The facts
5 There was an agreed statement of facts tendered that had been signed by both the applicant and the prosecutor. They can be summarised as follows. The complainants were two girls, one was aged nine years and the other eight years. They resided with their mother in Cowra. The mother was a member of an Internet site used to chat with and meet people. She came into contact with the applicant through this site. The relationship commenced with the exchange of messages and progressed quickly to regular telephone calls. Two weeks after they had first come into contact the applicant travelled from Taree to Cowra to stay at the home of the mother.
6 On 2 May 2008 the applicant met up with the mother and they returned to her home. The sleeping arrangements in the house were that the mother and younger daughter slept in a queen-size bed. There was a single bed in the same room in which the elder daughter and her eight-year-old brother slept.
7 After sharing an evening meal with the family, the applicant showered and got into the bed in which the mother and younger daughter slept. About five minutes later that child got into the bed. The applicant touched her initially on the outside of her pyjamas but shortly moved his hand inside and touched and caressed her bottom. He then moved his hand to the front of the child and placed it inside her underpants. He touched her on the vagina for between five and ten minutes. The applicant told the child that it was "their secret" and she should not tell any other person.
8 Later the mother got into bed with the applicant and the child. Sometime later the other two children retired into the single bed and went to sleep.
9 The following day, Saturday 3 May, the applicant woke to find the mother and the elder daughter in bed with him. He tried to speak to the mother but she was unresponsive and he assumed she was asleep. The applicant began to touch the elder daughter on the bottom on the outside of her nightie. He then moved his hand under her underpants and continued to caress her bottom. He then touched her on the vagina area first on top of the underpants and then beneath them. This conduct lasted about five minutes.
10 Later that day the mother and her children went to a family gathering and the applicant remained in the house. They returned about 7pm that evening. At some stage, while they were all sitting in the lounge room, the elder daughter complained that the applicant, "touched my bottom and flower", the latter being a term used by the child for her vagina. The applicant denied the allegation but the younger daughter immediately made the same complaint. The mother told the applicant to pack his bags and leave the house. As he was departing the house, two motor vehicles pulled up carrying a number of males who were related to the mother. These persons, after making a number of accusations against the applicant, assaulted him. Police were called and the applicant was taken to hospital where he remained overnight for observations. The next day he was arrested and admitted to the assaults upon the two complainants.
The subjective case
11 The applicant was born on 17 September 1977. He has no criminal record apart from an offence involving social security benefits for which he was dealt with in the Melbourne Magistrates Court in 2003. He was placed on a good behaviour bond and fined.
12 Because the applicant was living in Victoria at the time, a presentence report was prepared by a Community Corrections Officer in that State. The report indicated that the applicant was born in New South Wales and lived with his mother until he entered into a relationship with a girlfriend whom he later married. They eventually separated and the applicant has two children from that marriage. They live with their mother and he has minimal contact with them. He had a further relationship from which he had a child, a girl aged six at the time of the sentencing proceedings. That child lives with her mother.
13 The applicant entered into a third relationship and married again in 2007. He and his wife separated briefly and it was at this time that he made contact with the mother of the complainants. The applicant and his wife were reconciled by the time of the sentencing proceedings. He normally resides with his wife in a rented house in Victoria with her children aged 16 and 14.
14 The applicant had not been in employment for about three years prior to the offending and stated that he had been unable to gain employment after the offences because of the impact of the proceedings. The applicant has never used illicit drugs and only drinks alcohol on "special occasions".
15 The officer, who wrote the report, formed the view that the applicant's family and friends were in denial in respect of the offences. The applicant had expressed anger with the fact that the complainants had been in the bed. He had been unable to explain fully why the offences had occurred but said that it was because of his tiredness.
16 The report was not of any assistance to the applicant because of his conduct with the officer attempting to assess him. It contained the following: