R v Doo [2010] VSC 325

Supreme Court of Victoria|2010-06-18|Before: Coghlan J

1 Colin Doo, on 22 March 2010 you pleaded guilty before me to seven counts of procuring a minor for the purposes of child pornography, ten counts of producing child pornography, one count of sexual penetration of a child under 16 years, six counts of rape, 12 counts of an indecent act with a child under 16 years, one count of administering a drug for the purpose of sexual penetration, two counts of indecent assault and one count of possessing child pornography.

2 When the matter came on for plea, it had been discovered that the original Count 2 on the presentment pleaded an offence not known to law at the time it was alleged to have been committed. I gave leave for the deletion of that count and the consequential renumbering of the remaining counts. The words 'without consent' had been omitted on three counts of rape, namely counts 24, 25 and 26. The date specified in counts 1, 36, 37 and 38 were incorrect. I permitted the amendment sought on each of those counts, none of which were opposed. In relation to Counts 4, 9, 15, 20, 32 and 38, the Schedules referred to therein required minor amendments to avoid duplication. I allowed substitution of those Schedules. It was not suggested that re-arraignment was necessary on those counts. In relation to Count 39, there were very substantial amendments to the attached Schedule. I took the view that the substituted Schedule on that count necessitated re-arraignment. You were therefore re-arraigned on Counts 1, 25, 26, 27, 36, 37, 38, 39 and pleaded guilty.

3 You also pleaded guilty to two summary matters which had been uplifted from the Magistrates' Court by consent. They were charges of possess cartridge ammunition without licence under s 124(1)(a) of the Firearms Act 1996 and possess a prohibited weapon under s 5(1)(e) of the Control of Weapons Act 1990.

4 It followed that you fell to be sentenced for the matters outlined above, however there were nine rather than ten counts of producing child pornography and the summary offences fell also to be dealt with.

5 The relevant maximum terms for those offences are as follows: rape, 25 years; sexual penetration of a child under the age of 16 years, ten years; indecent act with a child under the age of 16 years, ten years; indecent assault, ten years; administering a drug for the purpose of sexual penetration, ten years; procure a minor for the purposes of pornography, for conduct prior to 2 November 2000, namely Counts 1, 3 and 8, the maximum penalty is two years and after that date, namely Counts 14, 19, 31 and 36, the maximum is ten years; the production of child pornography, ten years, the possession of child pornography, five years. In relation to the two summary offences for the possession of ammunition, it is a fine of $4,672.80 (40 penalty units), possess a prohibited weapon is two years imprisonment or a fine of $28,036.80 (240 penalty units).

6 I must deal with the factual background of your offending. I will do so by calling very heavily upon the Crown opening in the case. Having reviewed the material provided to me, I regard it as being an accurate and proper way of making factual findings for the purposes of this sentencing.

7 You were born on 11 September 1958 and you are 51 years of age. During the period of the presentment, that is, from 1 January 1996 to 17 January 2008, you were aged between 38 and 49 years. There are ten identified complainants and one unidentified complainant. Count 1, SV; Counts 2 to 4, BE; Counts 5 to 9, ZQ; Count 10, DE; Counts 11 to 15, IK; Counts 16 to 28, ZV; Count 21 relates to a person unknown; Count 22, RK; Counts 23 to 34, LK; Count 33, KR and Counts 34 to 37, BQ. There were general counts, Count 39, the production of child pornography, Count 40, the possession of child pornography.

8 During the period of the offences, you resided in Romsey, occupying a makeshift bedroom within a large shed on the property, whilst your father stayed in the main house. The offences were almost exclusively committed in two makeshift rooms in that shed. You were self-employed in the areas of music tuition, photography, video editing and audio engineering over a number of years. You worked at the Lancefield Primary School, and while not an employee of the school, you were generally viewed as a music teacher by the students. It was through that affiliation with the primary school that you established contact with local families, providing private music lessons to a number of children, including many of the present complainants. The majority of these music lessons took place in private homes, and you came to be trusted by the families.

9 As a result of an incident occurring on 17 January 2008, BQ made a report to the Gisborne Criminal Investigation Unit. On 23 January 2008, a search warrant was executed at your property. You were arrested and police seized 58 videos, 47 DVDs, 13 video camera cassettes, 12 computer hard drives, and five video cameras, a bag containing various items of clothing, numerous folders containing photographs, a homemade toilet consisting of a crate, cushion, funnel and covert video camera, a number of sexual devices, which included penis-shaped vibrators and an inflatable cushion with a penis-shaped attachment. Two lengths of chain with stirrups covered in pink padding were also found.

10 Following that attendance by police, you were taken to the Gisborne Police Station for interview. During the course of the interview, you admitted the following:

• that on 17 January 2008 you had been 'mucking around' with BQ, but you could not remember much about it;

• that you constructed a homemade toilet in your bedroom to make it more convenient so people did not have to go outside;

• that you had recorded footage of BQ on 17 January 2008 for voyeurism, and you said that you liked observing and "getting off";

• that you did not remember hugging BQ, "but it's very likely, I'm just a very tactile person," you said. That you were upset with yourself because you offended her;

• there were lights and cameras attached to the homemade toilet, that "the use of the toilet would have been recorded in the video, yeah";

• you "probably stroked ZV's legs sometimes, not that it's got anything - not what you're implying, anyway." That you touched ZV for affection. That there was footage of ZV using the homemade toilet and that you probably would have shown sexual devices to ZV;

• that LK had been sick in your room one night, namely that she was feeling, to quote, "feeling unwell and she got dizzy";

• that you masturbated when you watched the footage taken of BQ on 17 January, that you masturbated when you were watching the footage from the homemade toilet, that you masturbated quite a few times over the last 12 months when watching footage depicting ZV, BQ, and LK;

• that there were no other children that had been inappropriately depicted, and that you did not believe your conduct towards ZV or BQ was indecent.

