Posts Tagged ‘Victorian County Court’


 

 

http://www.abc.net.au/news/2017-06-07/man-granted-visa-reprieve-sentenced-for-raping-melbourne-woman/8597288

New Zealand man jailed for raping Melbourne woman after failed bid to deport him

By Emma Younger

Updated 7 Jun 2017, 3:24pm

A New Zealand-born man has been jailed for raping a woman in her Melbourne home two years after the Immigration Department tried to have him deported over his violent criminal history.

Carl Stafford broke into the 53-year-old woman’s St Kilda apartment and subjected her to a 45-minute attack in which she was raped, taunted and mocked.

The 42-year-old was sentenced to 10 years’ jail over the August 2015 attack, which took place two years after the Administrative Appeals Tribunal (AAT) overturned the cancellation of his visa.

An Immigration Department official had tried to have Stafford deported in 2013, by which time he had accumulated a lengthy and violent criminal history that began when he was a teenager.

But the AAT overturned the decision, despite finding he “does pose a risk that the Australian community deserves to be protected from”.

Rapist’s mother used home as brothel

In his 2013 ruling, a senior member of the AAT, John Handley, said Stafford had arrived in Australia as a three-year-old and it was virtually the only country he had ever known.

“He has no friends or family in New Zealand to offer support and all those close to him reside in Australia,” he said.

“In addition to his substance abuse, the applicant suffers from mental illness for which he needs ongoing treatment and support.”

Stafford moved to Australia with his sex worker mother, who used his childhood home as a brothel.

Mr Handley found welfare agencies had failed to intervene, something which could have prevented his life of drug abuse and crime.

“Much of his offending was impulsive and connected with his poor mental health,” Mr Handley said.

“The Australian community should bear some responsibility for the absence of intervention and should not, in my view, dismiss the applicant by returning him to his place of birth.”

‘I’ve been watching you’, Stafford told victim

The Victorian County Court heard Stafford had smoked ice in the hours before he broke into the woman’s home and was intending to steal.

Stafford has had a methamphetamine addiction since he was a teenager.

The woman woke up to hear her attacker at about 2:00am, and yelled out to him.

The court was told Stafford raped the woman in an opportunistic and prolonged attack in which he told her: “I know you live by yourself, I’ve been watching you.”

It took the woman about 45 minutes to escape her home and flag down a taxi driver for help.

Police arrested Stafford as he tried to leave the woman’s home with her mobile phone.

He initially denied breaking in or attacking his victim, but eventually pleaded guilty to three counts of rape and one charge of aggravated burglary.

The court was told Stafford’s victim had lost all sense of security.

Poor prospects of rehabilitation

Judge David Brookes said Stafford’s prospects of rehabilitation were dependant on him abstaining from drugs and remaining on medication for schizophrenia.

In allowing him to stay in Australia in 2013, Mr Handley said Stafford would face “considerable difficulty” fighting the cancellation of his visa if he committed further crimes.

During the review, Stafford had told him: “I know this is the last chance, I’m too old to keep offending.”

“If I can stay, I will not let you down,” Stafford told Mr Handley.

Stafford will be eligible for parole in seven years.

The AAT said it did not comment on individual cases.

 

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https://au.news.yahoo.com/vic/a/30805568/vic-man-pleads-guilty-to-porn-charges/

A registered sex offender who pleaded guilty to looking at child sex abuse images online has admitted using his dead wife’s phone to search for pictures of young girls.

Phillip Wayne Doherty, 59, says he was looking for “fat girls in bikinis” on the internet and browsing sexually explicit websites when he came across child sex abuse images.

He pleaded guilty in the Victorian County Court on Friday to multiple charges of using a carriage service to access child pornography and breaching parole and bail conditions that forbade him from using the internet.

The Thomastown truck driver has admitted looking at child sex abuse images, including a graphic video of a five-year-old child, between 2014 and October last year.

Doherty tried to hide evidence when police came to his home in October by throwing his dead wife’s phone in the bushes when he saw officers coming up his driveway, prosecutors told his plea hearing.

