R v Chey
[2021] VSC 843
•17 December 2021
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0256
| THE QUEEN | Crown |
| v | |
| EVAN CHEY | Accused |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 23 November 2021 |
DATE OF SENTENCE: | 17 December 2021 |
CASE MAY BE CITED AS: | R v Chey |
MEDIUM NEUTRAL CITATION: | [2021] VSC 843 |
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MURDER – Attempted Murder – 15-year-old offender murdered mother and attempted to murder grandmother and three-year-old half-sister – Major Depressive Episode – Autism Spectrum Disorder (level 1) – Both conditions undetected prior to offending – Principles 1, 3, 4, 5 & 6 of Verdins engaged – Plea of guilty at first reasonable opportunity – No criminal antecedents – Good prospects of rehabilitation – Youth – Totality - Avoidance of crushing sentence - R v Verdins (2007) 16 VR 269; [2007] VSCA 102.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J Dickie | Office of Public Prosecutions |
| For the Accused | Mr D Gibson | Victoria Legal Aid |
HIS HONOUR:
INTRODUCTION
Evan, you pleaded guilty at the first reasonable opportunity to murdering[1] your mother Vanna Soun and attempting to murder[2] your maternal grandmother Sothy Soun and your three-year-old half-sister Caitlin Soun. You stabbed each of them repeatedly in your family home on the afternoon of 30 November 2020. When police attended the home that afternoon, they found you in your bedroom where you proceeded to try and kill yourself, stabbing yourself repeatedly in the neck and torso until restrained.
[1]The maximum penalty for murder is life imprisonment.
[2]The maximum penalty for attempted murder is 25 years’ imprisonment.
You were only 15 years and three weeks old at the time of these shocking events. To some extent, they remain inexplicable. But it has since been discovered that you were suffering from two conditions at the time of your offences — a Major Depressive Disorder and Autism Spectrum Disorder. I am satisfied that, at the very least, the undetected interaction of these two conditions over an extended period of time substantially contributed to your tragic outburst of violence on the day in question.
CIRCUMSTANCES OF OFFENCES
I turn now to a more detailed account of the immediate circumstances of your offending. Before doing so, I note that it is not alleged that you were ever abused by any family members.
On 29 November 2020, you recorded the following two messages on your computer, the first headed ‘If I ran away’ and the second headed ‘If I killed my family’:
If I ran away
I ran away for my own family’s safety. I ran away because I wanted to kill them. I used the remaining ounce of self control to not kill my family. I’ve beared hatred towards my family for a very long time. I’ve had persistent thoughts of killing my family and really wanted to do it. But in the end I ran away. Do not come looking for me. I’m a fucking scumbag, pathetic, with no life, retarded bitch. I shouldn’t have been born. I hate life and all its bullshit, life is very grey. Sure theres a few bright colours there and there but in the end its all grey. This world is fucking gay. I hate every fucking shit in this world. I rather just die. Goodbye. If you come looking for me, I will kill myself straight on the spot. But I’ll probably be dead already when you find me. Fuck you hahahahahahahahah hahahahahahahahahahahahahahahaha. Wow this is cringe. Just me being a dumbass teenager.
If I killed my family
I killed my family out of hatred. That is all I will say. Although there may be more to that than that reason. But I refuse to say anymore than that …
On the night of 29 to 30 November 2020, it appears you stayed up all night, playing on your computer. In the morning, you stayed in your room instead of going to school. You drank some alcohol from a cheap bottle of sparkling wine. Early in the afternoon, your mother Vanna went upstairs to check on you. Your grandmother Sothy and half-sister Caitlin were downstairs at the time. Your nine-year-old half-brother Thomas was at school.
The agreed prosecution summary states, relevantly:
15. After [Vanna] went upstairs, [Evan] stabbed her. [Sothy] heard her daughter yell out “Darling, why did you do that?”
16. [Evan] stabbed [Vanna] multiple times. This included four significant stab wounds to his mother’s neck, chest and abdomen …
17. [Evan] also caused minor superficial bruising to [Vanna], mainly to her arms, and other incised injuries. This included a very superficial incised injury on the third finger of [Vanna’s] left hand consistent with her trying to defend herself.
18. After [Sothy] heard [Vanna] scream, she saw [Vanna] run downstairs with blood on her neck. [Evan] came after her. [Vanna] ran for the kitchen phone. [Sothy] yelled out to her to call police.