11 At the conclusion of the interview, you were released from custody pending the further investigation by police of the seized items. The footage seized contained a substantial amount of child pornography and disclosed that you had engaged in a substantial number of additional sexual acts with children. A formal police operation was commenced.

12 On 27 February 2008, the police executed a second search warrant at your property. You were arrested and further items were seized, including over 1000 compact discs, 21 computer hard drives, several hundred computer discs, numerous photographs and negatives, numerous image slides, numerous soft drink bottles containing urine, numerous items of clothing including adult and child female clothing, a quantity of prescription medication including Tryptonol and Zydol, and a quantity of cartridge ammunition and two laser pointers. It is to those last two items that the summary offences refer.

13 You were taken to St Kilda Road Police Complex for interview where you declined to answer questions. You were subsequently remanded in custody and have remained there since. The ensuing police investigation revealed that you had set up at least four recording devices, and that they were used to record the footage forming the basis of the charges. The recording devices were:

• a large camera set up on a tripod in the bedroom which captured vision of activities occurring in the vicinity of the couch and the computer desk;

• a covert camera located under the computer desk in the bedroom which captured vision of activities occurring in the vicinity of the front door of the bedroom, including the computer desk and couch;

• a covert camera located inside the homemade toilet and the bedroom; and

• a covert camera located in the room containing the toilet in an alternative location.

14 A small number of offences have not been captured visually. These relate to the complainant DE in Count 10 - an indecent act with a child under 16, and in relation to KR in Count 33 - a count of indecent assault.

15 In addition to the specific presentment counts, the chart of evidence - and I will refer to that later in my reasons - discloses instances of inappropriate physical conduct. For example, hugging, kissing, pressing against the complainants' bodies and massaging the complainants.

16 That material forms part of the whole of the evidence, however you do not fall to be sentenced separately for what is contained therein.

17 The Crown submits that the visual footage highlights a sophisticated, gradual and long term process of grooming involving you ingratiating yourself into the family life of the complainants; offering lollies, soft drinks and other junk food to the complainants; offering fun activities at your premises, including access to computer games and the Internet and providing gifts to the complainants; introducing sexual talk and sexual devices into your interactions with the complainants; encouraging the complainants to engage in sexual behaviour in private; almost constant hugging and touching of the complainants; and drugging the complaint LK.

18 I find those matters as having been proved beyond reasonable doubt for the purpose of sentencing you.

19 The Crown alleges that you created a particular environment in order to encourage the complainants to spend time in your presence, then took advantage of them. Through purported innocent touching, you increased the complainants' tolerance of your offending behaviour and covertly video recorded your sexual and non-sexual interactions with the complainants. You also covertly video recorded the complainants when they were alone in circumstances where you would encourage them to undress or engage in other sexual or sexualised behaviour.

21 The complainant SV was born on 9 May 1984, and at the time of the offending was aged between 12 and 13 years. She attended the Lancefield Primary School and knew you as a part time music teacher at the school. You also gave music lessons at her home and formed a friendship with her parents.

22 Music lessons with you began when she was aged 9. She says:

When Colin was giving me piano lessons at home, I would sometimes feel uncomfortable because he'd sit at the piano stool in a way that I'd have to sit on the edge or on his lap before the lesson started. He would always be sitting close to me or brushing up against me.

23 The footage the subject of the count depicts SV changing from bathing suit into her clothing. Her breasts and vagina are exposed. There is further footage of her urinating into a toilet. The footage has been edited to place various segments in sequence and they are cyclically repeated at normal speed and in slow motion.

24 Numerous other files in the disc material consist of still images where the complainant's face has been superimposed on a pornographic image. SV has viewed partial still images of these films and identified herself.

25 In creating an environment where you were able to video record SV undressing and urinating, and by your creation of other pornographic images, you have caused her to be in any way concerned with the making and production of child pornography.

26 The period of that offending is between September 1997 and September 2000. BE was born on 10 September 1986. She is the elder sister of DE and was aged between 11 and 14 during the period of the offending.

27 She attended the Lancefield Primary School and you taught her piano at school. This led to private lessons in her home and you became good friends with her parents. She has diary entries which indicate a camping trip with you and your daughter in January 1999 and again in January 2000.

28 BE states that after returning from the camp in January, she felt uneasy about you:

After returning I remember I didn't want much to do with him. I know my mother picked up on my feelings. I remember that after this, I wouldn't go to Doo's house to play with [his daughter] and I never stayed overnight at his place. Prior to this I know I'd stayed overnight at his place, maybe only on two or three times.

29 During one of these overnight stays you sexually assaulted BE by inserting your fingers into her vagina. BE has no recollection of the incident, but still images depict a close up image of her vagina and digital penetration of the external genitalia. There are a number of different images which suggest that the penetration occurred more than once. The count therefore proceeds on a representative basis.

30 There are still images, together with other images in the disc material, which depict BE in a sexualised manner or with exposed genitalia. The images were taken by you. You thereafter stored them on computer disc and created a montage using four of those images. Placing BE in the position of being photographed and represented in this way constitutes Count 3, procuring a minor for the purposes of child pornography.

31 Counts 5, 6 and 7 are rape. Count 8 is procuring a minor for child pornography as a representative count and producing child pornography is Count 9. The relevant period of offending is between October 1997 and October 2001. ZQ was born on 28 October 1985. She was aged between 12 and 15 at the time of the offending against her.