At the time he was already on bail for serious child pornography offences linked to a search of Doherty’s home two weeks after his wife died of cancer in August.

During the search the truckie confessed to police he had recently thrown out a computer that he had used to look at child abuse images.

He admitted he began using his wife’s computer in November 2014, even though his parole conditions prohibited him from using the internet.

Doherty was searching the internet for pictures of fat girls and browsing sexually explicit websites, thinking “I’m back to me old self again”, when he found the child sex abuse images.

“That’s when I got sucked in again,” he told police.

By Doherty’s own estimates, there were up to 300 child sex abuse images on the dumped computer.

He knew what he was doing was wrong, and often thought to himself: “I’m sick and I need help, but no one is going to help me”.

“I didn’t know who to ring,” he said in a police interview.

Police were unable to retrieve the computer and seized a number of electronic devices from Doherty’s home, who was charged and granted bail.

When officers returned to his home two months later and caught him trying to dump a smartphone, he admitted he had been using his wife’s phone to go online.

Doherty has been in custody since October. He will be sentenced on March 7.

 

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Boyce – Danial John - Sketch2

 

http://www.dailytelegraph.com.au/teacher-jailed-for-student-sex/story-e6freuz0-1225938287379

Teacher jailed for student sex

AN ENGLISH teacher who had sex with a 15-year-old student and then asked her to lie about the relationship has been jailed for three years.

Danial John Boyce, 29, had sex with the girl three times between August and September 2008, after the girl sent him naked images of herself over the internet, the Victorian County Court heard.

Boyce was the girl’s English teacher at a country Victorian school and initially tried to dissuade her from contacting him on the internet, the court heard.

But he later gave the girl his phone number and they became more friendly.

The relationship was revealed after the images were discovered during routine maintenance on Boyce’s school computer, the court heard today.

While on bail, police recorded Boyce telling the girl to “say it never happened” and that previous allegations were a lie.

After initially denying the relationship to police, Boyce confessed and pleaded guilty to sexual penetration of a child under 16 under his care, supervision or authority and attempting to pervert the course of justice.

Today, Judge Liz Gaynor jailed Boyce for three years and ordered he serve a minimum of 18 months in prison.

Having already served 400 days in custody, Boyce could walk free from jail in less than six months.

Judge Gaynor said the victim impact statements showed the girl was vulnerable and needed to be protected from forming a sexual relationship – regardless of whether she wanted the relationship – with someone older and in a position of trust over her.

“She was a child,” Judge Gaynor said.

“She and her mother should have been able to rely on you as a teacher to protect (her).

“I do accept that this relationship has caused her harm and disrupted her progress in life.”

Boyce wrote to Judge Gaynor expressing remorse and saying there was no-one to blame but himself.

“I had sex with a young girl … someone far too young for my age,” Boyce wrote in the letter.

Judge Gaynor said up until his offending Boyce had “risen fairly heroically” from his troubled family life.

Boyce’s mother physically and emotionally abused him and they lived in a house full of animals and animal excrement, the court heard.

Boyce will be a registered sex offender for 15 years.

Details of the school involved and the town where the offences took place cannot be revealed for legal reasons.

 

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Edmondson – Christopher - Photo

 

UPDATE:  MAY 2016

Edmondson has pleaded guilty to two charges of indecent assault & has had four months added to his existing jail sentence.

 

http://www.abc.net.au/news/2015-02-03/former-scout-leader-who-abused-trust-sentenced-to-jail/6067226

Former Scout leader who ‘abused trust’ 

sentenced to six years’ jail for child sexual abuse

Posted 3 Feb 2015, 4:46pm

A former Scout leader has been sentenced to six years’ jail after pleading guilty to sexually abusing children

in the late 1970s and 80s.

Christopher Edmondson, 59, admitted abusing four siblings, their cousin and his step-daughter on multiple

occasions between 1979 and 1987 when he was an assistant Scout leader at Warrandyte.

The Victorian County Court was told that Edmondson befriended one boy and was welcomed into the family

home, where he was trusted to babysit the children and stay the night.

The victims were aged between seven and 15 years old.

In sentencing, Judge Bill Stuart told Edmondson “it was a frightening aspect that you sexually abused all four

siblings, both male and female”.

“You were a grown man. You were trusted. Time and time again you abused that trust,” he said.

Edmondson has also served six years in jail in Queensland for sexually abusing another three boys and has

undergone several sexual offenders programs.

Judge Stuart said he “accepted with some hesitation” that Edmondson was remorseful and at low risk of

re-offending.

He sentenced him to six years and one month in prison and noted that he “had a terrible time” in prison

in Queensland.

 

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Rapson – David Edwin - Photo5

 

http://www.abc.net.au/news/2015-05-11/paedophile-priest-david-rapson-jailed-for-raping-boys/6459890

Paedophile priest David Rapson jailed for sexual abuse of schoolboys at Catholic boarding school

Updated 25 minutes ago

Paedophile priest David Rapson has been sentenced to 12 and a half years in prison for the rape and indecent assault of six boys in Victoria during the 1970s, 80s and 90s.

The Melbourne County Court heard the boys were as young as 11 or 12 when Rapson abused them at the Catholic boarding school he taught at.

The judge described Rapson as a “sexual predator seeking sexual fulfilment at the expense of young boys”.

He said Rapson displayed “cruelty and violence bordering on being sadistic”.

Rapson will be eligible for parole in 2023.

One of Rapson’s victims, who wanted to only be known as his first name Ben, said the verdict represented closure for him.

“I’m glad it’s finally over. It’s taken a big toll on us all and hopefully it’s the last of it and we can move on as best we can,” he said.

“It’s impacted my life in a big way – crime, drug abuse, things like that – and because he held the position he held in the church I couldn’t tell my parents or anyone like that what happened until probably four years ago.

“He’s just a sadist, a disgusting person and human being.”

Retrial follows miscarriage of justice

The former priest was jailed last year for 13 years for the abuse of eight boys, but the Victorian Court of Appeal quashed those convictions on the grounds that the charges should have been prosecuted separately.

There were eight complainants heard in a single trial, but the DPP acknowledged that significant parts of the evidence were not “cross-admissible”, or able to be heard by the same jury fairly.

The DPP said this prevented Rapson from receiving a fair trial.

Rapson faced fresh trials in the Victorian County Court, after prosecutor Peter Kidd SC told the appeal court he should face three separate trials on the charges.

But Rapson’s barrister Paul Holdenson QC argued there should be separate trials for each of the eight victims.

The retrial covered the abuse of six victims.

 

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Cooper - Simon Mitchell - Photo.

 

https://au.news.yahoo.com/vic/a/26524358/ex-vic-magistrate-must-pay-for-crime/

Ex Vic magistrate must pay for crime

March 5, 2015, 11:29 am

A former Melbourne magistrate who indecently assaulted two teenage boys in the 1980s has been ordered to pay one of his victims more than $70,000 compensation.

Simon Mitchell Cooper, 57, in 2013 pleaded guilty to seven counts of indecent assault and was handed a suspended three-year jail term for his crimes committed in the 1980s.

One of his victims, who cannot be named, filed an application for compensation, saying he needed ongoing treatment for the psychological damage he suffered as a result of the attacks.

The victim, who was aged between 17 and 18 at the time of the assaults, said he had suffered post-traumatic stress disorder and a major depressive disorder.

Victorian County Court Judge Christopher O’Neill ordered Cooper to pay the victim $65,000 for pain and suffering, plus $2772 for past treatment and $6220 for future treatment.

Speaking outside the court on Thursday, the victim said the good thing about the result was the exposure gave other victims the belief to step forward.

“This will send another sign to the community that everybody should have confidence in the system, the judges, the courts, the police, to step forward and just tell their truth,” the victim said.

“There’s nothing to be scared about.

“For me, unfortunately, I’ve kept this inside for 35 years and I’m paying that price.”

Cooper, a former criminal prosecutor, became a magistrate in February 2012 but resigned following his arrest in 2013.

 

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UPDATED:  SEPTEMBER 2015

Dennis William Newall has had his sentence slashed on appeal. The Court of Appeal reduced his prison term from

13 years to 11 years, imposing a new non parole period of nine years.

