigle them into engaging in sexual behaviour beyond their maturity. The medium of the internet also permits offenders to employ techniques of intimidation or coercion designed to ensure the child’s participation.
i) It is not relevant that a child may be seeking to explore their sexuality or enjoys the attention of the offender via the internet. This is no reason to relax any protection for children in that sphere.
j) Children cannot meaningfully consent to sexual activity, are vulnerable to predatory advances due to their immaturity, and require protection from being sexualised at an age where they are ill equipped to protect themselves or respond either appropriately or in their own interest. Similarly, children are unable to deal with or make decisions around attempts by adults to foster a sexual relationship with them and their youthfulness may mean they are unaware of what is occurring.
[15] See eg R v Richard [2011] NSWSC 866, at [65(f)]; R v De Leeuw [2015] NSWCCA 183.
98Your offending was protracted, planned, organised, prolific and involved threats.
99So far as cause child pornography or child abuse material to be transmitted to yourself offences are concerned (Charges 1 to 3 and 13 and 22), significant factors are as follows:
a) You caused five separate female children to send you images and videos of themselves naked and/or performing sexual acts which constituted child pornography or child abuse material.
b) You directed the girls as to what specific sexualised activities you wanted in the material which included the girls exposing their breasts, masturbating, and inserting objects or fingers in their vaginas.
c) The female victims were aged between 11 and 16 years of age at the time of the offending.
d) You were aged 21 to 23 at the time of the offending. The age difference between you and the victims is significant in terms of the disparity in maturity levels and the corresponding power imbalance between you and the victims.
e) That power imbalance is evident in the frequent and consistent threats you made to each of the girls. The threats included that you would tell their friends they were ‘whores’ or that you would disseminate the child pornography material they had sent you to their family, boyfriend and/or on-line friends if they did not comply with your demands for more material.
f) Your communications with MS were highly sexualised and included graphic language describing sexual acts you would like to perform with her.
g) The victim impact statement provided by LB demonstrates the very serious harm you have caused her. In the absence of a victim impact statement by other victims, it is presumed that child victims of cybersex offending suffer harm, which can include future harm and long term physical and psychological harm.
100So far as the cause child pornography or child abuse material to be transmitted to others offences are concerned (Charges 4 to 11 and 14 to 21), significant factors are as follows:
a) You transmitted child pornography material to 17 different individuals.
b) The material transmitted featured the child victims LB and BW demonstrating you had followed through with your threat to send material you had obtained to the friends of LB and BW when they refused to send you anymore self-produced child exploitation material.
c) Seven people were sent child pornography/abuse material which you had obtained from the child victim LB. All the recipients were social media contacts of LB.
d) Approximately 15 videos and 2 images classified as child pornography or child abuse material featuring LB were sent to the recipients.
e) Nine people were sent child pornography/abuse material which you had obtained from the child victim BW.
f) The recipients of the material included an unidentified Instagram user, BW’s cousin, three of her social media contacts, her 15 year-old ex-boyfriend, and a male school friend aged 15. Additionally, you sent a video depicting BW naked to a friend of hers, KR, and to the KR’s 12 year-old brother.
g) Eight videos were sent in total to the recipients, with the videos including BW naked or masturbating and touching her breasts.
h) By transmitting child pornography/abuse material to others, you played an active, and not simply a passive, role in the child pornography market. Conduct such as that involving the transmission and access of child pornography material creates a market for the continued corruption and exploitation of children as children continue to be abused and degraded to supply the market. Whilst you did not profit from your offending, nor was there evidence that you were paid for the material, this does not mitigate the offending, as:
Wide-scale distribution, even without financial profit, is intrinsically more harmful than a transaction limited to two or three individuals, both by reference to the potential use of the images by active paedophiles, and by reference to the shame and degradation to the original victims.[16]
[16] R v Oliver [2003] 1 Cr App R 28 as applied in Minehan v The Queen (2010) 201 A Crim R 243 [at 258].
101So far as the publish child pornography material offence (Charge 12) is concerned, significant factors are as follows:
a) You successfully uploaded a child abuse video of LB to an adult pornography website, using your profile and username attached to that website. In the title of the CAM video, you added LB’s full name, the words ‘hot teen’ and her Snapchat and Instagram details.
b) You then sent LB screenshots of the CAM uploading to the site, with the message, ‘You are going to be on porn’.
102In my opinion, this is a particularly cruel example of your offending conduct and demonstrates the depths of depravity into which you had fallen. The impact of this obscene conduct on your young innocent victim is beyond imagining.
