R v Hermogenes
[2011] VSC 299
•29 June 2011
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| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 0052 of 2011
| THE QUEEN |
| v |
| MICHAEL TUANO HERMOGENES |
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JUDGE: | COGHLAN J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20 June 2011 | |
DATE OF SENTENCE: | 29 June 2011 | |
CASE MAY BE CITED AS: | R v Hermogenes | |
MEDIUM NEUTRAL CITATION: | [2011] VSC 299 | |
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CRIMINAL LAW – Indecent Assault – Rape – Attempted Murder – Production of Child Pornography – Arson – Theft – Plea of Guilty – Circumstances of Offending – Serious example of Rape –Very serious example of Attempted Murder – Prospects of Rehabilitation.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr A. Grant | Office of Public Prosecutions |
| For the Accused | Mr P. Chadwick SC | Victoria Legal Aid |
HIS HONOUR:
Michael Hermogenes, on 20 June 2011, you pleaded guilty before me to the indecent assault of LGO on 25 October 2009, the rape and attempted murder of MKM on 31 May 2010, the production of child pornography, the arson of Unit 1, 4 Landers Court Hoppers Crossing and two counts of theft being a bag and its contents belonging to MKM and a USB stick and lanyard belonging to Criselle Gayle Magayanes.
The count of indecent assault occurred on the night of 25 October 2009 when you went to a birthday party at Three Degrees in QC in the city. You were the designated driver and thus did not consume the same amount of alcohol as the rest of your passengers, LGO, the complainant, Joshua Ocampo and Hannah Galvez whom you drove home to Joshua Ocampo’s house at the end of the party. While LGO was asleep, you took various photos on your iPhone involving you touching her skin “high up” on the right leg touching her buttock cheek, kissing the buttock cheek and pulling aside her underwear to expose more skin. The photos were tendered on the plea and became Exhibit 1C.
Counts 2 to 6 consist of the events that transpired on 31 May 2010. You were a youth group leader at your church, the St Albans Uniting Church, and you met the complainant, MKM, through your association with this church in 2008. Over time, you became quite close with MKM and in fact she called you Kuya Myke, with Kuya being a term of endearment in Filipino meaning “older brother”. On 31 May 2010, you and MKM exchanged SMSs arranging for MKM to let you know when she was walking home from school in order for you to know when you were to come over. You went to Coles and bought a four pack of Red Bull, a four pack of Midori premixed Illusions and a four pack of Smirnoff Blacks and shot glasses. You then proceeded to McDonald’s to buy some food in order for her to have something in her stomach. You arrived at MKM’s home and called her school pretending to be her father and told the school that MKM would not be attending school that day.
Just after 9.30am, you and MKM commenced drinking the alcoholic drinks and took photos of this on her laptop. You then proceeded to go into her bedroom and you took photos of her removing her school uniform on your iPhone. These photos became Exhibit 1D on the plea.
At some point after MKM had undressed, you proceeded to strangle her with her school stockings and rendered her unconscious. You then continued to take photos of her while she was naked and unconscious and this, along with the earlier photos of MKM undressing, formed count 3.
Whilst MKM was unconscious, you raped her either vaginally or anally. There is no direct evidence to indicate the form of the rape and you have said that you blacked out at this point but you pleaded guilty to this count nonetheless.
You dragged her unconscious body into the bathroom where you left her facing down. You then left the premises and went to a BP Service Station in Caroline Springs, filled up a can full of petrol and also put some petrol in your own car, and then returned back to the premises in Hoppers Crossing.
You piled clothes on top of her naked and unconscious body and then poured the petrol that you had just bought from the petrol station on top of her and around the general area of the second level of the house. You also placed some deodorant cans from your car near her body. Further, you placed MKM’s ACER laptop computer, her mobile phone and the household portable phone on top of the gas stove top and turned the burner on.
You took her school bag, which contained her purse and a letter you had written to her, and put them in your car, which is the charge of count 6.
When you went back inside, you then used the matches that you had bought at the service station and set alight MKM and the premises. This act formed counts 4 and 5. During this process, you also managed to light your own pants which had been splashed with petrol earlier on. As a result of this, you then ran outside and rolled on the grass in an attempt to put out the fire on your pants. Once you had achieved this, you then drove off. After your arrest, you required skin grafts to both of your ankles.
