[2025] VCC 936
General information, not legal advice.
County Court of Victoria
2025-07-03
Original judgment source is linked above.
Sentence: 3 years 11 months' imprisonment with a non-parole period of 2 years 6 month
Grade 5. She remembers an occasion where you invited her and Shirley to the darkroom with you, over lunchtime. Nothing happened on that occasion. 2. Another day you approached Christa at lunchtime and asked her if she wanted to go with you to the photography room. She agreed and together you developed some prints. Then, when Christa was at the enlarger you sat behind her and put your hand between her thighs. Your hand was touching both of her legs as she tried to focus on the enlarger and ignore what you were doing. Her legs were pressed together but your hand was touching her inner thighs in an area which she describes as 'at an uncomfortable height'. She left the darkroom and did not tell anyone what had happened for many years. She was nine or 10 at the time of this offending against her. 3. You were transferred to Tullamarine Primary School in in July 1978.
Grade 6. In 1979, Barbara was seven to eight years old, and in Grade 4. You were teaching PE and photography, as well as being a classroom teacher. 2. At some point in 1979 you were teaching a group of children, including Barbara, swimming. You held her up as she was kicking in the pool, and in so doing you touched her stomach and then her vagina, over her bathers. (Charge 6) 3. In 1980 Barbara was in Grade 5. You were here classroom teacher. The children would sit at desks where two children would sit side by side. 4. One day while the class was doing maths, you sat next to Barbara, squeezing in so that she was pressed against the student sitting next to her. You undid the zipper of her pants and you put your hand inside her underwear, moving it up and down touching her vagina. (Charge 7). She remembers 'it felt like it went on for the whole lesson, but it may have only been a couple of minutes'. She recalls that whilst you had your hand inside her underpants, you continued to talk about the maths she was working on. You then just stopped and resumed teaching the class. 5. Barbara was mortified when she stood up at the end of the class and her pants fell down, as her zipper was still undone. In the break after class she stole a toffee from your desk to get back at you. She ran home and told her mother what you had done. 6. Her mother took action, going back with her to see the school principal. When they got there, you were in the office with the Principal. She remembers you stared at her, making her feel intimidated. Her mother tried to speak on her behalf, but the Principal and you focussed on the stolen toffee, and Barbara was made to apologise to you, for that. She was removed from your class.
37 years old. In May 1983 you were convicted and sentenced to probation for two years, with a notation 'to attend for such shock therapy as directed by his medical assessors'. It is unclear whether any such 'therapy' took place. 13. Once you ceased working as a teacher you started a photography business, which I was told was not successful. 14. In 1987 or 1988 you indecently assaulted the eight-year-old daughter of your neighbour. Using your employment as a professional photographer you took photos of her first clothed, then naked. On five occasions you touched her chest and vagina, you licked her vagina and you masturbated on her. On interview you admitted all the allegations and said that you were a paedophile. You were sentenced in 1993 to nine months on two of the charges of indecent assault, and three months on the other three charges. The total sentence was nine months' imprisonment. 15. You and your first wife separated during your gaol sentence, with your relationship then consisting only of contact about your children. 16. You found limited work after your gaol sentence, eventually retiring completely when you became eligible for the aged pension. 17. You married again at around that time. Your wife now suffers from Alzheimer's disease and is living in a respite care facility. Prior to your remand you would spend hours each day sitting with her. She still recognises you and your support and connection to her is a very important aspect of your life. I accept you will be concerned for her during your time in custody, which will make your time in custody more difficult.
... had access to a clear explanation or psychological formulation that accounts for it. [being the paedophilia] [You] stated that [you] had not received a formal diagnosis related to these behaviours and largely had to develop strategies on [your] own to manage [your] thoughts and behaviour.
(i) Charge 1 involved you putting your hand on the victim's vagina, under her underpants. You tried to push your hand between her legs. Annabelle was 10 or 11 at the time.
(ii) Charge 2 occurred in very similar circumstances to Charge 1. You touched Shirley's vagina, under her underpants. Following the offending when challenged you accused her of lying about a petty matter. She was then 10 years old.
(iii) Charge 3: you twice invited Christa Norman to the darkroom with you, and on the second occasion you touched her upper inner thighs in a sexual manner. She was nine or 10 at the time.
(iv) Charges 4 and 5 occurred when the victim Debra was in Grade 2 and then Grade 3. She was six or seven at the time of Charge 4, and seven or eight at the time of Charge 5. Charge 4 occurred in an empty classroom. You were quite determined in your efforts to touch her vagina, having to force your hand inside her tights to do so. Charge 5 was brazen. You stood behind the group of students and forced Debra's hand to touch your penis, skin on skin.
(v) Charge 6 occurred when Barbara was in Grade 4 and seven or eight years old. You seized the opportunity of teaching swimming to touch her on the vagina, over her swimmers. The next year you were her classroom teacher. She turned nine that year. In another extraordinarily brazen act you touched her vagina, under her clothes, whilst she was seated next to another student, during class, giving rise to Charge 7. The additional humiliation of being abused in the presence of others, and the utter powerlessness she must have felt, add to the gravity of this charge as it does to the charge involving Debra in Charge 5.
(vi) Charges 8 and 9 occurred not only after the police interview of you in 1978, but also after Barbara Long had tried to complain about your behaviour and had been accused by you of lying. Debra Pittard and the victim of these two charges were both in the mezzanine. You told Debra to go away, and then you touched Hazel's vagina, under her clothing. Charge 9 was a separate event, where you touched her vagina over her underwear.
I apologise for abusing your trust, robbing you of your innocence and calling you 'liar'.
I am glad to be part of this forum where you will be heard and believed. I hope that in some way this can help you heal from the damage I have done to you and your lives.
He explained that in the past, he called some of the victims 'a liar' and they were disbelieved by authorities as a result. He stated that this must have 'shattered their confidence'. He became emotional when he spoke about the victim impact statements and realises that his behaviour impacted the victim's ability to trust others, and even form relationships in adulthood.
Admissions Leading to Further Offending being discovered
I am keen to clear up all of this in one bite, and hopefully be available to help my darling wife, and I am being honest. I hope that this counts for something. I offended there as well ... I'd rather not go into detail, but what is the next step?
I - I really don't want to go into detail except that it was an offending to the same extent as been admitted to in Redan, and I only have specific recollection of one - one girl that I was involved with there is my specific recollection.
Comparable Cases and Current Sentencing Practice
[13] Question and Answers 241, 241 at Depositions 430-431.
[15] Certificate, and Mynard [66]-[69].
[16] Bernard (a pseudonym) v The King [2004] VSCA 293, [94]-[99].
DPP
Ryan [2025] VCC 936