DPP v Tang [2025] VCC 1558

1. The offence of sexual assault carries a maximum penalty of 10 years' imprisonment;[1] the offence of rape carries a maximum penalty of 25 years' imprisonment and also carries a 'standard' sentence of 10 years' imprisonment.[2] The charge of sexual assault by compelling sexual touching carries a maximum penalty of 10 years' imprisonment.[3]
2. I note that Charges 1, 3, 6 and 9, sexual assault charges, are 'rolled up' counts dealing with two or more events. Similarly, Charges 7 and 11 are also rolled up counts of rape encompassing more than one event. Charge 10, sexual assault by compelling sexual touching, is also a rolled- up count. These counts will carry the same maximum penalty, but I take into account the totality of your conduct in arriving at the sentence on those charges.

1. You come before the Court as a man with no prior criminal history and no subsequent offending.
2. The facts giving rise to your plea are summarised in a prosecution opening dated 7 October 2025. I will sentence you on the basis of that document. I will refer to some parts of it in summary form in my reasons.
3. Your offending took place in June and August 2024. You were then aged 50 to 53 years. During that period, you raped and/or sexually assaulted five women who were clients of a massage business jointly owned and operated by you and your wife. The business was registered in 2017 and was located in the Epping North shopping centre.

1. Turning to the first complainant, Ms Kirsten Gordan.
2. On 11 June 2024 Ms Kirsten Gordan, then 26 years old, went to an appointment for a massage. She was a regular customer and had previously experienced professional service.
3. She arrived at 1.00 pm and was directed to one of the massage rooms. She removed her clothes except for her underwear, rested faced down on the massage table and covered herself with a towel.
4. You entered the room and started the massage which at first proceeded normally. You tucked the towel into her underwear and massaged her shoulders and neck and arms. But as you started to massage her lower back you moved her underwear lower and lower until, without a word, you hooked your finger between Ms Gordan's legs, brushed past her vagina and quickly took off her underwear completely, and the towel covering her was also removed.
5. Ms Gordan felt exposed and did not react. You continued to massage down her leg and then used your hands to slowly rub and squeeze her buttocks while spreading them apart and exposing her vagina. You did this approximately six times. This gives rise to Charge 1, sexual assault.
6. You moved to her other leg which you then bent to massage her inner thigh, during which your hand was brushing up and down her vagina. This is a continuation of Charge 1, sexual assault. Ms Gordan was feeling increasingly uncomfortable and tense.
7. You then put your hand underneath Ms Gordan's body and started rubbing the top of her vagina and without saying anything you started rubbing Ms Gordan's clitoris with your thumb and index finger, then you put your hand between the lips of her vagina and moved your whole hand up and down. Ms Gordan froze but managed to say the words 'no thank you'. You ignored her and persisted. This gives rise to the first event of Charge 2, rape.
8. You then got onto the massage table and penetrated Ms Gordan's vagina with your thumb while continuing to rub her clitoris. This is a continuation of Charge 2, rape. She could hear you breathing heavily. She closed her legs together as much as she was able to; she vomited in her mouth and spat onto the floor. She felt frozen, could not move and felt your weight on her making it hard for her to get up.
9. You continued messaging her legs as if all of this was normal. You left briefly to get a towel which you then used to wipe the oil from Ms Gordan's body. You appeared to her to be 'mad'. You went to the top of the massage table to start massaging her head at which point she said 'no'. You said, 'massage finished' and left the room.
10. Ms Gordan dressed, walked through reception and you asked her how the massage was. She did not reply and threw a hundred dollars cash on the counter before leaving. She walked out of the shop and vomited again on the way to the car. Once in her car she sat there for about 10 minutes before driving home.
11. At home she did not tell her partner. She felt ashamed and embarrassed and worried about her partner's reaction.
12. Three days later she was at work and her colleague complained of a stiff neck. Worried that her colleague would use the same massage service, Ms Gordan explained what had happened to her. Her colleague encouraged her to go and report the matter, but she did not want to. Weeks later she was in a conversation with friends who noticed something was wrong and Ms Gordan disclosed your offending to them.
13. She told them that she had not told her partner or the police. One of her friends posted a message on a community Facebook page asking if anyone else had had any 'experiences' with any of the male staff at that massage business. The same friend also posted a negative review which included the words, 'The men there are feral and don't deserve a job. Scumbags.'

