DPP v Torrefranca [2019] VCC 1869

3 In addition to making oral submissions, your Counsel relied on a written Outline of submissions on Plea (Exhibit 1), a Psychological Report prepared by Carla Lechner dated 14 October 2019 (Exhibit 2), a bundle of eight character references (Exhibit 3), and table of EMDR therapy history (Exhibit 4).

4 I have had regard to each of those exhibited documents in formulating my reasons for sentence as well as the matters developed in oral argument.

5 At the time of the offending, you were 62 years old and lived in Point Cook. You were undergoing a period of probation, commencing 21 February 2018 ie just short of six months prior to this offending, which was a prerequisite before you obtained a full time position as a disability support worker with [REDACTED]. You were working as a disability support worker at the supported accommodation facility located at [REDACTED].

6 The two victims were residents at the supported accommodation facility at [REDACTED] and were clients of [REDACTED].

7 Maya Dyring was 26 years of age. She was affected by an intellectual disability and cerebral palsy, which are both cognitive impairments as defined by s 52A of the Crimes Act 1958 (Vic) and s 3 of the Disability Act 2006 (Vic). As a result of her impairments, Ms Dyring was unable to walk independently and required the assistance of walking aids.

8 Katie Hawker was 40 years of age. She was affected by an intellectual disability and a condition known as cerebellar atrophy, which are both cognitive impairments as defined by s 52A of the Crimes Act and s 3 of the Disability Act. Ms Hawker had also been diagnosed as suffering from depression and psychosis which are both mental illnesses as defined by s 52A of the Crimes Act and s 4 of the Mental Health Act 2014 (Vic). In addition to those impairments, Ms Hawker was affected by conditions known as congenital myopathy and muscle fibre disproportion, which rendered her unable to walk independently, and required her to use a wheelchair. She had also been diagnosed with Raynaud's disease, Bell's Palsy Lymphoedema and diabetes.

9 On 7 August 2018 at approximately 2:50pm, you attended at [REDACTED] to commence your shift. I understand that you were the only disability support worker rostered until 4pm, when a second worker would then commence their shift and join you. Ms Dyring opened the door and invited you into her home.

10 You asked Ms Dyring if she would like to talk to you while you checked your emails. Ms Dyring agreed and you took her into your office and closed the door behind you. You sat on the foot of a bed that was in the office, while Ms Dyring sat on a chair that was next to the foot of the bed.

11 While you were sitting at the foot of the bed, you began to open the zip on Ms Dyring's vest. You told her that she should take off her vest and she complied. You then placed your hand under her clothing and started to rub the skin on her back.

12 You then moved your hand to the front of Ms Dyring's body, and while your hand was under her clothing, you rubbed her abdomen in a circular motion. You then moved your hand onto her breasts and grabbed them. Ms Dyring described you opening and closing your hand as you grabbed her breast. Ms Dyring told you to stop, and you removed your hand from her clothing (this is the conduct referable to charge 1 on the Indictment, of sexual assault).

13 You remained sitting at the foot of the bed for a few minutes before you unfastened Ms Dyring's belt and placed your hand down her pants and between her underwear and her body. You then inserted your fingers into Ms Dyring's vagina for one or two seconds (this is the conduct referable to charge 2 on the Indictment, of sexual penetration of a person with a cognitive impairment or mental illness). You then removed your fingers from Ms Dyring's vagina and stepped away from her.

14 After a short time, you came closer to Ms Dyring and lifted up her top. You then placed your mouth on her left breast and sucked on her nipple (this is the conduct referable to charge 3 on the Indictment, of sexual assault).

15 At that point in time Ms Hawker, who had been engaged in an activity outside her home, returned and entered the house. You heard her open the front door and stopped what you were doing. You then told Ms Dyring that she should not tell anyone what had happened. You then opened the office door and left the room. Ms Dyring noted that you appeared to be in a good mood.

16 Ms Dyring then left the office and went back to her room. After cleaning her room, she took the dog for a walk with a student undergoing a placement at the [REDACTED] house.

17 You then approached Ms Hawker, who had just returned home from an activity. She asked you to help her shower, which was part of her usual afternoon routine. Because of her disabilities, Ms Hawker required some assistance with showering. The procedure that was to be followed during her shower had been documented and was available to each of the workers who assisted her with her care. As she was wheelchair bound, a hoist was needed to assist her to be placed onto a "commode chair" which was then wheeled into the shower. Once in the shower, Ms Hawker was able to wash herself independently. However, she did require assistance to wash her back and her anal area.

18 During the shower, Ms Hawker asked you to support her by washing her back and buttocks. You placed a pair of gloves on your hands and assisted her in that way using a small towel.

19 While you were washing her in that way, you moved the small towel from her anal area onto her vagina and "played around with it" (this is the conduct referable to charge 4 on the Indictment, of sexual assault). That activity was not part of the shower routine that had been established for Ms Hawker.

20 After you had finished washing Ms Hawker's buttocks, you moved around to the front of her body and spread her legs apart. You then inserted your fingers inside her vagina and moved them around four or five times (this is the conduct referable to charge 5 on the Indictment, of sexual penetration of a person with a cognitive impairment or mental illness).

21 Ms Hawker told you not to touch her as she got out of the shower. She also told you that she needed a break. You then told Ms Hawker not to tell anyone else about what had happened as you could lose your job. You then escorted Ms Hawker back to her bedroom.

22 Cassie Bailey[4], who was also employed as a carer at the [REDACTED] house, arrived at approximately 4:00pm. When she arrived, Ms Hawker was in her bedroom putting on her pyjamas. You were also in Ms Hawker's room, but you left the room soon after Ms Bailey arrived. Ms Hawker called out to Ms Bailey, who observed that Ms Hawker appeared to be upset and asked her what was wrong.

23 Ms Hawker then told Ms Bailey that a male carer had played with her private parts while she was in the shower that afternoon. She also told Ms Bailey that he had told her not to tell anyone or he would lose his job. You were the only male carer who was working during the period of time in which the offences took place.

24 After Ms Dyring returned from walking the dog, she heard Ms Hawker in her room. She noted that Ms Hawker sounded distressed. As a result, she went into Ms Hawker's room and asked her what was wrong. Ms Hawker then told Ms Dyring that you had placed your hand up her vagina. Ms Dyring told Ms Hawker that the same thing had happened to her too.

25 Ms Dyring then tried to tell Ms Bailey what you had done. However, she was very distressed and unable to articulate clearly what had happened. Ms Dyring then showed Ms Bailey her computer tablet, on which Ms Dyring had written what had occurred. Ms Bailey told Ms Dyring that she should tell "Adrian[5]" what had happened (Adrian Schmitt[6] was the manager of the house).

26 Ms Hawker and Ms Bailey then contacted Mr Schmitt by telephone and told him what you had done to Ms Hawker. Mr Schmitt advised them to contact the police.

27 Mr Schmitt then telephoned you and told you that you had to leave the house immediately.

28 Ms Bailey then assisted Ms Hawker to call the police, and she reported what had occurred.

29 At approximately 5:37pm, you sent an SMS to Mr Schmitt, which read, "I am tendering my resignation effective immediately thanks".

30 At approximately 6:45pm, First Constable Alanna Lander and First Constable Jesse Williams attended the residence. They spoke with Ms Hawker, Mr Schmitt and Ms Bailey in the hallway outside Ms Hawker's room.

31 While the group was discussing what had happened, Ms Dyring approached Mr Schmitt and First Constable Williams and showed them what she had written on her tablet. First Constable Williams took a photograph of the tablet which contained the following text:

"2.50 pm Today the guy came and I opened the front door and he said to me do you want to talk to me while I check my emails and I said yes and I went into the office and he sat on the bed and started rubbing my back and then he put his hands on my boobs and then I told him not to do it and then he stopped and then he put his hand down my pants and I said what are you doing".

32 First Constable Williams then contacted the Westgate Sexual Offences and Child Abuse Investigation Team.

33 On the day of the offending at 7.50pm, police attended at the residence at conducted disclosure interviews with the victims. VAREs followed on 10 August 2018.

34 You were arrested at your home address on 21 October 2018, and were taken to the Werribee Police Station where your were interviewed. During the interview, in relation to Ms Dyring, initially you claimed that you had almost no interaction with her while you were at the residence. You described her as being independent and able to drive and walk the dog. You noted that she found it difficult to communicate at times. However, after investigators advised what you had disclosed, you told them that you had invited her into the offence and rubbed her back. You then claimed that she could hardly walk, was unable to open doors, and was unable to walk the dog. When you were asked whether you grabbed her breasts, you denied grabbing them, but said that you may have brushed them while you were rubbing her back. You denied placing your hand down her pants, and denied that you ever touched her clothing.