103So far as the possess child abuse material offence is concerned (Charge 25), significant factors are as follows:
a) You were in possession of 51 child abuse images and three videos, the vast majority of which overlap with other charges on the indictment.[17]
b) The material was possessed on two electronic devices, namely a Toshiba Hard Drive and an Apple iPhone.
c) Most of the material was classified as category 2 child abuse material according to the Interpol classification scale.
d) The lower classification level, should not, however operate to minimise the offending as the ‘moral depravity and wickedness of images’ classified in the lower level of objective depravity seriously detracts from any submission that the gravity of offending is less serious because most are in lower levels.[18] As the court stated in Heathcote (a pseudonym),[19] not all low-level images can be said to be innocuous and this level encompasses a wide range of activity including, as was the case here, closeup images of children exposing their genitals, engaging in masturbation and naked children being presented ‘as female bodily parts’.
e) Irrespective of the lower classification of material, the existence of the material contributes to the exploitation of children.
[17] See Ex P6.
[18] Heathcote (a pseudonym) [at 24,25]. See also CDPP v De Leeuw [2015] NSWCCA 183 at [140].
[19] [2014] VSCA 35 [at 45]; CDPP v Zarb [2014] VSCA 347 at [30].
104So far as the aggravated offences of using a carriage service to harass or menace involving private sexual material are concerned (Charges 23 and 24), significant factors are as follows:
a) Charge 23 involved you menacing a female, SW, by sending pornographic material you had received from her back to her and threatening to further distribute the material if she did not do what you demanded. The material featured a photograph of SW’s breasts and a video of her naked on the floor of her bedroom with her breasts and vagina exposed.
b) You sent a message to SW, ‘You have 24 hours to send me three videos doing what I say, or I will release this photo to all of you followers’.
c) SW complied with your demand as she was concerned you would send her image to colleagues and friends and, consequently, she sent a video approximately 10 seconds long of her naked on the floor with her breasts and vagina exposed.
d) You then told SW that the video was not good enough, and requested she send another video and she had to ‘play with herself’.
e) You subsequently sent nude images of SW to her and a further threatening message that read, ‘This is just the fucking start’ and ‘I told you I would ruin if you don’t do what I want I swore to God’ and ‘If you want me to unsend reply’.
f) Charge 24 involved you harassing five individual social media users by sending them a video comprising private sexual material of SW. On three of the transmission occasions, you added the message ‘Heyy, Do you know [SW]’ to the message.
g) The two charges carry a not insignificant maximum penalty of five years’ imprisonment.
105Considered overall, your offending conduct is grave and calls for condign punishment. During this nearly 20-month period you cowardly threated your victims callously, brutally and cruelly. Your depravity knew no bounds. It was bad enough forcing these young innocent girls to sexually compromise themselves in this way, but to threaten them in the way you did and to carry through with the threats was nothing short of brutal. You presented one face to the real word as a reasonable person, while hiding behind a cloak of anonymity while acting as a sexual predator online. Moreover, by objectifying these girls you dehumanised them and, in the process, you lost your own humanity. Your conduct needs to be denounced in the most unequivocal manner.
Personal Circumstances
106You were assessed on 8 December 2021 by Dr Mathew Barth, a psychologist engaged by your legal representatives. He prepared a psychological report, dated 15 December 2021, which was tendered at the plea by your counsel.[20]
[20] Ex D3.
Personal History
107You were born and raised in Kandy, Sri Lanka. You came to Australia in November 2018 to study. You are a non-citizen and not a permanent resident of Australia. You are here pursuant to a Bridging Visa A, which effectively allows you to remain in this country for the time being. You have an application for a student visa pending, which was lodged on 27 August 2020 and is yet to be determined. In all likelihood, your conviction for the present offending will have an adverse impact on that application.
108You are the youngest of three children. You told Dr Barth your childhood was marred by your father’s mental health issues and behavioural problems. Your father suffered from depression, abused alcohol heavily and was verbally abusive. You described feeling very anxious as a child and recalled witnessing your father shouting at your mother every day. On one occasion, when you were 11 years old, you witnessed your father physically assaulting your mother. This exacerbated your anxiety.
109Your father also experienced significant financial issues when the profitability of his furniture business began to decline. Your father continued to abuse alcohol heavily. Your father’s physical health has declined significantly owing to his many years of alcohol abuse. Two medical records pertaining to your father’s health were tendered by your Counsel.[21] Among other conditions, he suffers from blindness resulting from glaucoma, bi-polar affective disorder, type 2 diabetes and chronic liver disease. He is bedbound.
[21] Ex D5.
110You described a very close relationship with your mother. You told Dr Barth she has been an integral source of emotional support for you. You also have positive relationships with your older brothers.
111You have remained in regular contact with your family since you arrived in Australia. You told Dr Barth that despite their shock at the nature of your offending behaviour, they are fully supportive of you. Your brothers, Chalinda and Anjula, attended your plea hearing via Webex. Anjula fulfilled a father role during your childhood owing to your father’s absence. Your friends Tishan Dassanayake, Tashila Dodanwala, Ramesh Gunasekara, and Binuj Ubeyarathne also attended via Webex.
Educational and Employment History
112You completed your schooling in Sri Lanka. You attended Trinity College, an independent private school for boys, which is located in Kandy. When assessed by Dr Barth, you denied any issues attaining basic literacy or numeracy skills and noted that you were a relatively bright student. You told Dr Barth that you did not suffer from any major social or behavioural problems.