1. Turning now to Ms Jodi Bolton.
2. On 2 August 2024 Ms Jodi Bolton had been shopping at Epping North shopping centre and wanted a massage to address a sore back.
3. You met her at reception and directed her into one of the rooms. She took off her clothes and left her bra and underwear on.
4. The massage commenced normally but then while massaging the sides of Ms Bolton's upper back you moved your hands onto her right breast and started to massage her breasts between your fingers.
5. Ms Bolton felt uncomfortable. You repeated this on her left side. This gives rise to Charge 3, sexual assault.
6. You lifted the blanket that had been draped over her and asked her to turn over to lie on her back. You replaced the blanket to cover her top half and started to massage her neck and shoulders. The blanket kept slipping down; Ms Bolton had to pull it up to cover her breasts.
7. You stood at the top of the massage table at Ms Bolton' head and started to massage her breasts, slowly moving your hand under the blanket causing it to fall off and leave Ms Bolton's body exposed. You continued the massage of her breasts using squeezing motions. Ms Bolton felt cold and exposed. These events are a continuation of Charge 3, sexual assault.
8. Ms Bolton felt frozen and wondered whether this was normal practice and wanted to leave. You left the room and came back with a towel to wipe off the massage oil. Ms Bolton paid for the massage and left.
9. Ms Bolton's husband collected her, and she told him that she had been 'sexually violated'. She felt dirty and sick. She posted a message on a different community Facebook page asking whether what had happened to her was normal. She received responses and decided to report the matter. In her initial conversations with police, she said that she did not want to participate in an investigation, later she felt differently.

1. Turning now to Ms Rosalind Shepherd.
2. Mr Harry Steele[7] had previously had 'a one-hour hot stones, cupping and oil massage' at the massage business and wanted to give his wife, Rosalind Shepherd, an appointment for the same service as a birthday present. She arrived at 1.00 pm on 3 August 2024.
3. Ms Shepherd was directed into one of the rooms and undressed, leaving her bra and underwear on. She lay face up on the table. You asked her to turn over to lie face down. You went to arrange the hot stones and returned and pulled the blanket down to expose her upper body.
4. You asked her to unclip her bra, which she did, and then you pulled it out from underneath her. You removed the blanket and started massaging her legs. Ms Shepherd felt uncomfortable when you moved her legs apart so her feet touched the sides of the table. You massaged her legs, moving up her thigh, and grazed her vagina which made her jump. You massaged her inner thigh, and this became more and more vigorous until her whole body was moving up and down the table. Each time your hand got close to her vagina she felt your fingers pressed into her vagina, but through the outside of her underwear. She felt your fingertips penetrate the inside of her vagina. She froze. This gives rise to Charge 4, rape.
5. You continued to massage her, this time to the other side, moving her legs open further. You again touched her vagina through her underwear doing vigorous massage of her thigh. You applied so much pressure that it hurt. She felt shocked and did not respond.
6. Ms Shepherd rolled over onto her back. There was no blanket covering her. She was face up with her breasts exposed. You massaged her arms and upper chest. You asked if the pressure was okay, and she said 'yes.'
7. You then put oil on her breasts and vigorously rubbed and squeezed them both at the same time. This gives rise to Charge 5, sexual assault.
8. You stopped the massage abruptly and told Ms Shepherd to get dressed before leaving the room.
9. Ms Shepherd got up and tried to calm herself. As she was dressing, she pulled her underwear out of her vagina. She left the room, walked to the front counter and paid without looking at you. She went to her car and tried to compose herself. She felt hot and she was shaking.
10. She went home where her parents were minding her children. She showered. She noticed a scratch on one of her breasts. She did not tell anyone about what you had done to her. She doubted herself and doubted what had happened.

