CDPP v O'Halloran [2025] VCC 1409

Sentence: Total effective sentence - 3 years imprisonment - Recognisance release order - 12 months - $2,000 - Sex Offenders Registration Act for life - s 6AAA Declaration - 4 years 6 months' - Non-parole period of 3 years.

(a) One charge of using a carriage service to transmit indecent communications to a person believed to be under 16 years of age contrary to subsection 474.27A(1) of the Criminal Code Act 1995 (Cth) ('Criminal Code'), which attracts a maximum sentence of 10 years' imprisonment;

(b) Thirteen charges of soliciting child abuse material using a carriage service contrary to subsection 474.22(1) of the Criminal Code each of which attracts a maximum sentence of 15 years' imprisonment;

(c) One charge of using a carriage service to procure a person believed to be under 16 years of age contrary to subsection 474.27A(1) of the Criminal Code, which attracts a maximum sentence of 15 years' imprisonment; and

(d) One charge of possessing or controlling child abuse material obtained or accessed using a carriage service contrary to subsection 474.22A(1) of the Criminal Code, which attracts a maximum sentence of 15 years' imprisonment.

1. In addition, after your arraignment on the above charges, you admitted guilt in respect of the following offences pursuant to section 16BA of the Crimes Act 1914 (Cth) ('Crimes Act'):

(a) Thirteen charges of use a carriage service to transmit indecent communications to a person believed to be under 16, contrary to subsection 474.27A(1) of the Criminal Code.[1]

1. You agreed that these offences can be taken into account by the court in passing sentence on you in respect of the offences of which you have been convicted.[2]
2. I will return to the significance of the section 16BA items later in these reasons.

1. You are to be sentenced on the basis of the Summary of Prosecution Opening for Plea dated 13 May 2025 which is an agreed document.[3] The following is a summary of that document.
2. You are 33 years old and were aged between 30 and 31 during the offending (20 February 2023 - 21 December 2023).
3. Most of your offending involved the use a mobile phone and the 'Y99' chat website. 'Y99' is a free online chatroom which allows users to join without registration. It allows users to engage in private conversations where images and videos can be exchanged. You used the 'Teen Chats' chat room on the Y99 platform to engage with a number of other users. Screenshots of these communications were captured by police as part of their investigation.

1. On 20 February 2023, you engaged in text communications with a person with the username 'Adriana_15'. The person stated at the outset that she was 15 years old. You said that you were a 16 years old male.
2. You initiated sexualised conversation stating that he was 'dared to buy sexy panties for a girl I like' and that you pictured her profile picture in underwear saying 'u admittedly got me going'.
3. You asked 'if we were together what would u want to do?' and that 'I'd flirt with u like crazy, and I want to eat ur pussy'. When 'Adriana_15' said she was a virgin, you said 'that's OK...do you touch yourself much?'. Further messages sent by you were not responded to (Charge 1).

1. You used an Instagram account with the username 'sexii.boyjames'.
2. Between 14 April 2023 and 17 May 2023 you engaged in conversation with username 'misswieringa' via direct message. During that period of a little over one month you sent approximately 1,650 messages to 'misswieringa'. You sent an average of 50 messages per day.
3. You purported to be a 16 year old boy; 'misswieringa' told you that she was 13. You confirmed her age on 14 April 2023 and again on 20 April 2023.
4. You initiated sexualised conversation in your initial exchange by stating you were 'a little horny now'. Soon after you asked misswieringa' what she was wearing and asked for a photo. Misswieringa' sent you photos of a young girl.
5. On 14 April 2023, misswieringa' sent you an image of herself wearing a leotard as she performed a hand stand with her legs parted. On 18 April 2023 you transmitted the same image back to her with a black circle drawn around her genital region and soon after your wrote: 'I just gave myself a hard on looking at ur leotards' and 'my first thought when I circled ur home leotard, was what would I think if u didn't wear panties in that photo ... I know it's wrong I'm sorry'.
6. On numerous occasions between 21 April 2023 and 17 May 2023 you solicited child abuse material from 'misswieringa' by sending her the following messages (Charge 2):

(a) 21 April 2023: 'What about a video of u pulling your panties off?

(b) 21 April 2023_: 'Show me baby what ur doing'_

(c) 25 April 2023: Can I see u in ur panties? Or at least a small tease?

(d) 27 April 2023: Show me ur cute panties baby'

(e) 17 May 2023_: Would u do a strip tease for me? 'Do u have the time to give me a little taste of one? And 'U could film it and show ur bro as well._

1. You transmitted self-produced indecent images and videos of yourself to misswieringa' including, on 21 April 2023 a video of yourself masturbating your erect penis.
2. You transmitted many indecent communications to 'misswieringa' including:

(a) On 17 April 2023: 'Just got hard from that dream again tbh and u climbing onto my lap and just grinding me and teasing me to the brink of orgasm'

(b) 19 April 2023: 'I'd probably use 1-2 fingers to tease you/finger u'. 'But that 2nd finger would be a tight fit'. 'If I moved ur panties out of the way'.

(c) 23 April 2023: 'btw ur pussy being free from hair tastes so much better than girls with hair there'.

1. These are only a few of the messages you sent to misswieringa' of a similar nature. (Section 16BA Schedule, Item 1).

1. Between 27 May 2023 and 6 June 2023, you engaged in conversation with Y99 Teen Chat user 'Thatboyedier999'
2. You confirmed that 'Thatboyedier999' was a 13 year old female and said you were a 16 year old male.
3. You said 'feel free to ask me anything, nothing is off limits'. You transmitted indecent communications (Section 16BA Schedule, Item 2), including:

(a) Btw what panties do u wear with ur skirts?

(b) U know u gave my cock an erection

(c) I immediately thought of my cock resting between ur legs hitting ur bare pussy and potentially sliding in

(d) Would u enjoy me playing with ur clit? And eating ur pussy first?'

1. On 27 May 2023, you solicited child abuse material (Charge 3):

(a) So if u want u can show. Probs will make me horny as fuck.

(b) Can u send a pic when u get back? 'wish I could c part of u'.

1. You asked 'Thatboyedier999' how old she was and when she said '13' you wrote: 'I really want to fuck u so badly now'.

1. Between 10 and 26 June 2023 you engaged in conversation with Y99 Teen Chat user 'Trin1003'.
2. You asked at the outset for the age, sex and location of 'Trin1003', and she stated she was 13 years old, and female. You stated you were a 16 year-old male in Australia.
3. After discussing what they were each wearing, you initiated sexualised conversation, asking "would u hang out with me in ur panties?...although I just got a hard on at that thought". You asked what 'Trin1003' looks like, and she sent a picture to which you responded "Wow...ur breasts are perfect".
4. Following this and as the conversation continued, you sent indecent communications to 'Trin1003' (Section 16BA Schedule, Item 3), including:

(a) "wish I could get u naked"

(b) "So Id kiss ur neck and I slowly work my way down ur back"

(c) "I flip u over and massage u al over. And over to fuck u until u cant stand"

(d) "I lay down u climb on top, so I can lick ur hair free pussy and u suck me"

(e) "I shoot my load in ur mouth"

1. On 11 June 2023, you solicited child abuse material during the conversation (Charge 4), stating:

(a) "Show me ur beautiful body baby...I want to appreciate every inch of ur naked body"

(b) "U could do a photo strip tease now?"

