Principal Offences Covered in This Table

Incest

‘Levels’ refers to levels on ANVIL (Australian National Victim Identification Library) / CETS (Child Exploitation Tracking System).

Principal offences covered in this table:

- Sexual penetration of child or other lineal descendant or step-child (maximum penalty: 25 years’ imprisonment);

- Sexual penetration of person under 18 who is the child, other lineal descendant or step-child of de facto (maximum penalty: 25 years’ imprisonment);

- Person aged 18 or above who permits sexual penetration with father or mother or other lineal ancestor or step-father or step-mother (maximum penalty: 5 years’ imprisonment);

- Sexual penetration with sister, half-sister, brother or half-brother (maximum penalty: 5 years’ imprisonment).

Case Date Disposition Head Individual Plea Offence Appeal Status Type Sentence / Sentences Orders

McIntosh 19 May Custodial 264 months Trafficking in G Offending – Escalation of O’s offending involving sexual exploitation of [2016] VCC 2016 (22 years) children (Cth) x (early) children over 6 years. More than 25,000 images and 749 videos of child 622 2 (8 years x 2); pornography were found. O shared images and accessed 6322 images and NPP – 186 Incest 63 videos over the internet. O described his preferences as to ages of months (15 (descendant/ste children and sexual acts he would like to perform via online discussions. O years and 6 p-child) x 2 (5 regularly requested child pornography, including specifying the types of months) years and 8 material sought. Offending promotes distribution of child pornography, but months; 5 years less serious than instances of asking children directly to send pictures. Not and 6 months); fleeting interest. O disguised his identity and used encryption on his Incest computer. O also produced child pornographic material of his 2 nieces and (descendant/ste 2 daughters and discussed the material with other users, including how to p-child) x 18 drug his nieces in order to film them. Medium range of seriousness. More (aggregate than 16,500 images and 100 videos taken of 2 nieces aged 4 y – 7 y and sentence – 5 5/6 y – 9 y. Most of material in levels 1, 3 and 4. O filmed himself years and 6 committing various indecent acts against nieces whilst they appear to have months); been asleep and took 15 videos while the nieces were bathing/getting Producing child changed without their knowledge. O also filmed himself touching the pornography for younger niece indecently and had her engage in touching herself. O made use through a videos for own use but also intended to make material available to others. carriage service Planned offending. O facilitated the entry into Australia of twin baby girls (Cth) x 3 (5 whose birth was the result of an overseas surrogacy arrangement in which years x 2; 3 O was the sperm donor in order to pursue his sexual activities. O in effect years); entered in an arrangement for these babies to be born with intention to Making available sexually exploit them. Sexual use of children not sole purpose of entering child into surrogacy. Medium-level of seriousness. Most confronting charges. pornography Well planned. O committed an indecent act on one baby days after she was using a carriage brought to Australia and a further 39 acts against one or other of them. service (Cth) x 2 Acts were photographed and include rubbing O’s penis on their bodies, (4 years x 2); ejaculating on them and using tongs on them obscenely. A month after the Indecent act babies were brought to Australia, O sexually penetrated the babies on 20 with a child occasions over 6 months. Acts involved vaginal or anal penetration with an under 16 (Vic) object or fingers, oral penetration by O’s penis and partial vaginal (rolled-up penetration by O’s penis. 29 videos and 279 images in levels 1, 3 and 4. No

