DPP v Williams & Anor [2023] VCC 1697

1. The victims of your offending were Ms Grace Jenning[1] and Ms Megan Doyle.[2]
2. I should also note for anyone present on the link that any names of the victims ought not be used if there is any report. And also, for the sake of victims present, that their names will be anonymised in these reasons in due course.
3. Ms Jenning was aged 14 to 16 years during the relevant time period, though the Prosecution accepts that you both believed her to be over 16.
4. Ms Doyle was 16 years old.
5. Ms Wen Jian[3], who was in a relationship with you, Mr Williams, was 28 at the time of your offence against her.
6. Specifically, Mr Williams, you have pleaded guilty to:

(a) Charge 1 of produce child pornography;

(b) Charge 3 of produce child abuse material;

(c) Four charges of distributing child abuse material;

(d) Charge 5 of possession of child abuse material;

(e) A summary charge of distributing an intimate image; and

(f) Three summary offences regarding your prohibited possession of an imitation firearm and failure to appropriately store cartridge ammunition.

1. You were aged between 25 and 33 and the time of your offending, which spanned from 2014 to 18 October 2021. You are now 35.
2. Ethan Flintoft, you have pleaded guilty to:

(a) Charge 1 of distributing child abuse material;

(b) Charge 2 of producing child abuse material, and

(c) Two summary charges relating to your failure to appropriately store cartridge ammunition and possession of a prohibited weapon, being an ASP baton.

1. Mr Flintoft, you were 27 to 29 years old during the period of your offending, which was from 5 February 2020 to 18 October 2021, and are now 31.
2. I note for clarity that the age of consent for sexual activity in Victoria is 16 years.[4] However, child pornography or child abuse material relates to sexual images or videos of 'a child', which is defined as a person under the age of 18 years.
3. I will now summarise the offending.

Charge 1 - Produce Child Pornography (Williams) re Ms Jenning

1. Mr Williams, you met Ms Grace Jenning online and soon commenced a relationship with her. You were about 10 years her senior. The relationship spanned from 2014 to 2015. Ms Jenning told you, and you believed, that she was at least 16 years old during the offending period, though you knew she was under 18. She was in fact 14 years old when you first met.
2. Your relationship involved frequent video chats. During the video chats, Ms Jenning was depicted in a sexual context while you watched. On one occasion, between 1 January 2014 and 31 December 2015, and around the time of Ms Jenning's 15th birthday, you took three screenshots of her which constitutes Charge 1 - produce child pornography. The three screenshots depict her in a sexual context and in various stages of undress. Your face can be seen in the lower part of the screen showing you to be on the Skype call.

Charge 7 - Distribute Child Abuse Material (Williams) re Ms Jenning

1. You and Ms Jenning had kept some contact in the years which followed your relationship. Some six years after it finished, in April 2021, Ms Jenning became engaged to her fiancé. She was approximately 22 years old. It was at this time that you, Mr Williams, sent her three text messages, each containing a screenshot of intimate sexual images you had taken of her around the time of her 15th birthday. This conduct forms the basis of your Charge 7 - distribute child abuse material.

Charge 2 - Distribute Child Abuse Material (Williams) re Ms Jenning

1. A few weeks later, on 18 May 2021, you, Mr Williams, sent via text message to Mr Flintoft a screenshot of a video recording made by you, Mr Williams, of a sexual encounter between yourself and Ms Jenning that took place at your mother's house. That incident dated to around the time of her 16th birthday. Ms Jenning is depicted naked on a bed. This conduct forms the basis of Charge 2 - distribute child abuse material.

Charge 1 - Distribute Child Abuse Material (Flintoft) re Ms Jenning

1. In late 2021 or early 2022, Ms Jenning found on her phone a screenshot that she had received from you, Mr Flintoft. You sent her that image via Snapchat on 5 February 2020.
2. The screenshot is of a 'Fetlife' page, which is a public social networking and dating application. Visible on the page are 18 images. Six of those images are of unknown persons. Twelve of those images are of Ms Jenning, and they depict her in graphic sexual poses. In nine of the images she is a child, and of those, four can be identified as having been taken by you, Mr Williams, all on the same day.
3. Mr Flintoft, your sending of those images to her forms the basis of Charge 1 - distribute child abuse material.

Charge 3 - Produce Child Abuse Material (Williams), Charge 4 - Distribute Child Abuse Material (Williams), Charge 2 - Produce Child Abuse Material (Flintoft); re Ms Doyle

1. In early 2021 you, Mr Williams, met Ms Megan Doyle via an online dating app. You were 32 years old. She was 16 years of age.
2. Ms Doyle was a young person who had been in the care of the Department of Families Fairness and Housing Child Protection since 2019 and at the time you met her, she was residing in a placement with Berry Street Victoria.
3. You began an intimate sexual relationship which lasted from February 2021 until 25 May of that year. Throughout the relationship you, Mr Williams, were aware she was 16 years old.
4. You, Mr Flintoft, were introduced to Ms Doyle by Mr Williams during that time, and also engaged in a sexual relationship with her.
5. Mr Williams, your Charge 3 - produce child abuse material, is a rolled-up charge relating to the making of seven videos of sexual activity with Ms Doyle at your home. Five of the videos filmed by you, Mr Williams, are recordings of sexual encounters between yourself and Ms Doyle. Another of the videos, also filmed by you, Mr Williams, depicts Ms Doyle in a sexual encounter with you, Mr Flintoft. The seventh video is taken by you, Mr Flintoft, of Mr Williams having sex with Ms Doyle. Both of you at times refer to her as a 'good girl', you both at times slap her to the breasts or genitals, speak to her in a derogatory way, such as telling her to 'shut the fuck up', and you, Mr Williams, refer to your self as 'daddy' and a 'paedophile'. In one video with you she is handcuffed.
6. Your participation, Mr Flintoft, in the production of those two videos, forms the basis of your Charge 2 - produce child abuse material.
7. Those videos were all made between 3 February 2021 and 25 May 2021 - two on 3 February 2021, three between 11 February and 27 March 2021, and two between 27 March and 25 May 2021.
8. The distribution Charge 4 is a rolled-up charge reflecting the fact you, Mr Williams, then sent the seven videos to Ms Doyle.