(c) "U can do one of just in ur panties and bra?...If that makes u more comfortable"

1. Between 11 June 2023 and 15 July 2023, you engaged in conversation with Y99 Teen Chat user 'Boy2010'.
2. At the start of the conversation you confirmed the age and sex of the user as a 13 year-old male, and you purported to be a 16 year old male.
3. You initiated sexualised conversation by asking if 'Boy2010' is "straight, bi, gay?", then asking if he is a virgin. During the chat you sent indecent communications including:

(a) "Id love to suck ur cock"

(b) "Wish I could take ur virginity"

(c) "kinda wish I could jerk off with u"

(d) "Id let u fuck me"

(e) "Im going to jerk u off so hard that ur load is going to cover my face"

(f) "My mouth wraps around ur fat cock"

(g) "wish I could suck u and fuck u now"

(h) "Now get ur cock out and stroke it for daddy...aww wish I was there to help"

1. You also sent a photo of your penis to 'Boy2010', stating "that's mine with my foreskin back".
2. On 14 June 2023, you solicited child abuse material during the conversation (Charge 5), stating:

(a) "Could I see a pic of ur cock just hanging when soft?"

(b) "show me ur cock soft af"

1. Between 23 and 26 June 2023, you engaged in conversation with Y99 Teen Chat user 'Depressedandcuts'.
2. At the start of the conversation you confirmed the age and sex of the user as a 13 year-old female, while you purported to be a 16 year-old male. User 'Depressedandcuts' said she was from Oregon (USA), and you said he loves girls from Oregon, and said one of your exes is from Oregon too.
3. You initiated sexualised conversation by asking what 'Depressedandcuts' looks like and her height, then stating "perfect cuddling height and kissing". During the conversation you transmitted indecent communications to 'Depressedandcuts' including:

(a) "if I saw a full pic of u, I'd probably tell u how I'd make u stop walking from cumming so much"

(b) "what bra and panties ur wearing"

(c) "if I could I'd fly up to u and fuck u silly everyday"

(d) "I got to ur mysterious panties I gave ur pussy a kiss and a lick...slide my hand down ur panties and started playing with ur clit"

(e) "Imagine that tongue going up and down ur panties covering ur pussy"... "basically to the point u want me to take them off to eat u out proper and fuck u"

1. On 26 June 2023, you solicited child abuse material during the conversation (Charge 6). When you asked to see what user 'Depressedandcuts' was wearing, she said she is not allowed to do that. You later continued asking:

(a) "would u send something? If u were comfortable?"

(b) "I figure nudes u woud never do? what about cheeky panty shots?"

(c) if I saw ur panties I'd [do] something like that for u...could I c a pair of ur panties on ur bed?

1. Between 28 June 2023 and 2 July 2023, you engaged in conversation with Y99 Teen Chat user 'maci279'.
2. At the start of the conversation you asked the recipient's age, and 'maci279' stated she is a 12 year-old female. You stated you are a 16 year-old male, and said "is that ok?".
3. You initiated sexualised conversation, stating "feel free to ask whatever", and saying you were there for "chat, dirty talk and pretty much whatever." During the conversation you transmitted indecent communications to 'maci279' including:

(a) "damn those are amazing breasts fora 12 year old...wish i could have my cock between them and u drive me crazy"

(b) "my cock would love to slide and feel ur pussy juices"

(c) "wish I could take them off see ur beautiful pussy and eat u"

(d) "would u sit on my lap without ur bra and in ur panties with my cock out"

(e) "I'd totally eat u, and ur ass too if u were naughty enough...would u allow me to fuck u silly?"

1. You solicited child abuse material during the conversation on 28 June 2023 (Charge 7), sending the following requests:

(a) "would u send a pic of u in ur bra and panties?"

(b) "i could send a pic of my cock if u wanted? In return"

(c) "can u show me?"

1. Between 2 and 4 July 2023, you engaged in conversation with Y99 Teen Chat user 'Lunawolf21345'.
2. At the start of the chat you asked the recipient's age, who stated she is a 14 year-old female. You said you are a 15 year-old male.
3. The user 'Lunawolf21345' said she is looking for a relationship, and you said "same and dirty chat for me". During their conversation you sent indecent communications in the context of describing a 'role play date':

(a) "what panties r u wearing underneath?"

(b) "I give u a cheeky gift that I want u put on for tonight...it's a vibrator that I control"

(c) "I pull u in a for a kiss, and hit the button, u moan with pleasure as a result"

(d) "dont forget u still have ur vibrator in"

(e) "i kiss ur nipples"

1. You solicited child abuse material on 2 July 2023 (Charge 8), asking 'Lunawolf21345':

(a) "can u send me a cheeky pic if u want tease me?

1. Between 8 and 9 July 2023, you engaged in conversation with Y99 Teen Chat user 'Goofy320'.
2. At the start of the conversation you confirmed that 'Goofy320' was a 14 year-old female, and you purported to be a 16 year-old male.
3. 'Goofy320' said she had just been to the beach, and you said you wished he could see her in a bikini. User 'Goofy320' sent a photo, and you said "ur gorgeous...I'd totally hit on u if I could".
4. You initiated sexualised conversation and sent indecent communications to the recipient, including:

(a) "you are beautiful, and from what I can tell incredibly smart, and nice breasts for such a young person"

(b) "what would u say/do if I pulled u in for a cuddle (whilst ur in ur bikini) and u felt my thing pressing against ur bum?"

(c) "If I could id kiss ur neck whilst softly caressing ur soft beautiful skin, with my throbbing cock massaging ur tight bum"

(d) "i spread ur legs as u stand and my mouth covers ur pussy and i suck and lick it"

(e) "u pull my shorts and undies down exposing the hardest cock u ever seen"

(f) "I want u to gag and deep throat my cock...u make me shoot a hot heavy load into ur mouth"

(g) "sit on my face with ur exposed pussy...my tongue hits deep inside u"

(h) "I slowly and passionately fuck u, then pick up and fuck u hard, I get u on all 4s and fuck u hard in doggy"

(i) "I flip u back over grab ur throat bring u in as I fuck u hard and say whose your daddy? My cock comes out and I start fucking u in the ass, does that feel good baby?"

(j) "did u touch urself when I was sending it? ...wish I could have seen that"

1. During the conversation on 9 July 2023, you solicited child abuse material (Charge 9), asking user 'Goofy320':

(a) "could u show me in ur panties?"

(b) "pantie pic?"

1. On 9 July 2023, you engaged in conversation with Y99 Teen Chat user 'avateen'.1
2. User 'avateen' stated she is a 14 year-old female, and you purported to be a 16 year old male.
3. You solicited child abuse material from 'avateen', requesting (Charge 10):

(a) "can i c u in ur bra and panties first?"