35 In relation to Ms Hawker, you provided a full account of what you said had occurred, claiming that "she asked me to wash her ass and pussy" as part of "personal care." You denied placing your fingers into her vagina. You claimed that you told her that her "skin was smooth and without blemishes."

36 You claimed that the victims may have complained about you, because you did not allow them to go across the road to the fish and chip shop.

37 Subsequent analyses of biological samples undertaken by the Victorian Forensic Services Department in April 2019 provided extremely strong support for you being a contributor to a mixed DNA profile taken from the left and right breast regions of Ms Dyring's t-shirt. An extract from the sample of the inside left breast region of the t-shirt also gave a positive result to a test designed to detect human saliva.

38 I have previously noted the distress of each of the victims following the incidents.

39 The Prosecution tendered three victim impact statements at the plea hearing.

40 In Ms Maya Dyring's statement, she describes to me the effect of your offending upon her as follows:

"I lose my appetite and could not sleep

I do not feel safe with new team members

I can not go out for long periods of time I don't like lots of people

I am having nightmares and very bad flashbacks

I still go to counselling

I can not talk about it

I don't think I will ever get over it

I don't feel safe in my own home"

41 Ms Dyring's mother, Victoria Dyring, told me in her victim impact statement:

"My daughter Maya has Cerebral Palsy and an intellectual disability. Maya can walk short distances on sticks and relies on an electric wheelchair for mobility. When Maya walks she is extremely unbalanced will fall with a slight knock. She has difficulty with fine motor skills, and a speech impediment which can initially make it difficult for people to understand her. Maya also has difficulty reasoning out problems. She needs assistance with many day to day aspects of her life. Maya is extremely vulnerable - physically, mentally, and emotionally.

As Maya's mother I have to trust that the people employed to care for my daughter will care for her. Trust that when the people employed to care for Maya are with her - they will care for her feelings. Trust that they will treat her respectfully. Trust that they will look after her needs. Trust that they will place her needs and wants over their own. Trust they will not hurt her or take advantage of her in any manner. Trust that they will act in a way that enhances her life. All we have is trust. Maya has no defences.

Trust takes time to build. It is very difficult to trust unconditionally, and yet I have to. There is no choice. Trust takes a significant time to grow. For me it has taken decades.

My trust has been destroyed.

I now have grave anxiety about Maya being put into a situation she cannot handle and watch her from a distance in public places to ensure she is safe. I very much want Maya to have a life that allows her freedom to do things she wants to do, but continually fear for her safety.

I am angry, extremely angry. My anger is still white hot. I cannot see a time where I will not be angry and filled with this rage.

I am having trouble sleeping, and have withdrawn from social life. I still cannot find the words to discuss my feelings with family or friends.

My focus continues to be on Maya's healing. To do what I can to help her self confidence return, to encourage her to participate in activities and enjoy her life, to tell her how loved she is. It has been an extremely difficult time.

Maya has always been dependent on others. The only area of her life that Maya had complete control over was choosing a sexual partner. This tiny bit of control was stolen from her. Words fail me.

I WILL NEVER FORGIVE. EVER."

"I remember when he came into the bathroom. He touched me, I told him to stop and no! don't do it. He told me not to tell anyone. I felt very angry, upset and dirty. He hurt me. I told another staff member what had happened, while I was telling the staff member in private, I was very upset, crying, embarrassed and frustrated that I was put in the position that I needed to tell some one. It should not have happened to me in the first place. I don't want anyone else to have to go through what I have been through.

The difficulty was trying to get to sleep, with the attack going through my mind.

I was affected mentally, really upset, emotionally distraught, embarrassed, finding it difficulty to trust new staff members. I was disappointed that I trusted him, he made me feel dirty, I needed to tell another staff members what had happened. That made me angry, upset and embarrassed.

At the moment, months after this happened, I feel guilty sometimes, anxious with new staff members and remembering the attack.

The counsellor I spoke to has helped a little.

I am glad I told the police even though telling them made me upset, angry, frustrated and embarrassed.

Looking forward I hope my sleep will sort it self out. That I will be able to trust new staff members.

I would like the judge to know that I am glad I spoke up, it was the right thing to do, so no one else would be hurt by him."

43 Your offending has caused each victim distress and trauma.

44 You were charged following your interview. Your matter proceeded to a contested committal at the Melbourne Magistrates' Court in March 2019 (neither victim was cross-examined). You were committed for trial and entered pleas of not guilty. The matter was listed for trial in this court to commence on 26 August 2019. On 25 June 2019 the matter resolved, and you pleaded guilty to this Indictment on 2 July 2019. Whilst you initially denied any wrongdoing, I accept and take into account that you pleaded guilty prior to the commencement of trial and that saved the need for the victims to attend at court to give evidence. By your plea you accept the case as alleged by the prosecution.