19. About 12.42pm [Vanna] managed to ring 000. She said, “My son is killing me.” She was able to confirm her address. When asked if weapons were involved, she said, “He stabbed me.” She said her neck was injured. She asked them to hurry up. She later said her son was upstairs. She thought he had killed his sister. She said she was nearly dead. The operator stayed on the phone, talking to [Vanna].
20. [Evan] put a knife to the throats of [Sothy] and [Caitlin]. [Sothy] describes that he “nicked” [Caitlin] and cut [Sothy] on her throat.
21. [Sothy] turned to pick up [Caitlin]. She ran back to her bedroom to get her phone. She tried to call a close friend, who did not answer, so she called … another friend..[who] answered but [Sothy] was reluctant to say what happened in case [Evan] got angry, so she simply told [her] to come and see for herself, to come to help her…
22. While [Sothy] was making calls or trying to make calls, [Evan] came and stabbed [Caitlin] to her abdomen. [Sothy] could see [Caitlin’s] intestines coming out. [Sothy] tried to cover her granddaughter with her body. [Evan] stabbed [Sothy] in the right side of her posterior chest wall and to her breast. She fell over... She picked up [Caitlin] and ran into the other room. She tried to push [Caitlin’s] intestines back into her body.
…
26. At 12.56pm police officers on divisional duties were notified of the 000 calls and by 1.06pm were at the house. They were greeted by [a family friend], who was carrying [Caitlin]. They found [Vanna] lying just inside the front doorway, covered in blood and not moving. Further units were requested to attend. A police officer spoke with [Vanna], who rolled over when asked where her injuries were. [Vanna] was struggling to breathe. The officer stayed with her.
27. [Sothy] was found on the floor on her back in a pool of blood. Her clothing was covered in blood. Police officers identified a wound to her right breast and on the right of her back in the middle of her rib cage. [Sothy] roused enough to tell officers her name and age. Police officers administered first aid.
28. About 1.09pm additional police officers arrived. Two constables went upstairs to investigate who was present. One called out “police”. [Evan’s] bedroom door was locked. After there was no answer to knocking, one of the constables kicked open the door. [Evan] was sitting at the computer and appeared to be typing. He stood up when the officers entered. He picked up a large knife and stabbed himself in the neck and stomach. Police sprayed [Evan] with capsicum spray. He continued to stab himself. The officers repeatedly yelled at him to stop and told him to get on the ground. He continued to stab himself in the neck and multiple times to the stomach before throwing his knife towards the police officers. He rushed through the bedroom door and down the top of the stairs. Officers grabbed him. He appeared to try to claw at his neck wound. The constables pinned him down to restrain him. Pressure was applied to [Evan’s] wounds to control the bleeding.
29. Paramedics attended and assisted all who had been injured, including [Evan]. He vomited a yellow liquid, which had a strong smell of alcohol.
Your mother was taken by ambulance to Dandenong Hospital where she died later that afternoon. Your grandmother spent approximately five weeks at the Alfred Hospital. Caitlin was taken to the Royal Children’s Hospital. Physically, both your grandmother and Caitlin have made a good recovery from their life-threatening wounds. You were also an inpatient at the Royal Children’s Hospital from 30 November 2020 until 22 December 2020.
On that day, you were discharged into police custody and taken to Melbourne West police station. You were deemed unfit for interview but you were charged, taken to the Children’s Court and remanded in custody. On the same day, you were transferred to a secure psychiatric facility, namely Orygen Youth Health Centre in Footscray. You spent 21 days there. You were then placed in Parkville Youth Justice Centre (‘YJC’), and later Malmsbury YJC where you have remained. You never made a bail application. At a committal mention on 23 September 2021, you pleaded guilty to the current charges.
On 8 October 2021, you were arraigned in the Supreme Court and pleaded guilty.
Victim impact statements
Victim impact statements were provided by your grandmother and your stepfather Phirun Keo.
Your grandmother lived with you for many years. She played an active role in caring for you and your siblings. She attended your plea hearing and through the prosecutor expressed her continuing love and support for you. You have declined contact with her whilst you have been in custody.