1. Turning now to Ms Maria Pierce.
2. On Monday 26 August 2024, Ms Pierce dropped her daughter at her grandparents' house so she could get her nails done and get a 20-minute neck and shoulder massage.
3. When she arrived, she was directed to one of the massage rooms. She removed her jumper and T-shirt and lay face down on the table. She was still wearing leggings and shoes.
4. You came in and draped a towel or blanket over her back. You started to massage her back and right shoulder. You asked if she wanted to extend the massage for an extra 30 minutes and offered a one-hour full body massage with free cupping. Ms Pierce agreed. She asked if she should take off her leggings, and did so, leaving her underwear on. Again, she lay face down. You returned to the room and lowered her underwear so that half of her bottom was exposed with the towel tucked into her underwear.
5. You recommenced the massage and did cupping on her back. When messaging her legs, you brushed your hand close to her groin and briefly touched her underwear with a striking motion, repeating this between four to six times. Ms Pierce's body stiffened, and you said to her 'relax'. You then moved her left leg and in one swift movement removed her underwear. These events give rise to part of Charge 6, sexual assault.
6. You continued the massage and continued to brush the outside of Ms Pierce's now exposed vagina. You did this about three or four times on both legs. Ms Pierce started to panic.
7. You asked her to turn to her right side and lifted the blanket. She turned to the left so that her now completely naked body was not exposed to you. She grabbed a towel to cover her body. Now on her back, you put something over her eyes which was perhaps a towel or blindfold and attached under the back of her head. You massaged her stomach before lowering the towel that had been covering her vagina. This is a continuation of Charge 6, sexual assault.
8. You then put your hand on Ms Pierce's vagina and started rubbing her clitoris with your fingers. Ms Pierce froze. You then penetrated Ms Pierce's vagina with your fingers, first one and then two. Ms Pierce was shocked. This gives rise to Charge 7, rape.
9. You then penetrated Ms Pierce's vagina with your tongue and started to suck it. This is a continuation of Charge 7, rape. While doing this, you used your finger to rub her vagina and then you used your finger to penetrate her anus. This latter act gives rise to Charge 8, rape.
10. You then approached Ms Pierce's face and kissed her, putting your tongue into her mouth. You groped her breast with your hand, and she felt your mouth on her right breast. This gives rise to Charge 9, sexual assault.
11. You again put your tongue in Ms Pierce's mouth. She tapped her watch in a gesture which meant I have to go. You kissed her forehead and left the room.
12. Ms Pierce quickly dressed and when still in the massage room she texted her friend. Her friend did not respond. Ms Pierce paid and left via reception. She again messaged her friend and her brother, to whom she then complained over the phone about your offending. They discussed whether she would tell her partner and whether she would report this to the police. She was unsure what to do.
13. Later, she spoke to her friend who Googled the business and saw the review that had earlier been posted by Ms Pierce's friend about the massage business having 'feral men'.
14. Ms Pierce picked up her daughter from her grandparents' house. She did not tell them what had happened. She later told her mother that she had had a massage and 'the guy was creepy'. She did not tell her husband. She cried in the shower.
15. After these events, your various victims started to learn of one another, through online connections being made through local businesses. Ms Pierce and Ms Gordan found each other and had coffee. They discussed going to the police.
16. They drove separately to the police station, and each reported what you had done. Later they both made formal statements. This initial report occurred on 28 August 2024.

1. On the same day, being 28 August 2024, Ms Allen arrived for a massage. She had been several times before. Your wife offered to do the massage, but you were there and offered to do it yourself. Ms Allen said she did not mind who did it.
2. In the massage room Ms Allen removed her clothing, leaving her underwear on, and lay face down covered with a blanket. You entered the room and tucked the blanket down on top of her underwear. You used hot stones to massage her back. You stood at her head and used oil to massage the right side of her neck. Ms Allen could feel your groin pressed against her head. You asked, 'is the pressure okay', and Ms Allen said it was.
3. You moved down her body, massaging her right arm, which you held so that her elbow touched your groin. You massaged down to her hands pulling each finger so that the tips of her fingers touched your groin. When this happened, she pulled her arm back and you would extend it again. This gives rise to Charge 10, sexual assault by compelling sexual touching. You repeated this on the left side, again causing her fingers to touch your groin each time. This is a continuation of Charge 10, sexual assault by compelling sexual touching.
4. You pulled her underwear right down exposing her buttocks. You massaged her buttocks with your hands and then moved your fingers towards her vagina, until the fingers from both your hands were rubbing on her clitoris. This gives rise to Charge 11, rape. You kept asking her, 'is this okay.' Ms Allen felt quite unable to move and said nothing.
5. Another customer was being massaged by your wife in the next room. You had a conversation with your wife which included you saying the words 'half an hour'. You left the room and returned with a wet cloth and used it to wipe the oil off Ms Allen's body. You then removed her underwear and bent her left leg, placing a rolled-up towel so she could not move her leg. You massaged the inside of her left thigh, touching her clitoris each time you moved your hand. This continued for about two minutes before you removed the towel and put her leg down. This is a continuation of Charge 11, rape.
6. You repeated this on the other leg, and that is also a continuation of Charge 11, rape.
7. After this you left the room and returned with a warm towel which you put on her face so she could not see.
8. You then moved Ms Allen's feet towards the body so that her knees were pointing out. You used both your hands on her clitoris moving on and around it, and this is a continuation of Charge 11, rape. At this, Ms Allen removed the towel from her face and said she was uncomfortable.
9. You then licked her vagina and clitoris with your tongue, and this is a continuation of Charge 11. Ms Allen used her hands to tell you to get away from that area. You left the room again and she started getting dressed. You then returned and told her that you had not finished the massage. Ms Allen was shaking and told you to get away from her.
10. She left via reception. You told her to get a drink of water. She ignored you and threw a massage voucher at you.
11. She went to her car and called her husband but could not tell him what had happened to her because her son was present.
12. When she got home, she was very distressed, complained to her husband and called Triple 0. She spoke to the police that day and later that evening. She was taken to hospital for a forensic medical examination, and various items were seized.
13. The following day police executed a warrant at the massage business. Closed circuit television showed the complainants each arriving and leaving their various appointments.
14. You were arrested and exercised your right to silence.
15. You were charged and remanded into custody.
16. The following day, Ms Shepherd saw a report online about a local man being charged with sexual abuse and rape at a massage parlour in Epping. Ms Shepherd started shaking and showed her husband the report. He asked did this happen to you and she said yes. She contacted the police the following day and reported what had happened to her.
17. Later, there was DNA analysis of swabs taken from Ms Allen's body and from items that she had worn.

1. Turning now to my assessment of the gravity of your offending.
2. In the case of DPP v Mokhtari,[10] the court said this:

Every act of rape is inherently serious, simply by virtue of the invasion of the victim's bodily integrity without consent. It is, quite simply, an act of violence, whether or not accompanied by other violent conduct. The violation is physical, emotional and psychological. It follows that, aggravating features apart, all acts of non-consensual penetration are objectively serious, irrespective of the form and the extent of the penetration.

3. Your victims, five of them, were aged between 26 and 50 years old. They were vulnerable because accepting a massage service involves being in the hands of a stranger in private while in a relaxed state.
4. As will become clear, I will find that you did not have any misunderstanding about your victims' wishes. You may have had little or no training in massage, but no training is required to understand that your role is one of trust and respect for personal boundaries and physical integrity.
5. You took advantage of your position, and you offended in very intrusive and opportunistic ways. You persisted in the face of clear signs of rejection, objection and discomfort.
6. You offended against five women in extended ways.
7. I find the objective gravity of what you did to be very high.

1. Turning now to your personal circumstances.
2. You were aged between 52 and 53 at the time of your offending. You are now 54.
3. You were born in the city of Shenyang in the Liaoning province in north-eastern China. You migrated to Australia in 2004 on a working visa. You became an Australian citizen in 2009.
4. You recall a positive relationship with your parents, having been treated with kindness and with measured discipline. Your parents both worked in local factories which allowed them to sufficiently support your family.
5. Your parents both suffered significant injuries. Your father had an injured foot as a result of an industrial accident, and your mother lost an eye in her childhood. While they were able to overcome these problems, you report that they suffered ostracism and social exclusion from other families. Your parents have now both passed away.
6. School was a difficult place for you, you experienced challenges both academically and socially. You struggled to learn to read and report that your Mandarin literacy remains only basic. You were the subject of exclusion and bullying at school. You attributed this to your weight and to your parents' disabilities. This had the effect of undermining your self-esteem and left you isolated.
7. You did not complete a secondary education, discontinuing your schooling at the equivalent of Australian Year 6. You later did some training as a chef, and this has been your primary occupation as an adult.
8. You have been employed in a variety of roles since your arrival in Australia, including as a chef in Chinese restaurants, a tour bus driver and as a message therapist in your wife's business. Most recently, while you were on bail, you were employed as a chef in a Chinese restaurant.
9. You had completed no formal training either in massage or in any health-related discipline. You reported that your wife and another staff member provided on the job training.
10. You have been married to your wife since 2002 and emigrated to Australia together in 2004. You have three children: two sons and a daughter. Whilst your wife and sons are aware of this case, your daughter is not. Your wife has temporarily relocated to Sydney with your daughter to protect her from this matter.
11. Your offending has placed considerable strain on your relationships with your family. Despite this your wife remains supportive of you and remains committed to your marriage.
12. You reported to Dr Newton, psychologist, experiences of dysphoria. This was particularly prevalent during your childhood and recurred when you were remanded after your arrest. You have found in custody to be very isolated due to significant language barriers. You have, however, been able to connect with one other Mandarin-speaking prisoner, and you have been able to engage with the counselling services of a Christian pastor.
13. You reported to Mr Newton that you have been a 'heavy' drinker for most of your adult life. You commenced drinking alcohol in your late teens. You attributed your drinking largely to the culture in the hospitality industry, noting that over the course of a typical evening when working as a chef you would have consumed 'at least 10 to 12 bottles of beer or a couple of bottles of red wine'. You report that you had ceased drinking approximately two months prior to your assessment with Dr Newton, due to concerns regarding the long-term health impacts. You have never used illicit substances.