A male who happened to be driving by the premises at the time noticed the smoke coming from the house and also the first two letters of your number plate. The same male also called “000” to report the fire.
Fire fighters from the CFA and MFB attended at Landers Court, put out the fire, located MKM’s naked body and rescued her. She was then taken to the Intensive Care Unit at the Royal Children’s Hospital.
After you had left Hoppers Crossing, you then did a number of things. You bought a packet of “wet one’s” in an attempt to sooth the burns to your legs from a service station. You then bought some “Coles Aftersun Soothing Gel” also in attempt to ease the pain. After this, you then attended at the Fenix Gym in Hoppers Crossing where you went for a swim and had a shower to further try and relieve the pain from the burns. You then visited your daughter at her grandparents’ house in Hoppers Crossing for an hour. At 6.25pm, you went to an internet café to access online news reports about the fire that you had lit. You returned half an hour later to the same internet café to delete a blog post that you had made in response to a post made by MKM entitled “Oh brother”. Later that evening, you attended the home of a member of your congregation as a prayer meeting was being held for MKM. You were arrested early on the morning of 1 June by police in Third Avenue Hoppers Crossing while you were sitting in your vehicle.
During your record of interview, you made a number of admissions. You stated that you had bought the alcohol which you drank with MKM. After watching a movie and dancing around, you went upstairs, and it is from that moment that your memory of what occurs becomes blurry. You stated that at some point you found yourself naked on top of her and she was naked and unconscious at this point. You observed blood on your penis and observed that there was blood around the groin of MKM, that she appeared to have been suffocated and had defecated. You stated that you dragged her body into the bathroom and left her there unconscious while you went and bought petrol. When you returned, you put clothes on top of MKM, poured petrol on her and throughout the upper level of the house, turned the gas on at the stove where you had placed a laptop, mobile phone and cordless phone in order to remove any trace of linking you to the offences that you had committed. Before lighting the match, you admitted that you knew that MKM was still alive as “her back was moving up and down”.
When asked why you had attempted to murder MKM and set the house alight, you said it was due to “self preservation”. And when you were asked why you sexually assaulted her you responded, “I can’t give a reason. Sexual demons. I was possessed and in a drunken state.”
A search of your car was done following your arrest and several items were found. In particular, a Sandisk 1 Gigabyte USB memory stick and lanyard was found which contained numerous files, amongst them the photographs of the complainant LGO from the indecent assault that occurred on 25 October 2009. It was discovered that you had stolen this USB stick from Criselle Magayanes in the later part of 2008 one night when you attended Criselle Magayanese’s home, whom you had also met through the Uniting Church youth group, and this is count 7.
There are two direct victims of your offending. Victim Impact Statements were filed on behalf of LGO with respect to count 1 and from MKM, her parents, her brother and her sister with respect to counts 2 to 6.
It goes without saying that the offending with respect to LGO is significantly less serious than that in relation to MKM. However, your offending was particularly offensive to LGO because she trusted you, your offending was in secret and protracted, taking place over about a two hour period. For LGO, there is the element of shock in finding out subsequently what had happened. The offence is aggravated to a degree by your decision to keep the material on the stolen USB key stick.
That aspect is slightly ironic, because it led to you being charged with an offence which would otherwise have gone undetected. This is a reasonably serious example of the offence, which carries a maximum of 10 years. You deserve some separate punishment for this offending, and I will accumulate some of the sentence on other sentences.
It is important in these reasons to set out the injuries suffered by MKM and their consequences as at 31 May 2010 and the immediate treatment that followed in the 30 days in the Intensive Care Unit:
· severe airway burn
· Approximately 50% total body surface area burns. Full thickness and deep dermal.
o Face – mid-deep dermal burns, middle and lower thirds;
o Neck – deep dermal;
o Upper chest – deep dermal;
o Back – full thickness;
o Right upper limb – 6% non-circumferential;
o Left upper limb – 3%
o Right foot – full thickness circumferential;
o Right lower limb – full thickness to posterior calf and thigh;
o Left lower limb – full thickness to posterior calf and thigh;
o The area of skin spared and included back of head, back of arms, buttocks and front of thighs
· Underwent multiple operating theatre procedures, changes of dressings
· Debridement of wounds, skin grafts, amputation of right toes, the insertion of intravenous central lines and urinary and rectal catheter tubes
· She experienced a number of complications including gangrene in the right foot resulting in partial amputation, infection that led to loss of skin grafts, bleeding from gastric ulcers, a disorder relating to blood clotting that required multiple transfusions, and kidney failure requiring readmission to the Intensive Care Unit.
