DPP v Maddox

(a) One charge of sexual penetration of a child under 12 years (Charge 1), contrary to section 49A(1) of the Crimes Act 1958 (Vic) ('Crimes Act'), which carries a maximum penalty of 25 years' imprisonment;[2]

(b) One charge of producing child abuse material (Charge 2), contrary to section 51C(1) of the Crimes Act, which carries a maximum penalty of 10 years' imprisonment;[3]

(c) Nine charges of sexual assault of a child under 16 years (Charges 3, 4, 5, 6, 7, 8, 9, 10 and 11), contrary to section 49D(1) of the Crimes Act, each of which carries a maximum penalty of 10 years' imprisonment;[4]

(d) One charge of possessing child abuse material (Charge 12), contrary to section 474.22A of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years' imprisonment;[5]

(e) One charge sexual activity in the presence of a child under the age of 16 (Charge 13); contrary to section 49F(1) of the Crimes Act, which carries a maximum penalty of 10 years' imprisonment.[6]

1. I note that charge 2 is a rolled-up charge.
2. All of your offending was against a single complainant, being your cousin Maisey Cline.[7]
3. You are to be sentenced on the basis of the Summary of Prosecution Opening for Plea dated 11 March 2025, which I note is an agreed document.[8]

1. During 2023 and in early 2024, you lived with your mother and younger brother in Cheltenham. During this period, you and your brother began to socialise more with your maternal cousin Maisey Cline on weekends and during the school holidays. This would include sleepovers, where you would play computer games, watch Netflix and videos.
2. After a breakdown in your relationship with your mother, you moved into the front bedroom of the Cline's house in January 2024.
3. Unbeknown to the Cline's family, your offending against Maisey began during the visits in 2023. Over the course of the offending, you were aged between 23 and 24 and Maisey was aged between 11 and 12.

1. Your offending against Maisey only became known to authorities after you returned from an overseas holiday on 19 August 2024. On that date, Australian Border Force officers conducted a search of your bag at the airport. During the search they asked for your phone and its corresponding PIN which you provided.
2. Examination of the phone revealed several videos and images which were suspected of being Child Abuse Material. You were then placed under arrest and made the following admissions:

(a) You admitted that the videos on the phone were of Maisey, who was 12 years old;

(b) You said there were multiple videos on your phone which included you taking Maisey's clothes off, one of you touching her and another where you masturbated using her thighs;

(c) You said that you and Maisey had become 'attached to each other' but as far as you were aware, you never engaged in sexual conduct with, or towards Maisey when she was awake;

(d) On one occasion you pulled down Maisey's shorts and rubbed your erect penis between her thighs before continuing to masturbate yourself and ejaculating; and

(e) You made the videos so that you could refer to them whilst masturbating.

1. The videos on your phone were classified as 'Child Abuse Material'.[9] (Charge 2 - Production of Child Abuse Material; Charge 12 - Possession of Child Abuse Material).

1. Your contact offending occurred on four dates: 8 April 2023; 13 May 2023; 26 December 2023; and 25 January 2024.

1. At 01:30 AM, Maisey was asleep on her back in her bedroom wearing loose fitting pyjamas. You took an eleven second film of yourself using your finger and thumb to separate her outer labia (Charge 3).

1. At 02:38 AM, Maisey was asleep at your mother's house. You took an eight second video of yourself pulling down the front of Maisey's underwear, exposing her vagina (Charge 4).

1. At 04:52 AM, Maisey was sleeping on a grey couch on her left side, with her feet tucked up into her buttocks. Her underwear could be seen as her pyjama shorts were twisted. You filmed an eleven second video of you using your finger to slide into and underneath Maisey's underwear (Charge 5).
2. At 05:01 AM, Maisey was lying on her back with her legs spread, you took a seven second video of your hand pinching and lifting the front of her underwear so that you could see her vagina (Charge 6). The video ends abruptly as Maisey moved in her sleep.
3. At 05:17 AM, you took a 33 second video of your erect penis and testicles, which shows you rubbing your penis up and down between Maisey's thighs repeatedly (Charge 7). During your interview you made the following comments about this offending:

(a) You didn't want to wake her up and didn't want to hurt her or anything; and

(b) You didn't want her to be affected by all this, and admitted that the video showed you essentially masturbating using her thighs.

