DPP v Hill [2025] VCC 1175

1. Laura Hill, you have pleaded guilty to five charges of Sexual penetration of a child under 16 (Charges 2, 4, 5, 6, 7), one charge of sexual assault of a child under the age of 16 (Charge 1), and one charge of persistent contravention of a family violence intervention order (Charge 3). The maximum penalties for these offences are 15 years, 10 years and five years respectively. The sexual penetration offence and sexual assault offence both qualify under the Sentencing Act standard sentence scheme, being six years and four years respectively.
2. The circumstances of your offending are set out in the Summary of Prosecution Opening dated 11 July 2025 (Exhibit A) and can be summarised as follows:
3. At the time of the offending you were aged 37, living in Cranbourne and working as a teacher at a secondary school. I should indicate, in the course of these reasons I will refer to the victim as 'AA'. AA, then aged 15 years was your student, with whom you developed a close relationship.
4. On 23 October 2024, you and AA arranged to take the day off and you went to her home. Together you smoked marijuana in the garage, before proceeding to the bedroom. You lay on the bed together and kissed then removed your clothes. When AA's grandmother came home, you hid in the closet. (Charge 1 - Sexual assault of a child under the age of 16)

1. On a date between 23 October 2024 and 24 October 2024, at approximately 10.30 pm, you arranged to meet AA. You collected her and subsequently drove her to your home. In the course of the night, AA told you she was tired and you told her she could rest on the bed.
2. Whilst laying down, AA began to cry and you kissed her on the forehead. AA removed her clothing and positioned herself on top of you - she kissed your body from the neck to the stomach. AA removed your pants and performed oral sex on you placing two fingers inside your vagina. You asked if you could reciprocate, though AA refused and told you she had her period. (Charge 2 - sexual penetration of a child under 16 years)
3. You both slept for about an hour then you drove AA home in the early hours of the morning.
4. On 28 October 2024, you contacted the principal at the school and disclosed the relationship. The following day, AA made a VARE with police. On 31 October, you were served with a Family Violence Interim Intervention Order (FVO) which contained various conditions including that you could not attend AA's residence, and you were prohibited from approaching, telephoning or otherwise contacting AA and from being within a specified distance of her or her home.
5. On 13 November, you were arrested, charged and bailed.
6. Between 9 November 2024 and 28 November 2024, you contravened the FVO by engaging in the following conduct:
   • On 9 November 2024, you left two voicemails on, and sent two text messages to and called two times a mobile phone used by AA;
   • Between 18-23 November, you, on six occasions, answered phone calls and sent text messages to a mobile phone owned by another person but used by AA;
   • Between 23-28 November 2024, you, on six occasions answered phone calls and sent text messages to a mobile phone owned by AA and on another occasion, sent her a text on that same phone.
   • In addition, you met up with AA on two occasions, when the sexual conduct the subject of Charges 4, 5, 6 and 7 occurred. (Charge 3 - Persistent contravention of a family violence intervention order)

1. On 18 November 2024, AA attended her friend's house for a sleepover. Once her friend was asleep, AA sent you a text and phoned you from her friend's mobile phone and you arranged to meet up.
2. You met up at about midnight and drove AA to your childhood home in Hastings. Once you arrived you went to a park - AA sat on a kerb and you joined her, and then you began kissing each other. AA removed her shirt and jumper, you manoeuvred her and were on top of her before you switched positions. AA performed oral sex on you and simultaneously digitally penetrated you. (Charge 4 - Sexual penetration of a child under 16 years)
3. Following this, you positioned AA on her back, and digitally penetrated her vagina. This activity lasted for about seven minutes. (Charge 5 - Sexual penetration of a child under 16 years)

1. Following this incident, AA was directed (by her mother), to reside with her grandfather. Whilst at his home, AA made contact with you using her grandfather's telephone, and you again arranged to meet. AA's grandfather took her to meet you - she was in your car for about 40 minutes before returning to her grandfather's property, where you were offered to stay the night.
2. AA showed you her room and you began to kiss. AA removed her own clothing and you remained in your underwear. You performed oral sex on AA for approximately five minutes. (Charge 6 - Sexual penetration of a child under 16 years.)
3. Subsequently, AA digitally penetrated your vagina and lingually penetrated your clitoris. This occurred for about five minutes. (Charge 7 - Sexual penetration of a child under 16 years)
4. On 19 November, AA's mother provided AA's mobile phone to Police and later provided them screenshots of telephone calls and text messages between you and AA.
5. On 29 November, you were arrested at your home - you made a no comment interview.
6. You were remanded at the conclusion of the interview_._