I have seen the photographs of MKM’s injuries, which reinforce how serious they are.
On the plea, I received a report from Associate Professor Adam Scheinberg which set out many of the consequences of MKM’s injuries. In the Crown’s opening on the plea it was summarised as follows:
1)“As a result of her burns, the complainant experienced multiple medical and surgical complications that included those noted above and also Pancreatitis, severe pain, multiple skin and muscle contractures, bilateral leg thrombi, need for mental health involvement, and severe upper airway obstruction requiring multiple surgical procedures to her airways.
2)She was admitted to the Rehabilitation Program in December 2010, and from that time until the time of her discharge on 8 May 2011 she received daily intensive, physiotherapy and occupational therapy.
3)At the time of her discharge the complainant was:-
a) Able to move herself around in her bed but required the assistance of another person for transfers from sitting to standing;
b) Required assistance when transferring from chair to standing if the chair was low or did not have arm rests;
c) Was able to walk approximately 20 to 30 metres with a two-wheel frame, but required another person close by for supervision;
d) Required regular rests due to limited endurance;
e) Was wearing orthotics to support her ankles;
f) Required a wheelchair in the school setting, and on uneven ground for longer distances
4)During her rehabilitation program the complainant was assisted to learn some self care skills. Her limb function has been significantly reduced due to limited movement in her elbows. In the future it is likely that she will require surgical procedures at both of her elbows to improve her range of motion;
5)She suffered peripheral neuropathy to her right arm resulting in limited movement and sensation. As a result she finds it difficult to bring her hands to her mouth and she is unable to feed herself or drink without somebody holding a bottle to her mouth;
6)She requires assistance when toileting and showering;
7)Her ability to communicate has been impacted by severe damage to her airway and vocal cords, which has resulted in abnormal voice quality. This is a significant issue for her as she was a keen singer and involved in the church choir.
8)She must take part in a burns care management program which includes moisturising all of her skin areas twice daily and having a shower every second day. She has two sets of pressure garments which she needs to wear for 22 to 23 hours a day, essentially only coming off for moisturising and showering. She requires a silicone dressing to be worn over all raised scar areas for 22 to 23 hours each day.
9)Her education will be significantly effected by her injury. She cannot use public transport and requires a full time teacher’s aid to assist her physically at school.
10)Scarring following her burns is permanent and she will require ongoing management of those burns and may require further surgical releases of scar tissue and skin grafts.
11)The impact of her injuries is significant and she has a permanent reduction in her level of independence and will need to deal with many lifelong medical issues which will require significant periods in hospital care and outpatient therapy. Her employment options will be significantly reduced and she will not be able to drive a car. On the balance of probabilities she will require some level of attendant care throughout her life.”
It should be noted that MKM was admitted to hospital on 31 May 2010. Up until December 2010, when she was transferred to the Rehabilitation Department, she was in the Royal Children’s Hospital Intensive Care Unit for several months before being transferred to the burns unit. She was released from the rehabilitation unit on 6 May 2011, that is, she spent almost all of the 14th year of her life in hospital; she turned 15 on 20 May.
Her injuries are extremely serious. She will suffer from them for the rest of her life in the most profound way and will need daily care. Her Victim Impact statement which was read to the Court was moving. The impact is not on her alone however. Victim Impact Statements received from MKMs family clearly show the impact you have had on them as well. MKM’s mother, has had to leave her work in order to care for her daughter which she does in shifts with MKM’s father. As a result of the circumstances that MKM’s parents find themselves in, the parents do not get to spend as much time with their two other children, a feeling also shared by the children who are now generally looked after by their grandparents. At the time of the incident, the family were in the process of buying a property, but, due to the financial hardship placed upon them, they could not proceed with the purchase. They have approached this matter in a very dignified way and are doing their best to cope with a remarkably difficult set of circumstances.