32 ZQ attended the Lancefield Primary School and met you during music classes at the school. Thereafter you attended at her home for private piano lessons, and that included her younger sister BQ. You developed a friendship with her parents and involved yourself in the life of the Q family. ZQ said:

Colin would come over for meals and would call my house at least once a day for non-specific reasons. I remember from about Year 8 onwards Colin became more and more involved in our life, myself and my brother and my sister. I remember he would target [BQ] more than myself or [my brother].

33 When ZQ was in Year 8 at Gisborne Secondary College, she started playing netball on Wednesday evenings. You offered to drop her off or pick her up and a routine was established whereby you would pick ZQ up from the school bus stop in Romsey. She would change into her netball outfit in your room whilst you were in the main house. You showed her a video camera you had set up in the room, but, unbeknownst to her, that camera was activated on at least one occasion when she was undressing. One item of the disc material depicts her changing from her school uniform into her netball outfit and her exposed vagina is visible in the footage. You also created still images from this footage.

34 On an occasion when she was at your residence, you raped her whilst she was unconscious. This is material that is depicted on the disc material. You can be seen inserting your penis into her vagina, inserting your penis into her mouth and inserting your finger into her vagina. They are three separate counts of rape. The video file has been edited and various portions have been manipulated. Other portions are in slow motion. You have extracted still images from the footage. There is a still image of her lying unconscious on the bed.

35 While searching your residence, the police also located a printout depicting her lying unconscious in a state of undress, with you visible at the foot of the bed. The printout was located in a manila folder in your bedroom. In addition to the images described above, you also superimposed her face onto other pornographic images. All of these video files and still images are particularised in Schedule B, which formed part of the presentment, and they constitute the particulars of the count of producing child pornography.

36 By placing ZQ in the position of being video recorded and represented in this way, you caused her to be in any way concerned in the making and production of child pornography and hence procured a minor for child pornography.

37 This count is an indecent act with a child under 16 years. The relevant period is from 1 January to 31 December 2000. DE met you while she was in Grade Prep at Lancefield Primary School. She is the younger sister of BE. You taught music and assisted with the computers at school. DE said:

I liked him because I thought he was, like, one of the kids. He gave us lollies all the time. Different sorts of lollies. He gave us Wizz Fizz. He used to give little trinkets. He always had a camera and was always taking photos of me and other kids.

38 As already observed with the counts relating to BE, you became friendly with her parents. The offence, which is the subject of Count 10, occurred in the year 2000 when she was in Grade 6. You attended at the E home in the early afternoon when she was the only person at home. DE has said:

Doo was doing computer stuff in the office area of the house and asked me to come into the office. He started showing me pictures of naked girls on the computer and started touching my leg up the side. There are also photos of naked boys. Photos of the boys were naked and they were touching themselves. I didn't recognise anybody in the images, I didn't really look at them. It was different ones for about ten minutes on the computer, they looked like grown-ups. He was saying stuff like 'Do you like stuff like that?' He was touching me up and down my leg, up near the groin area as he was showing me the photos. I was wearing a school summer dress. I can't remember if it was on top of my dress or under, my dress was short. He was moving his hand up and down, he kept saying stuff like 'Do you like that' when he was touching me.

That conduct relates to Count 10, an indecent act with a child under the age of 16 years.

39 These involve three counts of indecent act with a child, Counts 11, 12 and 13. Counts 14 and 15 are counts of procure a minor for child pornography, and Count 15, on eof producing child pornography. The relevant period is from 1 January 2004 to 31 December 2007. IK was born on 12 June 1992, was aged 11 to 15 at the time of the offending. She attended the Lancefield Primary School, but met you when you attended at her home to provide private music lessons to her older sister RK. RK is the subject of Count 22.

Throughout my primary school years Colin would come to our house more and more often. It was initially only once a week, but this led to him coming out sometimes three times a week. This was mainly because my sister [ZK] started to learn guitar from Colin. Colin would teach [ZK] on Monday and [RK] on Friday, would then make excuses to come up again. Colin became a friend of our family. At the beginning he would hang around after the lessons and have a cup of tea or two, and then eventually he started staying for tea. In primary school I thought Colin was pretty cool and we did a lot of fun stuff. I don't exactly recall what Colin had given us to eat or drink while we were there, but he always had chips, drinks and lollies. The drinks were normally from a glass. Colin always had lollies. I remember Wizz Fizz sherbet cones, sherbet bombs, chocolate éclairs and mixed lollies. Colin was very involved with our family. He would cook dinner sometimes, teach my sisters music, play electronic games, all sorts of stuff. He took my sisters to the opera, my family to a show, and would often buy myself and the family gifts. I would say Colin felt very comfortable with our family. He would massage us often in front of my parents, he would massage my feet and shoulders. Sometimes I would feel uncomfortable and tell him to stop. He would then stop, and then he'd start again. He massaged all of my sisters. I don't think he ever did [my brother]."

41 When she was in Year 7 at school, you assisted her and her brother to build a go-kart. Both would attend at your residence. IK stated:

Colin suggested we bring a change of clothes down so that I wouldn't go down in dirty clothes after working on the go-kart. I would get changed in his room. Whenever we did go-karting we were using power tools to cut off the bottom plate of the go-kart. I always felt dizzy or sleepy, and I had a headache.

42 The visual material contained in the disc material, the hard drive material and the exhibit material includes numerous video files and still images depicting IK. Some of the footage depicts you touching her breasts and her vagina. There were numerous instances of you touching her in this way. She appears to be in various states of consciousness. Both of the counts of indecent act represented by Counts 11 and 12 are representative, and the particulars of both are contained in the chart of evidence.