113You played school cricket at a high level, playing teams from all over Sri Lanka. Your school work suffered as a result of your prioritising cricket over study. Your secondary school results were insufficient for you to gain entry into a university.
114You completed a Diploma of Business Management at the Australian College of Business and Technology (ACBT) which is located in Kandy. You subsequently came to Melbourne to further your study opportunities and ‘to be more independent’.
115You lived in shared accommodation in the south-eastern suburbs of Melbourne with several friends who had also migrated to Australia.
116You have previously worked at a pizza restaurant and for UberEATS. You began working at Woolworths in December 2019. At the time you were assessed by Dr Barth, you were working there five days a week as a manager in the fresh convenience and bakery sections.
117You completed a Bachelor of Financial Planning, majoring in accounting and financial planning, at Deakin University and graduated in July 2021. You told Dr Barth you enjoyed the financial planning component, but you remain unclear as to your ultimate career trajectory.
118Since arriving in Australia, you have played cricket professionally for the Hastings Cricket Club for two years. You are an ‘all-rounder’ and ‘off-spin’ bowler. Lahiru Kumara, one of your referees, speaks highly of your cricket leadership and your ability to be assertive in this area of your life.[22]
[22] Ex D6.
Relationships and Sexual History
119You described a commonplace sexual development to Dr Barth. You had not experienced sexual abuse and had never been the subject of unwanted sexual advances or coercion. You reported no experiences of sexual dysfunction. Your sexual orientation is heterosexual.
120You noted that you have always been very shy, awkward and self-conscious with woman. The topic of intimate relationships was not actively discussed in the family home and you were only provided with very rudimentary psychoeducation regarding sexual relationships during school. Compounding matters, you reported you had very minimal contact with girls, particularly owing to attending an all-boys school and having two older brothers. Despite deeply desiring an intimate relationship, you have been very reluctant and anxious about approaching women.
121Your sexual experience with others has been very limited. You told Dr Barth you met a young woman when you were 19 years old. The two of you dated for approximately three months. You recalled that the two of you met on a number of occasions where you engaged sexual activity short of penile-vaginal intercourse. The relationship did not progress and the woman started dating another man. You stated you were disappointed when this occurred.
122Since then, you have avoided intimate relationships and feel you lack the skills to develop such a connection. You have never lived with a romantic partner. Since arriving in Australia in 2018, your only sexual contact with another person has been when you went to brothels. You told Dr Barth you used the services of sex workers on four or five occasions. You said you did not enjoy these experiences and stopped going.
Online Sexual Behaviour
123You told Dr Barth your main sexual outlet has been internet-based pornography. You started watching pornography when you were about 11 years old. You accessed this material by using your older brother’s computer. Your father caught you watching the pornography and berated you. This caused you intense shame and you stopped viewing pornography for several years. You resumed viewing internet-based pornography during your mid-to-late teens. You said you view mainstream erotic material approximately once a week. Your use of pornography increased after you arrived in Australia, which you attributed to increasing feelings of loneliness and frustration. Your pornography use increased to approximately three times a week and you started viewing sexual material of females who were aged in their late teens. You explained you had a particular preference for females engaging in masturbation.
124Your online sexual behaviour evolved significantly when you began to use social media applications and online chat sites for sexual purposes. You said you chatted with a large number of women and enjoyed the boost this provided to your self-esteem. You reported you had encouraged the individuals you communicated with to engage in a range of sexual activities on web-cam and you also did the same. Through this activity, you were able to develop a virtual ‘connection’ with others without having to face the anxieties such communication would invoke in the real world. However, even in this context, you struggled to maintain a significant level of connection. You recalled, ‘they would always block me’ which made you feel rejected and frustrated.
125You admitted to Dr Barth the ages of the females you were communicating with became progressively younger. It was within this context that your offending occurred. You began using false identities and exchanging sexualised images and videos with underage girls. You recalled you would direct the underage victims to engage in various sexual behaviour. When this also ultimately failed and the victims refused your requests, you acknowledged you made various threats to ensure their compliance with your demands.
126You told Dr Barth you now felt deeply ashamed for your behaviour and understood that the assumptions which underpinned it were fundamentally flawed. You told Dr Barth you have ceased using social media and have significantly reduced the frequency of your pornography use. You expressed a commitment to avoid reoffending.
Substance Abuse History
127You told Dr Barth you were a moderate social drinker during your late teens and early twenties. You would consume approximately three or four drinks at social events. You reported you currently consume a mild amount of alcohol ‘twice a month with friends’.
128You said that you have never used any illicit substances. You were clear to Dr Barth that no form of substance misuse was involved in your offending.
Mental Health History
129You told Dr Barth you developed issues with your self-esteem during childhood. You attributed this to your emotionally disconnected relationship with your father and ‘not feeling good enough’. However, you said this did not culminate in any significant periods of mood disturbance.
