Posts Tagged ‘Warrnambool Magistrates Court’

Warrnambool’s Victor Campbell fined after breaching obligations of sex offenders’ register


22 Aug 2016, 1:18 p.m.

A music industry consultant has been fined $400 after breaching regulations of being on the sex offenders’ register.

Victor Campbell, 66, of Thomas Place in Warrnambool, pleaded guilty in Warrnambool Magistrates Court to being a sex offender engaged in child-related employment.

Magistrate John Lesser told Campbell the sex offenders’ register involved strict requirements and he had breached them.

Mr Lesser convicted and fined Campbell $400 but warned him the matter would become more serious if he returned to court.

Police said Campbell was placed on the sex offenders’ register for eight years after appearing in court in 2009.

He had the many obligations of being on the register explained to him in May last year during a review including that he had to report any contact with children.

The court heard that Campbell provided tuition across three sessions to a teenage girl.

The sessions occurred between August 25 and November 12 last year at the girl’s house while her parents were at home.

The girl and Campbell were in a room alone during the tuition.

Campbell said in a police interview he now better understood the obligations of the register and it never occurred to him that he was breaching the rules.

Defence counsel Matt Senia said the girl’s father contacted Campbell about providing tuition. He said nothing happened between Campbell and the girl.

Mr Senia said Campbell had experienced success within his career.

He worked as a youth guidance officer for a number of years and in 1987 had his own Christian music program on ABC radio.

He then worked in the United States and one artist under his guidance won a Grammy award. In 1999 he returned to teaching but in 2008 was involved in an incident with a teenage girl he was counselling.

Mr Senia said his client made a “terrible error of judgement” which led to him being placed on the register.

“That was the end of his teaching career,” Mr Senia said.

Campbell moved to Warrnambool 18 months ago to be closer to his daughter and his grandchildren.

As well as being involved in Warrnambool’s Aus Music Festival committee in the past, Campbell has been a music industry consultant.





Hamilton district man to spend eight months behind bars

Clare Quirk and Andrew Thomson
31 Mar 2017, 2:30 p.m.

A Hamilton district man who strongly encouraged a teenage girl to send four intimate images of herself has been jailed.

Mark Stephen McLellan, 48, pleaded guilty in the Warrnambool Magistrates Court to procuring a child to make child pornography and possessing child pornography.

McLellan was sentenced to eight months jail and will be placed on the sex offenders register for 15 years.

Magistrate Cynthia Toose said McLellan engaged in sexualised conversations with the victim which Ms Toose understood to be a form of grooming.

She said victim impact statements from the mother of the victim and the victim demonstrated how the offending would have long and lasting impacts on both of them.

Ms Toose said it had been submitted by McLellan’s defence counsel that time in custody would impact on his poor health and the health of his wife.

She said specific deterrence was a significant factor in sentencing, particularly to any young people who were misguided and sent intimate images to one another.

She said McLellan behaved for his own sexual gratification and the victim was manipulated so he could meet his own needs.

Ms Toose said the court needed to send a message to young people and others that this type of conduct would not be tolerated.

The maximum penalty for each offence is two years’ imprisonment.

In a separate hearing a Hamilton man who slapped his partner’s face as hard as he could was placed on a community corrections order.

Ben Khawli, 31, of Norma Avenue, pleaded guilty in the Warrnambool Magistrates Court to unlawful assault, breaching an intervention order and having a homemade firearm.

On Friday he was placed on a 12-month community corrections order, ordered to do 120 hours of community work and jailed 16 days, which he has already served.

Ms Toose said she hoped he would embrace the opportunity for rehabilitation.

The court previously heard that on the morning of February 27 Khawli and the victim argued over relationship issues, it became heated and he punched a hole in a door.​

On March 16 the couple had another confrontation about relationship issues and Khawli said he slapped the woman as hard as he could. Police arrested him and a search located one gram of cannabis and a home-made metal firearm.

Defence counsel Belinda Northey said the firearm was similar to an orange gun and was to be used to fire out fishing sinkers and hooks while fishing. She said it was not operational.

Foster father convicted of indecent assault


Aug. 8, 2014, 4 a.m.

A FOSTER parent who indecently assaulted a child in his care has been convicted and fined $5000.

Gordon Attrill, 62, of Mitchell Street, Warrnambool, faced Warrnambool Magistrates Court on a single count of indecent assault against the young woman.

Attrill pleaded guilty on Wednesday after contesting the charges in June this year.

Magistrate Ron Saines told the accused he betrayed the trust of a vulnerable child entrusted into his care.

“This was a breach of trust upon a vulnerable child who was entitled to your trust and protection,” Mr Saines told the accused.

The court heard that in June last year Attrill touched the girl in her bedroom while his wife and foster mother to the victim was away.

In a victim impact statement read out to the court, the girl said she had been forced to move home and change schools after the offence.

“I cried a lot and I get really upset about what Gordon did … Gordon was meant to look after me, not hurt me,” her statement said.