I wish to commend her for her bravery in trying to protect your half-sister during the ordeal and also for her ongoing concern for your welfare. She writes:
I try to think of why [Evan] would do this, what has led up to this, to try to make some sense of it. I worry for [Evan] as he does not have a father, his father was not in his life showing him love. I feel [Evan] has had a difficult life and this hurts me. I still worry for [Evan] – I worry about what will happen for him now. I would like to protect him even now. I love him and miss him in my life, he is very special to me.
As regards your biological father Sopheap Chey, you recently had a Zoom conversation with him. He lives in Sydney. He has apparently expressed an interest in developing a relationship with you. He left your mother when you were an infant and had no contact with you thereafter, at least none that you recall. Your mother re-partnered with Phirun Keo when you were about three. You grew up thinking that he was your biological father. I hope your real father will be a support to you in the years to come.
Your stepfather Phirun Keo and your mother were in a relationship from about 2008 to 2018, having two children together, Thomas and Caitlin. In the months before your offences, he and your mother started having contact again. Your two half siblings are now living with him. He writes in his victim impact statement that he is devastated by Vanna’s death and anxious as to how Thomas and Caitlin will be affected long-term by the events of 30 November 2020.
Seriousness of offending
Objectively, your offences are upper range examples of the offences of murder and attempted murder. Your victims were your own mother and grandmother — both of whom had been your primary caregivers — and your three-year-old half-sister. They were all vulnerable and effectively defenceless. You killed them or attempted to kill them in their own home. You commenced your attack on your mother upstairs and continued the attack downstairs. Your attacks on all of them were ferocious. There was some premeditation, albeit not longstanding.
CIRCUMSTANCES OF OFFENDER
I turn now to your personal circumstances.
You were born in Melbourne on 7 November 2005.
Your mother was Cambodian. Your father is believed to be of Vietnamese heritage, but Khmer was the main language spoken at home.
As mentioned, your parents separated when you were very young. Your father did not stay in contact. Your mother re-partnered. You grew up believing that your stepfather Phirun Keo was your biological father.
Initially you went to Hallam Primary School but from 2011, you went to Narre Warren South State School. Your grades were satisfactory or good. You were a quiet boy. You did not have many friends at school. You did not socialise much, if at all, with other students after school hours.
A number of significant events occurred in or around 2018 when you were 12 to 13:
·You started secondary school;
·Your mother and stepfather separated;
·You found out from a cousin your stepfather was not your biological father;
·You stopped speaking Khmer;
·You stopped attending family functions; and
·You spent more and more time in your room, mostly on your computer.
You told Dr Deacon, the consultant psychiatrist engaged by your lawyers who wrote two reports and also gave evidence at your plea hearing, that your mental health deteriorated from when you began secondary school, and that you experienced suicidal thoughts from this time. You did not confide in anyone at school or at home about your downward spiral.
Early in 2020, you report that you came home early from school to observe your mother in the living room having sex with a man. Your mother apologised to you for this, but the incident seems to have caused a major deterioration in your attitude towards your mother.
As mentioned, a few months before the offences, your mother and Phirun Keo started seeing each other again. Some family friends think you may have been unhappy about this development, but you did not confirm that view in your discussions with Dr Deacon.
In relation to your disclosures to Dr Deacon, he writes this in his first report dated 4 October 2021:
Account of Offence – assessment conducted on 18th May 2021
[Evan] said he was “taken over by my emotions”. He said he was persistently angry and sad for three years. He disliked attending school and he didn’t like doing things with his family.
[Evan] said he didn’t enjoy anything about his life. He was only relieved playing video games. (p3) He mostly felt sad. He kept his feelings to himself. He didn’t feel comfortable talking to his family.
[Evan] said he felt angry with himself and his family. He didn’t like anything about himself, because he didn’t like how he was going. He also didn’t like being around his family because they didn’t help his mood.
[Evan] said he particularly didn’t like being around his mother and younger brother.
[Evan] said he didn’t like his mother because she “wasn’t teaching my brother stuff”. He noted that his younger brother was “rowdy and too loud”. He also noted that his younger brother didn’t listen.
[Evan] said he felt angry with his mother for giving birth to him and his younger brother. He said he “didn’t want this” (meaning his miserable life) and he resented that he had been born.
[Evan] also said he came home from school in early 2020 (year 9) on the last day before school holidays. He walked into his home to observe his mother having sex with a man in the living room. The man was a family friend. He said he felt surprised and confused. He recalled feeling his heart racing. He secluded himself in his bedroom.