45 As submitted by your counsel, and addressed by your family and friends in their references to which I will return, I find that your pleas are indicative of remorse as well as having utilitarian value, particularly the value of sparing the victims the trauma and inconvenience of needing to come to court and be cross-examined.

46 You are now 63 years of age, and were 62 at the date of offending. You have been married to your wife Cora for 35 years, and your 34 year old son Marco lives with you.

47 You are the second of four children born to loving parents, both of whom are now deceased. You grew up in a town in the south of the Philippines. Your family is Christian and you recall ongoing problems with the Moslem New People's Army. Your father was the Chief of Police, and you described to Carla Lechner, psychologist, that he took you everywhere, which led to your exposure to scenes of violence and murder. Your siblings all still live in the Philippines.

48 You successfully completed Year 12, then a Bachelor of Science in Engineering, and eventually a Master of Business Administration. After leaving school, you worked as a cadet engineer with a coconut oil company for about 12 months, and then with a desiccated coconut company for ten years, initially in production and later in personnel.

49 As the company was American owned, you told Ms Lechner, this led to problems with the New People's Army, who then assassinated your boss and I am told that you were next in line. You received threatening letters on a regular basis and you and your wife moved home on account of being harassed. You eventually resigned that position after witnessing the death of a number of employees.

50 You then worked for an Australian company, and were again exposed to threats and harassment, and were upset when you spoke of this subject with Ms Lechner. You remained with this company for three or four years and then moved to Australia with your wife and son in 1990 in the context of growing corruption.

51 Upon arrival, you lived in Sunshine with your wife's uncle, and then independently as a family. You enjoyed the lifestyle here, and adjusted quickly. You worked as a security guard with the Ministry of Housing for two years, then as a prisoner officer for about ten years. You lost your job at Port Phillip Prison after you gave a prisoner a razor blade, and the prisoner harmed himself. During your time in the prisons, you were again exposed to violence and suicide.

52 After leaving the prison system, you worked with people suffering an acquired brain injury for about 6-8 months, then worked on Manus Island with the Salvation Army for six months, helping young men to build and maintain buildings, and later on Nauru for 3-4 years on a two weeks on, two weeks off basis. You have a long and successful work history. You worked with [REDACTED] until you resigned following this offending.

53 In 2018, you obtained a Graduate Diploma in Human Resources at Victoria University and worked with an agency that provided staff to residential units for disabled persons - this was your professional position until your offending. You were studying a Diploma in Community Services, but you have not been able to complete your coursework, and now you will not be able to work in community services.

54 You have no previous criminal history. Prior to the commission of these offences, you were a person of good character. This factor matters less given that you needed to have been of good character in order to be in the position of trust which you exploited in commission of the offences. However, it is still a matter of some importance, and I attach some mitigatory weight to your previous good character.

55 Your family and friends know of these offences but still stand beside you. I received eight character references on your behalf (Exhibit 3), which I have read and considered very carefully. A short summary of some of the points made by the authors now follows.

56 Your son Ronn, a retail assistant who works in his spare time in freelance work following his completion of a Games and Interactivity Degree at Swinburne University, describes you as a person who enjoys golf and fishing and flying light sport aircraft, He says that your favourite genre in movies and TV is usually about war. You are capable at gardening, cooking, and generally knowing how to fix things, including repairs around the house, and even tailoring the tears in clothes. To family and friends, he says, you are a jovial man, quick to be the one to lead cheers in support of others. Ronn has always found you to be a selfless and agreeable husband to his mother, and always a stable figure in his life.

57 Your wife Cora works as a Program Officer for a national settlement service organisation, with a history of working in the field of human rights. She has known you for 40 years. She says that you have always been a devoted father and husband, who took over the daily caring of your newly born baby when your wife faltered, whilst at the same time working to bring food to the table and a roof over your heads. You supported her during workplace bullying that led to her having mental health issues which led to her staying home for a couple of years. She describes you as the type of person who gets along with everyone, regardless of age or gender or status in society, and an active participant in your community church groups. She describes you as charitable, never forgetting or turning your back on friends or relatives who have not done well in life.