1. Members of AA's family - her mother, father, sister and grandmother all provided victim impact statements. Understandably her parents and grandmother are angry at the breach of trust, and outline the impact it has had on all of their families. Her mother feels guilt at being unable to protect her and responsible for the upheaval with AA and her siblings. Her father outlines the impact of having to move a distance away. Her sister who read her victim impact statement in court, feels like a life has 'flipped completely' - that she suffered increased anxiety and sleeplessness - her studies were impacted and she experiences issues with trust and isolation.
2. AA also prepared a victim impact statement which was read out in court. AA feels that since the discovery of the offending all of her decision making has been controlled by adults. She ultimately sought the assistance of a psychologist, and recognised success in her treatment and growth, however maintains that she does not see herself as a victim.
3. She felt pressured and anxious in making her police statement, her experience leaving the school made her afraid, though she recognised that at least she was not there to be reminded of what she had done and caused. Clearly, she expresses confusion, and is conscious that she has disappointed, angered, puzzled and injured many people. She concluded 'legally I am a victim so why don't I feel as though I am, I was being punished.'

1. In addition to the written submissions filed on your behalf I received:
   1. Report from Peter Hanley, psychologist dated 23 June 2025.
   2. Report from Mr Miller, psychologist re sex offender treatment dated 18 July 2025;
   3. Medical material from Monash Health dated 29 October 2024;
   4. Corrections documents regarding Restricted Access Prisoners and children visits;
   5. Child Protection documents regarding your children;
   6. Medical records from the general practitioner;
   7. Record of courses completed by you whilst in custody;
   8. Character reference from Bree Pegios;
   9. Letter of apology to AA's mother.
2. Your personal history is comprehensively set out in Mr Hanley's report and the Chronology included in defence submissions.
3. Briefly, you are currently aged 38. You had a difficult childhood with your parents separating when you were about two. You had limited contact with your father given his relationship with your mother was acrimonious. Your mother provided to you an account of your father perpetrating violence towards her, though she was inconsistent in her recollections. You remained in the care of your mother, but by the age of seven were living with your grandparents. Your mother was studying nursing, and working as a cleaner. She also had an active social life and did not seem committed to providing you basic care, as was noted by your school. You had contact with your mother, and she occasionally took you on holidays, though she continued to prioritise her own needs over yours, and your relationship with her was strained. You suffered from trichotillomania, or pulling your hair out, reflective of a high level of anxiety as a child, and you saw a child psychologist for this condition.
4. You remained living with your grandparents until you were a teenager then they unexpectedly separated. Due to the changed living circumstances you could no longer reside at that home, and you moved back with your mother. You were also at this stage having some contact with your father and his partner. At one time, when your mother had planned a lengthy holiday, you were to live with him and his family, however at the last minute, your mother changed her mind as it compromised her child support payments from him. You returned to your grandmother during the course of that holiday. Your relationship with your mother continued to be strained and difficult. On occasions you were kicked out of the home and had to resort to friends or your grandmother. In your early teenage years, you commenced drinking and using drugs, you were also sexually active.
5. Clearly you experienced difficulties and dysfunction by the lack of attachment and care by your mother in your childhood, however you did have some supports from your grandmother and father.
6. In respect of your upbringing, I note Mr Hanley in his report stated:

The lack of emotional validation from your parents and repeated experience of disrupted attachments throughout your childhood, affected your personality and sense of worth. The damage inflicted on you is part of the explanation for your offending though it does not provide an excuse for it.

1. Fortunately, in your later school years you managed to settle down and completed Year 12; you were appointed school captain. At this time, you were in a long-term relationship and you moved out with your boyfriend shortly after completing school. You completed a Bachelor of Social Science and a Masters in primary school teaching. When you were 24 you commenced working as a teacher.
2. Your relationship broke down when you were about 25. You sought medical assistance from a GP as you presented with symptoms of depression. You have been prescribed medication or antidepressants consistently since that time.
3. Soon after the break down of that relationship, you re‑connected with your current ex-partner, and commenced living with him. When you were 29 you had your first child.
4. You, like many in the community, found COVID restrictions isolating. You were unable to attend work for extended periods. Your outlet or social network was no longer available, and you were unhappy or unfulfilled at home in your relationship. During COVID you continued to attend your GP with symptoms of depression. In April 2021, your son was born.
5. You returned to work in early 2022 on a full-time basis. You were struggling in an unhappy relationship and with the care of your young children. You again sought assistance from a GP, but did not ultimately participate in a mental health care plan.
6. In 2023 you commenced working at the school where you were employed to help students who were struggling academically. Your GP noted in 2024 that you were having difficulty coping with these students, and that you felt inadequate and concerned that you were unable to help them. Your anti-depressant medication was increased. It was in the context of you attempting to engage successfully with your students that you became more involved with AA.