1. At 01:37 AM, you filmed a 20 second video of Maisey on a pink rug or blanket, which showed her wearing a loose grey top with her breasts completely exposed (Charge 8).
2. At 01:41 AM, you took an 18 second video of Maisey's vagina, in which you are depicted using your fingers to separate her inner labia (Charge 1 - Sexual Penetration of a child under 16; Charge 9 - Sexual Assault of a child under 16). The video stops abruptly when Maisey moved unexpectedly.
3. At 01:46 AM, you took a two second video of you pulling down Maisey's denim shorts and blue underwear to mid thigh, which revealed her buttocks (Charge 10).
4. At 02:12 AM, Maisey's shorts and underwear were still at thigh level and she was laying on her front. You took a 24 second video of you rubbing your erect penis between her buttock cheeks back and forth (Charge 11).
5. You then admitted to police in your interview, that after this incident, you moved to the other side of the couch and masturbated yourself until you ejaculated (Charge 13 - Sexual activity in the presence of a child under 16). As the prosecution quite properly recognised, but for your admission there would have been no evidence of this offending. The sentence must reflect this.[10]
6. You further stated that Maisey and your attraction had been building up and an opportunity arose and you took it. You said that there had been no sexual activity whilst she had been awake, as far as you were aware.

1. Maisey was spoken to by police after your interview with them, she confirmed that she had no knowledge of you engaging in any of the conduct or the taking of videos.

1. As your counsel quite properly conceded, yours is serious offending. There is a number of reasons why this is so.
2. First, your offending involved a substantial breach of trust. Maisey was your aunt's daughter. Your aunt had allowed you to live at her house after you had difficulties at home.
3. Secondly, you were aged between 23 and 24 at the time of the offending and Maisey was between 11 and 12 years' of age. There was a considerable age gap between the two of you.
4. Thirdly, the offending included an instance of sexual penetration which is the most serious form of sexual offending. The offending occurred in a location where Maisey was entitled to feel safe.
5. Fourthly, this was not one-off offending but offending that persisted over a period of nine months.
6. The most serious of the offending occurred on 25 January 2024 (charges 1 and 9). On that date you penetrated Maisey's vagina, albeit slightly. While any sexual penetration offence, especially involving a child of eleven, is serious, charge 1 is a lower level example of the offence. The conduct giving rise to charge 9 overlaps entirely with that giving rise to charge 1. You cannot be punished twice for this conduct.[11]
7. Charge 2 is a mid-range example of the offence of producing child abuse material as it is a rolled up charge spanning a period of 20 months during which you produced nine videos. Charge 12 overlaps significantly with charge 2 as all of the child abuse material you possessed on the day you were apprehended is the same material that you produced.
8. Charges 3, 7 and 11 are mid range examples of sexual assaults.
9. Charges 4, 5, 6 and 9 are lesser examples and charges 8 and 10 are low level instances.
10. Finally, charge 13 is a mid range example of the offence of engaging in sexual activity in the presence of a child.

1. No victim impact statement was made by your primary victim, Maisey Cline. Despite that, the court will proceed in such a case on the basis that it is presumed that sexual offending has harmed her.[12] Premature exposure to sexual activity can have lifelong effects. By your offending, Maisey has been robbed of the opportunity to become sexually active at an age and in circumstances of her own choosing.
2. The court did receive a victim impact statement from Maisey's parents which was written by Mrs Cline.[13] Mr and Mrs Cline are Maisey's parents and your uncle and aunt respectively.
3. Mrs Cline writes of her world being shattered when she found out you had been arrested. She writes that she invited you into her home because you are family and she loved and trusted you. She states that she no longer has trust in anyone. Mrs Cline writes that she pushed her daughter into danger by trusting you. She is angry and fells useless.
4. I have taken into account the impact that your offending has had on your victims as required by law.[14]