58 Walter Villagonzo, former President of the Filipino Club of Werribee, and Citizen of the Year of the City of Wyndham in 2015, has known you for 22 years. He knows you to be friendly and approachable, with extensive experience working with diverse communities.

59 Gerard Santuico has known you for 22 years. He says that his reaction when you spoke to him about your situation and charges was both shocked and stunned. He knows you to be a sociable, friendly and helpful person, and a valued member of the Catholic renewal movement, Couples for Christ. He has always known you to be a decent, hardworking and trustworthy individual.

60 Your wife, Mr Villagonzo, Mr Santuico, Ron Skeggs, Accountant, Father Paul Cong Tru Nguyen and others speak of your deep regret and remorse for your actions, and your acknowledgement that you have brought shame and much disappointment to your family and close friends.

61 Carla Lechner observed a range of symptoms of depression in you, at a clinical level. You have experienced a high level of anxiety whilst waiting for the resolution of your matter and you have been seeing psychologist Dr Dara Murphy to assist with that anxiety. You are most anxious about "the thought of going to jail. I used to work there." Ms Lechner administered a number of empirical tests, and noted that your score on the Beck Depression Inventory fell into the "extreme" range, which was consistent with a diagnosis of clinical depression. On the Beck Anxiety Inventory you had a result in the "moderate" range.

62 You reported to her that you did not suffer these symptoms prior to these events.

63 You have been cognitively assessed and found to be in the average / high average range of intelligence.

64 In Ms Lechner's professional view, you currently present with symptoms of Adjustment Disorder with Depression and Anxiety (DSM-V) reactive to your current situation and this court hearing. You also have some features of post-traumatic stress disorder, mainly avoidance and denial. You often feel hopeless in the face of traumatic events and appear to have compensated by seeking out jobs that focus upon helping others. You would be assisted by ongoing psychological work that works through your history of trauma, and further education on those topics.

65 Notwithstanding that your symptoms of depression, anxiety, and your adjustment disorder condition are reactive to the situation that you have created for yourself by committing these crimes, I will allow some mitigation of sentence to reflect the fact that service of your term of imprisonment will be more onerous upon you as a result of the symptoms that you have experienced, which symptoms have also arisen from your need for vigilance whilst in custody as a result of your previous employment in the prison system.

66 Ms Lechner opined that you appear to engage in denial and minimisation in respect of the impact of multiple traumas on the psyche. You have a strong desire to be seen by others, and to regard yourself as "independent, capable and in control." At interview, to your credit, you impressed Ms Lechner as being capable of reflective and consequential thinking.

67 You have not used illicit drugs, and drink only occasionally. You are taking medication for high blood pressure, diabetes and cholesterol.

68 I note that, in the course of your psychological assessment by Ms Lechner on 10 October 2019, you told her in relation to your offending against Ms Dyring that you admitted sucking on her breast, arising from your curiosity, and you believed she was sexually aroused and you thought you might provide her with sexual relief, hence touched her vagina. When she recoiled, you woke up to yourself and immediately removed your hand. You admitted you may have been sexually aroused at the time of your offending. You expressed deep shame to Ms Lechner for your behaviour.

69 To Ms Lechner, you maintained your denials of improper conduct in relation to Ms Hawker, and claim that you did not insert your fingers into her vagina. You accepted that you may have touched her vagina in the act of washing and rinsing her.

70 Ms Lechner assessed your risk of sexual reoffending using the STATIC -99 and the Sexual Violence Risk -20 (SVR -20). Based upon her empirical and forensic testing, she expresses the view that you are in the low risk category of sexual reoffending relative to other male sex offenders. I accept and adopt this professional opinion. I share Ms Lechner's view that you are likely to benefit from further education regarding appropriate sexual boundaries and therapy that address your level of exposure to trauma and associated compassion fatigue.

71 I therefore consider that, notwithstanding the seriousness of this offending, you have good prospects of rehabilitation. This will be reflected not only in the head sentence which I must impose, but also by allowing for a considerable fraction of your sentence to be served on parole following your completion of the minimum term.

72 In addition to Ms Lechner's professional opinion, I reach this conclusion based upon the combination of the following facts in your case:

• there is no subsequent offending, and you have complied with your bail conditions since the date of charge;

• your pleas of guilty and remorse for the offending;

• your strong support from family and friends; and

• the salutary effect of your term of imprisonment.

Sentencing submissions, relevant sentencing principles, current sentencing practices

73 I take into account the other purposes beyond rehabilitation for which sentence must be imposed. General deterrence is a prominent sentencing consideration, also, to a lesser extent in your circumstances, the sentences I will impose will punish you and denounce your conduct.