[Evan] said his mother came to his bedroom and banged on his door. She begged for forgiveness. He elected to keep the door shut and not speak to his mother. The issue was never discussed. He felt that tension subsequently emerged.
[Evan] said he subsequently felt both angry and disgusted with his mother, but also sad. He said he felt angry because “it wasn’t right”. Whilst his mother and stepfather were separated, he felt it was wrong. [Evan] also noted that the family friend who his mother had sex with had children. [Evan] said he lost respect for his mother thereafter. He said his feeling changed from feeling love for his mother to a neutral state akin to a friend. He also felt like his mother was a stranger.
[Evan] was asked to explain his sense of being taken over by his emotions.
[Evan] said he “couldn’t stand” his little brother anymore. He said he felt angry thinking about his existence. He said he “hated him and his voice”. He didn’t like the way his brother “stomped around the house…how he thinks…he cried all the time”. He said he could not tolerate his brother anymore; simply seeing or hearing him led to him feeling irritated.
[Evan] said he had a “sudden realisation I had enough” the night prior to the offence occurring. He said he “thought about doing it…the crime…harming my family”. [Evan] confirmed that he thought about killing his family members, including mother,
grandmother, sister and brother.[Evan] was asked why he felt the need to kill his family.
[Evan] responded, “I don’t know…that’s when my emotions got out of hand…to relieve it by doing it”.
Since 30 November 2020, you have effectively been in custody. For some time now, you have been in the low security Topaz unit at Malmsbury YJC. A Youth Justice Pre-Sentence Report indicates that you have been a model detainee, applying yourself to your studies and planning to do university whilst in detention.[3] I encourage you to make the most of your academic opportunities whilst in custody.
[3]Youth Justice Pre-Sentence Report by Isabella Clarke dated 15 November 2021.
In September 2021, Dr Hughes diagnosed you with ASD.[4]
[4] Autism assessment report by paediatrician Dr Sian Hughes dated 6 September 2021.
In his first report dated 4 October 2021, Dr Deacon wrote this:
[Evan] has recently been formally diagnosed with Autism Spectrum Disorder- level 1. This diagnosis assists in understanding the complexity of his presentation.
[Evan] appears to have coped without marked difficulties until a few years ago, coinciding with the transition to secondary school. He was likely a reserved, compliant and discreet young person who drew little attention. His normal intelligence facilitated his ability to progress through school without concern. It is commonplace for autistic children to self-manage during primary school years followed by escalating difficulties in secondary school due to greater social challenges.
[Evan] struggled to explain the basis of his subjective decline in mental health from year 7. He appears to have experienced an unrecognised major depressive disorder. He was likely challenged by the increased social demands of secondary school. His difficulty with social connection, and resultant disconnection and isolation, likely precipitated a depressive decline. He reported experiencing a persistent low mood, negative thinking patterns, low self-worth and suicidal ideation. Rather than disclose and share his subjective distress, he instead internalised and withdrew into being a recluse. [Evan’s] pattern of experience and response can now be better understood through the lens of a young person afflicted with Autism Spectrum Disorder.
[Evan’s] mental problems were likely compounded by family-based issues. He learned that his stepfather was not his biological father when he was aged 13. He denied being troubled by this finding. His mother and stepfather had an acrimonious relationship marked by verbal conflict. [Evan] responded by internalising his distress, rather than drawing attention to his plight and concerns.
[Evan] was observed to become less communicative and more disengaged from his family over the last few years prior to his arrest. He mostly spent time alone in his bedroom playing videogames and surfing the Internet.
[Evan] was never recognised as being autistic. Rather he was likely perceived to be a quiet and compliant boy with limited social needs. Dr Sian Hughes recently completed assessment confirms he has a clear autism diagnosis. He has many core traits consistent with autism. His social and communication deficits are clearly defined and recognised. Characteristically identified repetitive and narrow interests have likely been masked by his specific interest in videogames. Cultural factors have also likely been germane to his autistic qualities not being readily identified at home by family members and teachers in the school environment. [Evan] can be considered to have Autism Spectrum Disorder – level 1 (based on the level of his impairment). He would have likely been previously described as a ‘high functioning autistic’ or ‘Asperger’s Syndrome’ prior to DSM-V diagnostic criteria officially excluding Asperger’s Syndrome as a recognised separate disorder. [Evan’s] cognitive profile has not been assessed, but it is likely that the functions in the above average range based on his recent academic record.
