Jerome Tennison, you have pleaded guilty to one charge of sexual assault. The maximum penalty for this offence is 10 years imprisonment.
You have no prior convictions and no matters outstanding. The prosecution tendered a summary of prosecution opening on plea as Exhibit A. The prosecution also tendered the video footage from the back of the taxi where your offending occurred. A summary of your offending is as follows.
On Saturday 24 June 2017 you were at a hotel in Richmond with friends. The victim in this matter, Maya Lancaster[1], was about 19 years old at the time of your offending. You were about 20 years old. You were friends with the victim's boyfriend.
During the course of the evening, the victim became heavily intoxicated. You also had a considerable amount to drink. Towards the end of the night, you were both ejected from the hotel because of your levels of intoxication. It appears there had been a degree of intimacy between the two of you outside the hotel at this point, but that is not entirely clear, nor is it particularly relevant to the offence to which you have pleaded guilty.
At the end of the night, you were to share a taxi home with the victim and her boyfriend. The victim's boyfriend realised that he had left his mobile phone inside the hotel. He got out of the taxi and asked you to ensure that the victim got back home before you went on to your own home.
At some time during the taxi ride, you instructed the driver to drive to your place. Along the way, with the assistance of the recorded footage showing the inside of the taxi, it is apparent that you put your hand down the victim's pants and rubbed the outside of her vaginal area. You also put your hand inside her top and touched and exposed her breasts. You modified your behaviour and tried to cover your actions when the taxi driver looked back to where you were sitting.
It is apparent from looking at the footage, as it was apparent to you at the time, that the victim was extremely intoxicated, and was either unconscious or barely conscious at the time you assaulted her. In any event, it is apparent from your plea of guilty**,** that you acknowledge that you did not have the young woman's consent, and that she was incapable of consenting at the time you assaulted her.
Your assault took place over about a 12 minute period. You spread the victim's legs and put your hand down her pants on multiple occasions**.**
As I have previously remarked, you directed the taxi driver to take you to your place. You made an attempt to pay, but your card failed. You entered your home, closed the door and did not reappear. You left a young woman who you knew to be extremely intoxicated to deal with the taxi driver. As she had no money to pay him, the taxi driver left her outside your place. She banged on your door but you refused her entry.
The victim went to your neighbour's house. Showing true community spirit, he let her in and drove her safely home. The victim reported your assault to her boyfriend and family members on her arrival.
You contacted the victim by social media the following day, not to ask about her welfare or how she got home, but to ask her to give your jacket back to you.
You were arrested by police on 7 September 2017 and made a no comment record of interview. You were initially charged with rape, but the matter resolved to the charge you now face. I was told that you had offered a plea to a charge of sexual assault in August 2018, but the plea was initially rejected. In these circumstances, I accept that your plea was made at an early time and that it has utilitarian benefit.
I received victim impact statements from Maya Lancaster and her parents. The effect of your offending on Ms Lancaster has been profound. Ms Lancaster has tried to end her life on several occasions and finds every day a battle to undertake normal day to day tasks. Her perception of herself as a worthy person has plummeted.
It is also apparent that her parents have also suffered greatly; watching their daughter in such a state then with the disruption of the constant hospital, psychological and police interventions has enormously disrupted Mr Lancaster's[2] business. It cannot realistically be suggested that your offending caused, but it seems the disruption has at least contributed at least in a small part, to the separation of her parents.
I acknowledge the tenacity and courage of Maya Lancaster and her parents coming to court and reading their own statements to me.
When I come to assess the objective gravity of and your moral culpability for your offending, I can only consider it to be serious offending, and that your moral culpability is high. You took advantage of this young woman in disgraceful circumstances. Your friend entrusted you to get her home. It was apparent to you that she was severely intoxicated, and as such, she required your protection, not your exploitation. After you callously assaulted her in the prolonged persistent and repeated manner as I have described, you selfishly diverted the taxi to your home first and left her in the most precarious of circumstances.