These circumstances alone of count 4, as set out above, would make this a most serious example of attempted murder. The means chosen by you was a particularly horrible one. Although you have said that you were affected by what you had to drink, you had rendered MKM unconscious. You had strangled her with a stocking and that is almost certainly what caused her unconsciousness. Knowing she was unconscious, you left the house and went to buy petrol; that is, you had given thought to what you were going to do. You were not prepared to leave anything to chance, so you purchased a box of matches. Your motive was to cover up what you had done, including the rape of your unconscious victim. Your conduct demonstrates that you were aware that you had raped MKM. MKM had only turned 14 eleven days prior to these events. The crime of attempted murder involves an intention to kill which is obvious in this case. The breach of trust is obvious.
When sentences for attempted murder, which carries a maximum of 25 years’ imprisonment, are examined, the range of sentence is somewhere between 8 and 16 years, and you are to be regarded as at the top end of that range, notwithstanding your plea of guilty. One would have difficulty in conceiving of a worse case.
The crime of rape with which you have been charged was inflicted on your unconscious victim. On the evidence before me, I am satisfied that the penetration, although expressed in the alternative in the count, was anal penetration. You had supplied the 14 year old MKM with alcohol (about four 375ml bottles of mixed drink), you had caused her to be absent from school, you planned the meeting at her home where ordinarily she might have felt safe.
You were a youth group leader from her church; the betrayal of trust is significant. I am satisfied that you set up this meeting fully meaning to take sexual advantage of MKM, and that was a major reason for taking the alcohol. You admitted to Mr Jeffrey Cummins, Psychologist, that you were sexually attracted to MKM. In his report he stated,
“I asked him whether he was of the belief the meeting with MKM at her parents’ address on the morning in question was arranged by him and/or also by MKM for the purpose of them having sexual contact. He said they had never discussed the possibility of having sexual contact with each other. He stated in his mind the primary purpose was to consume alcohol together and, ironically and tragically, to show her how to drink alcohol responsibly. Nonetheless he acknowledged he had found MKM to be physically attractive to him and said if he forced himself, even now, to think about the issue – he would most probably conclude prior to offending he did find MKM sexually attractive but would have resisted any move to be sexual with her because he acknowledged she was under the legal age and sexual contact with someone under the legal age was unacceptable. In this regard he assumes he became so intoxicated on alcohol his “sexual demons” emerged as a result of the disinhibiting effects of alcohol.”
This is a serious example of the crime of rape. This crime is integrally connected to the attempted murder, being the motive for it. It does, however, merit separate punishment. I am live to the need to avoid double punishment and the amount of accumulation for this offending will be moderate.
Your conduct in count 3, the production of child pornography, although connected to the rape, is separate from it. Taking the photographs and keeping them, particularly after you took the steps to murder MKM, are both disgusting and bizarre. Separate from the balance of the offending, this is a moderate example of production of child pornography, which carries a maximum term of 10 years’ imprisonment. Although you fall on that count to be sentenced as a serious sexual offender and I will have a declaration to that effect included in the records of the Court, it will have no other impact on the sentence imposed.
The crime of arson is directly connected to the attempted murder, but is in part separate from it. You poured petrol around the upstairs area of the house, meaning to burn the house down. That would also have had the effect of destroying evidence of your presence in the house. I received material after the plea, Exhibits 14A & B, which showed that you caused $80,000 damage to the house and $36,000 to the contents. At least one consequence of the arson was that life was then difficult for members of MKM’s family at a time when they were so concerned about the fate of their daughter. The maximum sentence for arson is 10 years’ imprisonment, but because of the close connection of the offending to other offences, for instance, some of the damage must have been caused by the attempted murder fire, I will impose only a moderate sentence and a relatively small period of accumulation.
Although both the counts of theft are unkind and part of count 6 was part of the cover-up of your offending, the offending is relatively minor and I will not accumulate any of the small sentences.
Mr P. Chadwick SC, who appeared on your behalf, tendered in evidence the report of Mr J.E. Cummins dated 15 June 2011, a report from Ms Catherine Baker, a psychologist who had seen you briefly in 2007 and 2008, references from Marie Hermogenes, your mother, Jose Lizardo, your daughter’s maternal grandfather, Justin Hermogenes, your cousin, and Ruth Guiao, a family friend. They all speak well of you and will give you support in the future.
A reference from Sister Anne Dixon, who has seen you in prison and a letter from Brendan Money of the Department of Corrections as to the likely circumstances of your detention were also tendered on your behalf. I have taken all the written material into account.