(b) "ur gorgeous...pantie shot?...don't have face in a lot that girls sent me"

(c) "wish I could see ur pussy and ass"

(d) "show me ur whole body, or ur pussy, ass, and boott"

1. You also transmitted other indecent communications about sexualised conversation, as described below:

(a) "my tongue slowly rubbing up ur pussy"

(b) "my mouth covers ur pussy and i suck and lick"

(c) "I slowly insert a finger into ur pussy and hits ur g spot"

(d) "I'd even taste ur asshole

1. Between 14 and 15 July 2023, you engaged in conversation with Y99 Teen Chat user 'Hiiiiiiiiii_444'.
2. During the conversation, the user said he is a 13 year-old male, while you purported to be a 16 year-old male.
3. You initiated sexualised conversation, asking about the recipient's underwear and whether he is "cut or uncut?" You transmitted further indecent communications, including:

(a) "tbh if I could id have ur cock in my mouth blowing u"

(b) "how would u feel if I sucked ur dick till u shoot ur load deep into my mouth?".

1. During the conversation on 14 July 2023 you solicited child abuse material, requesting photographs from user 'Hiiiiiiiiii_444' (Charge 11):

(a) "wish I could see ur package. Probably me being horny doesnt help rn lol"

(b) "would love to see ur bulge in ur undies"

(c) "no photo came through. try again"

1. On 19 July 2023, the offender engaged in conversation with Y99 Teen Chat username 'Hazza1815'.18 63.
2. You asked the age of 'Hazza1815', who said he is 13 and male. You purported to be a 16 year-old male.
3. You asked if 'Hazza1815' is "bi or gay", and initiated sexualised conversation, including asking the recipient if he is "cut/uncut" and asking "ur cock handsome".
4. You then asked "can I see urs with. And without ur undies on?", and said "i could suck ur cock for days".
5. You then asked 'Hazza1815' to engage in sexual activity together on a video call (Charge 12):

(a) do u wanna jerk off toget[h]er?"

(b) "u got sc?...we can video call jerk through there...ok we can video call jerk on here"

(c) all u really gotta do is hold onto ur cock and go up and down with ur hand...u can copy what I'm doing"

1. On 26 July 2023 the offender engaged in conversation with Y99 Teen Chat user 'Jacob_Freeland'.
2. At the start of the conversation you asked the recipient for his age. User 'Jacob_Freeland' stated he is 13 years old, while you purported to be a 16 year-old male. You asked the user "u bi/gay?"
3. You solicited child abuse material, asking user 'Jacob_Freeland' to "send a pic of u in ur undies" (Charge 13).
4. You also transmitted further indecent communications, stating:

(a) "nice package...what if I liked the bulge"

(b) "tbh id suck that"

1. On 29 July 2023, you engaged in conversation with Y99 Teen Chat user 'Liam3780'.20 72. You asked for the age of 'Liam3780' at the start of the conversation. 'Liam3780' stated he is a 13 year-old male, and you purported to be a 16 year-old male.
2. You initiated sexualised conversation and transmitted indecent communications to 'Liam3780', including sending a photo of your penis, and stating:

(a) "u cut or uncut"

(b) "u soft or hard atm?"

(c) "ur actually huge for a 13 year old"

(d) "normally I am the one who has their cock in someones ass"

(e) "wish i could have that in my mouth"

1. During the chat about Liam3780's penis, you solicited child abuse material when you asked the recipient to "show if u want" (Charge 14)

1. On 1 August 2023 you engaged in conversation with Y99 Teen Chat user 'Findout26'.21 76. You asked the age and sex of the user, and 'Findout26' stated she is a 14 year-old female. You purported to be a 16 year old male.
2. You solicited child abuse material, asking user 'Findout26' (Charge 15):

(a) "can I c u in bra and panties?!"

(b) "u send pics of bra and panties first"..."I want something to cum to"

1. You also sent further indecent communications to 'Findout26' during the conversation, including a photo of your penis, stating "suck it baby".
2. During the chat, you also sent a mobile phone number to 'Findout26' for her to message, stating you would then send a video. You provided your own mobile phone number ...723).

Charge 16: possessing or controlling child abuse material

1. Police conducted an examination of the iPhone 11 and Toshiba USB drive seized from you on 21 December 2023.
2. The examination of your iPhone located child abuse material within the photo gallery and within the Telegram messages, as well as in your associated online cloud storage account with 'Mega.nz'. Child abuse material was also located on the Toshiba USB drive.
3. In total, police identified 150 files of child abuse material, made up of:

1. The files categorised as child abuse material depict sex acts between adults and children including the following examples:

(a) An adult male spreading the legs of a naked prepubescent female child, approximately 4 years of age, as he anally penetrates her with his erect penis.

(b) A prepubescent female, approximately 6 years of age, being grabbed by the hips by an adult male as he vaginally penetrates her. At the same time, a naked adult male forcibly grabs the victim's head as he shoves his erect penis in her mouth.

(c) An adult male uses his left hand to rub his erect penis against the bare vagina of a prepubescent female, approximately 5 years of age. The male repeatedly strokes his penis back and forth until he ejaculates on the child's vagina.

(d) A naked prepubescent female child, approximately 8 years of age, having her hair firmly grasped by an adult male while he ejaculates into her mouth after she performs oral sex on him.

(e) A naked prepubescent female child, approximately 7 years of age, lays naked on her back with her eyes squinted as an adult male strokes his erect penis above her before ejaculating all over her face.

(f) An adult male vaginally penetrating a female child, approximately 6 years of age, as she is bent over in bed. The male continues to penetrate the victim until he ejaculates inside her vagina, then pulling his penis out and focusing the camera on his ejaculate dripping out of the victim's vagina.

1. This material is among the worst examples I have come across as a Judge.
2. Each child depicted in these videos and images is a real child. The viewing by people such as you of these videos and images is the demand that leads to the supply of this material and the horrible exploitation of these children.

1. All of the charges to which you have pleaded guilty are 'federal offences'. The court is guided in sentencing you by the regime set out in the Crimes Act 1914. In sentencing you, I must impose a sentence that is of a severity appropriate in all the circumstances of the offence.[4]
2. I take into account the matters set out in Part 1B of Crimes Act. In particular, I have had regard to section 16A(2) which sets out a non-exhaustive list of factors that must be taken into account as far as they are relevant and known to the court.
3. I will address each of the relevant paragraphs in section 16A(2) in turn.