 

UPDATE:  FEB 2015

Dennis Newall was jailed by County Court judge Frank Gucciardo on Friday for 13 years with a non-parole period of 11 and a half years. He was also placed on the sex offenders register.  He was previously jailed in 2002 for eight years for kidnapping and raping another sex worker on November 30, 2011

 

http://www.news.com.au/national/women-attacked-using-homemade-raping-machine/story-fncynjr2-1227201982776

Women attacked using homemade ‘raping machine’

January 30, 2015 11:57AM

A VICTORIAN truck diver kidnapped two prostitutes and forced them into his live-in bus where he kept a homemade “raping machine”, a court has heard.

Serial sex offender Dennis William Newall is in jail for raping a backpacker in WA about four years ago, and was also sentenced to eight years prison in 2002 for raping a Melbourne sex worker.

The 56-year-old pleaded guilty on Thursday to kidnapping and raping two more St Kilda prostitutes on separate occasions in November and December 2001.

Both women thought they were going to die after Newall enticed them into his car, covered their heads and took them to his converted bus at Brooklyn, the Victorian County Court heard. Newall kept a wooden cross-like structure on the bus and told one woman it was a “sex machine” and he was planning to add a mechanical arm to it.

He asked one of his victims to “rate his performance” after raping her, and later requested her phone number.

The court heard Newall forced his son, then 17, to help carry out one of the kidnappings.

His teenage son got in the boot of Newall’s car and leapt out to place a pillowcase over the woman’s head while she was in the back seat.

An unknown man was involved in the other kidnapping.

The women, who were aged 20 and 27 at the time, did not go to police about the attacks until recently.

Newall told one victim “no one would believe a junkie whore” like her, she told the court.

Both women said they remained traumatised by what he had done. One referred to his wooden, cross-like structure as a “raping machine”.

“I couldn’t wrap my head around the sadism and depravity needed to build such a machine,” she told the court.

All three Melbourne-based attacks took place within about a month, crown prosecutor John Livitsanos told the court.

Defence barrister Shaun Ginsbourg said Newall had developed remorse over his behaviour.

He will be sentenced at a later date.

 

http://www.theage.com.au/articles/2002/12/11/1039379882084.html

Prostitute rapist gets eight years

December 12 2002
By Olivia Hill-Douglas

A man who raped a prostitute after kidnapping her with his 17-year-old son told the woman during her ordeal that if she complained she would “know how nasty” he could be, a court heard yesterday.

Dennis William Newall, 44, formerly of Deer Park, was sentenced to eight years’ jail yesterday for what County Court judge Leslie Ross called his “hare-brained and wicked” conduct. He will serve a non-parole period of six years.

The court heard that on November 30 last year, Newall drove to St Kilda with his son, Aaron Jason Newall, then 17, in the boot, and picked up a prostitute. She reluctantly agreed to go to Albert Park after Newall told her he preferred that location.

Once there, Aaron Newall got out of the boot. The woman was driven to a truck depot in Brooklyn, where Dennis Newall worked. During the drive, Dennis Newall told the woman: “If you whinge I’ll make it hard for you – then you will know how nasty I can be.”

Dennis Newall took the woman into a bus that had been converted into a residence and raped her three times.

In an earlier court hearing, the court was told that Dennis Newall had pointed to a home-made, wooden, crucifix-like structure and told the woman that he was building it to use on the next girl.

The court was told that Aaron Newall, 18, of Shepparton, had taken part in the kidnapping at the behest of his father.

During his record of interview, Aaron Newall told police that he had gone along with his father because he believed that his father was getting even with a prostitute who had “ripped him off”.

Dennis Newall pleaded guilty to kidnap, rape and theft. Aaron Newall pleaded guilty to kidnapping.

Judge Ross said that the lengthy prison sentence imposed on Dennis Newall should reflect the “appalling gravity” of his conduct.

Aaron Newall was sentenced to 18 months’ imprisonment for his role in the kidnapping. The term was wholly suspended for two years. Judge Ross ordered the forfeiture of the wooden, crucifix-like structure.

 

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