74 All of the charges on the indictment are sexual offences for the purposes of the serious offending provisions in the Sentencing Act 1991. This means that after you are sentenced to a term of imprisonment for two of the offences (and it has properly been conceded by your counsel that sentences of imprisonment must be imposed for all offences), you are to be treated as a serious sexual offender with respect to the remaining offences. Consistently with ss 6D and 6E, in relation to charges 3-5, I must regard the protection of the community from you as the principal purpose for which the sentences will be imposed, and I must, unless I otherwise direct, order that the sentences on those counts be served cumulatively upon any uncompleted sentence or sentences on you. Counsel for the Prosecution did not submit that disproportionate sentences should be imposed.

75 Your counsel submitted that the charges that relate to each victim reflect different elements of conduct that occurred "in a single episode." As such, it was said, they should attract significant or complete concurrency; however, some cumulation was conceded so as to reflect the separate harm done to each of them. Though the five offences were committed over the short span of approximately an hour, I consider it more apt to describe the offending against each victim as being separate criminal conduct involving multiple violations of the sexual privacy and dignity of each disabled victim, with the two periods of conduct shortly separated in time. I am mindful of the totality principle of sentencing, as I must be.

76 Whilst each individual act of touching and penetration was brief, each offence involved a breach of the trust invested in you in your paid employment as a disability support worker. I accept the prosecution characterisation of the breach of trust in this case as "truly shocking." Ms Dyring was affected by an intellectual disability and cerebral palsy. Ms Hawker was affected by an intellectual disability and cerebellar atrophy. She needed you for assistance in washing her back and buttocks. On each occasion, you were the only person present, and there was no one to protect these vulnerable victims from your behaviour. You took advantage of each of their vulnerability in a manner which drives at the very heart of the trust that we as a community place in workers to assist our most vulnerable. There is a serious diminution in the quality of life of these victims, not to be able to trust their carers, when their daily and intimate care depends upon professionalism and respect.

77 Furthermore, you told each victim not to tell anyone about your offending, a clumsy attempt to silence them from speaking up.

78 The breach of trust aggravates your offending in each case. However, as I noted in the course of oral argument during your plea in mitigation of penalty, I am mindful that in respect of your charges of sexual penetration of a person with a cognitive impairment or mental illness (charges 2 and 5) that it is an element of those offences that you were a worker for a service provider that provided treatment or support services to each victim, and I have taken care to avoid any double punishment for your offending whilst in breach of the trust deriving from that position.

79 Consistently with what your counsel has submitted, I find that your offending against Ms Dyring was spontaneous and opportunistic. However, you acknowledged in your discussion with Ms Lechner that you "woke up to yourself" whilst offending against Ms Dyring. But you didn't stop there. You immediately moved on to your second victim. You then took advantage of the opportunity that arose to offend against Ms Hawker. I find that this offending was also spontaneous, but it took place against your recognition that you had offended against Ms Dyring but did not hesitate then to offend against Ms Hawker.

80 I will advise the numbers and order declarations, then order cumulation:

• charge 2 (sexual penetration of a person with a cognitive imprisonment or mental illness), 3 years' imprisonment;

• charge 3 (sexual assault), 2 years' imprisonment.

• charge 4 (sexual assault), 2 years and 9 months' imprisonment;

• charge 5 (sexual penetration of a person with a cognitive impairment or mental illness), 3 years and 6 months' imprisonment.

81 I order that you be sentenced as a serious sexual offender in relation to charges 3, 4 and 5.

82 Given that charge 5 is the longest sentence, this will form the base. I make the following orders for cumulation:

• in relation to charge 1, I order that 3 months of that 18 month sentence be served cumulatively upon the base and on other sentences;

• in relation to charge 2, I order that 2 years be served cumulatively upon the base and other sentences;

• on charge 3, I order that 6 months be served cumulatively upon the base and other sentences;

• on charge 4, I order that 6 months be served cumulatively upon the base and other sentences.

83 It is my intention that that lead to a total effective sentence of 6 years and 9 months' imprisonment, and I order that you serve a period of 4 years before parole eligibility.

S 6AAA declaration

85 Pursuant to s 6AAA of the Sentencing Act, I declare that had you pleaded not guilty to these charges and been found guilty of them, the total effective sentence that I would have imposed would have been 8 years' imprisonment with a non-parole period of 5 years.