Posts Tagged ‘Warrnambool County Court’

Tyrendarra man pleads guilty to underage sex charge

Andrew Thomson

23 Aug 2012, midnight

A TYRENDARRA man who admitted having sex with a 15-year-old girl in 1997 has been told he is fortunate to not be serving an immediate term of imprisonment.

Andrew Simon Montgomery, 38, of Princes Highway, pleaded guilty in Warrnambool County Court on August 10 to one charge of sexual penetration of a child aged under 16 years.

Sentencing was adjourned until yesterday so Judge Mark Taft could get sentencing statistics from the time of the offence.

Judge Taft yesterday said that after anxious consideration and some misgiving he had determined to hand down a wholly suspended jail sentence. He sentenced Montgomery to two years’ imprisonment but suspended the jail term for three years.

Judge Taft said the substantial delay, withdrawal of the complaint and revitalisation of the police investigation and Montgomery’s guilty plea were all significant factors. He told Montgomery that he hoped he took notice of the chilling account of the victim tendered to the court through the victim impact statement.

“She should not have had to go through that experience. You can consider yourself fortunate that you are not going to jail today,” he said.

Judge Taft said the victim’s statement was a distressing document and the impact of the offending had been profound.

The woman said in the statement she had sought much help from medical professionals after spending about 10 years trying to bury herself in alcohol and drugs.

She said she would not wish what had happened to her on her worst enemy and that she never wanted anyone else to be Montgomery’s victim.

Montgomery was also placed on the sex offenders’ register for 15 years.


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Vic man preyed on girls during games

June 20, 20171:11pm

Rick Goodman Australian Associated Press

A Victorian man who preyed on his young victims while playing games like “Doctors” and “Simon Says” has been jailed for six years.

Douglas Povey, 71, indecently assaulted three girls in a small country town in Victoria between 1975 and 1990 when they were only seven, 10 and 11.

In his sentencing on Tuesday, Victorian County Court Judge John Jordan described Povey’s crimes as “opportunistic and predatory”.

He took advantage of one girl while she was home alone, and another he lured into his own home before molesting her.

“You engaged her in a game of ‘Doctors’,” Judge Jordan said.

“You took her into the bedroom under a pre-text that you wanted to show her something.

“The offending was only interrupted by an unexpected visitor turning up in a vehicle.”

He told one of his victims “not to tell anyone” about what happened and said no one would believe her anyway.

Povey tried to pull another girl’s pants down during a game of “Simon Says” but she forcefully resisted.

Two victims delivered powerful statements in court, speaking of the suffering they endured and their resilience in the face of trauma.

“He took from me all that was good and safe,” one woman said in her victim impact statement during a sentencing hearing.

“The events of that night never left my mind.”

But the woman said she has “grown strong with age”, finishing with a well-known quote.

“The devil whispered in my ear: ‘You are not strong enough to withstand the storm’,” she said.

“Today I whispered in the devil’s ear: ‘I am the storm’.”

The judge said Povey had shown no remorse and had poor prospects for rehabilitation.

Povey was found guilty of six counts of indecent assault in 2017 after two jury trials in the County Court in Warrnambool.

Already behind bars for similar crimes, he was sentenced on Tuesday to a further six years with at least four years and six months to be served in jail.

Povey was tied up and beaten in his home by two men seeking revenge for a boy he sexually assaulted in 2013.

The vigilantes were found guilty of several charges but spared jail.

Povey will be eligible for parole in February 2023.

‘I am the storm’: sex victims defy abuser

Rick Goodman – AAP on June 16, 2017, 4:17 pm

Two Victorian women who were sexually abused as children have spoken of the suffering they endured – and the strength they now have as adults.

They were aged just seven and 11 when they were indecently assaulted by Douglas Povey in the 1970s and 80s in country Victoria.

The 72-year-old pedophile was found guilty in 2017 after two trials in the Victorian County Court.

The women spoke at Povey’s plea hearing on Friday, saying he stole their innocence but they haven’t let him ruin their lives.

“You reach a point when you realise you were only seven, an innocent child who was victimised and terrorised at the hands of a disgusting man,” one woman said in her victim impact statement.

“An innocent child who has grown into a strong woman despite this horrible trauma.”

She experienced flashbacks and nightmares after the abuse and later depression, anxiety and post-traumatic stress.

It was too confronting to talk about with family and friends, so she carried her burden alone.

“Not because I am ashamed but because I don’t want them to have to listen to the trauma,” she said.

The other victim, now in her early 50s, said she grew up in a town in Victoria’s west where kids felt safe walking to school alone.

But that changed after she was preyed on by Povey when she was home alone.

“He took from me all that was good and safe,” she said in her statement.

“The events of that night never left my mind.”

But the mother and wife said she has “grown strong with age”, finishing with a well-known quote.

“The devil whispered in my ear: ‘You are not strong enough to withstand the storm’,” she said.

“Today I whispered in the devil’s ear: ‘I am the storm’.”

Povey, who is in jail for other sex crimes, will be sentenced on six counts of indecent assault later in June.