Nature and Circumstances of the Offence & Offence committed as a course of conduct - section 16A(2)(a) & (c)

1. Although this paragraph does not refer expressly to assessing the 'objective gravity' of the offending in question, it is recognised that this is part of the task the court must complete under paragraph (a).[5]
2. CAM offences are, obviously enough, extremely serious offences as reflected by the maximum penalty of 15 years' imprisonment on all of charges with the exception of charge 1 which carries a maximum penalty of 10 years' imprisonment.
3. Charge 1 is a single day transmission charge to a recipient you thought was 15. It is a lower level example of the offence having regard to the content of the messages you sent.
4. Charges 2-11, 13-15 are concerned with soliciting CAM using a carriage service. Each charge is concerned with a different person who you believed was under the age of 16. In many of the cases, you believed that you were seeking CAM from a person aged 12 or 13.
5. The objective seriousness of these offences is to be assessed by reference to:

(a) the age difference between the victim and the offender;

(b) the duration of the communications;

(c) the presence of manipulation, inducements or requests to keep the communications secret;

(d) whether the offender disguised their true age or identity; and

(e) the nature and content of the communications.[6]

1. Applying these principles to your offending, I have concluded that the most serious of the offences is charge 2, for the following reasons:

(a) You understood that your victim was 13 years old;

(b) You lied about your age saying you were 16 when you were in fact 31;

(c) Your offending spanned a period of more than 4 weeks and consisted of a very large number of communications; and

(d) The communications included both photographs of your erect penis that you transmitted and numerous requests for videos and images as well as numerous conversations that were sexually explicit.

1. I consider that this is at least a mid-range example of the offence of soliciting child abuse material from a person you believed was under the age of 16.
2. The section 16BA schedule offence of transmitting is also at least a mid-range example for essentially the same reasons.
3. Charges 3 and 4 and the associated scheduled offences are also serious examples of the offences. The offending in each case occurred over several weeks.
4. The remaining soliciting charges (5-11, 13 and 14) and accompanying transmitting charges are less serious as the offending occurred on one day or over a few days. However, the content of the transmissions and the nature of the requests are all concerning. It is also aggravating that you disguised your identity in all cases and further that you were encouraging your victims to create child abuse material and not just soliciting its transmission.[7]
5. I note that there is no proof that any of the recipients of the messages you transmitted were actually children under the age of 16. It is possible that, like you, they were adults pretending to be under age. If they were children, that would significantly aggravate your offending.
6. Charge 12 is a lower level example of the precuring offence, it occurred on one day and no meeting was arranged by you with the person concerned.
7. Turning to charge 16, this is a charge of possessing or controlling child abuse material. The contents of a selection of the videos were summarised earlier and can only be described as depraved.
8. The New South Wales Court of Criminal Appeal, in the oft-cited case of R v De Leeuw,[8] summarised the factors that intermediate appellate courts throughout Australia have consistently applied in determining the objective gravity of such offences:

(a) the nature and content of the material, in particular the age of the children and the gravity of the sexual activity depicted;

(b) the number of items or images possessed;

(c) whether the material is for the purpose of sale or further distribution;

(d) whether the offender will profit from the offence;

(e) in the case of possession or access of child pornography for personal use, the number of children depicted and thereby victimised; and

(f) the length of time for which the pornographic material was possessed.

1. Having regard to these factors, charge 16 is an egregious example of the offence of possessing child abuse material notwithstanding that it relates to one day and there is no suggestion of you profiting from the offending. The content is extremely depraved and although the number of videos is not as great as is often seen, it is a significant collection nonetheless.
2. Viewed holistically, your offending is serious. It spanned a period of 10 months and only came to an end when police intervened.
3. As noted earlier in these reasons, it is apparent from statements you made to your victims that you were aware that what you were doing was wrong. You had ample opportunity to desist but chose to continue offending.

Contrition and guilty plea - section 16A(2)(f)&(g)

1. There is some evidence before the court of your contrition and remorse. I accept that this is genuine.
2. Your early plea of guilty is further evidence of remorse and is evidence of your acceptance of responsibility. Importantly, you have saved witnesses the anxiety of giving evidence at your trial and you have saved the community the expense associated with a trial.

Cooperation with Law Enforcement - section 16A(2)(h)

1. You co-operated with the authorities by providing your passwords when asked. This is to your credit.

Character, antecedents, age, mental health, etc - section 16A(2)(m)

1. Compared to many of those in this court, you enjoyed a fairly normal suburban upbringing in a loving family. You received a quality education at a private school where you played sport and completed the Victorian Certificate of Education. You commenced a Diploma in Health Sciences through Melbourne Institute of Business and Technology before transferring to the Victoria University of Technology where you completed a Bachelor of Exercise Science in 2018.
2. You have worked officiating basketball, as an office assistant and more recently in a warehouse.
3. You formed a relationship with Tayla after meeting during secondary school. You married Tayla and she gave birth to a daughter Ryliegh who was born with a mild form of spina bifida.
4. You were involved in a motor vehicle accident in May of 2021 which caused you to take several months off work. You returned to work at the end of 2023 as a crossing supervisor. This work ended when you were charged.
5. Your marriage also ended after you were charged with these offences. Since your separation, you have lived in a home owned by your father in South Yarra.
6. You are of good character and have no antecedents.
7. You were between 31 and 32 years of age at the time of your offending and are now 33.
8. You have been engaged in the Sex-Offender Treatment Program (SOTP) with Mr Geoffrey Burrows since 19 September 2024. Mr Burrows provided the court with three reports dated 26 January 2025,[9] 7 May 2025[10] and 27 August 2025[11] respectively. In addition, Mr Burrows gave evidence at the plea hearing on Monday 1 September 2025.
9. I will now summarise the contents of these three reports as well as the oral evidence of Mr Burrows.
10. In his first report, Mr Burrows describes the treatment he has provided to assist you to gain insight into the underlying motivations for your offending behaviour to enhance your victim empathy and to develop a solid relapse prevention plan. As at 26 January 2025, you had demonstrated an improved understanding of the destructive impact of your engaging in sexualised conversations with children. You required further intervention.
11. Mr Burrows's second report summarised the further treatment he had provided you and the further progress you were making. It recommended that the treatment should continue.
12. In his third and more detailed report, Mr Burrows noted that you had participated in 25 sessions of the SOTP. Your developing insight into the reasons for your offending meant that you were able to acknowledge that you had viewed CAM 'for the purpose of sexual arousal'.[12]
13. While you acknowledged experiencing sexual arousal in response to CAM involving pubescent children, Mr Burrows considered that it was unclear whether you were sexually aroused by pre-pubescent material. He recommended further interventions to explore this question.[13]
14. In his oral evidence, Mr Burrows informed the court that, in his most recent session with you, you admitted being sexually attracted to prepubescent children. He noted that A/Prof Sullivan had not reached a view about whether you suffer from paedophilic disorder but that this most recent information may well confirm the existence of this mental impairment.
15. Your lawyers arranged for you to be assessed by Associate Professor Danny Sullivan, consultant Forensic and Adult Psychiatrist. A/Professor's Sullivan report of his finding dated 25 June 2024 is before the court.[14] He met with you on 29 May 2024 and took a detailed family, medical and psychiatric history.
16. A/Prof Sullivan reports that you were vague about how you came to see child pornography, saying it just 'popped up'.[15] You were also vague about how you came to participate in internet chat rooms. He diagnosed you with recurrent major depressive disorder with anxious distress currently of moderate severity. He also identified symptoms consistent with post-traumatic stress disorder of mild to moderate severity.
17. A/Prof Sullivan recommended that you be assessed for formal offence-specific intervention which may involve the CEM-COPE program which is specifically for child abuse material offending. A/Prof Sullivan considered that you were fit to stand trial as you were aware of the nature and quality of your conduct and you did not suffer any mental impairment at the relevant time which would have prevented you from reasoning with a moderate degree of sense and composure about the wrongfulness of your conduct.[16]
18. A/Prof Sullivan considered that your offending behaviour may be related to paedophilic disorder but as you were married and fathered a child, he considered it is unlikely that you have an exclusive sexual arousal to children. As it is likely that your sexuality is negatively impacted by your poor self-esteem, he considers that it is likely that 'depression and poor social esteem are at least partially correlated with retreat into sexual fantasy' and may have reduced your ability for calm and rational thought although not necessarily impairing your ability to think clearly and calmly. He opines that 'there is no indication that the offending was associated with disinhibition, impairment of awareness of wrongfulness of the conduct, or obscured the intent of the [offending]'.[17]
19. A/Prof Sullivan considers that, because of your depressive disorder and PTSD, you will experience incarceration as more burdensome. While the treatment of your obesity will likely be less effective than would be the case in the community, you should be able to obtain mental health input commensurate with that where you receive in the community. However you will be at significantly increased risk of self-harm or suicide.[18]
20. You told Associate Professor Sullivan that you believed you may have sustained an acquired brain injury (ABI) 'which caused the interest in child pornography'.[19] There was also some evidence of attentional and learning difficulties. A/Prof Sullivan recommended formal neuropsychological testing to explore these questions.
21. On 26 July 2024 you were assessed by Dr Jennifer McDowall, Clinical Neuropsychologist. The testing carried out by Dr McDowall was unable to conform or deny the presence of an underlying ABI. However, Dr McDowall noted the lack of strong supportive evidence to suggest you suffered an ABI and opined that 'the variable attentional difficulties [you] demonstrated on testing do not explain [your] offending behaviour'.[20]