43 One item on the hard drive material depicts you rubbing a penis-shaped vibrator along her right forearm, constituting Count 13. The other disc material and hard drive material and exhibit material contains numerous pornography video files and still images depicting her, constituting Count 15, the production of child pornography. These items are particularised in Schedule C to the presentment.

44 By placing IK in the position of being video-recorded, photographed and represented in this way, you caused her to be in any way concerned in the making of child pornography (Count 14).

45 Counts 16, 17 and 18 involve indecent acts with a child, count 19 procuring a minor for child pornography, and count 20, producing child pornography. The relevant period is between 1 January 2004 and 31 December 2007.

46 ZV was born on 23 August 1994, and was aged between nine years and 13 years during the period alleged in the presentment. She attended Lancefield Primary School and met you during music classes at the school. You also conducted private piano lessons at her home on Tuesday afternoons. You would often stay for dinner with the V family, and in this way became a trusted family friend. She attended at your residence on many occasions, and several hours of footage in the disc material and hard drive material depict her using your computer and assisting you with video editing. Some of the footage depicts you touching her breasts and her vagina on what appears many separate occasions. There are many instances where you are seen rubbing a purple vibrator over her body, circumstances which constitute Counts 16, 17 and 18. They are all representative counts.

47 ZV also explained the nature of her relationship with you, and her VATE interview conducted on 23 January 2008. She states:

A couple of times when I've been to Colin's he had the vibrator thing. Well actually most times I'd go there he turns it on and tries to tickle me, but I ignore it.

48 The disc material and hard drive material exhibited contain numerous pornographic video files and still images depicting ZV and that is the count of producing child pornography. These items are particularised in Schedule D to the presentment.

49 In placing ZV in the position of being video taped, photographed and represented in this way, you caused ZV to be in any way concerned in the making of child pornography, Count 19.

50 This count involves the production of child pornography. It seems to be at a date some time between August 2004 and August 2006.

51 A file named "Lee T" is a video filed of three minutes and twenty five seconds duration. It is contained in the hard drive material and depicts a female using the toilet of the home of Robert Smithies in Romsey, where you are said to have house-sat on occasion. The female is depicted lowering her pants and underpants, sitting on the toilet and urinating. Her vagina and bottom are both exposed and are visible in the footage. The footage had been edited to repeat the sequence continuously for the duration of the file.

52 The evidence suggests that the complainant is almost certainly SK, who was aged between 16 and 17 at the relevant time. She is the elder sister of RK, ZK, IK and LK. She would later identify herself in those shots and say that she was certain that she is in the toilet at Smithies and she thinks she probably would have been in year 11.

53 SK's younger sister ZK is also pretty confident that the images depict her sister SK. You, however, have denied that the person shown in that particular film is SK and so you are presented on this count on the basis that the complainant is a person unknown, it being undesirable to put everyone through the exercise of strictly proving that count, however they are the circumstances said to give rise to it.

54 This is a count of producing child pornography between 25 September 2004 and 24 September 2006. Another file contained in the hard drive material depicts a female child using the toilet in the home of Robert Smithies. The female is depicted lowering her pants and underpants sitting on the toilet and urinating. Her vagina is exposed and visible. The complainant depicted in this footage is RK, who was aged between 14 and 16 years at the relevant time.

55 I have already pointed out her relationship with the other victims. She is the younger sister of SK. She has viewed partial still images taken from the file and identifies herself. She states that she was about 14 or 15 years of age. She does not recognise the room.

56 The conduct, that is using a video camera, in another person's house, a person who purports to be your friend, for your own perverse sexual purposes, is almost impossible to understand. Although, on the scale of your offending, these offences are not objectively as serious as some of the other offending depicted. It is marked by the feature that I have outlined above. It makes one question was there anywhere that these young women went that was safe?

57 These are respective counts of administering a drug for the purposes of sexual penetration, rape, rape, rape, indecent acts with a child under 16 years, procuring a minor for child pornography, and producing child pornography. The relevant period is between 1 January 2005 and 16 January 2008.

58 LK was born on 30 June 1997 and was aged between 7 years and 10 years during the period of the offending. LK is the younger sister of SK, RK, ZK, and IK. She met you through her family association with you and attended at your residence on many occasions. Several hours of footage in the disc and the hard drive material depict her, and the footage discloses that you committed a number of sexual acts upon her, almost entirely during a discrete period on one day. The footage depicts you inserting a vibrator into her vagina, your penis into her vagina, your penis into her mouth, licking her vagina, touching her breasts, touching her vagina and rubbing a vibrator on her body.

59 In addition, the visual footage depicts her in a state of dizziness and/or or unconsciousness. You administered a drug to her to render her unconscious and there is a specific count dealing with that conduct, Count 23, administering a drug for the purpose of sexual penetration. That count comes about because it has been confirmed by hair sample analysis, conducted by a toxicologist at the Victorian Institute of Forensic Medicine, that the drug Xylopedene was detected in segments of LK's hair, corresponding to the period between 11 April 2007 and 11 October 2007.

60 LK turned ten on 30 June 2007. That means that your offending conduct occurred in a period when she was either nine or ten. Since it would be an even more aggravated offence if she were under the age of ten years, I must proceed on the basis that LK was ten at the relevant time. That is bad enough. Based on the file names given to the various pieces of footage in the hard drive material which depict the majority of the offences referred to above, the Crown submitted the offences were probably committed on 5 October 2007. I am prepared to find that as being accurate for the purposes of this sentence.