130You have experienced difficulties with your emotional wellbeing during your late teens and twenties. This has largely involved feelings of loneliness and frustration owing to your intimacy-related issues and difficulties establishing connections with woman. You described suffering from feelings of inadequacy, dysphoria and anxiety. You reported your intimacy-related issues have intensified since moving to Australia where you have had to adjust to different social norms.
131Notwithstanding these feelings, you denied experiencing suicidal ideation. You have not consulted any mental health professionals and have never been prescribed any psychotropic medication.
132You told Dr Barth you experienced an intense emotional reaction after being charged with these offences. It exacerbated feelings of inadequacy and you have suffered periods of anxiety and depression when you reflect on the significance of your offending. You reported experiencing fleeting suicidal ideation in the immediate aftermath of being arrested, although you denied attempting any acts of self-harm.
133You began treatment with Mr Geoffrey Burrows, a provisional psychologist supervised by Dr Barth, in July 2020. Part of your treatment with Mr Burrows has been supportive counselling designed to address your distress. Your treatment remains ongoing. You have found the sessions with Mr Burrows very beneficial. Despite this intervention, your moods continued to fluctuate in the lead-up to your plea hearing.
134When you were evaluated by Dr Barth, he was of the opinion that the most salient features of your mental status were significant depressive and anxiety-related symptoms. Your mood was relatively dysphoric and you described feelings of sadness and guilt. You had been ruminating about these charges, which has contributed to ongoing anxiety and apprehension. You also stated you have withdrawn socially.
135Dr Barth diagnosed you with an adjustment disorder with mixed anxiety and depressed mood using DSM-5[23] criteria. Your thought processes are free from disorder. You have never been psychotic. Dr Barth was of the opinion that while your views on ethical matters remain immature and egocentric, your ability to understand the wrongfulness of your actions has never been impaired. He estimated you to be of normal intelligence.
[23] Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.
136Dr Barth advised your self-esteem remains poor and you suffer an abiding sense of inadequacy when it comes to sexual intimacy. Moreover, you lack even a basic understanding of how to initiate a healthy intimate relationship with a woman. You have become increasingly disillusioned and frustrated with your inability to establish the intimate connections you so desperately crave. In his opinion, you have resorted to the internet as a primary means for intimate connection. The constrained environment of the internet has allowed you to interact with others without becoming anxious or overwhelmed.
137Dr Bath opines, when you began contact with underage females, their youth and naivety posed even less challenge to your fragile self-esteem. This in turn facilitated your exploration of deviant fantasy material with them which became more intense over time. However, when your victims refused your demands to send you further sexual material, this strengthened the sense of rejection you feared most and intensified your underlying sense of inadequacy and inferiority. You ultimately engaged in threating and manipulative behaviour to regain a sense of control over the situation and also as means of exacting retribution against the victims.
138You have participated in structured offence-specific treatment with Mr Burrows. Through this treatment, you have commenced the process of gaining insight into your offending conduct, enhanced your victim empathy and developed a solid relapse prevention plan.
139Notwithstanding this, when considering the entrenched nature of your problems, Dr Barth advised you will continue to require specialist sex offender treatment if you are to effectively complete your rehabilitation.
140A comprehensive risk assessment performed by Dr Barth utilising the Static-99R and the RSVP indicated you have a ‘Moderate-High risk of sexual recidivism’ for online offending only. However, with the completion of a sex-offender treatment program and considering your positive progress thus far, Dr Barth was of the opinion this risk is likely to reduce.
141Finally, Dr Bath noted you are likely to be an especially vulnerable prisoner, particularly when considering your significant immaturity and your limited coping skills. Dr Bath continued: ‘His naivety and poor social skills are also likely to cause ongoing problems adjusting to the custodial setting. It would be prudent for appropriate supports to be put in place to prevent any significant deterioration in Mr Amarasinghe’s moods.’
142Your counsel accepted Verdins principles 1 to 4[24] are not engaged in your case and I am satisfied they are not.
[24] See R v Verdins (2007) 16 VR 269, 276 [32] (Maxwell P, Buchanan and Vincent JJA) (‘Verdins’) as explained in Brown v The Queen (2020) 62 VR 491 (Maxwell P, Niall, T Forrest, Emerton and Osborn JJA).
143Despite your counsel’s reliance on Verdins principle 5,[25] in my opinion Dr Bath’s opinion regarding the likelihood of you being an ‘especially vulnerable prisoner’ because of ‘your significant immaturity and your limited coping skills’ and/or your ‘naivety and poor social skills’ is referrable to your character traits rather than any underlying mental illness or personality disorder from which you suffer.
[25] Verdins 276 [32(5)].
144Accordingly, in my opinion, this factor is insufficient to engage Verdins principle 5 in your case. Moreover, the fact you may experience ‘ongoing problems adjusting to the custodial setting’ does not mean the existence of any condition you have ‘could mean that a given sentence would weigh more heavily on you than a person of normal health.’[26] Nonetheless, these characteristics are aspects of your personality, which is relevant to your personal circumstances.