Matters Personal & Probable Effect of Any Sentence on Family or Dependents - section 16A(2)(m) & (p)

1. Paragraphs (m) and (p) of section 16A(2) require me to consider matters personal to you and the impact of any sentence on your family.
2. The court received character references from members of your family:

(a) Your older sister Briony Power;

(b) Your other sister, Tessa O'Halloran;

(c) Your mother, Kathryn Watts; and

(d) Vincent O'Halloran, your father.

1. In addition, I heard from your sister Dr Tessa O'Halloran.
2. You are most fortunate that your retain the support of these loving members of your family each of whom were in court to support you. Each of them speak of the challenges you have faced in your life and claim that your offending is out of character. All ask for the court to enable you to continue with your treatment in the community.
3. I have no doubt that if you are incarcerated this will have a profound impact on both you and those who love you. This will be your first time in custody.
4. However, because general deterrence is the prominent sentencing factor in cases involving child sexual offending, factors such as prior good character and family impact and support are of less significance in the sentencing synthesis than is generally the case.[21]

Prospects of Rehabilitation - section 16A(2)(n)

1. On the positive side, you have no previous exposure to the criminal justice system and have not offended while on bail. You have no history of substance abuse. You have the support of your parents and siblings and you have voluntarily participated in the SOTP with Mr Burrows. Within the limits of your developing insight, you are remorseful for your offending.
2. As against that, according to both Mr Burrows and Mr Newton, you exhibit characteristics of a man who is sexually attracted to underage females and you have been prepared to act on that attraction. While your participation in treatment has enabled you to make some progress, you have a long way to go. I have discussed your ongoing risk of offending earlier in my reasons.
3. Your prospects of rehabilitation are closely tied to your ongoing involvement in the SOTP. I accept that you are motivated to continue with the treatment. If you continue to engage with the program, I assess your prospects of rehabilitation as good.

1. The Court was referred by the prosecution to seven appellate decisions concerning sentencing for child abuse material offences under Commonwealth and State law.[22]
2. I have read each of these decisions and, within the limits explained by the High Court of Australia in DPP v Dalgleish[23] and Wong v The Queen,[24] have been assisted by them in determining the appropriate sentences to impose in your case.
3. As explained by the High Court, a consideration of such decisions assists a sentencing court to identify the correct sentencing principles to be applied. A court does not attempt to achieve numerical consistency.[25]

1. Sub-section 16A(2AAA) of the Crimes Act provides an additional obligation on a court sentencing an offender for a 'Commonwealth child sex offence'[26] to have regard to the objective of rehabilitating the person, including:

(a) when making an order--to impose any conditions about rehabilitation or treatment options; and

(b) in determining the length of any sentence or non-parole period--to include sufficient time for the person to undertake a rehabilitation program.

1. I am also mindful of the principle of parsimony - imprisonment is a sentence of last resort.[27]
2. Section 19(5) of the Crimes Act creates a presumption in favour of accumulation in respect of these charges. However, total cumulation is not mandated. As the authorities make clear, in accordance with section 19(6), the presumption does not apply if the court is satisfied that by imposing the sentences in a different manner, this would still result in sentences that are of the severity appropriate in the circumstances thus meeting the standard mandated by section 16A(1).
3. In particular, a court must still apply the principle of totality.[28] In doing so the court must state its reasons for imposing a sentence that is not entirely cumulative and cause its reasons to be entered in the records of the court.[29]
4. Cumulation is to be achieved by fixing later commencement dates for the second and subsequent sentences to ensure there is no gap in the sentence.[30]
5. The fixing of a minimum term to be served is to be achieved by either setting a non-parole period or making a recognizance release order. The former must occur where the sentence exceeds three years; the latter is for sentences that are of three years or less.[31]
6. A recognizance release order is an order that an offender be released upon giving security generally after serving a specified period of imprisonment calculated in accordance with section 19AF. The offender will be required to be of good behaviour for a specified period of time.

1. Of particular importance to your case, where an offender who is being sentenced for a 'Commonwealth child sex offence' that was committed after 23 June 2020 is released on a recognizance release order, there is a presumption that the offender will serve an actual period in custody unless 'exceptional circumstances' exist.[32]
2. As I have determined that you should be released on an RRO, I must apply this test. Your counsel contended that it is satisfied; the prosecution demurred.
3. I commence with the applicable principles. In the case of R v Middleton,[33] Loukas-Karlson J of the ACT Supreme Court explained that:

... [this] amendment to the Crimes Act [is] intended to reflect the exceptionally serious nature of these crimes, consistent with the position of intermediate appellate courts in recognising that a term of imprisonment will usually be expected for offending of this type.[34]

1. The statutory presumption to which her Honour referred is found in section 20(1)(b) of the Crimes Act, which relevantly provides that where a person is convicted of federal offences, the court may, "if it thinks fit":

(b) sentence the person to imprisonment in respect of the offence or each offence but direct, by order, that the person be released, upon giving security of the kind referred to in paragraph (a): ...

(ii) if at least one of the offences is a Commonwealth child sex offence and the court is not satisfied that there are exceptional circumstances - after the person has served a specified period of imprisonment that is calculated in accordance with subsection 19AF(1);

(iii) if at least one of the offences is a Commonwealth child sex offence and the court is satisfied that there are exceptional circumstances--immediately.