1. Your counsel submitted that Verdins applied based on the opinion of Mr Hanley. He diagnosed you with a borderline personality disorder with avoidant features, on the basis of your developmental history, your self-report, presentation, psychiatric history, and the offending behaviour itself for the reasons set out in [54]-[57] of his report. He opined:

Borderline Personality Disorder (BPD) is a pervasive condition that would have been operating at the time of Ms Hill's offending, influencing her thoughts, perceptions, decisions and behaviour. Prior to her offending, BPD would have contributed to relationship problems with her partner, including difficulties with intimacy and relationship stress. At work, BPD would have influenced the dynamics of her interactions at school, including over-involvement with students and the victim.

1. The prosecution disputed that the evidence of Mr Hanley established the causal or relevant link between your offending and your condition, however on questioning by me, did not persist with the submission. I accept the first limb of Verdins is engaged. That finding is also relevant to the risk that you pose in the future.
2. As to limbs 5 and 6 of Verdins, it was submitted on your behalf and accepted by the Prosecution that your condition means you will find custody more burdensome than a prisoner who does not suffer such a condition, and that there is a serious risk that imprisonment will have a significantly adverse impact on your mental health. The latter is related to the fact that your relationship with your children has been severely impacted by your incarceration, a matter I will address later in these reasons.
3. Mr Hanley opined that due to the intense fear of abandonment and emotional instability that underpins your BPD, that you are likely to perceive any signals of abandonment by your family in catastrophic terms. Mr Hanley concluded:

Whilst the severity of BPD itself is unlikely to deteriorate, the severity of [your] BPD symptoms may worsen in the context of estrangement from [your] children, and make [you] more prone to potential comorbidities during [your] time in prison, including Obsessive Compulsive Disorder and other depressive disorders.

1. I take into account your plea of guilty, which was entered at the earliest possible stage. You have spared the witnesses, particularly AA and her family members from giving evidence. Your plea has a significant utilitarian value and has facilitated the course of justice.
2. I accept your plea is indicative of some remorse as expressed in your letter to AA's mother. I note that Mr Hanley opined that you demonstrated an evolving insight into your offending, that you have acknowledged the negative impact of your actions on AA, her family but also your own children, your ex-partner and your professional community.

1. I take into account that after you had committed Charges 1 and 2, but before the remainder of the charges were committed, you told the principal at the school of your relationship. The discovery of the relationship was clearly as a result of this disclosure. I was informed that your ex-partner was aware of the inappropriate relationship but did not know the extent or full details of it. The conversation with the school principal therefore involved you making admissions to conduct that may otherwise have gone undetected or may have been difficult to prove. I accept that you are entitled to a 'Doran' discount in respect to those offences.

1. When you were remanded in November 2024, your daughter was seven and your son was three. The children are now in the exclusive care of your ex-partner, who is understandably hesitant for the children to have contact with you or for them to know your current circumstances. I was informed that until 6 July this year, you have only been able to speak to them on the phone on two occasions - on Christmas Day in 2024 and each of them on their respective birthdays. In more recent times, you have been able to speak to the children on a weekly basis, though the impact on the children's needs, needs to be considered to determine if this level of contact can be maintained.
2. Additionally, you are considered a 'restricted access prisoner' due to the nature of your offending. As a consequence, unless you get a special exception, you are not permitted to have in person visits or video calls with your children, or to have photos of them in your cell. You have submitted an application to have that status reviewed and have some privileges restored, including that relating to the photographs, yet I was informed that consideration of that decision can take up to three months.
3. Child Protection have also been involved and given the nature of your offending, any contact with the children must be monitored by your ex-partner.
4. As outlined in the psychological report, the loss of your ability to have any relationship with your children is a profound source of grief for you. I accept the imposition of a sentence which will necessarily remove your children from your life during much of their childhood amounts to extra-curial punishment.
5. Additionally, the public opprobrium associated with the offending has been difficult for you in the context of your personality disorder traits.