Charge 5 - Possess Child Abuse Material (Williams)

1. In one of the videos recorded by you, Mr Williams, of a sexual encounter between yourself and Ms Doyle in your study, the camera pans around and reveals a computer monitor playing a video. That video is child abuse material involving a pre-pubertal female child and an adult male attempting to penetrate her with his penis. Your possession of that material forms the basis of Charge 5 - possess child abuse material.

Charge 6 - Distribute Child Abuse Material (Williams) re Ms Doyle

1. Around the time you took those videos in 2021, you, Mr Williams, sent Ms Jenning three videos via Snapchat of you engaging in sexual activity with Ms Doyle. You told Ms Jenning that Ms Doyle was 'really young' and 'definitely under 18'. Ms Jenning deleted the videos after viewing them. This conduct forms the basis of your Charge 6 - distribute child abuse material.

Summary Charge 38 - Distribute Intimate Image (Williams); re Ms Jian

1. Intersecting those two relationships, in 2019 to 2020, you, Mr Williams, were in a relationship with Ms Wen Jian. Ms Jian was a Hong Kong born international university student at the time. She was 28 years old. You and she met online and had a relationship between November 2019 and November 2020. Throughout your relationship you took images of her in a sexual context.
2. In early 2021, you posted two sexual images of Ms Jian to 'Fetlife' without her permission. This conduct forms the basis of Summary Charge 38 - distribute intimate image.

1. In September 2021, Ms Doyle decided to report your conduct to the police. She said 'I brought this to the attention of Taskforce Salus because I am ready to talk about it. It's not a revenge thing. I'm trying to do the right thing. Someone like this does not have a right to have a job that he does.'
2. She provided to police the seven videos that you, Mr Williams, and you, Mr Flintoft, recorded of you both engaged in sexual activity with her. Although she did not know Ms Jenning she made reference to your previous relationship, and as a result, police spoke to Ms Jenning in October 2021. Soon after, she also made her statement and provided police with the relevant images from her phone.

1. You were both arrested and charged on 18 October 2021 and made 'no comment' interviews. Mr Flintoft, you agreed to participate in a forensic assessment.
2. Both of your premises were searched on that day, uncovering the following items which form the basis of the related summary offences.
3. In relation to you, Mr Williams:
   • A black semi-automatic imitation pistol constitutes Summary Charge 27 - possess imitation firearm;
   • A box of 19 bullets of Winchester 9mm ammunition constitutes Summary Charge 29; and
   • A .308 calibre ammunition round bullet constitutes Summary Charge 30.
4. In relation to you, Mr Flintoft:
   • An extendable ASP baton located beside your bedside table constitutes Summary Charge 7; and
   • Nine boxes of long arm and short arm ammunition which had not been securely stored constitutes Summary Charge 5.

1. Turning first to the sentencing considerations relevant to the child pornography and child abuse material charges regarding Ms Jenning and Ms Doyle.
2. Production and distribution of child pornography is inherently serious. It involves exploitation and exposure of a victim who purely by virtue of their age is vulnerable. The law exists for the protection of children and to prevent and deter adults from using them for their own sexual gratification.
3. Although here you believed the two victims were of legal age of consent for the actual sexual activity, it is the recording of that activity by photograph or video which creates the criminal offences. That is so for a reason. It is because they are under 18 years of age and therefore still children. It is because children and young people need protection, sometimes from their own naïve decisions. That is, even when a child is old enough to lawfully consent to sexual activity, including photographing or filming it, that fact must not be exploited by any adult.
4. In particular, it is the fact that photographs and videos are now readily recorded electronically, readily stored, readily transmitted, and which then exist 'for all time' online which makes this type of offending so damaging. Any victim will no doubt be concerned and anxious about the fact those images may be uncovered, or shared again and again, at any future time. Further, once those images or videos are shared with others, a victim loses all control over where they may end up or when they may reappear in their adult lives. Those comments are equally applicable to adult victims such as Ms Jian.
5. For those reasons, general deterrence and denunciation are paramount principles in the sentencing process. That is, the sentence I impose must express the community's disdain for this type of offending and must seek to deter any other adult from taking advantage of a child or young person in this way. Anyone involved in the production and dissemination of child pornography or child abuse material should expect to be severely punished.
6. The sentence I impose must also have its gaze trained on community protection. It must seek to protect other young people from being exposed in this way.

1. The Prosecution submits that both of your offending is objectively serious.

1. That fact is conceded by counsel for you, Mr Williams.
2. In my view, Mr Williams, your offending is serious given the following features.

(a) First, there was a considerable age gap between you and Ms Jenning, being of some 10 years, and between you and Ms Doyle, being of some 16 and a half years. That fact alone implies a power imbalance.

(b) Your awareness of that age gap to Ms Doyle, in particular, and the fact that you were an adult with a child, despite her age of consent, is apparent through your comment that Ms Doyle was 'really young, definitely under 18'. It is apparent through your comments made during the videos you recorded of her and which are the basis of Charge 3. Those comments such as calling yourself 'daddy' and calling her a 'little girl' and 'good girl', and in various ways referring to yourself as a 'paedophile', are revealing in that regard.

(c) In the background to one of those videos, and where you are referring to yourself as a paedophile and as 'daddy', child abuse material depicting a pre-pubescent girl and an adult male with his penis attempting to penetrate the child's vagina is playing. That video is the basis of Charge 5, possess child abuse material. That child is another victim of your offending. There is a presumption of harm to that young child. While your offence of possession of child abuse material relates to a single video, and I accept for that reason, I must view that charge as a low-level example of that offence, it is the combination of those charges - namely your filming yourself having sex with 16 year old Ms Doyle, while playing child abuse material in the background - which is disturbing. Looked at in that way, it is serious. You were 32 years old.

(d) In relation to Ms Jenning, she was in fact under the legal age of consent when her images were recorded. I do not sentence you for that fact. I accept, as the Prosecution has, that you had a genuine belief she was over 16. You sent her those images from when she was 16, some five years later when she was a 22-year-old and had recently becoming engaged. Receiving those images, apparently out of the blue as an adult and at a time in her life when she was in another relationship, must have been extremely upsetting for her. You have offered no explanation as to why you sent her those images at that time.

(e) Throughout your offending you were a serving member of Victoria Police. It is a significant aggravating factor, relevant in a number of ways.

(i) First, it is a role with inherent power and responsibility. Although you did not use that role to commit these offences, no doubt the implicit power which comes with it was appreciated by your victims here.

(ii) Second, it is a factor which goes to your moral culpability. To the outside world you were tasked with upholding the law, while behind the scenes you were recording and transmitting images of two teenage girls who were legally children.

(iii) Third, as a police officer you are expected to understand the law and to live by it, not just professionally but personally. The community expects persons in such roles to be of the highest integrity. The community is also entitled to expect that a police officer would have some understanding and concern for victims of such crime.

(f) You were well aware that Ms Doyle was particularly vulnerable. She was a young person who had been in child protection. Your comments to Ms Jenning that Ms Doyle was 'damaged goods' amply demonstrate the fact you knew you were dealing with a fragile individual. Regardless of whether those things are true, your belief that that was her situation makes the offending against her additionally reprehensible. That is so given the expectation that in your role with Victoria Police one would expect a greater understanding of the impact of any life experiences and the potentially compounding effect of your offending against her.

(g) Your offending spans approximately eight years and is repetitive. It relates to three separate women.

(h) You introduced both victims to Mr Flintoft. Together, you shared Ms Doyle for your mutual sexual gratification. In relation to Ms Jenning, you shared a video of yourself having sex with her to Mr Flintoft.

(i) In the case of Ms Doyle, you distributed images of her to Ms Jenning, who was a complete stranger to her. That is Charge 4.

(j) In the case of Ms Jian, you distributed her intimate images to a public social network dating site, Fetlife.

1. Those factors each aggravate your offending.
2. Your moral culpability is very high.
3. Turning to factors which mitigate your offending. Production of, and distribution of child abuse material charges, cover a wide range of factual scenarios, including large-scale production using many children and distribution to the Internet at large or to groups of people with an interest in child sexual offending. That is not the case here. In that way your case is distinct from many others.
4. I take into account a number of other features which reduce or mitigate the seriousness of your offending.

(a) First, while recognising the more limited capacity of a 16-year-old to necessarily make good decisions for themselves, the photographs or videos were taken with concurrence of the victims.

(b) Second, in relation to Charge 4 and Charge 7, the distribution of the images and videos respectively, was to the actual victim and not to the internet at large or to others.

(c) Third, the number of images or videos produced was low.

(d) Fourth, in the case of Ms Jian, she was an adult participant in the sexual activity.

1. In addition to those matters, I am very conscious that this is a court of law and not a court of morals. There is a temptation for, and perhaps a natural moral disapproval or disdain which may attach to a considerably older person sexualising and having sex with a 16-year-old teenager. However, the sentence I impose must reflect the specific offences you have committed and no more.
2. In relation to the summary charges pertaining to your possession of an imitation firearm and your failure to store ammunition correctly, there is little explanation for those offences. Clearly, they are aggravated by your position as a police officer.

1. In relation to you, Mr Flintoft, I refer to and repeat my comments regarding the production and distribution of child abuse material and the harm it causes to children involved.
2. Your offending is aggravated by the fact that you were employed as a prison officer at all times. The comments regarding Mr Williams' role as a police officer are equally apposite.
3. The images you sent to Ms Jenning, by then a 20-year-old, of her as a 16 year old, are graphic. They depict her breasts, genitals, Williams penetrating her vagina or anus, semen on her body, her masturbating or spreading open her vagina. As with your co-offender, you have offered no explanation regarding why you sent them to her at that time. That must have been upsetting for her and serve as a reminder that those images exist indefinitely. Receiving those images, apparently out of the blue as an adult, must have been extremely upsetting.
4. However, I note also the following features and accept that your offending is more limited.
5. I accept that the volume of the material is relatively small, being a screenshot of 18 images of Ms Jenning sent on one occasion, and the two videos you were involved in making regarding Ms Doyle.
6. I accept that you distributed the images of Ms Jenning to her and no-one else.
7. I accept that your age gap to both young women is less than your co-offender.
8. I accept that your offending is limited to two single date charges.
9. Your Counsel, whilst conceding that offending involving child abuse material is inherently grave, submits that the examples of this offending in your case are low-to-mid range in seriousness. I agree.
10. In relation to your summary charges of possessing a prohibitive weapon and failing to appropriately store ammunition, again your role in the prison system aggravates that offending.