1. It follows that, in a case such as yours, involving as it does several 'Commonwealth child sex offences', this court may only release you without requiring you to serve an actual period of imprisonment if satisfied that there are 'exceptional circumstances'.
2. Although the phrase 'exceptional circumstances' is not defined, it is generally accepted that any mitigating circumstances relied upon by an offender are to be considered in the context of all of the circumstances of the case including the objective gravity of the offending, the moral culpability of the offender and the applicable sentencing considerations which, as I have noted, in the case of child sex offending, emphasise the need for general deterrence.[35]
3. As it featured in your counsel's sentencing submissions it is necessary to explore the concept of moral culpability. In a recent decision, the New South Wales Court of Criminal Appeal distilled the relevant legal principles:

The assessment of moral culpability is made by reference to matters subjective to an offender. That assessment is not made by a consideration of factors removed from an offender's subjective circumstances. An offender's moral culpability may be reduced by reason of a background of deprivation, mental health conditions and youth. In some cases, there will be an interplay between several subjective factors that may have a cumulative effect on the reduction of moral culpability.

It is incumbent upon a sentencing judge to first assess whether that background operates to reduce the offender's moral blameworthiness for the offending. For example, the exposure to domestic and family violence or alcohol and drug use, during an offender's formative years, may operate to normalise that conduct such as to have an impact upon their capacity to reason, appreciate the full wrongfulness of their actions, control their conduct, understand the consequences of their offending, and may impair their capacity for emotional regulation, and increase immaturity and impulsivity.

A sentencing judge is then required to consider how the offender's reduced moral culpability, and the reason for that reduction, bears upon the weight to be attached to the various sentencing factors such as general and specific deterrence, protection of the community, retribution and promotion of rehabilitation. A reduction in moral culpability may also have an impact upon other sentencing considerations including but not limited to a finding of special circumstances.

A reduction in moral culpability does not automatically translate to a reduced sentence: A sentencing judge is required to have regard, as far as is relevant, to countervailing factors which may include the protection of the community and the need for the sentence to vindicate the dignity of the victim and reflect the community's disapproval of the offending.[36]

1. Returning to the Crimes Act, while circumstances need not be unique to be considered exceptional, they cannot be circumstances that occur regularly or commonly. Finally, it is recognised that the interaction of factors which, of themselves, may not be exceptional can, when considered cumulatively, be considered exceptional. This is the point made by your counsel.
2. In determining the period to be served, a court will take into account the same considerations as were considered in setting the head sentence(s), but the weight to be attached to those considerations may vary having regard to the different purposes to be served.[37] Just as when a court sets a non-parole period, the pre-release period is to be the minimum period that the prisoner should serve in custody before their punishment is mitigated in favour of their rehabilitation.[38]
3. Finally, a child sex offender released on a recognizance release order must be supervised by a probation officer in the community and must 'undertake such treatment or rehabilitation programs that the officer reasonably directs'.[39]

1. Your counsel acknowledged that while the objective features of your offending 'render it a non-trivial example of such offending', your moral culpability is reduced to such an extent that you are 'not an ideal vehicle for general deterrence and denunciation'.[40] It was on this basis that it was argued on your behalf by Mr Morrisey that the court should find that the circumstances of your case are 'exceptional' so as to enliven the discretion not to require you to serve any term of imprisonment it imposes immediately.[41] The 'exceptional' nature of the circumstances are said to be made up by your personal history and especially your mental health struggles. Reliance was placed on limb 1 of the well known Verdins principles. Mr Morrisey also referred to the progress you have made while being treated by Mr Burrows.
2. This submission was opposed by the prosecution. Mr Sprague, who appeared for the Commonwealth Director, submitted that having regard to the seriousness of the offending, 'a sentence of imprisonment involving a period of imprisonment to be served is the only appropriate disposition'. He submitted that it is open to the court 'to provide for release either by way of a non-parole period, or on a recognisance release order'.[42] In response to the Verdins argument, the prosecution's position was that your moral culpability 'is reduced only to a very limited degree'.[43] Mr Sprague distinguished your circumstances from a case where an offender who commits similar crimes has an intellectual disability. He submitted that you remain a suitable vehicle for general deterrence.
3. It is therefore necessary to carefully consider both the Verdins limbs 1 and 3 principles and the evidence upon which your counsel relies.
4. Starting with the applicable legal principles, in the case of Verdins, the Court of Appeal recognised that:

Where an offender suffers from a mental impairment, this '... 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; and

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.[44]

1. The onus is on the offender to establish the application of these principles based on the evidence before the court. The Court of Appeal has repeatedly explained that the application of these principles requires 'evidence-based decision making' on the part of the judiciary. Such decision-making must involve 'a rigorous evaluation of the evidence'.[45]
2. To apply Verdins, a sentencing judge needs '... a clear well-founded expert opinion as to the nature and extent of the offender's impairment of mental functioning and, so far as can be assessed, of its likely impact on the offender at the time of the offending and/or in the foreseeable future'.[46]
3. The application of limb 1 of Verdins requires a court to be satisfied that an identified mental impairment has distorted the offender's decision-making or has affected their ability to exercise appropriate self-control that 'the resulting criminal conduct is - to that extent - to be regarded as involuntary'.[47] Where this is established on the evidence, the court may view the offender's moral culpability and the need for specific (and general) deterrence as reduced'.[48]
4. In a passage relied upon by your counsel, A/Prof Sullivan opines that 'it is likely that depression and poor social esteem are at least partially correlated with retreat into sexual fantasy and may have reduced his ability to think clearly and calmly'.[49] However, I note that, in the same paragraph, A/Prof Sullivan goes on to observe that 'there is no indication that the offending was associated with disinhibition, impairment of awareness of wrongfulness of the conduct, or obscured the intent of [offending]'.
5. Reliance is also placed on Mr Newton's conclusion that 'it is considered more likely that not that [you were] suffering the effects of ... depressive disorder at the time of [your] offending.' He notes that such depression 'is likely to have contributed to an increase in [your] level of interpersonal "neediness", exacerbating pre-existing vulnerabilities in [your] personality, ... compounding difficulties in [your] marriage and making it more difficult for [you] to motivate [yourself] to address them'.[50] However, he opines that 'these effects are likely to have been mild in severity'.[51]
6. When Mr Newton directly addresses a question about your moral culpability, he opines that your awareness of the wrongfulness of your conduct and its likely impact remained intact at all times and that you found the 'transgressive' element of your offending to be stimulating.[52]
7. It is concerning that, according to Mr Newton, you rationalised your offending conduct as "'educational' in terms of the complainant's sexual development and "harmless" since it occurred online'.[53] You provided similar explanations to Mr Burrows, who describes such views as 'offence-supporting cognitions' which he characterises as 'extremely misguided' beliefs.[54]
8. Mr Newton observes that such rationalisations helped you to minimise the harm you caused the victims. When he pointed this out to you and challenged you, you were able to 'demonstrate only a superficial capacity to critique them'. He concludes that, as at 7 June 2025, after 17 sessions with Mr Burrows, your empathy for the suffering of the victims remains at an early stage of development'.[55]
9. As discussed earlier, an aggravating feature of the soliciting charges is that you disguised your true identity by posing as a 16 year old boy. You told Mr Burrows that you did this because 'it reminded [you] of a simpler time in [your] life'.[56] However, I consider it is more likely that you did this to encourage the people with whom you were chatting to feel more comfortable communicating with you. As your counsel acknowledged, your conduct 'appeared to be manipulative of the persons approached'.[57] This is relevant to my assessment of your moral culpability and potential application of limb 1 of Verdins.
10. On balance, having regard to the evidence before the court, there is only weak support for the application of Verdins limb 1. Your moral responsibility for your offending is considerable. Having regard to the totality of the evidence before the court, especially your disordered lifestyle during the period of your offending I have slightly moderated the sentence to reflect your slightly reduced moral responsibility.
11. An example of a case that satisfied the 'exceptional circumstances' test is R v Bredal.[58] The factors relied upon were that the offender, who faced a single charge of grooming had voluntarily withdrawn from the offending and he had a role in caring for three children with special needs. A further example is provided by Woods v R.[59] He faced a single charge of grooming. He suffered from a number of significant mental health conditions and had an intellectual disability which meant that he functioned at the level of a 14 year old boy.

