Pleas of guilty to one charge of using a carriage service to transmit indecent communications to a person aged under 16, and three charges of sexual penetration with a child under the age of 16
one charge attracts standard sentencing provisions
two victims aged 13-14 years
offender aged 22
Quick Take
1Under the Victorian standard sentencing regime (Crimes Act 1958 s 49B(1); Sentencing Act 1991 s 5A), the objective gravity of sexual penetration of a child under 16 is assessed by reference to the nature of the offending without reference to matters personal to the offender, though the offender's chronological age at the time of offending may be treated as an objective factor relevant to context.
2Emotional immaturity rendering an offender more vulnerable in custody may enliven the Verdins principles to warrant a reduction in sentence, even where the offending is serious and general deterrence and denunciation remain primary sentencing considerations.
3Under s 11A(4) of the Sentencing Act 1991, the court may depart from the 60 per cent minimum non-parole period for a standard sentence offence where the interests of justice warrant doing so, having regard to the totality of mitigating circumstances including early guilty plea, full admissions, remorse, and rehabilitation prospects.
Case Details
Citation[2019] VCC 1504
CourtVCC
JurisdictionVictoria
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