1. Ms Jian elected not to make a victim impact statement. I take into account the likely distress in becoming aware that intimate images were posted without her consent to a public online forum. I take into account the anxiety that must cause in knowing they are available for all time. I take into account the content of her original statement, where she said:

'When the police showed me the photos, I thought that this is insane. I did not give my permission for those photos to be published. It makes me feel very, very shocked and unbelievable that he would do that to me. It makes me angry that he did this, I didn't want them to be on the internet because it was a private thing.'

1. A victim impact statement from Ms Jenning was read aloud by the prosecutor during the plea. Although she chose not to be present, her mother has been present throughout these proceedings and Ms Jenning is now present today. Ms Jenning states that her trust in authorities, especially police officers, has been broken.

'I constantly hold concern and doubt regarding serving members of the police force are here to serve and protecting those of the community.'

She has fear regarding how she will communicate to any children she may have, the idea that they should have trust and faith in police.

'I see persons with authority, and instead of feeling a sense of security and protection, I suddenly feel a sense of panic, fear and possibly manipulation only.'

1. She doubts her own judgement and this regularly leads to her incapacity to maintain healthy connections both personally and professionally.
2. She says her relationships with various family members are broken, including with her father, sister, aunt and cousins_._

'I no longer have contact with these family members, this being due to judgment of me and my character.'

1. She says her own relationship with herself is 'significantly fractured' as she feels disgust and shame for not recognising who she was involved with. Her schooling was impacted due to anxiety and panic attacks, regularly keeping her from classes.

'The circumstances surrounding my struggles were kept internal due to the nature of them and secrets of the relationship with the offender that I was not to share.'

1. She states that she has a medical diagnosis of PTSD and is medicated, which in turn affects her clarity of thought and capacity to work. She continues to suffer depressive episodes, and at one point required hospitalisation for her own safety.
2. Ms Jenning says she suffered loss of time from work, isolation and that the emotional impact of your offending constantly impacts her ability to have a normal, healthy social life and safe friendships.
3. Ms Doyle elected to read her victim impact statement in court. Ms Doyle stated that her quality of life has been affected. She says her hopes and dreams for her future have been shattered and that she experiences flashbacks and night terrors. She does not enjoy things she used to and says that she has no passion or drive. She says her innocence was taken away from her by your offending. She questions her own self-worth, her ability to be valued and loved and those issues have a real impact on her relationship with others.
4. She says she started using illicit substances quite regularly after this period of your offending and that her mental health severely declined.
5. Understandably, she feels anger and confusion. Anger about the fact she trusted you to keep her safe and was betrayed, anger because she knows she was used, and anger 'because I was an innocent child who just wanted love and care she never had.'
6. Ms Doyle also described that her feelings of safety have been affected, to the point she risked homelessness by turning down a housing option because it was in your suburb. She says:

'The relationship this has affected the most would be towards the police. Bradley being a now ex-officer made it worse because now I can't even trust the people who are meant to keep me safe in the world '

1. I have also received a psychological report from Ms Leslie McMahon[5], who is Ms Doyle's treating psychologist. She confirms working with her over three and a half years and confirms she has symptoms consistent with PTSD, major depressive disorder and generalised anxiety disorder. Ms McMahon confirms persistent issues on Ms Doyle's capacity for trust, leading to a decrease in emotional satisfaction in relationships, fear about being betrayed and difficulty in forming and maintaining intimate relationships. She confirms Ms Doyle's self-esteem has been negatively impacted. Reports the way they were treated has negatively impacted the view she has of herself. She often engages in negative self-talk and or minimises her self-worth and value. Her counselling is ongoing.
2. Both young ladies have taken time to put their experience into words which are eloquent and thoughtful. I take into account the contents of those statements.

1. In your case, Mr Williams, it was not disputed that a term of imprisonment with a head sentence and non-parole period is the only appropriate disposition.
2. In your case, Mr Flintoft, your counsel argued that all sentencing considerations may be met by the imposition of a community correction order. Mr Brancato submits that such an order would justly punish while reflecting the positive steps towards rehabilitation that you have made in the community. The Prosecution submit that any CCO must be in combination with a term of imprisonment.

