DPP v Rayan [2025] VCC 541

1. I note that charges 2, 3, 4, 7, 14, 15 and 18 are rolled-up charges.
2. 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.[2]

1. Your offending relates to your attendance at the Revolver nightclub located on Chapel Street in Prahan on 23 September, 14 October and 21 October 2023. On each of those occasions, you sexually assaulted women who were not known to you.
2. In total, you assaulted seventeen women and attempted to assault an eighteenth. The women's ages ranged from 18 to 48. Each of these instances of offending was captured on CCTV. Excerpts of this footage were played in court at the hearing of your plea.

1. You attended the nightclub on 23 September 2023 at approximately 1:00am. Victim 1 was dancing in the back room. She turned away from you when you tried to engage with her, which is when you touched her buttocks. This offending is the subject of Charge 1 - sexual assault.
2. Approximately an hour later, you walked behind Victim 2 who was in the back room with her boyfriend. You walked behind her and touched her buttocks.
3. You then walked up to the bar and positioned yourself behind Victim 3, who was speaking to her husband and touched her buttocks.
4. You continued to touch both Victim 1 and 2. At one stage, you attempted to pull Victim 2 towards you by grabbing her arm. She ignored you.
5. You moved onto Victim 3, putting your arms around her. She pushed you away and hugged her husband. You moved behind her and reached to rub the front of her waist.
6. You returned again to Victim 2, as she walked away with her boyfriend, you touched her buttocks. You then put your hand under her top from behind and touched her waist.
7. You continued to touch both women from behind for two minutes. The conduct you engaged in concerning Victim 2 that I have just described forms part of Charge 2 - sexual assault (rolled-up). The offending against Victim 3 forms part of Charge 3 - sexual assault (rolled-up).
8. Approximately an hour later, at 4:15am, you saw Victim 4 standing together with her partner. You briefly touched Victim 4 buttocks three times. This offending is the subject of Charge 4 - sexual assault (rolled-up).

1. You entered the Revolver nightclub at 2:16am on 14 October 2023. Victim 5 was walking past a set of couches. You walked up behind her and touched her back and buttocks. This forms Charge 5 - sexual assault.
2. At 2:47am, Victim 6 was standing at the bar with her sister. You approached her and she turned away from you. When her back was turned, you kissed her bare shoulder several times. This forms Charge 6 - sexual assault.
3. At 5:08am, Victim 7 was on the dance floor. You approached her several times but were rebuffed. You then began touching her from behind. CCTV captured four instances of you touching her buttocks and one of you touching her waist. Some time later, you again approached her and put your arm around her waist. This conduct makes up Charge 7 - sexual assault (rolled-up).
4. At approximately 5:16am, you were walking behind Victim 8. You reached out and touched her buttocks. This forms the basis of Charge 8 - sexual assault.
5. At 7:17am, you were climbing the stairs and saw Victim 9 approaching from below. You paused, waited for her to pass you and positioned yourself behind her with your face beneath her buttocks. You did not make contact. This forms the basis of Charge 9 - attempted sexual assault.
6. At 10.00am, Victim 10 was entering the upstairs area of the nightclub. You were standing at the door. As she passed you, you touched her buttocks. This forms Charge 10 - sexual assault.

1. You entered Revolver on 21 October 2023 at 11:53pm. At 2:06am, you moved into close proximity to Victim 11. You positioned yourself behind her and touched her buttocks. This forms the basis of Charge 11 - sexual assault.
2. At 2:41am, you walked behind Victim 12 and tapped her on the buttocks. This forms Charge 12 - sexual assault.
3. At 2:43am, you approached Victim 13. She began to feel uncomfortable and requested another nearby man pretend to be her boyfriend. As she was speaking to him, you reached out and touched her buttocks from behind. This forms Charge 13 - sexual assault.
4. At 3:00am, Victim 14 was dancing with her husband. You stood close by watching them. You reached out and touched her buttocks twice. Later, the couple walked to the bar. You followed them and again, reached out to touch her buttocks.
5. At 3:55am, Victim 14 and her husband were on a sofa. You sat down next to them and reached over to stroke Victim 14 back. The total conduct I have just described relating to Victim 14 forms the basis of Charge 14 - sexual assault (rolled-up).
6. At 3:23am, you stood behind Victim 15 on the dancefloor. You rubbed her buttocks and moved your hand up her leg. She immediately left the dance floor and complained to her sister of the sexual assault**. Charge 15 - sexual assault (rolled up).**
7. At 3:25am, you were walking past Victim 16. As you passed her, you stood aside and held out your left hand, brushing it across her waist and buttocks This forms Charge 16 - sexual assault.
8. At 4:32am, you walked past Victim 17 and touched her buttocks from behind. She immediately turned and pushed you away. You began to walk away but she followed, grabbing your shirt. You ran away from her. This forms Charge 17 - sexual assault.
9. At 4:39am, Victim 18 was in the front room. You positioned yourself close by. You moved behind Victim 18 and rubbed her bare waist with your hand from behind. You positioned yourself near her and continued to reach out to touch her waist and kissed her arm twice. This conduct was observed by venue manager Ms Cayla White who had been monitoring your movements through CCTV. She sent security to eject you from the venue.

1. You ran away from the venue at 4:45am. You were arrested by police on 27 October 2023.
2. You were initially interviewed only in relation to the offending involving Victim 17 and 18 on 21 October 2023. You denied having had any sexual contact with either woman even after you were shown the CCTV footage.
3. You were charged and bailed.
4. After police reviewed CCTV footage of your earlier attendances at the nightclub, you were re-arrested and interviewed on 12 December 2023. At that time you were shown further CCTV footage and made a no comment interview.
5. You have been on bail ever since.

1. I must take into account the impact of your offending on the victims.[3]
2. Three victim impact statements were tendered in this matter, one of which was read by the prosecutor in court; two, even more movingly, were read aloud by their authors. The court expresses its gratitude to the victims.
3. The court received the following victim impact statements:

(a) Victim 15 dated 17/2/25;

(b) Victim 18 dated 7/4/25; and

(c) Victim 5 dated 29/04/2025.

1. Victim 15 describes how the assault shattered her sense of security, confidence and ability to trust, not only others but herself. She struggles with feelings of worthlessness and guilt, even though she knows what happened wasn't her fault. This has impacted her ability to take on full time work, due to the emotional weight and exhaustion she faced.
2. Victim 18 describes how the assault greatly impacted her - she used to be an extremely social person but now she gets anxious and experiences panic attacks. She also now avoids social gatherings due to fear of another incident happening. She has had to take time off work due to the panic attacks which has strained her mental health and financial wellbeing.
3. Victim 5 describes that she too, no longer feels safe going out on her own or being in large crowds. She now faces feelings of fear, anxiety and deep distress, especially towards men, which has impacted her ability to form romantic relationships. Due to feeling isolated after this incident, she also had to move back to Queensland to be supported by friends and family.

1. As part of the sentencing process, a court is required to assess the objective gravity of the offending in the particular case before it. This is to enable the court to impose a sentence that reflects the relative seriousness of the particular case having regard to both the maximum available sentence and other cases involving the charges that are before the court.
2. The crime of sexual assault is created by section 40 of the Crimes Act 1958 (Vic). The crime consists of intentional sexual touching without consent and attracts a maximum sentence of 10 years' imprisonment.
3. Sexual assaults may be committed in a very wide variety of circumstances. Cases vary according to the age of the offender, the age of the victim and the circumstances of the offending.
4. At the more serious end of the spectrum of cases are sexual assaults perpetrated by older offenders (usually males) against younger victims (usually females) where the offender is in position of trust (such as a parent or step-parent) and the assault itself involves touching an intimate part of the victim's body such as her vagina under her clothing. Such cases are generally heard by this Court. The statutory maximum of 10 years will be available to the Court. Offenders are generally sentenced to terms of imprisonment.
5. At the less serious end of the spectrum are cases where both the offender and the victim are adults, and the assault involves sexual touching outside of the clothing for a brief period of time. Such cases are often heard in the Magistrates' Court. The maximum penalty that may be imposed by that Court is 2 years' imprisonment.[4] In such cases, it is common for non-custodial sentences to be imposed of which the most common is a Community Correction Order.
6. All of the charges presently before the court fall into the less serious category. This is because all of the touching was momentary and on the outside of the clothing. The victims were adults and were not known to the offender. As the prosecution concedes, such cases are generally prosecuted in the Magistrates Court.[5]
7. I have inferred that the reason this case was prosecuted in this court rather than the Magistrates' Court is because of the sheer number of victims and the three separate occasions on which the offending occurred. The brazen nature of the offending - which in some cases occurred in front of the men that the victims were dancing with and even kissing - is also relevant to the court's assessment of the seriousness of its offending.
8. Ultimately, I have concluded that each of the offences is at the lower end of the spectrum of seriousness of sexual assaults. This assessment is not intended to downplay the impact of the offending on the victims, particularly the three who have completed victim impact statements.
9. It is also necessary to assess your moral culpability for your offending. In other words, your degree of responsibility for the offending.[6]
10. When interviewed by police, you denied having sexually contacted anyone at the venue. When shown the CCTV footage by police, you only accepted that you may have 'accidently' touched Victim 17.
11. You told psychologist Ms Lechner that you were 'really drunk' and can't remember what occurred.[7] You maintained this explanation more recently when interviewed by both Corrections Victoria[8] and Mental Health Advice and Response Service (MHARS).[9]
12. However, having now viewed excerpts from the CCTV footage which were played in court, I have some reservations about how affected by alcohol you were at the time of your offending. In this regard, I note the description in the MHARS report of your account of alcohol consumption on the nights in question as appearing 'illogical and unlikely'.[10] I will return to this topic later when discussing your level of remorse.
13. Ultimately I have concluded that your moral culpability for this offending is considerable. I consider that although you were affected by alcohol, your actions were deliberate and you knew what you were doing.