[26] Verdins 276 [32(5)] (emphasis added).
145So far as Verdins principle 6 is concerned, Dr Bath opined: ‘It would be prudent for appropriate supports to be put in place to prevent any significant deterioration in [your] moods.’ I have no reason to think the corrections authorities will not put appropriate such supports in place to prevent any significant deterioration in your moods. Indeed, I expect they would do this.
146Accordingly, I am not satisfied there is ‘a serious risk of imprisonment having a significant adverse effect on [your] mental health’[27] such as to engage Verdins principle 6 in your case.
[27] Verdins 276 [32(6)] (emphasis added).
147On 21 July 2020, you voluntarily commenced a sex-offender treatment program with Mr Burrows, who provided a report dated 10 January 2022.[28] At that time, you had attended 32 60 minute video conference sessions at your own expense, the most recent being held on 10 January 2022.
[28] Ex D2.
148Mr Burrows said you have made good progress in the program, which includes cogitative therapy behaviour designed to assist you to develop healthier coping skills and improve your self-esteem. Nonetheless, you will require further intervention given the duration of your engagement in deviant sexual behaviour.
149Mr Burrows reports, while you expressed remorse for your offending conduct, initially you demonstrated a limited understanding of the destructive impact of you offending behaviour. However, through engagement with the program, you have developed good insight into the factors that contributed to your offending behaviour and the destructive impact your actions had on the lives of your victims. You also have a good understanding of your relapse prevention plan. Nonetheless, Mr Burrows was of the opinion you require considerable intervention to continue addressing your significant interpersonal deficits and low self-esteem. You expressed a desire to continue treatment with Mr Burrows.
Mitigating Circumstances
150You pleaded guilty to the present offences at the committal mention stage in the Magistrates’ Court which I accept was the earliest forensically reasonable opportunity. Your pleas have utilitarian benefit, particularly in the COVID-19 environment.[29] They also indicate an acceptance by you of responsibility for your offending conduct and a willingness to facilitate the course of justice.
[29] Worboyes v The Queen (2021) 96 MVR 344, 356–7 [34]–[39], [2021] VSCA 169 (Priest, Kaye and T Forrest JJA); Chenhall v The Queen [2021] VSCA 175 [29]–[30], [33]–[36] (Priest, Kaye and T Forrest JJA); Tran v The Queen [2021] VSCA 278 [59] (Kaye and T Forrest JJA).
151Moreover, I am satisfied you are slowly gaining insight into the seriousness of your criminal actions and you demonstrate contrition and remorse for your offending conduct and the serious impacts this has had on your young and vulnerable victims.
152You expressed remorse to Dr Barth when you said:
What I did was terrible. They (the victims) would have felt horrible. It will affect them for the rest of their lives. I made my own problems and took it out on them. I have to face up to the consequences of what I did.
153You told Mr Burrows you were ‘deeply ashamed of [your] actions and motivated to utilise treatment to avoid reoffending.’ You told Mr Burrows you feel ‘disgusted by [your] actions and upset about the harm [you] caused.’ You acknowledged to him the shame you felt about your offending behaviour which has compounded your feelings of inadequacy and you told him you feel less deserving of being in a relationship as a result.
154After reading the three victim impact statements tendered in these proceedings you told Mr Burrows:
I thought of myself as someone who would never harm anyone, especially a female, but I have hurt many young people and their families. I'm truly sorry for what I did and every day I wish that there was a way to undo the harm I caused.
155In a letter to the Court,[30] you accepted you are ‘solely responsible for these horrible, inhuman and vile criminal acts’ which you describe as ‘unforgivable’. You apologised to the victims and their families and expressed empathy for their suffering.
[30] Dated 17 January 20-22 (Ex D6).
156Your counsel told me in an endeavour to atone for your offending conduct, you have donated blood on a number of occasions and turned more intensely to your Buddhist religion. This is confirmed by the character reference provided by Rev Yatawatte Dhammananda of the Sri Maha Bodhi Maha Viharya Buddhist temple in Kandy, where your family is highly respected. You have also expressed remorse to a number of the persons providing character references on your behalf.
157You have no prior criminal history, no subsequent offences and no matters outstanding. I have had regard to 13 written character references tendered on your behalf at your plea.[31] Accordingly, I accept your offending conduct is an aberration of otherwise good character and I take this into account in your favour.
[31] Ex D4.
158At 24 years of age (21 to 23 years old during the offending period) you are a ‘youthful offender’. Accordingly, rehabilitation is usually a significant sentencing consideration in cases such as this.[32] For youthful offenders, rehabilitation is usually far more important than general deterrence.[33] But this is only a general principle and does not apply automatically. The weight to be given to an offender’s youth and their rehabilitation decreases as the seriousness of the offence for which they are to be sentenced increases. The present offences are very serious. Accordingly, upholding fundamental values requires that the weight I give to your youthfulness is somewhat diminished and I must give significant weight to general deterrence, denunciation and just punishment.[34]
[32] See R v Mills [1998] 4 VR 235 (‘Mills’); Azzopardi v The Queen (2011) 35 VR 43 (‘Azzopardi’).