1. Your personal circumstances are drawn from the Psychological Report by Ms Naomi Cameron dated 29 April 2025,[15] which was provided to the court.
2. You are currently 24 years old. You grew up in Newcastle, New South Wales until the age of 14. Your parents separated when you were eight years' old.
3. You are the oldest of a sibship of three, your younger sister is 21 and your younger brother is 12.
4. You deny any history of childhood trauma or abuse growing up and don't consider that your parents' separation had any negative effect on you.
5. Throughout your childhood you mainly resided with your mother and visited your father on weekends. Your father was a night-shift worker, so this impacted the frequency you could see him. You have a positive, loving relationship with your mother, though you do recall that her struggles with alcohol impacted her ability to provide consistent care. However, her alcohol dependency has stabilised and is no longer a concern.
6. Your mother had a few partners throughout your adolescence which meant that you moved around frequently. You described one partner as an intimidating and authoritative figure, who made you uncomfortable with his strictness and intrusiveness. Another partner was a violent and short tempered man, whom you later found out was physically abusive to your mother.
7. Despite moving schools five times throughout your childhood, you had strong academic grades, which allowed you to be accepted into a Secondary College, which was outside your schooling zone.
8. You reported having a small group of friends during primary school but after relocating to Melbourne when you were older, you became more socially isolated and missed 20-40% of classes. As you got older, your social anxiety increased and you become further disengaged from the school environment, with little parental involvement to enforce engagement.
9. After finishing high school, you enrolled in several tertiary courses at different universities however never completed any course. You blamed this on losing motivation, disengaging due to boredom and the social demands of group work.
10. You completed a Diploma of Digital Entertainment which focused on video game development. Subsequently, you completed a pre-apprenticeship as an electrician and just before your arrest you were offered a job as an electrician.

1. You were examined by Ms Naomi Cameron, forensic psychologist, at the request of your lawyers. Ms Cameron assessed you on three days in April of this year.
2. Ms Cameron considers that you showed reasonable insight and judgement into your offending behaviour and expressed shame and remorse for your behaviour.[16]
3. Ultimately, Ms Cameron diagnoses you with a Social Anxiety Disorder and Persistent Depressive Disorder. She considers that further assessment is needed to explore the possibility of a comorbid diagnosis of Attention Deficit/Hyperactivity Disorder (ADHD).[17]
4. Finally, Ms Cameron makes a 'provisional diagnosis of Paedophilic Disorder (Non exclusive Type)'.[18] She refers to your 'fixed paraphilic interest and sexual deviancy' which underpinned your offending and refers to the absence of healthy consensual adult relationships in your life.
5. Ms Cameron refers to an alleged similar physical relationship with your former stepsister which did not proceed to anything sexual due to the intervention of your family.[19] According to Ms Cameron, this 'offence paralleling behaviour' 'suggests enduring deficits in interpersonal boundaries and behavioural inhibition'.[20]
6. Ms Cameron opines that you are in the moderate risk category for sexual recidivism without treatment.[21] The risk is elevated by your sexual deviancy, the nature of your offending and difficulties with intimate relationships. The risk is ameliorated by the opportunistic nature of your offending and your 'genuine motivation to change and openness to treatment'.[22]
7. Ms Cameron makes a number of recommendations for your future management.[23]