1. You are currently 35 years old and were raised in India by your uncle and aunt, who have both since passed away. You were raised thinking that your aunt and uncle were your parents and your cousins were your sisters. You were 16 when you found out that this wasn't true which was a shock. However, you were raised in a well-educated family, who took care of you and gave you opportunities.
2. You were a good student, who graduated year 12 and had no social or behavioural problems. You went on to complete your Bachelor of Computing at Madras University.
3. After graduating, you have worked in IT but since COVID, you have had to work multiple 'odd' jobs and now work as a delivery driver. You are currently trying to obtain your accreditation training to return to work in the IT industry.
4. Your wife is an Australian citizen whom you met online in 2017. You explain that it was similar to an arranged marriage as your families knew each other.
5. In 2018, you moved to Australia and got married in July. You lived in Moe and Cranbourne for a while before you were able to obtain your permanent residency.
6. Together, you have a two year old daughter called Marisa. You have limited contact with your daughter due to an unrelated Intervention Order being put in place whilst your wife was pregnant. You have only met your daughter three times, which have all been supervised by Catholic Care and Anglicare. When you and your wife separated, for a couple of months you would drink to get drunk but this is no longer the case.
7. Your primary social contacts prior to this offending were your wife and her family. Since the charges in this matter, you have been socially isolated and have had a lack of contact with your daughter. You have few friends that you can rely on but attend church regularly to seek solace in your religion. You also had to sell your home.

1. Your solicitors arranged for you to be assessed by Ms Carla Lechner, Clinical Psychologist. Ms Lechner assessed you on 11 February 2025 and provided the court with a report of her conclusions dated 17 March 2025.[11]
2. Ms Lechner does not diagnose you as suffering from any mental ill-health either at the time of the offending or presently.
3. Ms Lechner reports that you express 'appropriate victim empathy'.[12] This is evidence of remorse on your part.
4. Ms Lechner considers that you would benefit from a 'period of supervision and support in the community that monitors [your] ongoing progress and that assists in advising [you] about more appropriate means of developing [your] mental health'.[13]

1. The principal matter in mitigation is your plea of guilty which was made at the earliest opportunity. By pleading guilty you accept responsibility for your offending. It is also some evidence of remorse.
2. Your plea of guilty has a substantial utilitarian benefit. It saves the many witnesses the trauma of giving evidence at your trial. In your case that means that eighteen women and a number of others present at the nightclub have been spared the ordeal of giving evidence and re-living in open court their experiences of the events in question. That is no small thing. A guilty plea in a case such as this saves public resources being police, prosecution and court time. This entitles you to a substantial discount on sentence.
3. Your counsel submits that you have received extra-curial punishment by way of extensive media reporting of your case. I accept this is the case and have moderated the penalty I impose to a small degree as a result.

1. Ms Lechner opines that you are a low risk of sexual offending on the basis that the factors that she considers contributed to the offending have been addressed through your attendance at therapy.[14] Ms Lechner notes your attendance at the Men's Behavioural Change Group and considers that you have a 'better insight regarding respectful relationships'. The evidence before the court is that you completed the 'Men's Behaviour Change Program 20 group session and Men's Behaviour Change Program 4 Individual sessions'.[15]
2. You have little support in the community and you have struggled with alcohol although you have received some support to help you in this regard.
3. You have received and continue to receive psychological therapy under a mental health plan. This has been provided by Mary Samuhel, clinical psychologist. Ms Samuhel reports on a number of sessions with you in 2025. You have clearly made efforts to address the underlying causes of your offending. The sentence I impose today is aimed at supporting you in this regard ultimately in the interests of protecting the community.
4. Your work history is positive and you have no prior criminal history.
5. Your lack of complete insight into the reasons for your offending, as discussed earlier, is concerning.
6. On balance, I can therefore only assess your rehabilitation prospects as fair.

1. Although a sentencing judge has considerable discretion in determining the appropriate sentence to impose in a given case, it is a discretion that is circumscribed by law. The discretion must be exercised in accordance with the requirements of the Sentencing Act 1991 and the applicable common law.
2. First, the sentence may only be imposed for one or more of the purposes set out in s 5(1) of that Act. These are discussed later.
3. Secondly, in determining the appropriate sentence, the court must have regard to the matters set out in s 5(2). I have already referred to victim impact.
4. Thirdly, the court must comply with any minimum sentence that is applicable. That is not a consideration in this case.
5. Fourthly, the court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which sentence is imposed.[16]
6. Fifthly, and with certain presently irrelevant exceptions, the court must not impose a custodial sentence unless the court considers that the purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve a custodial term.[17]
7. The fourth and fifth propositions are sometimes referred to collectively as the principle of parsimony.
8. Finally, where as in this case, sentence is imposed in relation to a number of discrete offences, the court must ensure that the overall sentence appropriately reflects the totality of the criminality. This is known as the principle of totality.

1. It is necessary then to apply the above principles to the facts and circumstances of your case. Although I have assessed each instance of your offending as towards the lower end of the spectrum of seriousness of sexual assaults, the scale of your offending is most concerning. You offended on three separate occasions over a period of many hours against a large number of women. Women who were entitled to feel safe.
2. The relevant sentencing purposes under section 5(1) of the Sentencing Act are punishment, deterrence (both specific and general), rehabilitation and community protection.
3. Both your counsel and the prosecution agree that there is a need for the sentence to give effect to the purposes of general deterrence and punishment.
4. The principal dispute between the parties is the extent to which specific deterrence is a relevant sentencing consideration in this case. The answer to this question informs the extent to which community protection is, in turn, a relevant purpose.
5. Your counsel submitted that 'the need for specific deterrence is to be moderated, though not eliminated, by the impact of extra curial punishment, anxiety over his visa status, and his rehabilitation to date'.[18]
6. The prosecution submission is that specific deterrence 'is given additional importance by the repetition of the conduct and the limited protective factors, though it is accepted that there has been no subsequent offending'.[19]
7. I consider that specific deterrence is an important sentencing consideration in your case mainly because of the scale of your offending, its brazen nature and my concern that you lack insight into the real reasons for your offending.
8. Having said that, it is no small thing that you have never offended in this manner, or any other manner, other than during this relatively brief period of four weeks. You are 35 years of age. You have been on bail for 18 months and there has been no further offending.
9. The expert evidence before the court about your risk of future offending consists of the opinion of Ms Lechner, who assesses your risk as low, and the assessment by Corrections Victoria.
10. Corrections Victoria also assesses your risk of re-offending as low.[20] The report provided to the court records you as questioning the need to attend programs for sexual offending.[21] This demonstrates your lack of insight.
11. Assessing an offender's risk of future offending is very difficult. As with much in life, the past is a good guide. I accept that this offending was out of character for you. I am guided by the expert assessments before the court and I too conclude that your future risk of offending is low.
12. I have earlier discussed your prospects of rehabilitation which I have assessed as fair. It is important to emphasise that your rehabilitation and the safety of the community are closely related. As the President of the Court of Appeal has observed:

In what continues to be a highly punitive debate about sentencing, it seems to me that this Court needs to promote public understanding of the fact that, quite apart from the interest of the individual whom it is sought to rehabilitate, there is a vital community interest in maximising the prospects of rehabilitation of an individual who has been convicted of a serious crime. The prospect of an offender being rehabilitated represents the best hope for the community that the person will never again engage in violent behaviour.[22]