61 The disc material and the hard drive material contain numerous pornographic video files and still images depicting LK (the count of producing child pornography), and placing her in a position to be video recorded and represented in the way that she has, constitutes the production of child pornography as it has done for so many others.

62 This is an indecent act with a child under the age of 16 years. The relevant period is between 1 October 2006 and 31 October 2006. KR was born on 23 December 1990. She was aged 15 years at the time of the offence. She came to know you in 2001 when she was in Grade 5 at the Lancefield Primary School. You would attend approximately twice per week to teach piano as part of the music subject run by the school. During this time, KR was aware that RK and BQ were having private keyboard lessons with you. Between 2001 and 2006 she only saw you sporadically.

63 In October 2006, you attended at her home address and asked her mother if KR could assist you with a local theatre production in about a weeks time. It was agreed that she could help out and you re-attended at her house later that afternoon to show her how to use the video camera. She says:

I wasn't really interested in doing the camera work but I thought I was doing the right thing by helping Colin out. I also wanted to see the production, so I agreed to do it. Colin stayed for about three hours and in the end I had to tell him to leave as it was time for my dinner. He was just hanging around and talking crap about nothing in particular. I think he was wanting to stay for dinner or something.

64 On the evening of the production, you picked her up from her home at about 6.30pm, getting to the theatre about 7pm and setting up the equipment. The production finished about 8.30pm and there was a party for cast and crew. KR asked you if you could leave and you told her that you would leave shortly. In the event, it was about 3am that you advised her that you were leaving. She was relieved to be finally going home and got into your vehicle with RK, SK and IK.

65 You dropped off the K sisters first and then started driving towards her home. En route KR states that you were saying things like, "I can read your mind. I can tell you what your soul wants." You placed your hand on KR's inner thigh in the vicinity of her vagina. That constitutes Count 33, an indecent act with a child under 16. KR slapped your hand away and said, "Don't touch me." You removed your hand and she positioned herself so that she was sitting as close to the passenger side door as possible.

66 You tried to touch her arm a further three times whilst driving. On arriving at her house, she got out of the vehicle and walked up to the front door. You got out of the vehicle and said "I just want to say good night." You leaned forward to kiss her on the lips, but she pushed you away and said "No, get out of my house."

67 Although the objective offending in this particular count is not at the highest level, the effects of your offending on KR and her mother have been very serious. It is yet another example of the consequences of offending against children, and in particular, offending in small communities.

68 These charges involve two counts of indecent assault as representative counts, procuring a minor for child pornography, and producing child pornography. The relevant period is between 6 February 1996 and 17 January 2008.

69 BQ was born on 6 February 1991. On 17 January 2008, she was aged about 16 years. On that date, she attended at your residence to use the computer. During this time, you touched her breasts and rubbed a vibrator on her body. The offences occurred on several occasions, and therefore both counts are representative counts. The offending was captured by you by your activation of a recording device on the tripod and under the computer desk. The disc material, the hard drive material and the exhibit material contained several pornography video files and still images depicting BQ. These items are particularised in Schedule F to the presentment. By placing the child in the position of being video-recorded, photographed and represented in this way, you had caused her to be in any way concerned in the making and production of child pornography.

70 On 17 January 2008 BQ complained to her mother. Whether it was because she was slightly older and felt that she could so is conjecture, but she did, which in turn led to the involvement of the police, and ultimately to your apprehension for these offences.

Count 38 - production of child pornography (miscellaneous)

71 This is a miscellaneous and rolled-up count between September 97 and January 2008. The disc material, the hard drive material and the exhibit material contain numerous pornographic video files and still images depicting children. These files consist of footage from the covert camera installed inside the homemade toilet, and quote "Scene selection pages" of a kind ordinarily found in commercially produced DVDs. Due to the narrow field of vision, complainants in the homemade toilet footage are in the main unable to be identified. The "Scene selection files" contain moving footage from the hard drive material, and depict LK and ZV together, with portions of the footage from the homemade toilet. The files comprising Count 38 are particularised in Schedule G to the presentment and in the chart of evidence which is made available.

Count 39 - possess child pornography (miscellaneous)

72 This is a rolled-up count. The disc material and the hard drive material and the exhibit material contain numerous pornographic video files and still images depicting children. These items are particularised in Schedule H. They include the particulars from the previous counts of producing child pornography, namely Counts 4, 9, 15, 20, 21, 22 and 37 and 38 miscellaneous files, and Count 1. The files contain retail pornography as well, which had been downloaded from the internet - and other photographs, which were located in your residence when police executed the search warrant.

73 Such are the details of the counts to which you have pleaded guilty. It follows that the conduct relates to the period between January 1996 and January 2008, just over 12 years. You had involved yourself with the families effected, with some of them since about 1990. You had inveigled yourself into a position not only of trust, but of utmost trust, which has been betrayed. A breach of trust may occur in many ways, but there can be no greater breach, none that is more serious than the abuse of children placed in your care. You cultivated the families, and you groomed the children, all directed to your own perverse sexual gratification. It is not possible to say when this breach of trust began, however it falls to be dealt with over the 12 year period designated in the presentment, and I will deal with you accordingly.

74 I received victim impact material from IK, SK, RK, BK (father), GK (mother), ZQ, BQ, KQ (mother), OQ (father), SV, QV (father of SV), KR and CR (mother of KR).

75 The personal hurt you have caused to these victims is vast and it is obvious. The additional and perhaps less obvious hurt you have caused to their families is a direct result of breaching the trust they placed in you personally. Trust which gave you the opportunity to engage in your abusive conduct. Any parent would understand their distress without thankfully having being placed in their position.