1. I turn now to each of your personal circumstances, starting with you, Mr Williams.

1. I have had the benefit of your counsel's submissions and a psychological report prepared by Dr Carla Lechner, clinical psychologist, dated 15 February 2023.
2. You are the eldest of three children, with two younger sisters. Your parents separated when you were eight. You say your father never knew his family and was violent, not the father type and that you all walked on eggshells around him. You only saw him three or four times after your parents separated and not since you were 14 years old. You went on to live with your mother and your paternal grandparents.
3. You continue to have a close relationship with your mother and one sister, though no longer have contact with your other sister.
4. You completed Year 12 with no social or behavioural problems. You had a keen interest in music, which you wanted to study at university, but you were not successful in gaining entry. You worked as an apprentice spray painter and panel beater, completing a pre-apprenticeship course, but did not complete your apprenticeship. You report that you disliked the environment and were bullied.
5. After a short stint in a factory and as a forklift driver, you joined Victoria Police in 2010 at around the age of 22, where you remained until you were charged with this offending in 2021.
6. During your time at Victoria Police you worked in the Transit Division at Sunshine Police Station in the Operational Response Unit and with the Public Order Team. Your experiences were varied, however, you were proud of your work. You became a peer support officer. You say you had the respect of your colleagues. Your counsel tendered a 'thank you' card from a person you helped and you told Ms Lechner of several difficult and traumatic experiences you dealt with in your time in the police force. I have no doubt that is true. It is clear the loss of your professional career has been significant for you.
7. Dr Lechner notes that whilst you exhibit some residual post-trauma symptoms in relation to your employment as a police officer, you do not fulfil the criteria for a diagnosis of PTSD.
8. Dr Lechner opines that while you did not present with any mental health issues at the time of your offending, you now meet the criteria for a clinical diagnosis of an adjustment disorder with mixed depression and anxiety, with your symptoms attributable to your current legal predicament. You were prescribed Lexapro but stopped it because you report it made you feel 'restless and flat_'_.
9. Your current mood is depressed. You report sleep disturbances, fatigue, agitation and a loss of concentration, and pervasive feelings of sadness, failure and worthlessness. You tell Dr Lechner you do not see a future for yourself.
10. Your score on the Kessler Psychological Distress Scale was indicative of a likelihood of severe psychological distress.
11. Prior to the plea, you were engaging with a psychologist once every six weeks, though there is little doubt you require more frequent contact. None of your treatment to date has related to the substance of this offending.
12. You have ongoing support of your mother and sister and a small group of friends who have stood by you. I have received character references from two of your friends who describe you as compassionate and respectable, generous with your time and money to friends in need. Those references are written with knowledge of these proceedings.
13. Your mother also provided a reference, which makes it clear that you still enjoy her support. She describes you as caring and supportive of her throughout your life, in particular in her role as a single parent. She says you have been brought up surrounded by women and as such, in her experience, to have respect for women despite this offending. Your grandmother, to whom you are extremely close, has recently been diagnosed with dementia and gone into care.
14. Since you resigned in 2021 from the Police Force as a result of these charges, you have not been employed. However, it is clear you have a capacity for employment.
15. In relation to your offending behaviour, Dr Lechner opines that your sexual relationships with Ms Jenning and Ms Doyle is indicative of a sexual attraction to pre-pubescent teenagers; that is, hebephilic attraction.
16. As to dialogue between yourself and Ms Doyle referencing paedophilic themes, you deny any actual sexual interest in children, stating that the dialogue was part of role-play. Dr Lechner agrees that you do not fulfil the criteria of a paedophilic disorder.
17. You describe yourself as 'pan-sexual' to Dr Lechner and report to her that you are unsure of your sexual orientation and identity.
18. While she does not believe you fit the criteria for any psychosexual diagnosis, your interest in BDSM-type of activities and recording sexual encounters is indicative of sadistic tendencies and a willingness to engage in pseudo-sadistic behaviours.

1. Dr Lechner opines that your prospects of rehabilitation are good and that your risk of reoffending is low. You match few of the markers for increased risk, with your only real risk factor being your mental health issues and the impact that these charges have had on you personally and professionally. She says:

'The opprobrium attended to his arrest, specifically the loss of career, friends, identity and public confidence, acts as a huge deterrent to any such behaviour in the future.'

I accept the deterrent effect is real and in that way you have already been specifically deterred.

1. I accept Ms Lechner's opinion, which was not challenged by way of cross examination, that you do not meet any criteria for paedophilic disorder. Your comments about being a paedophile are concerning, even accepting you are not a paedophile in the diagnosable sense, you engaged here with two teenage girls, both much younger than you - that is a concern. Your offending covers a number of years - that is concerning. In my view, you have some work to do to understand why that is so and to fully understand your own risks.
2. Having made those comments, I accept overall that your risk of reoffending is low and your prospects of rehabilitation are fair.