1. The sentence I impose attempts to facilitate your rehabilitation in the future interests of the community.
2. The question ultimately is whether the relevant sentencing purposes including specific deterrence and community protection are able be achieved by a sentence that is to be served wholly in the community.
3. The prosecution accepts that they can.[23] I agree.
4. While determining future risk is a difficult task, the expert evidence is all one way - your risk of reoffending is low. As noted, I accept this evidence and consider that the small residual risk can be adequately addressed by a community-based sentence. Put another way, the evidence of future risk does not require a custodial sentence. At the risk of repetition, I am only able to impose a custodial sentence if I consider that one is required.[24]
5. A Community Correction Order is a punitive sanction as it impinges in a number of ways on an offender's liberty. Under this Community Correction Order, you will only be able to travel with permission; you must report to and receive visits from Corrections Officers; you must comply with their directions and you must notify Corrections if you change address or employment. In addition, it is an offence to fail to comply with a condition of the Order for which you may be imprisoned.[25] Any such breach may have an effect on your ability to remain in Australia which is a further deterrent as your counsel has submitted
6. As the Court of Appeal has recognised, the main advantage of a Community Correction Order when compared with the blunt instrument of a custodial sentence is that a CCO can simultaneously be both punitive and rehabilitative. That court has more than once remarked about the 'powerful deterrent effect' of community correction orders in light of the 'significant burdens' such orders impose on offenders.[26] According to Victoria's highest court, such orders 'can very effectively serve the purpose of specific deterrence'. The sanctions that may be imposed for a breach of such an order 'create powerful disincentives to re-offending'[27] which in your case will last for the full two years for which the order will be in force.
7. Finally, the condition that I have imposed requiring you, apparently against your wishes, to participate in programs to reduce your risk of re-offending is aimed at protecting the community. If you fail to participate in such programs, that will be a breach of the order and you can expect to be brought back before me to be dealt with.
8. You have been assessed as suitable for a Community Correction Order. The recommended conditions are unpaid community work, treatment and rehabilitation for alcohol and programs to reduce reoffending and supervision. I accept these recommendations.
9. I am able to impose one Community Correction Order in respect of all of your offending because the offences are 'part of a series of offences of the same or a similar character'.[28]

1. You are convicted and sentenced to a Community Correction Order of two years' duration.
2. I can't impose a Community Correction Order unless you agree to the court doing so. Before I ask you whether you agree I need to explain to you the consequences if you breach the order.
3. If you fail to comply with the conditions of the Order, you may be brought back before the court. A Judge may sentence you to up to 3 months in custody for contravening the order and you may be re-sentenced for the original offending.
4. The order may be varied by a Judge if you are finding it difficult to comply with the order.
5. The general conditions of the CCO are as follows:

(a) You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;

(b) You must comply with any obligation or requirement prescribed by the regulations;

(c) You must report to and receive visits from the Secretary or their delegate during the period of the order;

(d) You must report to the Community Corrections Centre at 176 Sladen Street Cranbourne within two clear working days after the order comes into force - that means by 4.00 pm on Wednesday 7 May 2025;

(e) You must notify the Secretary of any change of address or employment within two clear working days after the change;

(f) You must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; and

(g) You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

1. The Community Correction Order will commence today and will be subject to the following specific conditions:

(a) You are required to perform 180 hours of unpaid community work as directed;

(b) You must participate in treatment and rehabilitation programs for alcohol abuse;

(c) You must participate in treatment and rehabilitation programs to address the risk of reoffending;

(d) Up to 60 hours that you spend participating in such programs will count against the work hours; and

(e) You are subject to supervision.

1. Pursuant to s 6AAA of the Sentencing Act 1991, if you had pleaded not guilty, I would have sentenced you to 6 months' imprisonment to be followed by a Community Correction Order.

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

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

[4] Ibid s 113.

[5] Nicholas Donaghy, 'Prosecution Submissions on Sentence', Submissions in DPP v Rayan, CR-24-01921, 3 April 2025, 6 [29] ('Prosecution Submissions').

[7] Psychological Report of David Rayan written by Carla Lechner dated 17 March 2025, 4 ('Exhibit D5').

[8] Katherine Wood, Community Correction Order - Assessment Outcome Report (Report, 13 April 2025) 2 ('CCO Assessment Report').

[15] Family Life, Men's Behaviour Change Program - Letter of Completion (undated) ('Exhibit D3').

[18] A.J. Patton, 'Outline of Plea Submissions', Submissions in DPP v Rayan, CR-24-01921, 30 March 2025, 3 [22].

[19] Prosecution Submissions (n 5) 6 [26].

[20] CCO Assessment Report (n 8) 1.

[22] DPP v Malikovski [2010] VSCA 130, 14-5 [51].

[23] The prosecution submitted that both a custodial sentence and one to be served wholly in the community are within range - see Prosecution Submissions (n 5) 1 [3] and 7 [35]-[36].

[25] Boulton v R [2014] VSCA 342, 31-2 [91] ('Boulton').

[26] See, eg, DPP v Edwards [2012] VSCA 293, 40 [135].