76 Any person who was present in Court and heard the victim impact material read, could not help but be moved by it.

77 I will sentence you according to law. It will not be of much consolation to your direct victims or their families, except insofar as to say the law will have run its course.

78 In relation to the material read in Court, that of itself may offer some small consolation, that is, that much of the suffering of the victims is common to each of you, so you might not feel quite as isolated as you felt before.

79 There is a sense in which some of the victims blame themselves for what has happened. I said on the plea that they should not do so, however it does demonstrate how invasive the effects of your conduct have been. In this case, the trust of at least part of a small community has been destroyed.

80 It is important to note that the offending against these girls and young women occurred at a very vulnerable stage of their development and your conduct has been life changing for them. Their trusting parents are doing their best to help share the burden. It is easy enough to say that it is important for the victims, insofar as it is possible, to put these things behind them. It is easy to say. However, you need to understand, and the community must recognise, how truly difficult that will be.

81 It is ironic that much of your more serious offending will be brought home to you by virtue of the fact you retained and utilised much of the material. The fact that your victims had to view a good deal of the material is another matter of aggravation for them.

82 I do note that you do not appear to have distributed any of the material. That is not of much consolation to your victims. It is true to say that some of the material is in part duplicated or close to duplicated and I note that it is so. However, in the opening, much of which I have reproduced in these reasons, the Crown were careful to set out the sexual offending in detail. Some of the offending is close to other similar offending in time and place and that is a matter that will need to be taken into account in sentencing.

83 The question of duplication arises more readily in the counts to which the schedules - to which reference has been made - refer. The images detailed therein were made and possessed by you. Many of them are very similar, but they do exist in their own right. Much of the material referrable to Count 39 for instance, is the subject of other counts.

84 The fact that you duplicated much of the material is not particularly to your benefit, when considering the production of child pornography counts. While recognising that there is substantial duplication in the material, there is separate criminal conduct involved in each of the offences to which you have pleaded guilty.

85 I accept that not every item included in each schedule arose in a way independent from other counts and other materials, but it will not be of very great consequence in forming the sentence I have formed.

86 On the plea I was provided with a chart detailing all of the material that was taken from your house. Summarising the material on disc, hard drive, in photos and exhibit material, the chart ran for some 756 pages. Allowing for duplication, there remains a vast body of pornographic material prepared and retained by you. I accept that vast body of material does not represent distinct instances of actual sexual offending against your victims, other than as appears in the charges.

87 I turn to your own background. You were raised in Broadmeadows and moved to Romsey with your father in about 1978 or 1979. You are the eldest of four children, having a brother and two sisters. Your mother, who had been ill, died in about 1985. Your father, who was a taxi driver, was a quarter Chinese. You claim to have had an unhappy childhood, particularly at primary school, in small part because of that ancestry and report to have been sexually interfered with at a young age.

88 You attended a local Catholic Secondary School at Broadmeadows where you were active in the development of musical programmes. You also developed an interest in photography. Your academic progress was satisfactory across secondary school. You had by then developed a reputation for being a 'goody-goody', which caused you some problems.

89 You completed your secondary schooling. There does not appear to be anything particularly out of the ordinary in your development. By the time you had finished school, you were playing bass and piano professionally. You commenced an electronics course, but did not persist with it and from about the age of 18 to 25 you were involved in various manual jobs. As a result of such work, you injured your back.

90 When you were 26 or 27 years of age, you entered into a relationship and a daughter was born in 1996. You remain in contact with your daughter, but not with her mother. You played music at various venues and worked part time at a regional library. You then had a temporary job at Lancefield Primary School, where you continued on as a volunteer. Although you had some paid employment, you subsequently re-injured your back which prevented you from continuing. Your volunteer work at Lancefield Primary School involved the areas of information technology, music and photography. You taught music privately part time.

91 From 2004 until 2006, you completed certificate courses at Victoria University in music and work training and assessment. At the primary school, you ran a photography club in addition to a course in computers for adults. You were very active in musical productions in schools throughout the region. You also produced videos and DVDs for various schools and the Woodend Scout Troop. You did a large amount of work on a film production with Dr Allan Young entitled "The Anzac Tradition" and did work in theatre and with young people, some of which involved production of DVDs. You performed other charitable work.

92 There were character references tendered on the plea from several people. They all spoke well of you and the work that you had done with them. I also received a letter from your father which indicated the particular consequences your offending has resulted in for him.

93 You have made the most of your time in prison and have completed various courses for which you received certificates which were before me on your plea. You are teaching music to other prisoners. You suffer from a back injury to which I have referred, Type 2 Diabetes and High Cholesterol. Those conditions appear to be managed satisfactorily in prison.

94 On the plea, a report from Dr Lester Walton was tendered and he gave evidence before me in relation to it. He described your young adult sexual development, as reported to him, and you told him about your earlier sexual experiences. At about aged 18 you commenced a sexual relationship with a woman some ten years your senior. You eventually moved in together, but that ended quickly and you said you found that devastating. You had several subsequent relationships and fathered a daughter in circumstances to which I have already referred.

95 Over the years you have used alcohol and cannabis, but apparently not to excess. In his report, Dr Walton was asked to address a number of specific questions. He concluded that you were properly described as a paedophile and probably had been since at least 1990. Further, that such condition did not constitute mental impairment as it is known to the law, and that he did not regard your paedophilia as being particularly out of the ordinary. Dr Walton found you were not suffering from any other psychiatric disturbance. The following matters are of importance:

To what extent does Doo have little choice in having:

the disorder of paedophilia; 2. inescapable sexual fantasies involving children;

acting out those fantasies or engaging sexually arousing behaviour directed towards children?