Court ordered pre-sentence report from Forensicare

1. To better assess the circumstances surrounding your offending, your risk of re-offending, your prospects of rehabilitation and your future treatment needs, the court ordered a pre-sentence report from Forensicare. The court is grateful to Dr Michael Davis, Consultant Forensic and Clinical Psychologist, for the thorough and comprehensive report dated 4 July 2025. This report and the report dated 29 April 2025 prepared by Ms Naomi Cameron, Forensic Psychologist, have been of considerable assistance to the court.
2. Dr Davis spent a little under five hours with you in two interviews at the Ravenhall Correctional Centre. He also spoke to your mother for nearly an hour. Dr Davis conducted a number of psychological tests and utilised a number of clinical and diagnostic tools.[24]
3. Dr Davis notes the discussion in Ms Cameron's report of the earlier alleged contact with your step sister. He was told by you that it was 'slightly' true. He also asked your mother about this issue and was told that she considered your contact with your step sister was inappropriate but that her partner, your step sisters father, thought she was over-reacting.[25]
4. After taking a detailed personal history from you, and administering a range of psychological tests, Dr Davis considers that you meet the formal criteria for diagnoses of both Persistent Depressive Disorder and Major Depressive Disorder (in partial remission).[26] Dr Davis also observes that you have a 'striking degree of anhedonia and [are] seemingly unable to derive much joy from life'.[27]
5. Dr Davis describes you as a 'diagnostically complex man'.[28] In addition to the above diagnoses, you have a personality disorder at a severe level of impairment.[29] Dr Davis does not consider that you meet the formal criteria for AD/HD; any 'seeming potential symptoms of this condition are appropriately conceptualised by reference to [your] severe personality disorder' in his view.[30]
6. Dr Davis considers that, while your offending behaviour raises the possibility that one or more paraphilic disorder diagnoses may be relevant, he ultimately excludes paedophilic disorder[31] and concludes that you do not meet the criteria for a diagnosis of Hebephilia either.[32]
7. Turning to the question of future risk, Dr Davis concludes that you are a moderate-to-high risk for offending that involves viewing hentai,[33] depictions of children and a moderate risk for further contact offending. The latter is 'likely only to occur in circumstances in which [you have] been provided unrestricted access to a pubescent or possibly adolescent or older pre-pubescent female' that you know.[34]
8. Dr Davis makes some recommendations for your future management and treatment which include involvement in a sexual offender treatment program by Corrections Victoria's Forensic Intervention Services.[35]
9. Dr Davis also recommends that:

(a) you should not be permitted unrestricted access to any under-age females; and

(b) your use of the internet should be supervised to ensure that you do not immerse yourself in pornography and 'absolutely avoid' hentai material.[36]

1. Finally, Dr Davis has no objections to his report being provided to anyone involved in your treatment or management.[37]
2. Accordingly, I direct that a copy of Dr Davis's report, and the report of Ms Cameron, be provided to Corrections Victoria along with a copy of these reasons to assist them to appropriately manage you in custody and once you are released. The reports should also be utilised as part of your management when on the Sex Offenders' Register.
3. I have taken into account the contents of the two psychological reports, however I note that your counsel did not rely on any of the Verdins principles in relation to setting the length of any sentence that is imposed

1. Assessing your prospects of rehabilitation is difficult. The starting point is to try and understand the nature of your offending behaviour. This has been discussed earlier in these reasons.
2. Next is the question of the risk of further offending. Your lack of any prior convictions is relevant. In the comprehensive and detailed reports provided to the court, you have been assessed as a moderate to high risk of future offending by Dr Davis and a moderate risk of future offending by Ms Cameron. This is obviously concerning.
3. However, in each case the court is informed that the risk may be reduced if you are treated appropriately. It is positive that you demonstrate what Ms Cameron describes as a 'help-seeking attitude'.[38] You told her you are willing to participate in offence-specific treatment and any therapeutic interventions recommended to you. You have taken some steps to seek out help yourself.
4. Ms Cameron's views in this regard are consistent with what your sister has stated. She informs the court that you have 'done a power of work to get treatment and make sure [you] never repeat such behaviour'.
5. You have completed a large number of courses while on remand. This is a positive indication that you are looking to your future.
6. Finally, there is the question of likely future support. You are fortunate to have the ongoing support of family members. Many young men in this court do not. Your sister has told the court that she will continue to support you in whatever way she can.[39] You also have the ongoing support of your mother.
7. Taking account each of these matters, I assess your prospects of rehabilitation as reasonable to good provided you avail yourself of all recommended treatments and find aspects of life that give you joy.