[33] Mills 241; Balshaw v The Queen [2021] VSCA 78, [54]-[57].
[34] MHK 289 [56]–[57], 292 [66]–[67], 284 [73]; Tran 462 [14]; PDJ 629 [80]–[84]; Lawrence 132 [22]; Duncan [12]–[14]; Neubecker v The Queen (2012) 34 VR 369, 385 [73]; Azzopardi 55–57 [38]–[40], [44]; Rosenlis v The Queen [2012] VSCA 217, [21]; ELJ v The Queen [2012] VSCA 70, [17]; Hill 299–300 [49]–[53]; Wan [38]; AB (a pseudonym) v The Queen [2019] VSCA 278, [33]; Todd v The Queen [2020] VSCA 46, [49]
159The effect of delay is a mitigating circumstance in your case. Your home was first searched on 11 June 2020 and you were arrested and interviewed by police on 11 September 2020. It is now over one year and five months since you were initially charged.
160As the Victorian Court of Appeal observed in Rodriguez v DPP (Cth):[35]
Delay is normally relevant in two ways. First, it is relevant to rehabilitation that has occurred during the delay and the effect that has in turn on specific deterrence. Secondly, delay is relevant in the sense that the anxiety and uncertainty of having the prospect of a sentence hanging over one’s head during the period of delay is akin to punishment in itself.[36]
[35] (2013) 40 VR 436.
[36] Ibid 445–6 [36] (Warren CJ and Redlich JA) (citations omitted).
161You have made some efforts towards your rehabilitation during this period of delay by seeking treatment for the underlying causes of your offending conduct and you have not reoffended.
162So far as delay akin to punishment is concerned, since you were charged in relation to these offences you have had the prospect of a substantial sentence of imprisonment hanging over your head. Undoubtedly, this would has caused you depression, stress and anxiety. I take the punitive effects of delay into account in your favour.
163The effects of the COVID-19 pandemic are relevant to sentencing because:
(a) An offender is a higher risk of contracting COVID–19 if they are incarcerated (presuming an outbreak in custody).[37]
[37] The Queen v Madex [2020] VSC 145 [52].
(b) As I previously observed, the inherent utilitarian value of a guilty plea is greater during the pandemic.[38]
(c) The pandemic is causing additional stress and concern for those incarcerated and their families, as it is for every member of the community.[39]
(d) The pandemic can impact on visits, work and educational opportunities, depending on the number of cases of COVID-19 in the community at any given time.
[38] DPP v Bourke [2020] VSC 130 [32].
[39] Brown v The Queen [2020] VSCA 60 [48].
164I am satisfied, in all likelihood, you will be deported to Sri Lanka upon your release from custody and that this is a mitigating factor in your case. The authorities make it clear that this can have relevance in two ways. Firstly, it may mean you will serve your sentence more onerously by knowing that at the end of it you will be deported to Sri Lanka.
165The second way the risk of deportation can be relevant is, by reason of committing these offences, you have lost the opportunity to settle in Australia and make a life for yourself here. The authorities accept this is a form of extra-curial punishment, which I take into account in your favour in sentencing you for this offending.[40]
[40] Guden v The Queen (2010) 28 VR 288; Magedi v The Queen [2019] VSCA 102 [47], [55]–[60] (Maxwell P and Weinberg JA); Nguyen v The Queen [2016] VSCA 198 [35]; Allouch v The Queen [2018] VSCA 244 [39] (Beach and Weinberg JJA); Loftus v The Queen [2019] VSCA 24 [65], [79] (Whelan and Niall JJA).
Application of Sentencing Principles
166I must sentence you in accordance with the relevant provisions of Part 1B of the Crimes Act 1914 (Cth) (‘the Act’) and, in particular, the provisions of s 16A.
167Pursuant to s 16A(1) of the Act, I must impose a sentence that is of a severity appropriate in all the circumstances of the offence. In determining the appropriate sentence, I must have regard to the list of non-exhaustive matters set out in s 16A(2) of the Act, and any other matters, insofar as they are relevant and known to me.
168Section 17A(1) of the Act provides that I shall not pass a sentence of imprisonment on you for these offences unless, having considered all of the available sentences, I am satisfied no other sentence is appropriate in the circumstances.[41]
[41] Similarly, see Sentencing Act 1991 (Vic) ss 5(3).
169The applicable principles in sentencing for child pornography and child abuse offences are uncontroversial and well-established as follows:[42]
a) A sentence involving a term of immediate imprisonment is ordinarily required for offending involving child pornography or abuse material.
b) The objective seriousness of the offending is ordinarily determined by reference to the following factors:
(i) The nature and content of the material, the age of the children and the gravity of the sexual activity depicted, including the extent of any cruelty or physical harm occasioned to the child or children involved in the material.
(ii) The number of items or images possessed.