The manner in which you took advantage of this young woman and then left her, displays a complete failure of your moral compass and social responsibility. Your attitude to women, as demonstrated by your actions, is to be condemned by the community. Such predatory behaviour, instead of protection of the weak and vulnerable, must be met by principles of deterrence, denunciation and just punishment.
I turn now to your personal circumstances.
You are 23 years of age and were born on 21 September 1996. You have four siblings from your parents' previous respective relationships. Your parents both worked as professionals. Although your parents separated when you were young, you had a good upbringing.
You completed your Year 12 at Whitefriars College in Donvale. You preferred more "hands-on" subjects to academic pursuits and after school commenced an apprenticeship as a plumber. You completed the apprenticeship in January 2020, and you continued work with your employer who knows of your offending and is supportive of you.
You were single at the time of the offending, having just come out of a three to four year relationship. You still have the support of your ex-partner.
You were binge drinking to hazardous levels around the time of the offending, and on the night of your offending you told the psychologist that you drank as much as you ever have previously in a single session. Psychologist Patrick Newton assessed your drinking patterns as meeting the criteria for 'hazardous alcohol use'.
From 2018 until February 2020 you undertook 16 counselling sessions on the issues of alcohol abuse, enhancing your coping skills in social settings (which you find invokes anxiety) and improving your understanding of sexual consent. You accompanied this counselling with a significant period of abstinence from alcohol. The psychological report of Geoffrey Burrows states that progress in improving your social skills has been relatively slow. Further intervention is required for you to develop insight into your offending behaviour.
Similarly, you were assessed by psychologist Patrick Newton. Mr Newton stated that your level of insight into your offending and empathy for the victim was limited. In Mr Newton's opinion, your difficulties relating to empathy and insight reflect your broader immaturity and point to the importance of completing further offence specific treatment.
Mr Newton assessed your mental state as normal with your cognitive functioning described as low to average.
Ultimately, Mr Newton considers that you are immature for your age with only partially formed views on major life issues. You have**,** as I have said**,** considerable difficulty in social situations.
Significantly, Mr Newton undertook a comprehensive assessment of your risk of sexual reoffending. He concluded you are best assessed as posing a low to moderate risk of reoffending. With successful completion of treatment to address the dynamic risk factors, there is a good prospect that your risk of recidivism will trend towards a low risk range over the medium term.
Further, Mr Newton recommends targeted alcohol-related education and counselling.
In my view, your prospects for rehabilitation (which I will address in more detail in a moment) depend heavily upon you addressing your binge drinking of alcohol and your difficulties of insight and empathy in order to reduce your risk of sexual reoffending.
I have read the references which were attended on your behalf. It is apparent from the references that you are loved and supported by your family and friends.
Mr Casement submitted that the sentence I impose upon you should be mitigated by the following:
your early plea of guilty (which I have already accepted), attended by remorse and acceptance of responsibility for your actions;
that you remain an immature and young man so that the principles in the case of Azzopardi should be held to apply;
in addition to your youth, you have no prior criminal history and you are described in references as a hard worker who has helped other people. Moreover, with your qualification and family support, you have good pro**-**social support which enhances your prospects for rehabilitation; and
there has been delay because the Crown did not accept the offer you made in 2018. You kept working and finished your qualification as a plumber. In other words, the time was used well and does not simply reflect a "period of no further offending".
Ultimately, Mr Casement submitted that a combined sentence of imprisonment with the CCO was the appropriate sentence in this case.
Mr Pirrie**,** who appeared on behalf of the Crown**,** expressly agreed with that submission that a combined sentence of imprisonment with the CCO was appropriate in this case.
Nevertheless, whilst the Crown agreed that your plea of guilty has a utilitarian benefit, Mr Pirrie submitted that you have a way to go in respect to your rehabilitation.