1. Now turning to you, Mr Flintoft. I have received an outline of your background from your counsel. I have also received a letter from Vanessa Blazey dated 5 May 2023. She is a registered counsellor with Sovereignty Christian Psychology. You have engaged with Ms Blazey for counselling since September 2021 on a number of occasions.
2. I have also received a report dated 16 August 2023 from your treating psychologist, Dr Mark Jacka. You have had 17 sessions with him since July 2022.
3. There are limitations to both of those reports, however, to the extent they assist me understand your background and the efforts you have made towards rehabilitation, I take them into account.
4. You are one of two children, with one brother. You describe your family childhood as 'great_'_. Your father is a truck driver, while your mother is on a disability pension. You are grateful for the ongoing love and support. In turn you have been a support, especially to your mother and more recently to your elderly grandfather who is living with your family.
5. Your schooling was generally positive. though you suffered some bullying on account of your weight and you had some learning difficulties. Nonetheless, you completed Year 12. After finishing school you completed several certifications in security operations, security and risk management, and Correctional practice.
6. You have been consistently employed. Your employment has primarily been in the security industry and you have worked for Rock Security, Crown Casino, and then in Port Phillip Prison as a prison officer for six years.
7. In relation to your mental health, you do not have a history of mental health issues, however, Dr Jacka opines that you currently present with an adjustment disorder with mixed depression and anxiety, which is linked with your current legal situation. Your self-reported symptoms of depression are in the extremely severe range, while your stress symptoms are severe and your anxiety moderate.
8. You continue to have an excellent relationship with your parents. You currently live with them. You are a support to your mother on a practical level. You have been a financial support to your parents when your father was made redundant.
9. You older brother, meanwhile, has not spoken to you since your arrest, though you are committed to rebuilding that relationship.
10. You have lost your relationship with your long-term partner and have lost many friends as a result of your offending.
11. You have lost your employment at Port Phillip Prison. To your credit, after a short period of unemployment, you gained a certification in traffic control and your forklift licence. You now work five to six days a week as a forklift driver in order to financially assist your family.
12. I have received a number of references. Importantly, they are written to the court and in the knowledge of the offending. A former colleague at Port Phillip prison says that over the course of four years working together you exhibited exceptional professionalism and commitment. Your actions during a critical incident earned you a general manager's award 'showcasing his courage and willingness to safeguard both his fellow colleagues and himself_'._ You and he share interests and time outside of work. He describes you as generous and compassionate. He refers to your deep remorse and contrition for involvement in this offending.
13. Another previous colleague, an investigation administrator with Crown Casino, Mr Zemp, says you previously held the position of a senior security officer. He has known you since 2011 and you and he worked together. He says you were a responsible and calming influence in tense situations with an ability to de-escalate potentially dangerous situations. He says you have been a wonderful friend. Mr Zemp became a paraplegic after suffering a spinal cord injury in 2017 and he says you were a support and regular visitor to him during his recovery.
14. A new work colleague who has known you for over 12 months describes you as being of upright character in your workplace and says you have been there for him during some personal difficulties, showing compassion and support. He says they operate a family business, that you have become an integral part of it.
15. Mr Flintoft, you have already taken some positive, proactive steps towards your rehabilitation and are to be commended for that fact. Rehabilitation is often best achieved when people take steps of their own volition.
16. Your counsel submits that your risk of re-offending is low and that your prospects of rehabilitation are heightened by the fact you have sought treatment in the community. Since being charged you have also made efforts to maintain your otherwise pro-social lifestyle, including sourcing alternative employment and remaining close to your family. You are now in a new relationship and your new partner is aware of these proceedings.
17. The Prosecution submission on sentence in relation to you was that a combination sentence was warranted. The written submissions dated 5 April 2023, and therefore made well in advance of the plea hearing, indicated that further time may be sought for instructions upon receipt of plea material. Despite the plea material, including the report from a treating psychologist, along with the reference material, the Prosecution maintained the submission.

1. In relation to both of you, you have pleaded guilty to this offending and you receive the benefit of that plea. A plea of guilty has a utilitarian benefit in that it saves the court and the community the cost and time of a criminal jury trial. I take into account your pleas were indicated during the COVID-19 pandemic.[6]
2. In matters such as this it saves any victim from having to give evidence and be cross-examined about matters of intimacy which may cause embarrassment and distress.
3. In matters where a plea reflects genuine remorse, that is an additional consideration given it is usually reflective of some insight into the offending and a positive marker towards rehabilitation and away from the need for specific deterrence.
4. I accept in your case, Mr Williams, that your plea does reflect genuine remorse. Ms Lechner states that you continue to express deep regret for your actions. She says you fully acknowledge and accept your role in this offending.
5. You specifically expressed remorse for your offending against Ms Jian, stating: 'I wish I could take everything back... I shouldn't have done that with [Wen]... she didn't deserve that, I'm ashamed'.
6. It is not disputed that you, Mr Williams, entered an early plea of guilty at a committal mention in the Magistrates Court on 8 July 2022.
7. You, Mr Flintoft, pleaded guilty at a later stage, though I accept it was still an early plea.
8. Similarly, your counsel submits that your plea of guilty is reflective of remorse for your conduct. That remorse is recounted in the letters from your referees. You have also written a letter of apology in which you state the following in relation to your victims:

'I'm sure this has been a horrible and embarrassing experience for you both and I can't say I understand the pain you have gone through due to my actions, but I want to let you know that over this time period there hasn't been a single day that has gone by where I haven't thought and regretted my actions.

I will live with the guilt and pain that I have caused you. For this I am so sorry for this, [Grace] and [Megan].

I would like you to know that I take full responsibility for my actions and want to offer you deepest apologies.'

1. I accept that your remorse is genuine.
2. Neither of you have a prior criminal history, nor any subsequent matters pending. I take that into account when assessing your prospects of rehabilitation.

1. You have both suffered extra curial punishment as a result of your offending. You have both lost your careers as a police officer and prison officer respectively.
2. That would not be a factor of any significance if you had used your occupation to access either of the child victims here or to otherwise commit the offences. However, the Prosecution do not contend that that the case. Therefore, I accept that I should take those matters into account as a matter in mitigation of sentence.[7] That is, not all people who commit criminal offences suffer the loss of their chosen career. That has been a direct impact of your offending on both of you.
3. I also accept that there is often an understandable public interest in offending committed by persons in position of authority, such as police or prison officers. As a result there may be publicity. I accept that any publicity as a result of your past employment is likely to have an additional negative impact on you.

