Posts Tagged ‘Wangaratta Magistrates Court’


 

 

Age:  52  ( 2018 )

Location:  Wangaratta,  VIC

Offence:  Filmed teenage girls through a bathroom window during a long-running stalking spree between December 2014 and February 2016.

Sentence:  Six months in jail. To undertake a community corrections order upon his from custody.

Other:  Norman had been a family friend of the victims. He was found with more than 720 photographs of the victims showering following a raid at his house.

 

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Picture: Dani Gawlik

http://www.ntnews.com.au/article/2008/10/31/13015_ntnews.html

No more jail for sex act teacher

PHOEBE STEWART

October 31st, 2008

A TEACHER who indecently dealt with a Northern Territory student will not serve any more time behind bars after winning an appeal for a fully-suspended sentence.

Teacher Paul Incani, 40, disguised his 16-year-old student in sunglasses and a cap for a secret meeting at Lake Alexander, where he “dry humped” her, made her take off her bikini top and indecently touched the teen, a Supreme Court judge said.

The teacher only stopped his indecent actions when he was “interrupted by the sound of children’s voices nearby”.

Handing down his decision yesterday, Justice Dean Mildren said the schoolgirl had detailed her suffering in a “very dramatic and emotional” manner.

“The emotional language of the victim impact statement indicates that the feelings of pain experienced by the victim are deeply felt, but is also an indication of exaggeration,” Justice Mildren said.

He said her feelings of “self-loathing” and “sense of rage” could be attributed to Incani’s offending, which had “exacerbated” the kind of reaction “one would normally expect” from a “romantic” break-up.

The teen read her victim impact statement to the Darwin Magistrates Court in July, in which she said the incident had “ignited a loathing for my body” that made her want to “scratch off her skin”, leaving her with 27 self-inflicted scars and daily panic attacks.

And she had “wanted to die”.

Incani spent 10 days in custody after his arrest last year, but after pleading guilty he immediately launched an appeal against his 15-month jail sentence, which required three months behind bars at Berrimah prison.

But Melbourne-based Incani was not in court yesterday when Justice Mildren said the teacher was entitled to a 30 per cent discount for his plea and remorse, slashing his sentence to a fully-suspended nine month term.

Justice Mildren said magistrate Greg Cavanagh had erred in finding that Incani had conducted a “planned and sustained seduction” of his student.

The judge said there was no seduction and the facts of the case – including intimate text messages Incani sent to her since she was 15 – showed nothing other than a “willingness” by the “child” who was as “romantically involved” with Incani “as he was with her”.

He said Incani probably wanted the girl to disguise herself because he “must have known” their relationship was “foolish and improper”.

“(He) was very much in love with the child and wanted to meet her in a semi-private fashion,” Justice Mildren said.

 

http://www.ntnews.com.au/article/2008/10/20/10605_ntnews.html

Teen sex victim drama queen, says lawyer

PHOEBE STEWART

October 20th, 2008

A 16-YEAR-OLD girl who publicly declared a teacher destroyed her life by coercing her to perform sexual acts has been labelled a “drama queen” by a lawyer in the Northern Territory Supreme Court.

And Judge Dean Mildren said he found parts of the schoolgirl’s victim impact statement – which she read out to the Darwin Magistrates Court in July – “over the top”.

In her three-page statement, the teen victim said an incident where she was “dry humped” and indecently touched by her former 40-year-old teacher Paul Incani had “ignited a loathing for my body” that made her want to “scratch off her skin”, leaving her with 27 self-inflicted scars and daily panic attacks.

“I have stayed alive when I wanted to die,” she said.

Justice Mildren made the comment during Incani’s appeal against his three-month jail term for indecently dealing with the girl beside Lake Alexander with the “sounds of children’s voices” at a nearby playground. Defence lawyer Robert Richter, QC, told the judge he had written the words “drama queen” when reading her statement.

Mr Richter said sentencing magistrate Greg Cavanagh had erred in labelling Incani’s act a “planned and sustained seduction”, and the teacher’s 15-month partly-suspended jail term – which included three months of actual imprisonment – was manifestly excessive. Incani pleaded guilty to indecently assaulting the teen in July.

He began teaching the girl when she was 15 and the pair sent “intimate” text messages when he moved to Tasmania.

She relented to his requests to send pictures of her in lingerie, and when he returned to Darwin in May 2007, he disguised her in sunglasses and a cap for a secret meeting at Lake Alexander, where he made her strip into bathers, lie half-naked on his back and indecently touched her. Mr Richter said the incident was an “evolution of a friendship” and could described as “pashing on”. Justice Mildren reserved his decision.

 

http://www.ntnews.com.au/article/2008/07/12/4651_ntnews.html

Sex attack teacher gets 3 months jail… but walks free on bail

PHOEBE STEWART

July 12th, 2008

A FAMILY friend of a teenage student indecently assaulted by her teacher called out “not enough” as the man was jailed for three months yesterday.

And 40 minutes later the 40-year-old teacher was bailed by Darwin’s Chief Magistrate after he lodged an appeal against the sentence to be heard in the Supreme Court.

Melbourne-based teacher Paul Incani, who pleaded guilty to indecently dealing with the teenage Darwin student, proceeded to “dry hump” the girl at a popular picnic spot, indecently touch her and make her lie semi-naked on his back.

Magistrate Greg Cavanagh — who adjourned the matter overnight to consider the teacher’s fate — said he was “satisfied” he had breached his special relationship with his student, given the teacher had disguised the girl in sunglasses and a hat for a secret liaison at Lake Alexander last year and sent her intimate text messages.

“This was a planned and sustained seduction by a mature adult of a young lady,” Mr Cavanagh said.

“It was not something that was on the spur of the moment … (and) not something that was incidental to an innocent arrangement.

“To suggest otherwise is fanciful.”

He said the man’s crimes were serious as they were not “just a passing caress”.

And the teacher’s “great affection” for his student had destroyed his teaching career, with his name to be placed on the national sex offenders register.

“I’ve got no doubt that (he) knew he was doing the wrong thing but couldn’t resist the temptation,” he said.

He said the teacher’s actions had an “ongoing impact” on the girl, who yesterday publicly spoke of her despair and spiral into self-harm.

Mr Cavanagh said the teacher’s behaviour should be “denounced” as “outrageous”.

“He was entrusted with the tutoring by the young lady’s parents at home. He’s betrayed their trust and the community’s trust,” he said.

He sentenced the teacher to 15 months jail, suspended after three months.

The maximum penalty is eight years jail.

As Incani was led out of court, a family friend said “have a nice time”.

But his lawyer Peter Elliott lodged an immediate appeal, and chief magistrate Jenny Blokland granted him bail on strict conditions to return to Melbourne with his father.

Incani showed no emotion nor made any comment as he left court. He is expected to appear in the Supreme Court later this year.

 

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