In 2013, Povey was tied up and beaten by two men seeking revenge for a boy he sexually assaulted.

The vigilantes were found guilty of several charges but spared jail.



A man who robbed & bashed Povey has received a suspended jail sentence. He pleaded guilty in the Warrnambool County Court to burglary, intentionally causing injury, false imprisonment & robbery. He was jailed for two years & nine months but that sentence was suspended for three years. Povey suffered minor injuries & was hospitalised & then placed in an aged care facility. A doctor noted that Povey struggled with psychological trauma after the assault & suffered flashbacks & anxiety.



Povey has been charged with an additional 10 sex abuse offences. The case has been adjourned until July 19.

Ex-Coleraine man jailed over child sex assault

Wed 27 Aug 2014, 11:23am

A 69-year-old man from south-west Victoria has been sentenced to at least four years in prison for the indecent and sexual assault of a person under 16.

Douglas Norman Povey, formerly of Coleraine, pleaded guilty to nine charges in the Warrnambool County Court over four incidents from 1988 to 1991.

In sentencing, Judge Mark Taft said Povey had tried to bribe the victim to keep quiet last year, by offering him more than $5,000.

Povey was sentenced to a total of six years in prison and will be registered as a sex offender.


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Kenneth John Aitken

Posted: August 24, 2014 by Serendipity in Victoria
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Heywood pensioner pleads guilty to 30-year-old child sex crimes


April 19, 2013, 4 a.m.

A HEYWOOD man who sexually abused children 30 years ago is being assessed to serve a residential care order.

Disability pensioner Kenneth John Aitken, 61, of Princes Highway, pleaded guilty in the Warrnambool County Court  to five charges, including indecent assaults of a girl and boy and three counts of gross indecency.

Crown prosecutor Justin Lewis alleged that Aitken was aged between 20 and 28 at the time of the offending. The girl victim was aged between three and four years old and the boy between four and eight.

Aitken was alleged to have assaulted the girl while she was in a bath. He also kissed the boy on the lips, touched him inappropriately and twice ejaculated on him.

Aitken warned the boy that if he told anyone he would be taken away from his family.

The court heard that Aitken had appeared in court during the 1990s for other sex offences committed after those to which he pleaded guilty yesterday.

The offences included charges of willful and obscene exposure, buggery and attempted buggery. He was not jailed for those crimes.

Defence counsel Michael Turner said Aitken clearly had a problem with his deviant sexual behaviour when he was younger. He said Aitken was mentally infantile and his thought processes childlike.

Judge Mark Gamble said Aitken knew he should not have touched the children as he did or he would not have warned the boy he would be taken away from his family.

“He seems to have had some appreciation,” he said.

He adjourned sentencing until July 15 for pre-sentence requirements for residential care, including a psychiatric report, to be completed.


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Brimble – Diane Marie - Photo

No appeal against sentence for ex-teacher who propositioned boy for sex

Thu 13 Nov 2014, 12:16pm

The Victorian Office of Public Prosecutions (OPP) will not appeal against the sentence given to a former teacher from south-west Victoria who propositioned a boy for sex.

Diane Marie Brimble, 47, was earlier this year found guilty of committing an indecent act against a boy.

The County Court jury found she hugged the boy and asking him to sleep with her.

The court heard Brimble became obsessed with the child and had his name tattooed on her chest.

Brimble also wrote letters to him declaring her undying love.

She avoided jail and was instead sentenced to a two-year community corrections order, including 200 hours of unpaid community service.

The jury acquitted Brimble of five similar charges.

The OPP has decided against appealing against the verdict or sentence.

Vic teacher on sex offenders register

October 9, 2014, 10:36 am

A Victorian primary school teacher who propositioned a 10-year-old student for sex has avoided jail but been ordered to complete 200 hours of community work.

Diane Marie Brimble, 47, of Hamilton, has been placed on a two-year community corrections order and will appear on the Sex Offenders Register for eight years after being convicted of committing an indecent act with a child under 16.

Hamilton teacher found guilty of indecent act with boy, aged 10


July 14, 2014, 12:23 p.m.

A HAMILTON teacher has been found guilty by a Warrnambool jury of committing an indecent act with a 10-year-old boy.

Mother-of-eight Diane Marie Brimble, 47, had pleaded not guilty in the Warrnambool County Court to six charges, including five counts of committing an indecent act with a child aged under 16 years and one count of using a telecommunications device to groom a child.

A Warrnambool jury returned verdicts just before noon on Thursday after deliberating for two days.

Brimble was found guilty of one charge and not guilty of five charges.

She was found guilty of hugging and kissing the boy and asking him to sleep with her to have sex.


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Peter James Rooks

Posted: April 27, 2014 by Serendipity in Victoria
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Rooks whose convictions were quashed has again been found guilty after a retrial. He was jailed for 11 years and three months with a minimum term of eight years and three months, less 944 days already served. He will be a registered serious sex offender for life. Judge Gamble also noted that Rooks would likely serve his sentence in protective custody.