1. I do accept that in addition to those matters, any time either of you spend in the custodial setting will be extremely difficult due to your former occupations.
2. In relation to you, Mr Williams, I accept that as a former police officer charged with the task of apprehending, investigating and charging offenders and perhaps acting as an informant, will make you a likely target in custody. I accept the likelihood that you will spend your time in protective custody as a result, meaning your access to time out of your cell and to employment and programs in prison will be more limited than for other prisoners.
3. In your case, Mr Williams, Ms Lechner's opinion is that your mental health will likely decline in custody given those difficulties, in company with your diagnoses. I accept that some sensible moderation therefore applies.[8]
4. In relation to you, Mr Flintoft, I accept your previous position of power over prisoners would likely result in negative attention. You, too, would be likely housed in protective custody. The prospect of imprisonment has been a significant source of anxiety, no doubt due to your awareness of that fact.

1. When sentencing multiple offenders the issue of parity is usually live. However, there was no real dispute here from either prosecution or counsel for you, Mr Williams, that the offending here is quite distinct. You, Mr Williams, face a larger number of charges; they reflect greater involvement with both Ms Jenning and Ms Doyle, along with your offending against Ms Jian and your possession of other child abuse material. Your offending covers a long period of time. It was not disputed that your offending is of a higher gravity for those reasons, and as such, the sentence, even on the overlapping charges, will be quite different to your co-offender.

1. I take into account delay. Delay is relevant in two ways: first an offender experiences the anxiety of having unresolved serious offences hanging over them for a period of time; second, it is relevant where an offender can demonstrate efforts towards rehabilitation in the intervening period. Both of those considerations apply here.
2. It is now over two and a half years since the time of your offending. You have both been in a state of uncertainty since then.
3. Delays have been caused by legal complexities in resolving the appropriate charges. This matter went through five committal mentions before coming to this court in August 2022. Your plea in November 2022 was vacated and then twice adjourned before finally being heard by me on 21 August 2023. None of those delays have been attributable to you.
4. Neither of you have reoffended in that time.
5. In relation to you, Mr Flintoft, I accept that you have taken a number of steps towards your rehabilitation in that period.
6. I requested a CCO assessment report to determine your suitability for such an order. The assessor found you suitable. I am conscious that there were some expressions of denial and blame which are unfortunate. What they reveal is that you have more work to do, and you must undertake specific work by way of a sexual offender program. I note the recommendations of that report. I note that during the assessment you repeated your expressions of remorse, including acknowledging the negative impact of your offending behaviours on your victims.

1. In relation to each of the charges of produce child pornography, produce child abuse material, distribute child abuse material, and possess child abuse material, the maximum penalty is 10 years' imprisonment.
2. In relation to the summary offences of possess imitation firearm, fail to appropriately store Category C or D longarm or handgun cartridge ammunition, and distribution of intimate image, a maximum penalty of two years' imprisonment attaches to each charge. In relation to the summary offence of failing to appropriately store Category A or B longarm cartridge ammunition, the maximum penalty is 12 months' imprisonment.

Sentencing Act Part 2A (Williams)

1. The offences of produce child pornography, distribute child abuse material, and possess child abuse material are defined at law as serious sexual offences. The impact of those provisions of the Sentencing Act 1991 is that you, Mr Williams, are liable, after a term of imprisonment is ordered on two charges, to be sentenced as a serious sexual offender for any subsequent charge. In addition, protection of the community becomes the paramount sentencing consideration. Further, to achieve that goal there is a presumption of cumulation.
2. The Prosecution is not seeking a disproportionate sentence. In determining the overall period of imprisonment, I am conscious that there are a number of charges, and I must have regard to the principle of totality. That is, I must mentally stand back and consider the appropriateness of the overall period of imprisonment I will impose.
3. In my view, Charge 3 is the most serious against you, Mr Williams. It reflects repeated offences of recording videos of Ms Doyle over a period of about four months, and at times in company with your co-offender. That will be the base charge.
4. I will order cumulation to reflect your offending against Ms Jenning, the most serious of which is your sending of a video of yourself engaged in a sexual act with her to Mr Flintoft, being Charge 2.
5. There will also be cumulation to reflect your offence against Ms Jian, even though that has a different level of seriousness given her status as an adult.
6. In relation to you, Mr Flintoft, I will impose an aggregate sentence, that is reflecting the fact that this is a series of offences of similar nature, and in your case, committed in a shorter time frame.
7. I have taken into account current sentencing practices in relation to the offending here. It is not straightforward. This offending does not have many of the common features of production of child abuse material, while acknowledging specific aggravating features
8. Ultimately, in relation to both of you, I am required to impose a just sentence in all the circumstances and that is what I have endeavoured to do.