1. Your counsel submitted that there are several considerations that mitigate the sentences to be imposed.
2. First and foremost are your pleas of guilty which the prosecution accepts came at an early stage in the proceedings. You were arrested in August 2024 and the matter was resolved in the Magistrates' Court at a committal mention on 17 January 2025.
3. Your plea represents a clear acceptance by you of responsibility for your crimes and is evidence of your remorse. The utilitarian benefit of the plea is significant as it spares the witnesses the ordeal of giving evidence and saves the community's scarce resources.
4. Secondly, your age is a very important sentencing consideration. You were 22 at the time of the first offence and are now 24. In accordance with well established authority, your rehabilitation is an important sentencing consideration. I have set a non parole period to promote your rehabilitation.
5. Thirdly, in addition to your guilty plea, there is other evidence of your remorse. During your record of interview on 19 August 2024 you were open and honest about your offending including informing police of offending that was not recorded on your phone.
6. In addition, your sister has written to the court and states that you are 'clearly remorseful and appalled in [yourself]'.[40] Similarly, your close friend writes of your deep regret for your offending.
7. Fourthly, you come before the court having lived a blameless life.
8. Finally, I have discounted the sentence on charge 13 further due to the assistance you provided to authorities.

1. You are to be sentenced on both State and Federal offences.
2. In determining the appropriate sentence on the Federal charge 12, I have considered the matters in s 16A of the Crimes Act 1914 (Cth).

1. Other than the offence giving rise to charge 12, all of the offences to which you have pleaded guilty are 'serious sexual offences' within the meaning of Part 2A of the Sentencing Act 1991 (Vic) ('Sentencing Act').
2. As a result, if I impose a term of imprisonment on you in relation to charges 1 and 2, you fall to be sentenced as a 'serious sexual offender' in respect of each of the remaining charges except charge 12.
3. It follows that in determining the length of a custodial sentence on the remaining charges, I must regard protection of the community from you as the principal purpose for which sentence is imposed.[41]
4. Further, every term of imprisonment imposed on you in respect of those offences must, unless the court otherwise directs, be served cumulatively on any uncompleted sentences of imprisonment imposed on you.[42]
5. Finally, your serious offender status must be recorded by the court.[43]
6. The court must take care to apply the principle of totality in these circumstances.
7. As Redlich J observed in the case of Gordon, the 'tension between the policy underlying section 6E and the principle of totality is difficult to reconcile'.[44] In a case where section 6E applies, 'the full effect of totality is to be somewhat reduced, in order to give effect to the legislative intent manifested in the section'.[45]
8. In Zhao, the Court of Appeal explained the importance, in a case such as the present, of applying the 'one episode principle' as part of reconciling this tension.[46] In other words, where, as here, several offences are committed against a single victim on one occasion, that 'tends towards greater concurrency than would be the case if these were separate offences committed on different occasions involving different victims'.[47]

1. Yours was undoubtedly serious offending. One of society's most important responsibilities is the protection of vulnerable children. Where a child is harmed, especially where they are sexually harmed, society expects the courts to respond appropriately.
2. In this sentencing exercise, general deterrence, punishment and community protection are the central considerations. You must also be specifically deterred from ever further offending. Last, but certainly not least, you must be rehabilitated. Ultimately that is the best way to protect the community.

1. Taking into account the maximum penalties, the objective gravity of your offending, the impact on your victims and giving full effect to the matters of mitigation identified earlier, I make the following Orders.

(a) On charge 1, intentional sexual penetration of a child under 12 years, you are convicted and sentenced to 2 years and 3 months' imprisonment.

(b) On charge 2, a rolled up charge of intentionally producing child abuse material, you are convicted and sentenced to 2 years' imprisonment.

(c) On charge 3, intentionally sexually touching, you are convicted and sentenced to 18 months' imprisonment.

(d) On charge 4, intentionally sexually touching, you are convicted and sentenced to 1 year's imprisonment.

(e) On charge 5, intentionally sexually touching, you are convicted and sentenced to 9 months' imprisonment.

(f) On charge 6, intentionally sexually touching, you are convicted and sentenced to 1 year's imprisonment.

(g) On charge 7, intentionally sexually touching, you are convicted and sentenced to 18 months' imprisonment.

(h) On charge 8, intentionally sexually touching, you are convicted and sentenced to 6 months' imprisonment.

(i) On charge 9, intentionally sexually touching, no sentence is imposed as the conduct overlaps entirely with that giving rise to charge 1;

(j) On charge 10, intentionally sexually touching, you are convicted and sentenced to 6 months' imprisonment.