(iii) Whether the material was for the purpose of sale or further distribution.
(iv) Whether the offender will profit from the offence, which includes payment or other material benefit (such as the exchange of child pornographic material).
(v) The number of children depicted and thereby victimised.
(vi) The length of time for which the pornographic material was possessed.
[42] See DPP (Cth) v Garside [2016] VSCA 74; R v Gent (2005) 162 A Crim R 29 at 49, [99]; DPP (Cth) v Guest [2014] VSCA 29 at [23-24]; Taylor v The Queen [2015] TASCCA 7; R v Cook [2018] TASCCA 20; DPP v Smith [2010] VSCA 215 at [23, 26-29]; R v Howe [2017] QCA 7; DPP (Cth) v Zarb [2014] VSCA 347; R v De Leeuw [2015] NSWCCA 183 at [116]; DPP (Cth) v Watson [2016] VSCA 73 at [47]; Fitzgerald v R [2015] NSWCCA 266 at [33]; Heathcote (a pseudonym) v The Queen [2014] VSCA 35; R v Porte [2015] NSWCCA 174.
c) General deterrence is the primary sentencing consideration for offending involving child abuse and child exploitation given the prevalence and ready availability of child abuse material on the internet and the need to protect children from sexual abuse.
d) Where general deterrence is primary, personal mitigatory factors such as prior good character, age, prospects of rehabilitation and other mitigatory factors must therefore be given less weight than they might otherwise be given.
e) Specific deterrence, denunciation, punishment, and protection of the community are also very important sentencing considerations.
f) Offending involving child abuse material occurs on an international level and is becoming increasingly prevalent with the advent of the internet as an accessible means of allowing people to access and obtain such material.
g) There is a paramount public interest objective in promoting the protection of children as the possession of child exploitation material is not a victimless crime. The possession of child abuse material creates a market for the continued corruption and exploitation of children and children are sexually abused to supply the market.
h) Offending involving child abuse material is difficult to detect given the anonymity provided by the internet.
i) Conduct involving the access of child abuse material creates a market for the continued corruption and exploitation of children as children continue to be sexually abused and degraded to supply the market.
j) The offending is not mitigated by the fact that an offender did not profit from the offending, did not pay for material or to access a child abuse website or was not involved in the distribution or sale of child abuse material.
k) The nature of the internet and the evolution of remote storage devices using internet networks means that images may be published and stored around the world for many years. The longevity of such materials is akin to re-victimising the abused children as the victims not only have to endure the abuse that occurs in producing such material but must live with the consequences of their images being swapped, traded and accessed potentially indefinitely.
l) Evidence of prior good character carries less weight in online child exploitation offending matters.
170Ordinarily, a person being sentenced for the present offences can expect a term of imprisonment to be imposed.[43] Moreover, the Act requires a court to be satisfied that exceptional circumstances exist before a person being sentenced for a Commonwealth child sex offence can be released immediately on a recognizance release order.[44] It was not submitted by your counsel that exceptional circumstances are present in your case.
[43] D’Alessandro; Smith; DPP (Cth) v Guest [2014] VSCA 29; Zarb; Garside.
[44] Crimes Act 1914 (Cth) (‘the Act’) s 20(1)(b)(ii).
171The Commonwealth Director submitted that owing to the inherent seriousness of these offences, the gravity of your offending conduct in relation to each charge, and the prominence of general deterrence for this kind of offending, significant terms of imprisonment to be immediately served are the only appropriate sentencing dispositions on each charge. I accept this submission.
172The Commonwealth Director further submitted that a measure of cumulation between sentences was appropriate as each offence represented distinct criminal conduct and there are a number of victims whose rights have been very adversely affected by you. I accept this submission. Nonetheless, the totality principle requires there be a measure of concurrency to reflect the overlapping nature of some of the offending conduct and general circumstances common to all offences.
173Section 16A(2AAA) of the Act provides that, in determining the sentence to be passed on any person for a Commonwealth child sex offence, the Court must have regard to the objective of rehabilitating the person, including by considering whether it is appropriate to impose any conditions about rehabilitation or treatment options. Moreover, in determining the length of any sentence or non-parole period the court should include sufficient time for the person to undertake a rehabilitation program.
174However, as the Commonwealth Director correctly observed, that section does not displace the requirement that the sentence must be of a severity appropriate in all the circumstances of the offending.[45]
[45] Crimes Act1914 (Cth) s 16A(1).
175So far as your prospects for rehabilitation are concerned, while you are to be commended and encouraged in the steps you have already undertaken, given the Moderate-High risk of sexual recidivism for on-line offending assessment and your lack of significant protective factors, I can only assess your prospects for rehabilitation as being problematic.
176I have sought to have regard to current sentencing practices in relation to the offences before me in light of the decisions of the High Court of Australia in DPP v Dalgliesh(a Pseudonym)[46] and The Queen v Pham.[47] However, both the prosecutor and your counsel, despite their best efforts, have been unable to find any relevantly comparable cases. Nonetheless, I have had regard to the cases I have been referred to by the parties to the extent they provide me with some assistance.[48]
[46] (2017) 262 CLR 428 (Kiefel CJ, Bell, Gageler, Keane and Gordon JJ).