1. Mr Williams, the sentences I impose are as follows:
2. On Charge 1 of producing child pornography, you are convicted and sentenced to 18 months' imprisonment;
3. On Charge 2 of distributing child abuse material, you are convicted and sentenced to two years' imprisonment;
4. On Charge 3 of producing child abuse material, you are convicted and sentenced to two years and two months' imprisonment;
5. On Charge 4, distribute child abuse material, you are convicted and sentenced to 12 months' imprisonment;
6. On Charge 5, possess child abuse material, you are convicted and sentenced to 20 months' imprisonment;
7. On Charge 6 of distribute child abuse material, you are convicted and sentenced to two years' imprisonment;
8. On Charge 7 of distribute child abuse material, you are convicted and sentenced to 12 months' imprisonment;
9. On Summary Charge 38, distribute intimate image, you are convicted and sentenced to six months' imprisonment;
10. On Summary Charge 27, you are convicted and sentenced to one month imprisonment, that is the possession of imitation firearm;
11. On Summary Charge 28, failing to appropriately store cartridge ammunition, you are convicted and sentenced to one month imprisonment;
12. And on Summary Charge 29, failing to appropriately store cartridge ammunition, you are convicted and sentenced to 14 days' imprisonment.
13. I direct that Charge 3 is the base sentence, that is, two years and two months.
14. I make the following orders for cumulation:
15. In relation to Charge 1, three months' imprisonment.
16. In relation to Charge 2, six months' imprisonment.
17. In relation to Charge 4, two months' imprisonment.
18. In relation to Charge 5, four months' imprisonment.
19. In relation to Charge 6, six months' Imprisonment.
20. In relation to Charge 7, two months' imprisonment.
21. And in relation to Summary Charge 38, one month imprisonment.
22. The total effective sentence, therefore, is one of four years and two months' imprisonment.
23. I direct that you are to serve a minimum period of two years' imprisonment before becoming eligible for parole.
24. I direct that your status as a serious sex offender be entered into the records of the court.
25. I declare that you have served 29 days' imprisonment and that that period should be reckoned as having been served under this sentence.
26. Further, I declare that but for your plea of guilty to these charges the sentence I would have imposed would have been one of six years' imprisonment with a non-parole period of four years' imprisonment.

1. Mr Williams, the Prosecution made application for your registration under the Sex Offender Registration Act. That is mandatory and you will be a sex offender registered for life.

1. In relation to you, Mr Flintoft, if you could stand please.
2. As I indicated, in relation to you I propose to impose an aggregate sentence on Charges 1, distribute child abuse material, and two, produce child abuse material.
3. That sentence will be as follows:
4. You are convicted and ordered to serve a community correction order of three years' duration.
5. The conditions of that order, in addition to the core conditions, are that you be under supervision; that you undertake 250 hours of unpaid community work; that you undertake mental health treatment, as directed; and that you undertake programs directed at your offending behaviour, which will be the sex offender program.
6. I cannot impose that order without your agreement that you will undertake that order. Do you agree to undertake the community correction order?
7. OFFENDER FLINTOFT: Yes, Your Honour.
8. HER HONOUR: Do you understand that any breach of that order, whether that is by further offending or by not complying with the conditions, will bring you back to me and the likelihood of re-sentencing on the offences before me today?
9. OFFENDER FLINTOFT: Yes, Your Honour.
10. HER HONOUR: In relation to the two summary charges, you are convicted and fined an aggregate fine of $500.
11. But for your plea of guilty the sentence I would have imposed would have been one of three years' imprisonment with a non-parole period of two years' imprisonment.
12. In relation to sex offender registration, the Prosecution made application for your registration under that regime, that is mandatory given the charges and it is for a period of 15 years.
13. Have a seat there, Mr Flintoft.
14. I will just have that order printed out with those conditions. The summary charges, I'm sorry, I read the wrong numbers in relation to Mr Williams. I said 29 and 30, they should have been 28 and 29. So I make that revision.
15. While that order is being prepared, Mr Hunter, the sex offender registration paperwork will be provided to Mr Williams. As you are aware, that will require him to sign that he has received that.
16. MR HUNTER: Yes.
17. HER HONOUR: So that will be done, as it was in Covid, by a member of the prison authorities.
18. MR HUNTER: Yes, thank you, Your Honour.
19. HER HONOUR: In relation to you, Mr Flintoft, that material will be provided to you now and you will be required to sign an acknowledgement that you have received that material. Are there any issues to raise, counsel?
20. MR HUNTER: No, Your Honour.
21. MR BRANCATO: No, Your Honour.
22. MR PETRIC: Just that there's a disposal order for Mr Flintoft.
23. HER HONOUR: So that's not part of what is on hold?
24. MR PETRIC: That's my understanding.
25. MR BRANCATO: That's correct, Your Honour, in relation to Mr Flintoft there's no opposition.
26. HER HONOUR: No opposition to the disposal order.
27. MR BRANCATO: Yes, Your Honour.
28. HER HONOUR: Alright, thanks very much.

1. The Prosecution have filed two draft disposal orders, one relating to each one of you. There is no opposition on the part of Mr Flintoft so I propose to make that order in the terms sought. In relation to the draft disposal order sought against you, Mr Williams, the parties seek time for that to be resolved and I will grant that application.
2. MR HUNTER: As Your Honour pleases.
3. MR BRANCATO: As Your Honour pleases.
4. HER HONOUR: Mr Brancato, you're welcome to approach.
5. MR BRANCATO: Thank you, Your Honour.
6. HER HONOUR: Thanks very much, Mr Flintoft, your signature on that community correction order is your agreement that you will undertake that order and comply with the conditions. You understand that?
7. OFFENDER FLINTOFT: Yes, Your Honour.
8. HER HONOUR: Thanks very much. Thanks counsel, for your assistance.

[4] Unless there is less than a 2 year age gap between the parties.

[6] Worboyes v The Queen [2021] VSCA 169.

[7] DPP v Fucile (2013) 229 A Crim R 427

[8] R v Verdins & Ors [2007] VSCA 95; (2007) 16 VR 240.