(k) On charge 11 intentionally sexually touching, you are convicted and sentenced to and aggregate of 18 months' imprisonment.

(l) On charge 12, a Federal charge of possessing child abuse material, you are convicted and sentenced to 6 months' imprisonment.[48]

(m) On charge 13, intentionally sexually activity in the presence of a child under 16, you are convicted and sentenced to 9 months' imprisonment.

1. The base sentence is that imposed on charge 1.
2. I order that 6 months of the sentence on charge 2, 4 months of the sentence on charge 3, 3 months of the sentence on charge 4, 6 months of the sentence on charge 6, 6 months of the sentence on charge 11, and 2 months of the sentence on charge 13 are to be served cumulatively on the base sentence and on each other.
3. The remaining State sentences are to be served wholly concurrently.
4. The total effective sentence (State) is therefore 4 years and 6 months.
5. I set a State non parole period of 2 years' and 6 months'.
6. The 6 month sentence on charge 12 is to 2 months before the end of the State non-parole period.
7. Pursuant to section 18 of the Sentencing Act, the 328 days that you have spent on remand, not including today, shall be reckoned as time served in respect of the sentence I impose today.
8. Pursuant to section 6AAA of the Sentencing Act, had you pleaded not guilty, the total effective sentence would have been 6 years and 6 months with a non parole period of 4 years and 3 months.
9. Pursuant to section 6F(1) of the Sentencing Act, you were sentenced as a serious offender in relation to charges 3, 4, 5, 6, 7, 8, 10, 11 and 13.
10. You will be a registerable offender under the Sex Offenders Registration Act 2004 (Vic). The registration period is life.
11. Finally, I direct that a copy of Dr Davis's report, and the report of Ms Cameron, be provided to Corrections Victoria along with a copy of these reasons to assist them to appropriately manage you in custody and once you are released.
12. The reports should also be utilised as part of your management when on the Sex Offenders' Register.
13. Order that the disposal order be granted, noting that it is not opposed.

[2] As amended by the Crimes Amendment (Sexual Offences) Act 2016 (Vic).

[9] Crimes Act 1958 (Vic) s 51A ('Crimes Act').

[10] Latina v The Queen [2015] VSCA 102, 9 [17].

[11] Interpretation of Legislation Act 1984 (Vic) s 51A.

[12] Clarkson v The Queen [2011] VSCA 157.

[13] Victim Impact Statement written by Mr and Mrs Cline dated 14 May 2025.

[14] Sentencing Act 1991 (Vic) s 5(2)(daa) ('Sentencing Act').

[15] Psychological Report by Ms Naomi Cameron dated 29 April 2025 ('Exhibit D1').

[19] Ibid [66]. It was this reference that led the court to seek a Forensicare opinion which is discussed later in these reasons.

[24] Forensicare Psychology Court Report written by Dr Michael Davis dated 4 July 2025, 1-2 [2] ('Exhibit P3').

[27] Ibid 28 [191] - Anhedonia is a distinct absence of enjoyment or joy from life - see at 6 [36].

[31] Sexual preference for pre-pubescent children.

[32] Sexual preference for pubescent children.

[33] A genre of Japanese manga and anime characterized by overtly sexualised characters and sexually explicit images and plots.

[39] Letter to the Court written by (Accused Sister) dated 10 May 2025 ('Exhibit D2').

[41] Sentencing Act (n 13) s 6D(a) - the prosecution did not seek a disproportionate sentence and I have not imposed one - s 6D(b).

[44] Gordon v The Queen [2013] VSCA 343, 20 [74], cited with approval in Zhao v The Queen [2018] VSCA 267 at 20-1 [93].

[45] Zhao v The Queen [2018] VSCA 267, 21 [94] ('Zhao').

[46] Ibid 19 [89]; see also DPP v Hum (a pseudonym) [2022] VSCA 57, 30 [135]; Clifton v The King [2024] VSCA 82, 16 [59].

[48] This is a lesser sentence than would otherwise have been imposed for this offence having regard to the considerable overlap with the conduct that led to charge 2.