My understanding is that sexual preference, including a preference to be sexually involved with children is not a matter of personal choice. Furthermore, while there are strategies which enable persons to control or redirect their sexual fantasies, the spontaneous arising of sexual fantasies which any person experiences would at times be properly described as inescapable in terms of voluntary control. What is controllable is that there is no imperative necessity to act out whatever sexual fantasies one may entertain unless there is additional problems comprising self-control, for example, as may occur with brain-injured or intellectually disabled persons. The number is unknown, but I have certainly encountered persons in my clinical practice where they are clearly of paedophilic inclination but they have never offended against children. As far as I'm aware, paedophilic urges are no more or less strong than any other type of sexual urge, and the expression of such urges can be frustrated indefinitely without any medically deleterious consequences. Specifically in the case of Mr Doo, there is reason to expect that he would have been even more able than some other paedophiles to not engage in overt involvement with children because he was apparently, he has apparently no difficulty finding adult woman partners and engaging in mutually satisfying sexual activity with them."

Doo has expressed remorse and regret to his lawyer and others in relation to his offending. Is it plausible that Doo may in fact hate his urges and behaviour but cannot stop his behaviour on his own?

Given that in our society there is such a strong moral taboo against sexual abuse of children, it is inevitable that a person of otherwise normal intelligence, and not afflicted by any major psychiatric illness, that some process of denial or suppression of the normal abhorrence of sexually abusing children must occur before the abuse can emerge. There is often a lengthy process of psychological rehearsal and fantasy when both the perpetrator and the victim are relatively dehumanised prior to the emergence of overt sexual abuse. Once this process becomes entrenched, then it's not surprising that it may take some time to reverse, a process which is not entirely within the voluntarily control of the subjects. Thus it is common indeed that a paedophile in the immediate aftermath of apprehension often makes no expression of remorse and may attempt to shift blame for the misconduct on the victims. There is at least a component of that discernable with Mr Doo, or rather less so than many paedophiles that I have assessed. Furthermore, there has now been a significant passage of time since he was arrested, and it is his own claim that not only his actual sexual urges for children has subsided, but he's become increasingly aware that his behaviour is regarding with loathing by others. As yet he remains short of being able to make a comprehensive expression of remorse, but I would not preclude the possibility that his skills in that regard may be further developed. For example, precisely that process would be one focused on sex offender treatment in which inevitably he will become involved. It was not the case that Mr Doo was simply unable to control his behaviour resulting in the offending.

To what extent do you consider that Doo understands or has insight into the consequences of his offending on his victims?

I would describe Mr Doo as having quite limited insight at this stage as to the deleterious consequences for the victims. Again, I do not necessarily see that as unchangeable.

96 One other aspect of Dr Walton's report which I will note, came in the earlier part of it when he said this (emphasis added):

I am aware that it's been determined that [LK] has been given the sleeping medication Zolpidem Stilnox on the basis of toxicology from hair sample. As best as he can recall, Mr Doo does remember giving vodka to both [LK] and her sister [IK], but he has no recollection of administering any medication to any of the victims. He stated that [ZQ] was also intoxicated, but that she'd consumed whatever intoxicant may have been prior to arriving at his premises.

97 I think it should be noted that LK was about ten years old at the time of the offending, and IK 11 to 15; ZQ was 12 to 16. The basis of discussing the apparent administration of vodka to them, or the basis for saying that ZQ was somehow intoxicated at the time she attended at his premises, has an air of unreality about it.

98 In relation to what can be observed from the video material, you appear to have freely provided all sorts of beverages to these young women. Later in Dr Walton's examination of you, you said that you were motivated by a desire to give pleasure to your victims. That assertion does not sit well, if at all, with the treatment of your semi-conscious or unconscious victims. You have simply attempted, unsuccessfully, to rationalise what you have done.

99 All your offending is serious. It is clear, however, that some of the offending can be categorised as more serious, as reflected by the maximum penalties. Any penetrative offence is more serious, but rape is most serious. When dealing with 39 counts, the sentencing task is inevitably complex. No individual victim should look at any particular sentence on any particular count and feel that I have devalued their pain and anguish. Objective seriousness will play an important role, but the different sentences come about because of the way that I am obliged to frame a sentence when dealing with 39 counts, and it might be better to look at this sentence in its totality than to try and examine the individual sentences.

100 In this exercise, because there are so many counts, the sentence on each count represents its relative objective seriousness at large, but also in comparison with other counts. The orders for accumulation are designed to arrive at a total effective sentence which I regard as appropriate.

101 You have pleaded guilty and I have taken that into account. Your plea comes in the face of an overwhelming Crown case, and that comes about partly because of the material that you stored. You did not, however, subject your victims to the further indignity of having to give evidence in open Court, in circumstances which may well have entailed them being forced to again look at the material which is so offensive to them.

102 At issue here is the awful abuse of 11 young girls. You did so from a position of trust, which you betrayed. The courts have a special responsibility to the young and your offending has to be viewed with that as the upmost consideration. I have viewed a representative sample of your conduct. It is one of the most unpleasant tasks I have had to undertake in my entire legal career. The seriousness is obvious. The offending relating particularly to ZQ and LK is the most serious. The ages of the victims generally is a matter of aggravation.

103 In the plea material put on your behalf, others speak of your good works, and I have taken that into account as I am required to by law. What cannot be avoided however, is that at least part of your so-called good works became the vehicle through which you were able to commit these offences. It follows from what has been said by Dr Walton that your remorse is limited. Your prospects of rehabilitation also have to be looked at in the context of the matters reported by Dr Walton, but in particular, in the context of your general lack of insight - and, I suspect, empathy - for your victims.