[Evan’s] persistent depressive disorder and autism spectrum disorder can be considered predisposing factors germane to the commission of the offences. [Evan] described a persistent sad and angry mood state experienced over three years. He became sensitised to family issues, including being readily annoyed by his younger brother’s noise. His sensitivity to his brother’s noise may relate to autism. He also developed ill-feelings for his mother. He reported that he had previously enjoyed a good relationship with his mother. His feelings for his mother abruptly changed when he purportedly observed her engaging in sexual intercourse with a male family friend in early 2020. His mother purportedly sought his understanding and forgiveness, but instead he declined and withdrew further. He felt disgusted with his mother. His autism likely contributed to a rather rigid and poorly processed response that consolidated a persistent state of disrespect for his mother.[5]
[5]Psychiatric Assessment Report of Dr Adam Deacon dated 4 October 2021 p11 [4]–[10].
Verdins
I am satisfied by the expert evidence of Dr Deacon and Dr Hughes that you were afflicted by a major depressive disorder and autism at the time of your offending.
I am satisfied that principles 1, 3, 4, 5 and 6 of Verdins[6] apply to you. Your moral culpability is reduced by your mental health conditions at the time of your offending (principle 1). General deterrence (principle 3) and specific deterrence (principle 4) should be sensibly moderated in sentencing you because of those conditions. I am satisfied, on the balance of probabilities, that incarceration will be harder for you in the long run because of your autism (principle 5)[7] and that there is a serious risk of incarceration having a significant adverse effect on your mental health when you are eventually transferred to an adult prison (principle 6). The prosecution only dispute the application of this last principle, but I am persuaded by Dr Deacon’s evidence that principle 6 of Verdins is engaged. Dr Deacon said this at your plea hearing about your eventual transition from a YJC (where you are doing very well) to an adult prison:
Dr Deacon: … I guess contrasting that with an adult prison environment, it could be anticipated that he would not be afforded that level of support, and the environment is very different. It’s far, far more challenging. My experience with adults in custody who are on the spectrum – they inevitably find it challenging and often their vulnerabilities are exposed far more so than in youth justice for a number of understandable reasons, but it’s a much more stressful environment. There’s far greater likelihood of tensions developing and potentially those vulnerabilities being exposed, and sometimes people are targeted because of that. So, again, there is a marked contrast there.
His Honour: Yes. And if that happens, his mental health can deteriorate; he could again suffer from serious depression?‑‑‑It’s quite probable that that could be the case, Your Honour.[8]
[6]In R v Verdins (2007) 16 VR 269; [2007] VSCA 102 at [32] the Court said this:
Impaired mental functioning, whether temporary or permanent (“the condition”), is relevant to sentencing in at least the following six ways:
1.The condition may reduce the moral culpability of the offending conduct, as distinct from the offender’s legal responsibility. Where that is so, the condition affects the punishment that is just in all the circumstances; and denunciation is less likely to be a relevant sentencing objective.
2.The condition may have a bearing on the kind of sentence that is imposed and the conditions in which it should be served.
3.Whether general deterrence should be moderated or eliminated as a sentencing consideration depends upon the nature and severity of the symptoms exhibited by the offender, and the effect of the condition on the mental capacity of the offender, whether at the time of the offending or at the date of sentence or both.
4.Whether specific deterrence should be moderated or eliminated as a sentencing consideration likewise depends upon the nature and severity of the symptoms of the condition as exhibited by the offender, and the effect of the condition on the mental capacity of the offender, whether at the time of the offending or at the date of the sentence or both.
5.The existence of the condition at the date of sentencing (or its foreseeable recurrence) may mean that a given sentence will weigh more heavily on the offender than it would on a person in normal health.
6.Where there is a serious risk of imprisonment having a significant adverse effect on the offender’s mental health, this will be a factor tending to mitigate punishment.
[7]The Court of Appeal has considered the applicability of Verdins to offenders diagnosed with autism in cases such as DPP v Borg [2016] VSCA 53 [16], Davies v The Queen [2019] VSCA 66 [684]–[699], [768], and DPP v HPW [2011] VSCA 88. In the latter case, the respondent suffered from Asperger’s Syndrome, which the VSCA determined at [75] should be seen in that context ‘as a mitigatory factor which may render the service of his sentence in prison more burdensome’.