Your background is largely unremarkable. You were brought up in a loving family and you have the continuing support of your parents and brothers, for which you should be very grateful.
You were born in the Philippines on 22 January 1986 and you are now 25 years of age and were 24 years of age at the time of your offending. I will take your relative youth into account in sentencing you.
You came to Australia with your parents when you were three. You have two younger brothers, Raphael and Gabriel who are 22 and 21 respectively. The family lived in Hoppers Crossing but moved to Tarneit the weekend before these events. You were not happy with that decision and you were living in your car. Your parents have both been hard workers with good jobs and have encouraged you both in your studies and in your work. They have helped you find employment.
You attended the local Catholic primary and secondary schools. You did not do particularly well in Year 12, in direct contrast to one of your brothers.
You started a legal practice course at RMIT and did the first semester twice unsuccessfully before transferring to a criminal justice administration course. You did not persist with that course because of lack of interest. In 2009, you went back to secondary school at RMIT to repeat your VCE and completed Year 11 very successfully. Mr Cummins reported that you did not return to complete Year 12 in 2010 because your parents had asked you to repay money for the repair of your car, some $1500. You got a full time job in a call centre with Australian Power and Gas. You lost that job when you went to a cousin’s wedding in the Philippines, where you remained for three weeks. You had only had the job for a few months at that stage.
Your work history when a student was very good, working when aged 15 to 18 at McDonald’s and Coles part time when aged 19 to 21. When at the university, you worked at the same company as your mother on the afternoon shift.
You did not get on well with your parents, particularly your father, over a number of years, and they sought psychological support for you, including from Ms Baker, whose report I received. You regarded them as “pressuring” you, particularly relating to your studies.
You are a light drinker of alcohol. You have a six year old daughter who you would visit at weekends and you went to visit her after these events before you said you were later going to go to the police. You spoke to her on the phone regularly.
You had been in an on again off again relationship with LGO for about 18 months and you had a sexual relationship to a minor degree. The fact that you had been in that relationship makes your offending against her even harder to explain.
You had been brought up a Catholic and your parents had been active members of their local parish. When you were 20 or 21 you joined the congregation of the St Albans Uniting Church where you became a youth leader. It was there that you met MKM and her family and found your relationship with them.
You have said that you blacked out as a result of what you had to drink. That seems inconsistent with the taking of the photographs of MKM which commenced at 10.15am. By 11.14am, it seems that MKM was unconscious with her stockings around her neck and she was still in the bedroom. It is assumed that by 11.49am, you had dragged MKM to the bathroom. You rang her phone in an attempt to find it.
You were absent from the house from about 12.30pm to 2.00pm when you had ample time to think about what you were going to do.
In these circumstances the explanation given to Mr Cummins that you just panicked is at best simplistic as is your explanation about the use of alcohol.
You also told Mr Cummins that you were upset because of the move which your parents had made and because you had lost your job. You report yourself as suffering from a sexual addiction, but Mr Cummins regards that as an attempt by you to find an explanation for your actions, although he does regard it as being of some possible relevance to the count involving LGO.
Mr Cummins assessed your risk of sexual reoffending. He said,
“On the basis of the administration of these actuarial risk assessment tools, Mr Hermogenes would be assessed as falling at the upper end of the moderate risk range. This assessment then needs to be combined with an interview based assessment (otherwise known as an empirically guided risk assessment) and in my opinion his overall risk of sexual re-offending is at the upper end of the moderate risk range. I emphasise this assessment of his risk of re-offending may change in the course of him completing a sex offender treatment program and/or undertaking individual psychotherapy. This assessment risk may also change if his recollection regarding his offending behaviour improves and/or if his level of insight into his offending improves in the course of him participating in treatment.”
It is fair to say that Mr Cummins regarded you as relatively immature, and I accept that to be so. It does little, however, to mitigate offending such as this.
Mr Cummins under the heading “Opinion and Conclusion”, said this,
“In summary, Mr Hermogenes explained his offending against MKM as being reflective of his state of intoxication at the time in question. He stated he hasn’t ever been able to tolerate a significant quantity of alcohol. Nonetheless, he has pleaded guilty to a charge of rape and under circumstances where, as I understand the situation, there was no DNA evidence to support this charge. Rather, he has decided to plead guilty to the charge of rape because he thinks he may/would have had penetrative sexual contact with MKM, although he stated he has no specific recollection of this. He also remains vague about the issue of whether or not he attempted to strangle MKM, although at interview he acknowledged he had viewed movies which featured strangulation. He now states he has a sexual addiction and as far as I could ascertain he has come to this conclusion in order to explain the extreme nature of his offending behaviour, to himself. In any case, he stated he is anxiously awaiting the opportunity to participate in a sex offender treatment program and to also receive individual counselling if this is made available to him. He acknowledges he will inevitably serve a sentence of very significant duration. He hopes the sentence will leave him with some sense of hope although, simultaneously, he stated he has concluded he will most probably lose his life in custody because he will be attacked and killed because of the extreme and unacceptable nature of his offending behaviour. In my opinion he appears to be genuinely shocked and disgusted with his offending behaviour. In my opinion his current insight into his offending behaviour is limited. He stated his understanding of his offending is limited because he blacked out as a result of consuming too much alcohol. I appreciate his minimal recall for some aspects of his offending behaviour could simply be reflecting an unconsciously or consciously utilised defence mechanism on his behalf. He presents as being of average intelligence. He presents as someone who should be able to benefit from insight oriented psychotherapy. I currently assess his risk of reoffending at the upper level of the moderate range. In my opinion his risk of reoffending may reduce, depending upon what he learns about himself in the course of participating in a sex offender treatment program and/or individual psychotherapy. He should refrain from drinking alcohol on a permanent basis. In my opinion he does express genuine remorse concerning all three victims and particularly MKM. In my opinion his sense of remorse is inevitably diluted somewhat, reflective of his immaturity and his obvious psychological difficulty in coming to terms with the sheer magnitude and severity of his offending behaviour.”
Mr Cummins diagnosed you as suffering from a chronic Adjustment Disorder with Mixed Disturbance of Emotions and opined that there was some nexus between the disorder and “at least some elements of [your] offending behaviour”.
I do not accept and I do not think that it is suggested by Mr Cummins that such a diagnosis goes anywhere near explaining any of these events, let alone excusing them.
You have no prior convictions. I accept that you are remorseful in the way that it was set out by Mr Cummins. In view of his assessment that you are at the high end of a moderate risk of reoffending in a sexual way, your prospects of rehabilitation have to be treated as guarded.
I regard the powerful support you have from your parents as important. I regard your plea of guilty as significant in this case. Mr Chadwick asked me not to impose a crushing sentence. I have attempted not to impose such a sentence, but your offending is such that a very stern sentence is necessary. I have decided that you should have the opportunity of being on parole for five years.
I have fixed that period to give you the best chance to continue any rehabilitation which is able to commence when in prison.
I am obliged to have regard to denunciation and just punishment together with both general and specific deterrence and I have done so. When dealing with crimes such as these, the question of denunciation and just punishment are very important.
On count one, indecent assault, you are sentenced to imprisonment for two years.
On count two, rape, you are sentenced to be imprisoned for eight years.
On count three, production of child pornography, you are sentenced to be imprisoned for two years.
On count four, attempted murder, you are sentenced to be imprisoned for 16 years.
On count five, arson, you are sentenced to be imprisoned for three years.
On counts six and seven, theft, you are sentenced to be imprisoned for seven days on each count respectively.
I direct that six months of the sentence on count one be served cumulatively on count four and all other sentences.
I direct that three years of the sentence on count two be served cumulatively on count four and all other sentences.
I direct that 18 months of the sentence on count three be served concurrently with sentence on count four and all other sentences.
I direct that one year of the sentence on count five be served cumulatively on the sentence on count four and all other sentences.
I direct that seven days of each counts of theft, counts six and seven, be served concurrently on the sentence on count four and all other sentences.
That is a total effective sentence of 21 years.
I fix a non-parole period of 16 years before you are eligible for parole.
I declare that you have served 392 days pre-sentence detention and I order that this declaration and its details be entered in the records of the Court.
I indicate that, had it not been for your plea of guilty, I would have imposed a sentence a sentence of 24 years with a non-parole period of 19 or 20 years.
You are subject to be registered under the Sex Offenders Registration Act 2004 because of the effect of conviction for rape and indecent assault which, for present purposes, are to be treated as a Class 1 offence and a Class 2 offence. It is accepted that the appropriate reporting period is for life and I declare you subject to registration under the Sexual Offenders Registration Act 2004 for life.
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