104 Because you are to be dealt with specifically for the procuring and making of child pornography, the fact that you retained the material does not aggravate the other offending. It must be said though, that when considering the offences of making and procuring child pornography, one of the most disturbing aspects from your victim's perspective was that you retained, utilised and re-utilised, as well as remade material featuring them.

105 The sentence I intend to impose upon you is a severe one. It is intended to punish you. It is intended to deter you personally and hopefully to deter like-minded people. Depravity at the level you practiced will be dealt with very, very seriously.

106 Since it is my intention to sentence you to a term of imprisonment on each of Counts 1 and 2, I declare that you will be sentenced as a Serious Sexual Offender in relation to Counts 3 to 39 and I direct that this declaration and its details be noted in the records of the Court.

107 The consequences of that declaration are in part that s 6D of the Sentencing Act is enlivened. It follows that I am directed by that section, to regard the protection of the community from the offender as the principle purpose for which the sentence is imposed. I am enabled, in order to achieve that purpose, to impose upon you a disproportionate sentence, having regard to the gravity of the offences considered in the light of the objective circumstances. It was submitted on behalf of the prosecution that if I took an appropriate view of the seriousness of the offending, it would not be necessary to impose a disproportionate sentence and that is the approach that I have taken.

108 Pursuant to the provisions of the Sex Offenders Registration Act 2004, you are, following conviction on a combination of two of Counts 2, 5, 6, 7, 24, 25 and 26, even without consideration of the other counts, required to be registered under that Act for life and I will make a declaration about that shortly.

109 You are to be sentenced as follows. Count 1, six months. Count 2, three years. Count 3, six months. Count 4, nine months. Counts 5, 6 and 7, six years on each count. On Count 8, six months. On Count 9, nine months. On Count 10, 1 year. On Counts 11 and 12, eighteen months on each count. On Count 13, three months. On Count 14, eighteen months. On Count 15, two years. On Count 16 and 17, eighteen months on each count. On Count 18, nine months. On Count 19, eighteen months. On Count 20, eighteen months. On Counts 21 and 22, six months. On Count 23, four years. On Count 24, eight years. On Count 25, eight years. On Count 26, eight years. On Count 27, two years. On Count 28 and 29, eighteen months on each count. On Count 30, nine months. On Count 31, 32 and 33, one year. On Count 34, eighteen months. On Count 35, nine months. On Count 36, one year. On Count 37, one year. On Count 38, two years. On Count 39, two years.

110 I fix Count 25, a period of eight years for the penile rape of LK, as the base count. I order that three months of the sentence on Count 1, three months of the sentence on Count 3, three months of the sentence on Count 4, one year of the sentence on Count 5, one year of the sentence on Count 6, one year of the sentence on Count 7, three months of the sentence on Count 8, three months of the sentence on Count 9, four months of the sentence on Count 10, six months of the sentence on Count 11, six months of the sentence on Count 12, one months of the sentence on Count 13, six months of the sentence on Count 14, six months of the sentence on Count 15, six months of the sentence on Count 16, six months of the sentence on Count 17, three months of the sentence on Count 18, six months of the sentence on Count 19, six months of the sentence on Count 20, two months of the sentence on Count 21, two months of the sentence on Count 22, one year of the sentence on Count 23, one year of the sentence on Count 24, one year of the sentence on Count 26, six months of the sentence on Count 27, three months of the sentence on Count 28, three months of the sentence on Count 29, three months of the sentence on Count 30.

111 Two months of the sentence on Count 21, two months of the sentence on Count 32, six months of the sentence on Count 33, six months of the sentence on Count 34, three months of the sentence on Count 33, three months of the sentence on Count 36, three months of the sentence on Count 37, three months of the sentence on Count 38, and nine months of the sentence on Count 39 be served cumulatively - sorry, and one year, I think I omitted to say one year cumulated in relation to Count 2. I direct that those sentences be served cumulatively upon one another and upon the sentence imposed on Count 25. It may have been, and I wonder if I did so at the time, that I may have said in relation to Count 31, Count 21, Count 31 an accumulation of two months. That produces a total effective sentence of 25 years and six months.[1]

112 I fix a non-parole period of 22 years before you will be eligible for parole.

113 I declare that you have served 842[2] days of pre-sentence detention, and I direct that this declaration and its details be entered in the records of the Court.

114 I am obliged to state the sentence I would have imposed had you not pleaded guilty. I would have sentenced you to be imprisoned for 28 years with a non-parole period of 25 years. I order that the making of that statement and its details be recorded in the records of the Court.

115 I declare, Mr Doo, that you be registered for life under the Sex Offenders Registration Act and be subject to the conditions imposed under that Act in this form. I direct that you be registered pursuant to the provisions of the Sex Offenders Registration Act 2004 and record that as a result of having been found guilty of two or more Class 1 offences pursuant to the Act, you must comply with the reporting obligations under the Act for the remainder of your life, and I direct that that declaration and its details be entered in the records of the Court. It will be necessary for you to sign a document indicating that you have received that declaration before you leave Court.

116 I should say in relation to this matter that the work that has been done by those who have had the task of preparing the case for its prosecution have done that task remarkably well, and they are to be congratulated for it. And I say to the families only this, thanks for your patience so far. It has not been easy.

[1] NB: proclaimed at the sentencing hearing as 25 years 7 months due to arithmetical error.

[2] NB: proclaimed at the sentencing hearing as 814 days and corrected in discussion prior to rising.

Offenders Registration Act 2004

At a glance

Court

Decision date

Before

Source

Judgment (150 paragraphs)

Parties

Legislation Cited (2)