VICVSCA
R v Jobling-Mann [2000] VSCA 3
[2000] VSCA 3
Court of Appeal (Vic)|2000-02-02|Before: WINNEKE, P., BATT, J.A. and HAMPEL, A.J.A.
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Source factsCourt
Court of Appeal (Vic)
Decision date
2000-02-02
Before
WINNEKE, P., BATT, J.A. and HAMPEL, A.J.A.
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
[1]
- The applicant has now sought leave to appeal against the sentence imposed. The first ground is that the sentence is manifestly excessive. The remaining grounds, which contend that the judge either gave excessive weight or too little weight to various factors or sentencing principles, seem to me to be merely particulars of the first ground argued.
[2]
- The relevant facts surrounding the commission of the offences are fully canvassed in the careful sentencing remarks of the judge and it is unnecessary and undesirable to fully rehearse them. It is, I think, sufficient to say that the applicant was at the relevant time a mature woman of 34 years and each of the victims, whom she seduced, was barely 14 years. In an act of charity, the mother of the complainant referred to in the first count (whom I shall call "the first complainant") took the applicant into her home when told by the applicant, a long-time acquaintance, that she had been evicted from her home and had nowhere to live. It was not long before the applicant developed an attachment to and fondness for the first complainant, who was one of four siblings. The mother of the complainant relied upon the applicant to take responsibility for her children on occasions when she was absent from the home, and the applicant took advantage of those occasions to allow the attachment that she had with the complainant to blossom into an unnatural closeness and, ultimately, a sexual liaison which was consummated in various bedrooms of the house. The second complainant, who was a friend of the first complainant, was also taken advantage of by the applicant on two occasions when he visited the home whilst the applicant was present. I designedly use the words "taken advantage of" notwithstanding that the boys were consensual participants and were no doubt acting out of a sense of bravado and immature adventure. As his Honour pointed out during the course of his sentencing remarks, the applicant acted in breach of the trust reposed in her by the community and by her long-time friend in using the children as a vehicle for her sexual gratification. In the eyes of the law her conduct is, in my view, no more acceptable than would be the conduct of a 34-year-old male who, in similar circumstances, took advantage of two 14-year-old infatuated girls. When her activities were ultimately revealed, the applicant readily denounced her conduct as immoral and unworthy. I should say that, in suggesting as he did, that the applicant had breached the trust reposed in her by her friend, I do not understand his Honour to have been saying any more than that the applicant had, by her conduct, betrayed her friend's confidence. He was not intending to suggest, in my view, that the applicant had committed the more aggravated offence of engaging in sexual penetration of a child under her care, supervision or authority. Although the applicant had sought leave to add a further ground alleging such a specific error, counsel, correctly in my view, did not press the Court to grant such leave.