1 charge) x 3 (3 physical violence or torture. Breach of trust. Irrevocable harm caused to years x 3); O’s family. On 3 dates O created 5 video files of adult females in public Accessing child places by modifying a backpack for the purpose of concealing within it a pornography mobile phone and photographing the underwear and genital area of these using a carriage females. Serious sex offender. Maximum penalties increased for certain service (Cth) (1 offences part way into overall offending period. year and 9 months x 2); Offender – No prior convictions, depressive symptoms may cause O to Knowingly endure imprisonment somewhat more heavily, protective custody, 49 y possessing child male, offending appears to have occurred primarily to satisfy own sexual pornography interests and gratification, co-operation, remorse, contrition, expressed (Vic) (1 year and motivation to engage in useful programs, long and stable work history, 9 months); undertaken programs in custody, no drug use, heavy drinker at times, Transmitting totality, reasonable rehabilitation prospects. child pornography using a carriage service (Cth) x 2 (1 year and 6 months x 2); Soliciting child pornography using a carriage service (Cth) (1 year and 3 months); Indecent act with a child under 16 (Vic) (1 year and 3 months); and Intentionally visually capturing another person's genital area (Vic) (5 months). Sinclair (a 7 July Custodial 180 months Incest G Offending – O committed sexual offences against V (O’s daughter) for pseudonym) 2016 (15 years) (descendant/ste seven to eight years, including digitally penetrating V when she was 7 – 9 y [2016] VCC p-child) x 5 (9 and when she was 11 y (applicable maximum penalties of 20 years), and 957 NPP – 144 years; 8 years x having penile-vaginal sexual intercourse with V, including on three months (12 2; 6 years x 2). occasions when V was 14 y (O did not use a condom on two of these years) occasions and ejaculated inside V). V became pregnant and gave birth to son with health issues. O exercised degree of control over V, making V sleep in O’s bed when his wife was away, having V wash her vagina in his presence to remove evidence of his penetration and directing V not to tell anyone of sexual abuse. Breach of trust. Exploitation of power. Premediated offences. Extremely serious examples of incest. Offending relevant to birth of V’s son particularly serious. Profound and ongoing effects on V who felt parentless and raised her son without any assistance from O.

Offender – No relevant prior convictions, subsequent convictions, difficult

2 imprisonment due to Major Depressive Disorder and age (60 y), Avoidant Personality Disorder, male, high moral culpability, maladaptive childhood, evidence O targeted V due to unsatisfactory relationship with wife, failure to discuss offending and motivation, ‘high risk’ of sexual re-offending, persistent denial until recently, limited remorse, support of wife, orders for cumulation somewhat artificial to reflect particular circumstances and resolution of matter, concerns regarding rehabilitation prospects. Crawford (a 17 Custodial 180 months Incest G Offending – O married V’s mother when V was 4 years old, and was her pseudonym) February (15 years) (descendant/ste (early) stepfather for 8 years. O began sexually abusing V when she was 12 years [2017] VCC 2017 pchild) (course old. Over the course of 22 months, the abuse involved penile/vaginal 105 NPP – 96 of conduct) (8 penetration on a regular basis. O would bribe V to engage in sexual favours months (8 years); by offering her treats, and telling her not to tell anyone or he would get years) into trouble. O and V’s mother separated and O moved away. Two years Sexual later, V (16 years old) reached out to O and began to trust him. V later penetration of a moved in with O. For around eight months, O sexually abused V and 16 or 17 year occasionally bribed her with money for sex. O regularly made V perform old child under oral sex and penetrated her vagina with his penis. Over eight months O care, supervision also had regular penile/vaginal and penile/anal penetration with V. O or authority x 3 became more forceful and aggressive with V sexually and began controlling (course of V’s money. On one occasion when V was 18 years old, O started touching conduct) (5 her vagina and breasts. Despite V refusing and struggling, O removed V’s years x 3); and leggings and underwear and attempted to force penile/vaginal penetration. V kept struggling and finally escaped. Clear breach of trust. Attempted rape (5 years). Offender – No prior convictions, 44 y male, some remorse, guarded prospects of rehabilitation, support of family and friends, otherwise good character, depression and anxiety with suicidal feelings, learning difficulties, character references. Davis 21 July Custodial 144 months Incest NG Offending - O put vibrator into his anus in presence of 9 – 11 y V1 (O’s [2016] VCC 2016 (12 years) (descendant/ste son). On two separate occasions, O introduced his penis into 9 – 11 y V1’s 998 p-child) (course mouth. O also introduced his penis into 10 – 11 y V2’s (O’s step-daughter) NPP – 96 of conduct) (9 mouth and commenced having regular penile-vaginal intercourse with V2 months (8 years); from 10 y until 18 y. O told V2 not to tell anyone. O and V2 continued to years) Incest engage in regular sexual intercourse until V2 was 23 y (context and (descendant/ste relationship evidence). Breach of trust. Offending impacted Vs and their p-child) x 3 (4 mother (O’s former partner). Serious sex offender. years x 3); and Offender – No relevant prior convictions, pending matters, imprisonment Indecent act Verdins, cognitive impairments, illiteracy, limited education, 41 y male, with a child work history, O witnessed abuse of mother, drug and alcohol use, no under 16 (3 contact with daughter from previous relationship since offending, remorse years). for predicament O finds himself in, difficult remand because not receiving visits, telephone contact with family, completion of courses in custody, guarded rehabilitation prospects. Hopson (a 18 March Custodial 138 months Incest G Offending – O engaged in 3 distinct courses of conduct against the same V. Appeal against pseudonym) 2016 (11 years and 6 (descendant/ste (early) 35 y (at time of offending) O committed sexual offences against 11 y sentenced allowed [2016] VCC months) p-child) x 4 (4 daughter of de-facto partner who was residing at his house for 6 weeks (specific error and 293 years and 10 before she was placed into foster care by DHS. V had mild intellectual manifestly inadequate) NPP – 102 months; 4 years disability. Offending included touching V’s breasts, putting his hands down (resentenced months (8 and 6 months; 4 V’s pyjamas and touching V indecently, and digital and penile penetration [2016] VSCA 303 on appeal) years and 6 years x 2); of V’s vagina. After 2 incidents O told V not to tell anyone. Initial indecent months) Incest act of relatively low seriousness but forerunner for much more serious (descendant/ste offending. Relatively short period of offending because V was removed. V 8 December 2016 p-child) moved back to O’s home to live with her mother when she was 18 y. 43 y