[47] (2015) 256 CLR 550, 557 [23] (French CJ, Keane and Nettle JJ).
[48] See particularly, email from Laura Dinola to my Chambers dated 31 January 2022 with attached table of cases (Ex P7) and Additional Defence Plea Submissions dated 14 February 2021 (sic) (Ex D7).
177The basic purposes for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of factors, such as the seriousness of the offences, your culpability for them, the effect of your offences on the victims and your personal circumstances. Denunciation, general deterrence and just punishment must be given significant weight in sentencing you for these offence. Moreover, I consider some real weight needs be given to specific deterrence, given the nature of your offending conduct and your risk of reoffending in a similar manner. As I said earlier, I assess your prospects for rehabilitation as problematic.
178In sentencing you for these offences, I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, so far as is possible, you are rehabilitated and reintegrated into society.
179Ultimately, after having considered all other available sentences, I am of the opinion that the only appropriate sentences necessary to achieve the purposes for which these sentences are imposed are immediate sentences of imprisonment and a total effective sentence involving a period of immediate imprisonment with a non-parole period. My reasons for that conclusion are contained in these reasons for sentence.
Mr Amarasinghe
On Charge 2, use a carriage service to cause child pornography material to be transmitted to self, you are convicted and sentenced to a term of imprisonment for four years. That sentence is to commence today.
On Charge 1, use a carriage service to cause child pornography material to be transmitted to self, you are convicted and sentenced to a term of imprisonment for two years. That sentence is to commence on 2 September 2024.
On Charge 3, use a carriage service to cause child pornography material to be transmitted to self, you are convicted and sentenced to a term of imprisonment for four years. That sentence is to commence on 2 September 2024.
On Charge 4, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for one year. That sentence is to commence on 2 December 2027.
On Charge 5, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 October 2028.
On Charge 6, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 November 2028.
On Charge 7, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 December 2028.
On Charge 8, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 January 2029.
On Charge 9, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 February 2029.
On Charge 10, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 March 2029.
On Charge 11, use a carriage service to transmit child pornography material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 April 2029.
On Charge 12, use a carriage service to publish child pornography material, you are convicted and sentenced to a term of imprisonment for eighteen months. That sentence is to commence on 2 April 2028.
On Charge 13, use a carriage service to cause child pornography material to be transmitted to self, you are convicted and sentenced to a term of imprisonment for four years. That sentence is to commence on 2 October 2027.
On Charge 14, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 August 2031.
On Charge 15, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 September 2031.
On Charge 16, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 October 2031.
On Charge 17, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 November 2031.
On Charge 18, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 December 2031.
On Charge 19, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 January 2032.
On Charge 20, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 February 2032.
On Charge 21, use a carriage service to transmit child abuse material, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 March 2032.
On Charge 22, use a carriage service to cause child abuse material to be transmitted to self, you are convicted and sentenced to a term of imprisonment for four years. That sentence is to commence on 2 June 2030.
On Charge 23, aggravated offence involving private sexual material – using a carriage service to menace, you are convicted and sentenced to a term of imprisonment for two years. That sentence is to commence on 2 June 2033.
On Charge 24, aggravated offence involving private sexual material – using a carriage service to cause offence, you are convicted and sentenced to a term of imprisonment for one year. That sentence is to commence on 2 August 2034.
On Charge 25, possess or control child abuse material obtained or accessed using a carriage service, you are convicted and sentenced to a term of imprisonment for three months. That sentence is to commence on 2 June 2035.
It is my intention to impose on you a total effective sentence of 13 years’ and six months’ imprisonment. I have done this by making the sentence of four years’ imprisonment on Charge 2 the base sentence and cumulated the other sentences imposed in this case as follows: Charges 3, 13 and 22, two years; Charge 23 one year; Charge 1, six months; Charges 4 and 12, three months; Charge 24, two months; and Charges 5 to 11, 14 to 21 and 25 one month.
If my orders do not have this effect, I reserve liberty to apply to the parties to have the matter mentioned so my orders are amended to give effect to my intention.
I fix a minimum non-parole period of eight years and six months commencing today.
I must now explain these orders to you.
The effect of these orders is that you will serve up to 13 years’ and six months’ imprisonment, however you will be eligible to be released on parole after serving eight years and six months. That will be a matter for the Commonwealth Attorney-General’s Department, over which I have no control.
There is no pre-sentence detention to be declared.
Pursuant to the provisions of the Sex Offenders Registration Act 2004 (Vic) I order that you comply with the reporting provisions of that Act for life commencing today.
Pursuant to s 6AAA of the Sentencing Act 1991 (Vic) I state the sentences I would have imposed on you but for your pleas of guilty would have been a total effective sentence of 16 years’ and six months’ imprisonment with a non-parole period of eleven years.
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