[8]Transcript of Proceedings, DPP v [EC] (Supreme Court of Victoria, Beale J, 23 November 2021) 41.
Pleas of guilty
As the prosecution acknowledges, you pleaded guilty at the first reasonable opportunity. You are entitled to a substantial discount for that fact. Your early plea had significant utilitarian value, especially in a time of pandemic when there are considerable case backlogs. Further, I consider that your plea demonstrated genuine remorse, something Dr Deacon also thought you exhibited within the constraints of your ASD.
Youth
You turned 16 just over a month ago. As already mentioned, you were only 15 years and three weeks old at the time of offending.
Very fairly, the prosecution said this at [14] of its written submissions:
The mitigatory effect of youth will only be extinguished in circumstances of the gravest criminal offending, and where there is no realistic prospect of rehabilitation. Despite [Evan’s] very serious offending, the prosecution does not submit that there is no realistic prospect of his rehabilitation. Youth remains a significant sentencing factor but in the context of extremely serious offending.
Your immaturity, at the time of your offending and now, is a mitigating circumstance, but one which must be given reduced weight because of the seriousness of your offending.[9]
[9]Azzopardi v The Queen (2011) 35 VR 43, 55-56 [37]-[40]; DPP v Lawrence (2004) 10 VR 125, 132 [22].
Previous good character and prospects of rehabilitation
You have no criminal antecedents. I share Dr Deacon’s opinion that you have good prospects of rehabilitation. Your prior good character and your behaviour since being remanded supports that conclusion. So too does the fact that you, and those close to you, as well as the authorities, are now aware of your autism and vulnerability to depression. Appropriate supports can be put in place for you when you are eventually released.
COVID-19
The prosecution says this at [23] of its written submissions:
Some regard may be had to the impact of [Evan] serving his sentence during the Covid-19 pandemic and the additional restrictions imposed.
I have had regard to COVID-19 restrictions in custody, but only to a limited extent, because I do not consider that they have made or will make much difference to your experience of incarceration, given your positive progress at Malmsbury YJC and your preference for limited interaction with others.
Totality and the need to avoid a crushing sentence
I am conscious of the need to give effect to the principle of totality in making orders for cumulation and to avoid a crushing sentence.
Comparison with other cases
In working out an appropriate sentence, I have considered and compared a number of sentencing cases involving young offenders convicted of murder.[10] Obviously each case turns on its own facts but the cases were of some assistance.
[10]AP (a pseudonym) v The Queen [2019] VSCA 278; DPP v JF [2021] VSC 328; DPP v MM [2009] VSC 336; DPP v Ty (No 3) [2007] VSC 489; DPP v Wentworth (a pseudonym) [2020] VSC 435; R v JLE [2011] VSC 669; R v PDJ (2002) 7 VR 612; R v ZN [2012] VSC 616.
SENTENCE
Charge 1
On Charge 1 — the murder of your mother— I impose a sentence of 16 years’ imprisonment. This will be the base sentence.
Charge 2
On Charge 2 — the attempted murder of your grandmother — I impose a sentence of eight years’ imprisonment, two years of which will be cumulated on the base sentence.
Charge 3
On Charge 3 — the attempted murder of Caitlin — I also impose a sentence of eight years’ imprisonment, and cumulate a further two years on the base sentence and the two years accumulated in respect of Charge 2.
Total effective sentence, non-parole period and PSD
The total effective sentence therefore is 20 years’ imprisonment. I declare a non-parole period of 14 years’ imprisonment. Having regard to the time you have already served on remand, which I declare to be 382 days, this means you will be eligible for parole around your 29th birthday.
Had you not pleaded guilty I would have imposed a total effective sentence of 23 years’ imprisonment with a non-parole period of 17 years’ imprisonment.
Ancillary orders
I make the forensic sample retention order and the disposal order sought by the prosecution.
Recommendation re: s 471 Children, Youth and Families Act2005 (Vic)
Finally, I recommend that the Adult Parole Board arrange for you to serve your sentence in a Youth Justice Centre for as long as possible pursuant to s 471 of the Children, Youth and Families Act 2005 (Vic).
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