3 (representative) (at time of offending) O engaged in penile/vaginal intercourse with 18 – 21 case summary x 2 (4 years x y V on 18 occasions, including anally penetrating V on 1 occasion. This 2); offending not at highest level of seriousness. O abused trust for own sexual Indecent act gratification. V continues to feel impact of sexual offending. Electronic with a child devices located at O’s premises contained 2310 downloads and 14 under 16 x 2 (8 incomplete downloads from “Pre-Teen Hard Core” website over 9 month months; 3 period, 62 images of child exploitation material and one Level 4 child months); exploitation material movie. No intention to sell or distribute. Well above Using a carriage lower levels of seriousness. Serious sex offender. service to access child Offender – Prior sexual convictions regarding offences committed against pornography previous young step-daughters, previous sentence expired shortly before (Cth) (6 current offending, 47 y (at time of sentence), male, failure to fully engage months); and in previous sex offender program, onerous detention as protection prisoner, Possessing child depression, on anti-depressant medication, regular counselling, fulfils pornography x 2 criteria of diagnosis of paedophilic disorder, no drug or alcohol use, some (3 months; 2 remorse, estranged from family and children, in communication with months). mother of V. Phillips [a 14 Nov Custodial 137 months Incest G Offending – O committed sexual offences against 7 – 11 y V1 (O’s pseudonym] 2016 (11 years and 5 (descendant/ste (late) daughter) in O’s home. O asked V1 if she wanted to have a blanket that [2016] VCC months) p-child) x 2 (6 – was in his room and took her to room where he licked her vagina. When 1699 years; 5 years); offendi someone knocked on door V1 was directed to walk out of room with NPP – 108 Indecent act ng blanket and act as if that was what had happened. On two occasions O months (9 with a child agains forced V1’s head onto his penis. When V1 tried to pull back O would pull years) under 16 t V1; her head forward. On another occasion when O acted as if he was tickling (representative) NG – V1, he put his hand down her pants and tickled her vagina. O then told V1 (1 year and 2 all that bad things would happen to her if she told anyone. Other sexual months); and other misconduct also occurred. Very serious offending. O also committed sexual Indecent act offenc offences against 14 – 15 y V2 (who used to babysit O’s children), including with a child es. kissing V2 and inserting his tongue into her mouth when she was at O’s under 16 x 4 (3 home. O also touched and rubbed V2’s vagina on the outside of her years; 2 years underpants/clothing on three occasions at V2’s home/when O and V2 were and 6 months; on a motorbike. When V2 spent the night at O’s home to look after his 10 months; 6 children, O kissed V2, took off her boxer shorts, lay on top of her and months). pushed his groin area into her groin area. V2 told O to stop. O told V2 to keep quiet as his wife might hear. Less serious offending. O manipulated V2. Gross breach of trust of Vs and their mothers. Vs and V1’s mother suffered considerably. Serious sex offender.

Offender – Prior convictions, subsequent convictions involving V2, no pending matters, difficult custody due to depression, paedophilia, 51 y male, hardworking, work history, qualified spray-painter, O formed 8 year relationship with V2 and had two children, O precluded from attending son’s funeral due to bail conditions, supportive relationship with new partner, courses in custody, some remorse for offending against V2, guarded optimism about rehabilitation prospects. Packard [a 11 Nov Custodial 124.92 months’ Incest G Offending – On four separate occasions over nine months O committed pseudonym] 2016 imprisonment (descendant/ste (late) sexual offences against 12 y V (stepdaughter) in their home. O digitally [2016] VCC (10 years, 4 p-child) x 5 (6 x – child penetrated V twice, inserted his penis into her vagina once, and on the last 1686 months and 28 2; 5 x 3); and pornog occasion introduced his penis into her anus and then into her vagina. V was days) Possessing child raphy told it was a test. Use of emotional manipulation and violence such as pornography offenc restraining V by her hands. O blamed V following offending. Confused state NPP – 84 (Vic) x 2 (60 es; NG of V who loved O as stepfather. Gross breach of trust of V and her mother. months (7 days x 2). – all Mid-range offending. O in possession of ten child pornography images on

4 years) others computer tower and external hard drive. Images transferred between . devices. Level 1 depicting no sexual activity of children in early to mid- teens. Did not display gross exploitation of children. No sale, distribution or profit. Applicable maximum penalties of 5 years for child pornography offending. Serious sex offender.

Offender – No prior convictions, no subsequent convictions, no pending matters, difficult custody due to mental health and gender identity issues, 33 y male, tumultuous relationship history with V’s mother, O’s mother suffers from bipolar disorder, abused as child, disrupted schooling, work history, has started to discuss gender identity issues with professionals, unable to work due to offending, history of alcohol use, isolated from daughters due to IVO, remorse for child pornography offending, totality, guarded optimism about rehabilitation prospects. Bowden 9 March Custodial 123 months Incest NG Offending – 30 – 36 y (at time of offending) O committed sexual offences Conviction appeal [2016] VCC 2016 (10 years and 3 (descendant/ste against V from age of 9 throughout V’s schooling. Over time O developed dismissed 297 months) p-child) (7 relationship with V’s mother. V had no father and developed a natural years); affection for O. When V was 9 y, O slept in same bed as V and V’s mother Sentence appeal NPP – 96 Sexual and O touched V’s vagina over V’s clothing when V’s mother went to the dismissed months (8 penetration of a bathroom. O penetrated 12 y V’s anus on numerous occasions when O took years) child under 16 V to his apartment to collect mail/clean fish tank. O also penetrated V’s [2017] VSCA 46 where child vagina on several occasions in V’s/O’s apartments, including in V’s mother’s under the care, bed. O had penile-vaginal intercourse with V on one occasion when V was 10 March 2017 supervision or in year 10 and O and V’s mother were living together and in a de facto authority of O x relationship. Sometimes V was rewarded with money and favours. Ongoing case summary 6 (5 years x 6); pattern involving frequent sexual acts. No physical force. O in position of and trust. V frequently under O’s care and control. Most serious offending. Indecent act Severe and far-reaching effects on V and V’s mother. Serious sex offender. with child under 16 (1 year). Offender – No prior convictions, no subsequent convictions, 45 y (at time of sentence), male, support of family and friends, difficult upbringing, work history, offer of employment, totality, good rehabilitation prospects. Grantley (a 13 Custodial 108 months (9 Incest G Offending – 38 y (at time of offending) O touched leg and genital area of pseudonym) October years) (descendant/ste (early) 12/13 y V1 (stepdaughter) while they were on couch together and V1 [2016] VCC 2016 p-child) pretended to be asleep. O rubbed V1’s vagina under her clothing, groped 1538 NPP - 84 (representative) her breast on top of clothing and digitally penetrated her for considerable months (7 (6 years and 6 time until V1’s sisters left room. O then then resumed penetrating V1 for years) months); and extended period of time while squeezing her breasts. Three years later 40 y Incest (at time of offending) O digitally penetrated 14 y V2 (stepdaughter) while (descendant/ste she was sitting on his lap at computer. A few months later when V2 and O p-child) (5 years were play wrestling, O pulled down V2’s top exposing her breasts and and 6 months); looked at breasts. Gross breach of trust. Harm caused to Vs spread across and whole family. Mid-range offending. Serious sex offender. Indecent act with a child Offender – No relevant prior convictions, 43 y male, difficult upbringing, under 16 (1 emotional neglect, physical violence, sexually abused, work history, year). remorse, support of family, friend and former employer, counselling, little insight, no substance abuse, no psychiatric issues, totality, reasonable rehabilitation prospects.

Erickson (a 2 Nov Custodial 108 months (9 Incest G Offending – O committed sexual offences against V (daughter) over 2 and pseudonym) 2016 years) (descendant/ste (early) a half years. In 16 y V’s bedroom, O told her that he did not want others [2016] VCC p-child) x 6 (5 having sex with her, that he should have sex with her and that she should 1652 years x 5; 3 not tell her mother. O left room and when he returned shortly afterwards 5 NPP – 72 years); and he put his hands under V’s clothes, began playing with V’s breasts, rubbed months (6 Indecent assault V’s vagina and clitoris under her skirt and rubbed his finger inside V’s years) (2 years). vaginal lips for several minutes. O revealed his erect penis, grabbed back of V’s head and forced his penis into V’s mouth, making V suck it until he ejaculated in her mouth. V’s first sexual experience. Unbelievable circumstances. Degradation. Two months later, O entered V’s bedroom and took off V’s and his clothes. O began to play with V’s breasts while he inserted his finger in and out of her vagina and made V suck his penis. O then forcibly picked V up and put her onto his lap and inserted his penis into her vagina. O continued penetrating V even though V found it painful, cried and asked O to stop. O ejaculated inside of V. Violence. Eight months later, when V was sick in bed, O pulled off her underpants and for 30 minutes used massaging disc on her vagina and inserted carrot into her vagina. On another occasion, O removed 18 y V’s underpants and repeatedly inserted his tongue into her vagina. O began to reach for his penis when O’s wife entered the room. Offending not in isolation. Calculated, premeditated and persistent. Very serious circumstances. O destroyed lives of his family. Offending causes distrust in community. Serious sex offender.

Offender – No relevant prior convictions, difficulties in psyche, 41 y male, difficulties from childhood, community work, work history, stay at home father, alcohol use, remorse, totality, protective custody, first time in custody, contact with mother and siblings, probably limited risk of reoffending in this way. Ritchie (a 27 Custodial 75 months (6 Incest NG Offending – O committed sexual offences against V (O’s stepson) over a pseudonym) January years and 3 (descendant/ste two year period and on three occasions when V was on access visits. V was [2017] VCC 2017 months) p-child) x 2 (5 aged between 13-15 years and O was aged between 25-26 years. On the 20 years x 2); and first occasion, O was alone with V and she gave V explicit instructions on NPP – 39 how to give oral sex. O told V to use his fingers to expose O’s clitoris and months (3 Gross indecency play a sex game while performing oral sex on O. O threatened to tell V’s years and 3 with a child father that they were lovers if V played the sex game with anyone else. On months) under 16 x 2 (15 the second occasion, O had returned from a concert with V and his two months; 12 sisters. After sending the sisters to bed, O was alone with V. O and V months). kissed each other, V gave O oral sex, and then V and O had penile/vaginal sex. On the third occasion, V and his two sisters were staying with O. O sent the sisters to the shops, and then directed V to lock the door. O had penile/vaginal sex with V until the sisters returned, interrupting them. Serious sexual offender. Breach of trust.

Offender – No prior convictions, no subsequent offending, imprisonment Verdins, victim of child sexual abuse, learning difficulties, dyslexia and dyscalculia, medical issues including Hepatitis C and liver damage, actively suicidal after trial, major depressive disorder with associated anxiety features and post-traumatic stress disorder, 56 y female, suffered from visual difficulties as a child, no insight or remorse, unlikely to re-offend, delay due to ill health. Trundle (a 15 Nov Custodial 72 months (6 Attempted incest G Offending – O committed sexual offences against 9 – 10 y V1 (O’s pseudonym) 2016 years) (descendant/ste (early) daughter) when she was living with him. O put his hands under V1’s [2016] VCC p-child) clothing and touched her breasts when he was massaging her. On another 1705 NPP – 48 (representative) occasion O asked V1 about sexual intercourse, took V1’s pyjamas off and months (4 (4 years); licked her vagina. Later that night V1 woke up with O on top of her, years) Attempted incest attempting to push his penis into her vagina. It hurt V1 and she tried to (descendant/ste move away. The following morning V1 found blood in her underwear. O

6 p-child) (4 also touched V1 on vagina on approximately 10 occasions. O commenced years); touching 10 y V2 (O’s daughter) when she visited him. On one occasion O Indecent act began rubbing V2’s leg when she was sleeping, put his hand on her chest with a child and rubbed her vagina over her pyjamas (representative of three under 16 x 3 (2 occasions). O then took V2’s underwear off, started rubbing her vagina and years x 2; 6 then licked her vagina for quite a while. O then pushed and rubbed his months); and penis against V2’s vagina when he was lying on top of her (representative Indecent act of three occasions). Situational offending over extended period. Dreadful with a child consequences on family. under 16 (representative) Offender – Convicted of sexual offending after offending against V1, hard (1 year). gaol due to limited intellect and limited cognitive abilities, male, admissions, sexually molested at school, left school at young age, work history, offended for sexual purpose, alcohol use, onerous custody because carer of mother, reduction in drinking, no contact with children, delay, remorse, totality, low risk of reoffending in same way. Thomas 17 Custodial 72 months (6 Incest G Offending – O committed sexual offences against 9 – 14 y V (daughter). On Daniel (A August years) (descendant/ste one occasion when V was in car she woke up to discover O’s hand on her Pseudonym) 2016 p-child) vagina as O was trying to put his hand inside her underpants. On other [2016] VCC NPP – 48 (representative) occasions O rubbed V’s right leg near her vagina when in car. 1272 months (4 (5 years and 6 Approximately 4 years later O removed V’s underwear when she was years) months); and sleeping in her bed, rubbed her vagina and licked inside her vagina. This Indecent act offending occurred on other occasions as well. Breach of trust. with a child under 16 Offender – No prior convictions, ADHD, adjustment disorder, (representative) methamphetamine use disorder, 55 y male, suffered disadvantage in early (1 year). years, work history, remorse, limited insight, guarded rehabilitation prospects. Robertson 1 Dec Custodial 66 months (5 Incest G Offending – V, aged 7-10y at time of offending, was step-granddaughter of [2016] VCC 2016 years and 6 (descendant/ste (early) O. Offending occurred when V stayed at O’s home with O and his partner, 1845 months) p-child) and O’s mother not present. V awoke to find O rubbing her vagina, O then (representative) inserted his finger into her vagina (representative of two occasions). NPP – 39 (4 years); Indecent acts involving O rubbing V’s vagina, tickling her vagina with a months (3 feather, rubbing V’s breasts, and licking V’s vagina. Uncharged acts relied years and 3 Indecent act upon as context. Offending involved pattern of repetition or course of months) with a child conduct over 3 years, offending not isolated, abuse of trust. Major impact under 16 x 3 (12 on V which has blighted V’s life to date and into the future. Serious sexual months; 9 offender. months; 6 months); and Offender – 73 y male, remorse, very good employment record, both Indecent act parents heavy drinkers and O subject to verbal and physical abuse, son with a child committed suicide last year, support from members of family, relationship under 16 with partner of 30 years ended when offending disclosed, very low risk of (representative) reoffending, significant medical issues that will make prison more (9 months). burdensome, prospects of rehabilitation good to very good.

Sheppard (a 3 May Custodial 66 months (5 Incest NG Offending – 56 y (at time of offending) O penetrated his 17 y step- Conviction appeal pseudonym) 2016 years and 6 (descendant/ste daughter’s vagina with his finger while she was in the lounge room using a dismissed [2016] VCC months) p-child) computer to communicate to a friend. V continued to type. O eventually 812 walked away. O had been sexually abusing V since she was 13 years old by [2017] VSCA 36 NPP – 36 entering her bedroom at night and penetrating her vagina with his fingers. months (3 When V’s mother would not allow V to do something, V would ask O and he 3 March 2017 years) would mostly say yes as long as he could touch V. Brazen act. Gross breach of trust. V has had a life of meltdowns, stress, anxiety and fear.

7 Offender – No prior convictions, subsequent sexual conviction, 70 y (at time of sentence), male, depression, difficult background, work history, O contributed to community, no remorse or insight, reasonable rehabilitation prospects. Ingle (a 29 Sept Custodial 60 months (5 Incest G Offending – Over several years, O (46-50 y) regularly committed sexual pseudonym) 2016 years) (descendant/ste (early) offences against his daughter V (10-13 y). O touched V’s breasts and [2016] VCC p-child) (course vagina (course of conduct charge) and introduced his finger and tongue 1430 NPP – 34 of conduct) (4 into V’s vagina (course of conduct charge). Non-penile penetration. No months (2 years); and gratuitous acts of violence or threats to V not to reveal. Prolonged years and 10 Indecent act offending, involving multiple acts of sexual offending. Position of trust and months) with a child control. Victim impact statement expressing forgiveness. under 16 (course Offender – No prior convictions, full and frank record of interview, reported of conduct) (1 offending to wife when daughter asked O to do so, restorative justice year and 6 program, hardworking, low risk of re-offending, although diagnosed as months). paedophile by one psychologist.

Tewkesbury 9 Dec Custodial 48 months (4 Incest G Offending – Police found child pornography on O’s phone. This included [2016] VCC 2016 years) (descendant/ste (early) several video files showing O performing sexual acts with V (step- 1918 p-child) x 2 (2 daughter). When V was 12 y, O had begun making V change in front of NPP – 34 years x 2); him. From when V was 12 – 14 y, O would regularly plead and beg V to months (2 take part in sexual acts including kissing her breasts, vagina and buttocks, years and 10 Producing child and to look at her private body parts. Videos depicted V’s vagina, O months) pornography performing oral sex on V, O touching V including touching V’s vagina. V (Vic) (1 year and visibly distressed at times. Also included videos of V showering or bathing 6 months); that were filmed covertly. V was not aware of any of the videos until after Committing O arrested. Persistent offending including digital penetration and oral sex. indecent act with O prepared PowerPoint type presentation showing pornographic images of a child under 16 V. O also had an internet drop-box account that contained 110 child (representative) pornography videos, including video of V in the bath, and which at least x 2 (1 year x 2); one other person had access to. On O’s iPad, O possessed child exploitation Committing material, including 2,048 level 1 images, 4 level 2 images, 43 level 3 indecent act with images, 86 images showing penetration of a child or adult, 6 images a child under 16 involving sadism or bestiality. There were also 44 movies involving no x 2 (10 months; sexual activity, 19 movies involving children but with no penetration, 31 6 months); and movies involving adults but without penetration, 41 movies involving children or adults where sexual penetration occurred. On O’s iPhone, O Possessing child possessed 5 movies where no sexual activity was involved, 5 movies pornography feature adults but without penetration, and 3 movies involving children or (Vic) (8 adults where penetration occurred. Age of children depicted ranged from months). babies to late teens, and included child exploitation material of males and females. Offending against V ceased some months prior to arrest. Protracted offending, in face of V’s distress, abuse of parental authority, aggravated by filming, saving and editing of abuse. Significant age gap (O aged in 40s). Mid-range example of incest. Offender – No relevant prior convictions, very traumatic history, schooling hugely interrupted, considerable abuse and neglect form mother, sent to accommodation from 12 y to 15 y where regularly raped by group of boys and formed inappropriate sexual relationship with 28 y female teacher, work history, prospect of deportation (though has family in New Zealand and has lived there).

Calazzo (a 9 Sept Custodial 42 months (7 Incest G Offending – O was V’s father. O offended against V when V was aged 3 and pseudonym) (descendant/ste again when V was aged ten. When V was 3 years old, O undressed himself

8 [2016] VCC 2016 years) p-child) and V, put V’s nappy on the table, and licked V’s vagina for five to ten 1365 (representative) minutes (representative charge). O denied this occurred when his wife (5 years); confronted him after V complained, but O admitted his offending to his wife NPP – 54 Indecent act two years later. When V was ten, O rubbed V’s vagina over the top of her months (4 with a child pants for one or two minutes on two separate occasions while they were years and 6 under 16 watching a movie at home, and once came out of a shower and asked V to months) (representative) touch O’s penis and, when V refused, O placed V’s hand on penis and made (2 years); and her rub it and then told V to keep going which V did until O ejaculated. O Indecent act then made V pull down her undies and O digitally penetrated V with a child (representative charge). V heartbroken, shocked, frightened and scared. under 16 (2 Offender – No prior convictions, no subsequent offending, 38 y male, years). disclosed offending to police prior to complaint, sexual experiences with own mother from age 13 to 21, paedophilic disorder limited to incest with females, supports schizophrenic brother, good employment history.

Parker (a 18 May Combinatio 15 months’ Incest G Offending – Facts not specified. pseudonym) 2016 n imprisonment (sibling/half- (early) [2016] VCC (1 year and 3 sibling) Offender – No prior convictions, serious sex offender, support of father and 664 months) (representative) brother, no substance abuse problems, remorse, expelled from Church, x 2 (1 year and socially isolated, work history, loss of employment, major depression with a 36 month CCO 3 months’ history of long-standing chronic social disorder, risk of self-harm. (3 years): imprisonment x - medical 2); and treatment; Indecent act - mental health with a child treatment; under 16 - offending (representative) behaviour x 2 (9 months’ programs; and imprisonment; 6 - supervision. months’ imprisonment).

On all offences – 3 year CCO. Rawlins 3 August Combinatio 6 months’ Incest G Offending – O offended against 77 y vulnerable V (O’s mother who was in [2016] VCC 2016 n imprisonment (parent/step- (early) powerless situation due to her disabilities) by sexually penetrating V over 1101 24 month CCO (2 parent) six month period. On one occasion O put his penis into V’s vagina and years): (representative) anus. On another occasion O put his penis into V’s vagina. Breach of trust. - community work (6 months’ V affected by offending and no doubt suffered considerably. Case not at (50 hours); most serious end of category, but not at lowest end. - supervision; imprisonment); - drug and alcohol and Offender – No relevant prior convictions, vulnerability in custody due to treatment; Incest acquired brain injury, possible impact of custody on mental health, pain - mental health (parent/step- from hernia, 43 y male, work history, deprived and dysfunctional childhood treatment; parent) (2 year - sex offender CCO). that did not help O set firm moral boundaries, early relationship with V program; and disrupted as O placed in foster care, O had other primary care givers, - offending longstanding and known relationship of mother and son at least from age behaviour of 7, no real explanation for offending, limited insight, alcohol use, first programs (such time in custody, no contact with family, on waiting list for public housing, as the problem remorse, very little risk of committing similar crimes, quite good behaviour rehabilitation prospects. program).