1. You have been assessed by Mr Hanley as a moderate risk of sexual re-offending, with the risk remaining elevated, due to the intensity of your relationship with AA. However, he opined that given your continued engagement in treatment and ability to fully detach from AA, he expected that your risk would reduce to low to moderate. Mr Hanley sets out your several rehabilitation needs, given his assessment of your current situation and level of functioning (see para 88)
2. You initiated engagement in a Sex Offender Treatment Program with Mr Miller. You have undertaken 13 one-hour sessions. Mr Miller in his report recognised that you have shown a willingness to explore difficult and emotionally painful topics, and to explore scenario-based examples, including those that portray you in a negative manner. He opined you require long term support to reduce your risk of re-offending and that you have indicated a willingness and intention to do so.
3. Other features auger well for your rehabilitation including:
   • You have no prior criminal history and were previously of good character. I note the prosecution did not rely on s.5AA of the Sentencing Act
   • Your plea of guilty and remorse;
   • You maintain the support of family members;
   • You have had gainful employment at all relevant times in your life, even accepting that your career as a teacher is now over.
   • You have taken up education opportunities whilst in custody.
4. I accept that you have good rehabilitation prospects as long as you continue to engage in treatment as recommended by professionals.

1. Your offending was very serious.
2. It had the following aggravating features:
   • Your position as a teacher to AA and the breach of trust to her and her parents;
   • AA was more vulnerable than other students as part of your task was to provide attention to students who it had been determined required extra support;
   • There was a significant age disparity, you being 37 and she 15;
   • You used cannabis with AA on an occasion of the offending;
   • You were on bail for similar offences when Charges 3-7 occurred, and the subject of a Family Violence Order that had conditions and was imposed to protect AA from you;
   • The sexual offending occurred over a period of almost a month on four occasions;
   • Charges 2, 4 and 7 are rolled up charges and it is necessary to take into account the full criminality in respect of them;
   • The impact on AA and her family has been significant.
3. Whilst it appears that AA was a willing participant in the sexual activity, the Court of Appeal has made it clear that the absolute prohibition on sexual activity with a child is based on the presumption of harm. The offence is to protect children from harm, presumed to be caused by premature sexual activity or before a child can give meaningful consent. See Clarkson [2011] VSCA 157; (2011) 32 VR 361 [36]

1. I was provided with some comparable cases though many were not at a time when the standard sensing scheme provisions were in place. They provide some guidance but are of limited assistance given the different personal matters and circumstances of offending.

1. In addition to the matters that I am required to take into account under c, I must also take into account that Charges 2, 4, 5, 6 and 7, and Charge 1 come under the standard sentencing scheme, with six years and four years respectively for those offences.
2. Having identified and considered the relevant factors in assessing the appropriate sentence as part of the instinctive synthesis, including the maximum penalty and the standard sentence, in this case I form the view that the sentence I impose on those charges should fall below the prescribed standard sentence.

1. Both counsel submitted that the only appropriate sentence was a head sentence and a non-parole period. Ms Hill, if you could please stand up.
2. In respect of Charge 1, sexual assault, you are convicted and sentenced to a term of imprisonment of six months.
3. In respect of Charge 2, sexual penetration, you are convicted and sentenced to a term of imprisonment of three years.
4. In respect of the persistent breaching of the Family Violence Order, you are convicted and sentenced to a term of imprisonment of 12 months.
5. In respect of the sexual penetration, Charge 4, you are convicted and sentenced to a term of imprisonment of four years.
6. In respect of Charge 5, sexual penetration, you are convicted and sentenced to a term of imprisonment of three years.
7. In respect of Charge 6, sexual penetration of a child under 16, you are convicted and sentenced to a term of imprisonment of three years.
8. In respect of Charge 7, you are convicted and sentenced to a term of imprisonment of three years.
9. The base sentence then is in respect of Charge 4, of four years. Three months of the sentence imposed on Charge 2, two months of the sentence imposed on Charge 3, three months of the sentence imposed on Charge 5, three months of the sentence imposed on Charge 6, and three months of the sentence imposed on Charge 7 will be cumulative on the sentence imposed in respect of Charge 4, giving a total effective sentence of five years and two months.
10. I set a non-parole period of two years and four months. That is less than 60 per cent and under the Sentencing Act I need to declare that I have made it less than the 60 per cent required under the legislation, considering it in the interests of justice to do so.
11. In respect of Charges 4, 5, 6 and 7, the records will note you are a serious sexual offender.
12. You will be required to report under the Sex Offender Registration Act provisions for life.
13. Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty to this matter, I would have imposed a term of seven years with a non-parole period of four years and six months.
14. I declare pre-sentence detention of 259 days.
15. Is there any other matters?
16. COUNSEL: No, Your Honour.
17. HER HONOUR: All right, thank you. Ms Dixon, that is just the Sex Offender Registration Order.
18. ASSOCIATE: That has been done, Your Honour.
19. HER HONOUR: Thank you. Thank you, I will stand down.