Effect of incarceration - Verdins limbs 5 and 6

1. The evidence is considerable stronger in relation to limbs 5 and 6 of Verdins. I accept that you will find prison life more difficult than would a person who does not suffer from your mental ill-health. I also accept that there is a real risk that your health may suffer during any period of incarceration.[60]
2. I have moderated both your head sentence and the period you will be required to actually serve on account of these matters.

Other offences permitted to be taken into account - section 16A(2)(b)

1. The correct approach that a sentencing court is to take where the prosecution invokes section 16BA of the Crimes Act was explained in relation to the equivalent New South Wales provision in the case of Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002.[61]
2. The NSW Court of Criminal Appeal in that case explained that a sentencing Judge takes into account the scheduled offences for which guilt has been admitted 'with a view to increasing the penalty that would otherwise be appropriate for the particular offence'. This is done by 'giving greater weight to the need for personal deterrence' and 'the community's entitlement to extract retribution for serious offences when there are other offences for which no punishment has in fact been imposed'.[62]
3. The 13 offences on the section 16BA notice all concern the offence of transmitting an indecent communication to a person believed by the sender to be under the age of 16 years. 'Indecent' in this context means 'indecent according to the standards of ordinary people'.[63]
4. The relevant facts have been summarised earlier in these reasons.
5. The seriousness of a given offence against section 474.27A(1) will be informed by all of the circumstances including:

(a) The number of transmissions and the period over which they were made;

(b) The age of the person to whom the sender believes they are making the transmissions; and

(c) The nature of the material transmitted, i.e. its degree of indecency.

1. On any view of the evidence, yours were serious examples of this offence. In particular, items 1-4 on the list involved transmissions that spanned over several weeks. On a number of occasions you believed that you were making the transmissions to children aged as young as 12. Finally, in many cases the transmissions were grossly indecent.
2. I have increased the penalty that I would otherwise have imposed on Charges 2-11, 13-15 by taking into account these additional offences and have certified accordingly.[64]

1. As noted earlier, I have concluded that a sentence of three years or less adequately meets the circumstances of your case. You will be released on an RRO to further undergo offence-specific treatment. This is ultimately the best way to protect the community from you in the future. In so doing I am giving effect to the requirement for the sentence I impose to rehabilitate you.[65]
2. However, while giving full effect to the mitigating circumstances identified by your counsel, the importance of the principles of general deterrence and denunciation mean that the statutory presumption that you be immediately incarcerated is not displaced. The circumstances of your case are not exceptional.
3. As discussed earlier, your moral blameworthiness for your offending is considerable. That it is significantly reduced was the central argument advanced by your counsel in support of the contention that the circumstances of your case are exceptional, an argument that I have rejected.
4. Turning to the other aspects of your circumstances, it is the sad reality that this court deals with many cases of offending involving men viewing, possessing, soliciting and transmitting child abuse material. In many of those cases, the offenders suffer from conditions such as depression, anxiety and PTSD. Many live in isolation from their families while paying inadequate attention to their personal hygiene and welfare.[66] In other words, your circumstances, while most unfortunate, are not exceptional.
5. Yours was serious and sustained offending involving multiple young victims. As the Court of Appeal explained in 2017:

The ease with which offences of this kind are committed using the internet makes it imperative that those who might be inclined to act in this way should be made aware that, if detected, they will face very lengthy terms of imprisonment indeed.[67]

1. A significant number of cases involving the use of the internet to solicit and transmit CAM are heard in this Court. In the case of DPP (Cth) v Watson, the Court of Appeal observed that:

'... any evaluation of the adequacy of sentences for offending in the use of the internet for the purposes of creating, obtaining or transmitting child pornography must be informed by the fact that this medium is a rapidly developing and easy means by which vulnerable children are exploited. The expanding breadth of offending and increased maximum penalties reflects the gravity with which the legislature views this form of offending in the area of child pornography'.[68]

1. In the intervening decade, this type of offending is if anything becoming more prevalent. The courts must play our part in addressing the terrible damage such offending causes to children.
2. I have determined that you should be immediately imprisoned and are not to be released from custody until you have served 12 months.

(a) On charge 16, possessing or controlling child abuse material obtained or accessed using a carriage service you are convicted and sentenced to 18 months' imprisonment commencing today, 15 September 2025.

(b) On charge 1, using a carriage service to transmit indecent communications to a person believed to be under 16 years of age, you are convicted and sentenced to 6 months' imprisonment commencing 15 March 2026.

(c) On charge 2, soliciting child abuse material using a carriage service, you are convicted and sentenced to 18 months' imprisonment commencing 15 April 2026.

(d) On charge 3, soliciting child abuse material using a carriage service, you are convicted and sentenced to 12 months' imprisonment commencing 15 June 2026.

(e) On charge 4, soliciting child abuse material using a carriage service, you are convicted and sentenced to 12 months' imprisonment commencing 15 August 2026.

(f) On charge 5, soliciting child abuse material using a carriage service, you are convicted and sentenced to 12 months' imprisonment commencing 15 October 2026.

(g) On charge 6, soliciting child abuse material using a carriage service, you are convicted and sentenced to 9 months' imprisonment commencing 15 December 2026.

(h) On charge 7, soliciting child abuse material using a carriage service, you are convicted and sentenced to 9 months' imprisonment commencing 15 February 2027.

(i) On charge 8, soliciting child abuse material using a carriage service, you are convicted and sentenced to 8 months' imprisonment commencing 15 April 2027.

(j) On charge 9, soliciting child abuse material using a carriage service, you are convicted and sentenced to 6 months' imprisonment commencing 15 June 2027.

(k) On charge 10, soliciting child abuse material using a carriage service, you are convicted and sentenced to 5 months' imprisonment commencing 15 August 2027.

(l) On charge 11, soliciting child abuse material using a carriage service, you are convicted and sentenced to 6 months' imprisonment commencing 15 October 2027.