Ultimately, I do consider that you have reasonable prospects for your rehabilitation. However, as I have already pointed out, you do have a way to go; especially in relation to your maturity, insight, empathy and alcohol consumption. However, you will be assisted in your prospects for rehabilitation by the strong pro**-social support network you have available to you on your release from prison and by the offer of re-**employment made by your current employer.
After the plea was made**,** I received a submission dated 24 March 2020 from Ms Condon in relation to the effect of the current COVID-19 pandemic. This is your first time in custody, and I accept that it will be made more difficult by your separation from your family. The difficulties manifest in two ways. First, there has been a suspension of personal visits and the opportunity for telephone calls has become more restricted. Second, your opportunity to work and occupy yourself meaningfully in prison has been reduced as prisoner work has been limited to essential tasks only.
I appreciate that these factors will add to the stress of your time in custody.
I also take into account that your confined environment causes you stress as you worry about catching the virus and that you worry about your family and their exposure to the virus in circumstances where you cannot be with them.
I can say that I have taken all of these factors into consideration and that they have had some effect in mitigating the sentence that I will impose upon you.
After the plea, I remanded you in custody. I made it clear that I considered your offending and the circumstances in which it occurred to very serious. It is apparent from everything that I have said so far that a period of imprisonment must attach to your offending. A clear message of deterrence must be sent:
sexual assault will not be tolerated and will be severely punished; and
respect for women in all circumstances must be upheld. Society and our justice system will not tolerate young men who prey on vulnerable women.
At this stage, I want to address Maya Lancaster. Ms Lancaster, I say to you again: I applaud your courage and tenacity in coming to court on the previous occasion and today. I have taken into account fully the impact that this offending has had upon you and I can only hope on behalf of the community that you yourself are able to rehabilitate and get well and put this matter behind you sometime in the future.
Turning back to you though, Mr Tennison. On the date of the plea I agreed to the submission that you should be assessed for a community corrections order. The report concludes that you are suitable to undertake a community corrections order. The order states that you have engaged well through the assessment process and it notes that you felt sick watching the CCTV footage when it was played in court. I note that your employer is willing to offer you re-employment following your release from custody, but you feel confident that with your qualification as a plumber should that not occur in these troubled times, you should be able to obtain work with another agency. The report states that you will be required to report to the Ringwood Community Corrections Centre.
Now Mr Tennison, it is my intention to place you on a Community Corrections Order for a period of 18 months upon your release from custody. The general conditions of a Community Corrections order are first, that you:
must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; I must inform you that most offences even if a period of imprisonment is not imposed, are punishable by a period of imprisonment;
must comply with any obligation or requirement prescribed by the Corrections regulations;
must report to, and receive visits from the Office of Corrections during the period of the order;
must report to the Community Corrections Centre in Ringwood within 2 clear working days after the order comes into force; so that is after your release from prison;
must notify the Secretary of any change of address or employment within two clear working days after the change;
must not leave Victoria except with the permission, either generally or specifically of the Office of Corrections;
must comply with any direction given by a member of the Office of Corrections that is necessary to be given to ensure that you comply with the order.
directions may be given either orally or in writing.
Mr Tennison, do you understand the general conditions?
OFFENDER: Yes.
HIS HONOUR: Thank you. There are further specific conditions that I intend to impose;
first, that you submit to alcohol treatment and counselling;
secondly, that you complete offender behaviour programs and specifically the Sex Offender program; and
third, that you submit to supervision for the period of 18 months, that is for the life of the order after your release from prison.
Do you consent to the making of an order in those terms?
OFFENDER: Yes.
HIS HONOUR: Thank you. In the circumstances, the order is that you are convicted and sentenced to a term of imprisonment of seven months, to be released on a Community Corrections Order for a period of 18 months upon release, with special conditions that you submit to alcohol treatment and counselling, the Offender Behaviour program and specifically the Sex Offender program and submit to supervision for a period of 18 months after your release from prison.
I declare the period of pre-sentence detention of 23 days reckoned as already served, and the s.6AAA declaration is but for your plea of guilty, I would have sentenced you to a period of 20 months' imprisonment.