1. Turning now to matters in mitigation.
2. You have pleaded guilty to these charges, after invoking the sentence indication process, and I have placed particular emphasis on your pleading guilty in reducing your sentence in this case.
3. Without any criticisms of the victims, I observe that some spoke to each other prior to making police statements, which is perfectly understandable, but also creates circumstances capable of being exploited by a less responsible accused.
4. You never sought to use any of their hesitance against them about making complaints. Your pleas vindicated them entirely and spared them the stressful process of having their accounts tested. By your pleas you have said to the victims: 'you are right, this happened. You were telling the truth'. It is difficult to overstate the importance of this feature in mitigation of your sentence.

1. Turning now to the psychological material.
2. Mr Patrick Newton, psychologist, prepared a report and gave oral evidence on your plea.
3. He wrote that you have now 'recognised the effect of [your] offending on others.'
4. In the report Mr Newton raised the fact that you were 'unclear about the expectations of your role'. You, he said, anticipated that sexual services might be expected from your massage clients, and that you had a poor understanding of informed consent and that this had a role to play in your offending.
5. Under cross-examination these opinions were tested and Mr Newton provided further opinion to the effect that you were quite capable of observing and understanding clear indications of lack of consent to sexual activity, but that you persisted, and that you did so in order to gain sexual pleasure.
6. I find that you did not labour under 'mistakes or misunderstandings' but simply ignored or traversed your victims' rights in order to pursue your own sexual pleasure.
7. Mr Smallwood who appeared for you on your plea ultimately submitted, in reference to Mr Newton's evidence, that you are a low risk of reoffending, that your culpability remains high or very high, and that you have now recognised the impact of your offending, that you have expressed remorse, albeit of an inchoate kind.
8. I accept that on the basis of Mr Newton's opinion, and given your lack of prior history, and the very serious consequences of your behaviour, you are a low risk of reoffending.
9. I also accept and incorporate into the instinctive synthesis the fact that at 53 years old you are incarcerated for the first time in an environment with few Mandarin speakers which will compound the privations of custody for you.

1. Turning now to my assessment of the impact of what you did on your victims.
2. 'I always thought that if anything like this happened to me that I would fight, kick and punch' writes Ms Gordan in her victim impact statement. This, and the feeling that she should have done something more assertive earlier is a common theme throughout the victim impact statements before me on your plea.
3. It is a particularly pernicious and damaging feature of your offending that it began with touching that might appear at first accidental and which did not demand an immediately assertive reaction, and once you established compliance or self-doubt in your victims, mixed with a wish not to be seen as over-reacting on their part, little by little you moved towards very serious conduct by which time the victim has lost connection with her own protective impulses. The gradual transgression made them feel complicit in what followed.
4. I do not find you deliberately engineered this, but the effect of this and the other features of your offending on your victims has been profound. Each woman expressed a version of feeling somehow responsible for not reacting to your conduct more immediately; and their self-blame for not stopping you earlier is a theme throughout this material.
5. Let it be stated clearly here, those feelings of self-blame or disappointment in their own reactions are the pernicious consequence of the form of offending that you perpetrated. They were in a position of vulnerability and trust, they were alone with you, only wearing underwear and in a state of vulnerable relaxation.
6. I take into account that the effect of your conduct was to turn these women's decency into hesitancy and their self-respect into shame. I take the experiences of your victims into account in arriving at your sentence.