Age:  46  –  2009

Location:  Werribee  –  Vic

Offence:  Found guilty of three counts of indecent assault, two of attempted sexual penetration, six charges of sexual penetration of a child under 16 with aggravating circumstances, two counts of committing an indecent act with a child under 16 and two charges of sexual penetration of a child under 16.

Sentence:   Judge Mark Taft sentenced Rooks to 14 years and six months in prison and ordered that the child abuser not be eligible for parole for 10

years and six months. Rooks’ name was also placed on the sex offenders’ register for life.

Other:  Victims were 4 girls aged under 16. The offences happened at Portland, Heywood and Cobram




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Aidan Leslie Lewis

Posted: December 17, 2012 by Serendipity in Victoria
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Sex predator groomed boy, 13, on Facebook and mobile phone


Sept. 15, 2012, midnight

A SEX predator pressured a 13-year-old boy he met on Facebook into taking and texting a naked photo of himself.

Details of the man’s attempts to “groom” the boy for sex emerged during a hearing in Warrnambool County Court yesterday.

Aidan Leslie Lewis, 26, of Findlay Street, Portland, pleaded guilty to using a communications service to groom a person aged under 16 years for sexual activity, using a communications service to have child pornography sent to him and two counts of accessing child pornography. He will be sentenced next week.

Judge Bill Stuart said the case was a classic example of the type of grooming  new legislation aimed to address. The offences were uncovered when the victim’s mother found a naked photo on her son’s phone. In a victim impact statement she said it was horrific to find her son had been the victim of such a predator.

The boy said he had been through emotional trauma, felt embarrassed and humiliated and his parents now had a hard time trusting him.

Police alleged that on May 25 last year the accused made contact with the teenager using the false account name of Aiden Ryan and began sending private messages through the popular internet social networking site.

Those messages were exchanged for three days before the defendant asked for and obtained the victim’s mobile telephone number.

Between May 28 and May 30, 228 text messages and two phone calls were exchanged.

Lewis told the victim he wanted to chat on the phone and get to know him better while inquiring about his hobbies, whether he lived with his parents and his sexual preferences and practises.

The defendant told the victim he had been hurt by younger guys and when assured by the victim he would not do so, Lewis said that was what the last guy said and that the experience had really hurt him.

He told the boy he had been used, lent money to people and now found it hard to trust anyone, although he said the victim seemed different.

Lewis told him he knew he was younger but it was hard to find the right people, saying he had mates who dated boys “heaps younger”.

He also told the victim he would like to take him out on a date, see a movie, have dinner and then hug and kiss him, saying he was a babe, spunk, a hottie, he had a cute smile and sounded hot on the phone.

The court heard that via the text messages Lewis repeatedly asked for explicit photos of the victim but when the boy became cautious Lewis turned the situation to his advantage and made it a trust issue. When the victim replied he may not have enough credit on his phone, Lewis transferred $5 to it.

The following day he again repeatedly asked for a “hot pic with pants off”. The victim took a photo of his genitals on his mobile phone and sent it to Lewis.

On August 11 police executed a search warrant at Lewis’ home and seized a mobile phone and three computers.

A forensic examination of the computers revealed 51 images and nine videos with the images ranking up to the most sexually explicit category. Most of the material was of child exploitation.

In an interview with police Lewis admitted there was probably child pornography on his computers and that he used a false Facebook account, but he couldn’t recall conversations with the victim or asking him to send photos.

Lewis answered “no comment” when it was put to him that his communications with the victim were as if he was developing a relationship, and when details of text messages suggesting they meet were read to him.

He told police he thought the victim was 16 years old and he didn’t know it was illegal to get someone to send an explicit photo.

Yesterday’s hearing was adjourned part-heard with Lewis expected to be


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Sex offender sentenced


11 Mar, 2011 04:00 AM

A WARRNAMBOOL man with an intellectual disability has been placed on a five-year intensive residential treatment order after pleading guilty to sex offences.

Timothy Stephen Leishman, 30, of Fairy Street, appeared in the Warrnambool County Court on five charges and pleaded guilty during October last year to one charge of committing an indecent act with a child under 16 and four counts of sexual penetration of a child under 16.

He was remanded in custody while reports were prepared with respect to his suitability for a treatment order in a facility of incarceration, treatment and rehabilitation for sex offenders with intellectual disabilities.

Mr Leishman has two prior convictions for indecent assault among a long history of offending.

On February 22 this year he was sentenced after County Court Judge David Parsons received reports.

Mr Leishman pleaded guilty to five charges, including sexual penetration of a child aged under 16 years, which came out of incidents in the Camperdown district during February last year.

The court heard Leishman moved to Warrnambool in 1995 and went to the special development school before attending TAFE in 1998 where he was involved in damaging a lift which cost thousands of dollars to repair.

He has since worked on variety of jobs including fruit picking, milking, motor wrecking and cutting firewood.

He also has seven children with five different women.

He has been classified as having an intellectual disability and has also been registered as a sex offender for life.

Experts assessed him as currently presenting a serious risk of violence to another person.


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