(m) On charge 12, using a carriage service to procure a person believed to be under 16 years of age, you are convicted and sentenced to 12 months' imprisonment commencing 15 September 2027.

(n) On charge 13, soliciting child abuse material using a carriage service, you are convicted and sentenced to 6 months' imprisonment commencing 15 February 2028.

(o) On charge 14, soliciting child abuse material using a carriage service, you are convicted and sentenced to 6 months' imprisonment commencing 15 March 2028.

(p) On charge 15, soliciting child abuse material using a carriage service, you are convicted and sentenced to 6 months' imprisonment commencing 15 March 2028.

1. The total effective federal sentence will be 3 years.
2. I note pursuant to section 19(6) of the Crimes Act I have not imposed sentences that are wholly cumulative in regard to all of the considerations set out in these reasons. In particular, giving full effect to your personal circumstances and the overlap in the offences.
3. I make an order under section 20(1)(b)(ii) of the Crimes Act that you be released after serving 12 months upon entering into a recognisance in the sum of $2,000 to comply with the following conditions, that you:

a) be subject to the supervision of a probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of two years; and

b) obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and

1. not travel interstate or overseas without the written permission of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and

d) undertake such treatment or rehabilitation programs that the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) reasonably directs; and

e) report to the Melbourne Community Corrections Centre located at 50 Franklin Street Melbourne VIC 3000 within two clear working days of the date of your release from custody; and

f) report to, and receive visits from, a Community Corrections officer or officers; and

g) notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change; and

h) attend for assessment and, if assessed as suitable, treatment for sex offender programs or programs to reduce re-offending as directed by Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee.

1. It is necessary for me to explain a number of aspects of this order.
2. First, the purpose of the order is to ensure that when you are released from custody into the community you are supervised by corrections officers for a period of two years and that you obey their lawful directions. This is to promote your rehabilitation and therefore reduce the risk of any further offending by you. There will be significant limitations on your liberty during the period of the order.
3. Secondly, if you fail to comply with the conditions of the Order, without reasonable excuse, you may be brought back before this court and punished for that breach. You may also be re-sentenced on the original offending.
4. Finally, the Order may be discharged or varied by this Court under section 20AA of the Crimes Act.
5. Do you understand what I have told you about the Order? Do you agree to be bound by the Order?
6. You will now be given a copy of the Order to sign.
7. As a result of your conviction on Charges 1, 2 and 3, you are required to comply with the reporting requirements of the Sex Offenders Registration Act 2004 (Vic).[69] The reporting period is for life. These obligations are onerous and you should seek advice about them as breaches of these obligations can have significant consequences for you.
8. Finally, pursuant to section 6AAA of the Sentencing Act 1991 (Vic), I declare that, but for your pleas of guilty, I would have sentenced you to 4 years and 6 months' imprisonment with a non-parole period of 3 years.

[1] This offence carries a maximum penalty of 10 years' imprisonment.

[2] See Crimes Act 1914 (Cth) s 16BA(1)(e) ('Crimes Act').

[5] See Troy Anderson, Commonwealth Criminal Law (The Federation Press, 3rd ed, 2022) 317 [9.6.7].

[6] Mc Niece v The Queen [2019] VSCA 78; DPP v Meharry [2017] VSCA 387; Meadows v The Queen [2017] VSCA 290; R v Gajjar [2008] VSCA 268.

[7] Cf McNiece v R [2019] VSCA 78, 20 [53].

[8] [2015] NSWCCA 183, [72].

[9] Treatment Report by Geoffrey Burrows dated 26 January 2025 ('Exhibit D3').

[10] Treatment Report by Geoffrey Burrows dated 7 May 2025 ('Exhibit D4').

[11] Treatment Report by Geoffrey Burrows dated 27 August 2025 ('Exhibit D5').

[14] Psychiatric Report of Dr Danny Sullivan dated 26 June 2024 ('Exhibit D1').

[17] Ibid 8 [73]. In the report, the final word of this sentence is 'defending'. This appears to be an error.

[20] Neuro-psychological by Dr Jennifer McDowall dated 19 August 2024, 7 ('Exhibit D2').

[21] R v Ly [2014] NSWCCA 78; (2014) 241 A Crim R 192, [86].

[22] Cairncross v The King [2025] VSCA 117; Woods v The King [2023] NSWCCA 37; Lazarus v The King [2023] NSWCCA 214; Chenhall v The Queen [2021] VSCA 175; Burton v The Queen [2020] NSWCCA 127; R v Cook [2018] TASCCA 20; DPP (Cth) v Ramos [2018] VSCA 290.

[23] [2017] HCA 41 ('Dalgleish').

[24] [2001] HCA 64.

[25] Dalgleish (n 23) 26-27 [82]-[83].

[26] In this instance, Charges 1 - 3 on the indictment - see Crimes Act 1914 (Cth) s 3.

[27] Ibid s 17A(1).

[28] Mertell v The King [2022] ACTCA 69, [18]; Phibbs v The King [2023] VSCA 123, 8 [42], 12 [59].

[30] Ibid s 19(1); Mercanti v The Queen [2011] WASCA 120, 5-6 [14]-[16].

[33] [2023] ACTSC 50.

[34] Ibid 43 [180] (citations omitted).

[35] Ibid 43 [183], citing R v GAW [2015] QCA 166, [54]. See also R v Bredal [2024] NSWCCA 75, [58]-[65].

[36] NK v R [2025] NSWCCA 73, [100]-[103], references omitted.

[38] CDPP v Haynes [2017] VSCA 79, 10-11 [26].

[40] Outline of Plea Submissions for Defence, 2-3 ('Defence Submissions').

[41] See the discussion at 28-35 [145]-[169].

[42] Prosecutions Sentencing Submissions, 2 [4]

[44] [2007] VSCA 95; (2007) 16 VR 240.

[45] See, eg, Trinh v R [2024] VSCA 61, 14 [60] and the cases there cited.

[47] Byast v The Queen [2021] VSCA 344, 2 [5].

[49] Exhibit D1 (n 14) 8 [73] (emphasis added).

[50] Psychological Report by Patrick Newton dated 7 June 2025, 13 [57] ('Exhibit D6').

[52] Ibid 20 [96]; see also 15 [61].

[58] [2024] NSWCCA 75.

[59] [2023] NSWCCA 37.

[60] Exhibit D6 (n 50) 22 [107]-[110]; Exhibit D1 (n 14) 8 [74].

[61] [2002] NSWCCA 518; (2002) 56 NSWLR 146 ('Attorney General's Application').

[62] Ibid [42]. That approach was endorsed by the Victorian Court of Appeal in the case of CDPP v KMD [2015] VSCA 255, 27-9 [82]-[85].

[63] Criminal Code Act 1995 (Cth) s 474.27A(3).

[66] The police took a number of photos of your living circumstances when they arrested you (Exhibit D14). They reveal clearly the dysfunctional state of your life.

[67] DPP v Meharry [2017] VSCA 387, 2 [5].

[68] [2016] VSCA 73, 17 [33]

[69] Sex Offenders Registration Act 2004 (Vic) s 34(1)(c)(iii).