1. Turning now to the Serious Offender provisions.
2. From Charges 3 to 11 you will be sentenced as a 'serious sexual offender',[11] and this means that I must regard the protection of the community as the primary purpose of sentence on those charges, and I also must make sentences cumulate unless I otherwise direct.[12]

1. The charge of rape carries a standard sentence of 10 years' imprisonment.
2. This serves as a 'legislative guidepost' for my sentences on the rape charges.
3. That sentence is referable to an offence in the middle of the range of seriousness, taking into account only the objective factors affecting the relative seriousness and without considering things that are personal to you.
4. The standard sentence of 10 years operates to guide me; it does not change the way I calculate the importance of the other features of your sentence.
5. Totality has work to do here in particular. The number of charges and the seriousness of them means that very quickly a sentence emerges that is very high, and the purposes of sentence are served.
6. I have, in the end, imposed sentences that fall below the standard sentence; and it is necessary to do this to arrive at a just sentence in the circumstances of the overall task that I have.

1. The purposes of this sentence are uncontroversial on the plea. I will give particular weight to general deterrence, to denunciation and to just punishment. I accept that there is little work for specific deterrence in your case. There was little or no controversy, as I have said, about these matters on the plea.

1. Turning now to the disposition. If you will please stand up.
2. On Charge 1, sexual assault, you are convicted and sentenced to eight months' imprisonment.
3. On Charge 2, rape, you are convicted and sentenced to six years' imprisonment.
4. On Charge 3, sexual assault, you are convicted and sentenced to 12 months' imprisonment
5. On Charge 4, rape, you are convicted and sentenced to six years' imprisonment.
6. On Charge 5, sexual assault, you are convicted and sentenced to eight months' imprisonment.
7. On Charge 6, sexual assault, you are convicted and sentenced to 12 months' imprisonment.
8. On Charge 7, rape, you are convicted and sentenced to seven years' imprisonment.
9. On Charge 8, rape, you are convicted and sentenced to six years' imprisonment.
10. On Charge 9, sexual assault, you are convicted and sentenced to 12 months' imprisonment.
11. On Charge 10, sexual assault by compelling sexual touching, you are convicted and sentenced to 12 months' imprisonment.
12. On Charge 11, rape, you are convicted and sentenced to seven years' imprisonment.
13. I make the following orders for cumulation.
14. The sentence on Charge 7, rape, will be the base sentence.
15. One month of the sentences on Charges 1 and 5; two months of the sentences on Charges 10, 9, 6 and 3; 13 months of the sentences on Charges 2, 4, and 8, and 16 months of the sentence on Charge 11 will be served cumulatively upon each other and upon the sentence on Charge 7, resulting in a total effective sentence of 12 years and five months.
16. I direct that you are to serve eight years' imprisonment prior to becoming eligible for parole.

1. Turning now to my indication pursuant to s 6AAA of the Sentencing Act.[13]
2. Had you not pleaded guilty but been found guilty after trial, I would have imposed a head sentence of 16-and-a-half years with a non-parole period of 10-and-a-half years.
3. Thank you, Mr Tang, take a seat.

1. I make the disposal order as sought for the four items listed on the schedule.

1. I note that pursuant to s 18 of the Sentencing Act you have already served 102 days by way of pre-sentence detention.
2. Madam Prosecutor are there any outstanding orders. I note that there is no application pursuant to the Sex Offenders Registration Act.[14]
3. MS GRAY: There is not, Your Honour. If I could just make one correction - - -
4. HER HONOUR: Yes.
5. MS GRAY: That the summary of prosecution opening was filed on 7 October. The reference in Your Honour's remarks was to the sentence indication - - -
6. HER HONOUR: Thank you.
7. MS GRAY: They're essentially identical.
8. HER HONOUR: I appreciate you making that amendment. Thank you, counsel. The orders will be published. There are a great many sentences, I would appreciate if you could both check the orders for cumulation to arrive at my intended sentence of 12 years and five months.
9. MR HOWARD: We will, Your Honour.
10. HER HONOUR: Please convey my thanks to the counsel who appeared at the sentence indication and plea hearings. And I also extend my gratitude to those who attended in court as part of this process, you have the right to be here. Thank you, we'll rise.

[1] Crimes Act 1958 (Vic) s 40.

[2] Ibid s 38.

[3] Ibid s 41.

[10] [2020] VSCA 161, [41].

[11] Sentencing Act 1991 (Vic) s 6D.

[12] Ibid s 6E.