The victim also has an intellectual disability, further aggravating the charges.

Police prosecutor Senior Constable Paul Harris urged the court to impose a prison sentence.

“It’s open to the court that it was not a spontaneous offence. It’s open to the court that the accused knew exactly when his wife would be away and took the opportunity when it arose,” Senior Constable Harris said.

During contest mention defence counsel for Attrill claimed the victim had made up the story.

On Wednesday defence counsel Michael Turner argued the offence was a low-level assault and said Attrill had no prior criminal history.

“It was an isolated incident. The offence itself was spontaneous. There was no planning. We would say it was totally out of character,” Mr Turner said.

He said Attrill and his wife had cared for foster children for 27 years.

“They have cared for more than 60 children over that period of time. His previous good character has been compromised by this offence,” he said.

In his sentencing remarks, Mr Saines noted Attrill’s plea of guilty came “only at the end of the prosecution case … and that involved the cross-examination of vulnerable witnesses”.

Attrill will be placed on the sex offenders’ register for eight years.




Location:  Ararat VIC – Penshurst / NSW – Was living in the Cairns / QLD area in 2006.

Offence:   Pleaded guilty in the Warrnambool Magistrates Court to five counts of indecent assault.

Another four charges were withdrawn.

Sentence:  Magistrate Michael Stone sentenced Ryan to serve 18 months in jail, with a non-parole period of 12 months.

Other:  See below

Ararat family seeks justice for son, brother sexually abused by priest

The actions of Father Paul David Ryan ripped the family of his victim Peter Watson apart. Now Peter’s brother, Mick, wants other victims of the former Ararat priest to come forward.

Mick and Peter Watson were raised as Catholics and attended a Catholic secondary school in Ararat, Marian College.

“It was just a normal childhood out on the farm. We played sport, did all the usual things,” says Mick.

That was until 1991, when a relatively young priest arrived at the school. He “wasn’t a stereotypical priest”, and a lot of the kids got on well with him. One of those who became friendly with Father Paul David Ryan was Peter.

Ryan invited Peter to spend the night at the parish house and it was there that he abused the 16-year-old. Almost overnight, Peter changed from a confident and popular student into “the complete opposite”.

“He had no pride in himself, he lacked self-esteem.”

Over the years, Peter turned to drugs and alcohol, and struggled to settle down.

“He’d get his life on track, he’d seem as though he was doing okay, then it would all fall in a heap and he’d be back to square one.

“It was a little bit of a mystery for a while, and then he confided in mum and dad. It answered a lot of questions about his behaviour.”

Peter’s parents were supportive and encouraged him to go to the police, but he said he couldn’t.

In March 1999, Peter drove to Ballarat and admitted himself to a psychiatric ward. After being assessed, he left and didn’t go back.

“And that was the last time he was seen.”

That was until October that year when his body was found in a bathing box in Melbourne. He had hanged himself.

But the torment for the Watson family didn’t end there. Peter’s body was buried in an unmarked grave and wasn’t formally identified and returned to Ararat until six years later.

Since his death, Peter’s parents have sought justice for their son. But the police said it would be difficult to prosecute the case since Peter was dead.

In 2006, Ryan was finally convicted of indecent assault for two other offences and spent a year behind bars. That same year, the Ballarat Bishop wrote Peter’s parents a letter, apologising on behalf of the church.

During the Victorian Parliamentary Inquiry into clergy sexual abuse, Peter’s mother, Helen, told her son’s story.

Now that the Royal Commission into Institutional Responses to Child Sexual Abuse is underway, Mick wants other victims of Paul David Ryan to come forward. He wants justice for his brother and wants Ryan to admit to his brother’s abuse.

“I think it would be naive to think there aren’t more victims of this priest out there. It might really help some of these people get on with their lives.

“I know how hard it is, and I know what it does to a family and to an individual.”

The ABC’s Steve Martin spoke with Mick Watson.

You can contact the Royal Commission via its website or call Crime Stoppers on 1800 333 000 if you have information.


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Warrnambool man jailed over child porn charges

Posted October 10, 2008 16:15:00

A 29 year old man charged with child pornography offences has been jailed for a year.

Warrnambool man Linton John Milne had pleaded guilty to one count each of possessing and producing child pornography.

The Warrnambool Magistrates Court was told a police search of Milne’s house in May this year found a hard drive and a CD containing about 38,000 images of child pornography.

The court heard there was also about 60 hours of video footage showing children being sexually abused.

In sentencing, Magistrate Ian von Einem said there had to be a deterrent for others who downloaded child pornography and created a demand for such material.

Milne was sentenced to 12 months jail with a non parole period of four months.

Ex-lifesaver’s massive child porn stash

  • Andrew Thomson
  • October 7, 2008 – 11:25AM

A magistrate was left shaken yesterday after viewing a sample of the massive child pornography stash  – some containing images of girls as young as two – collected by a former award-winning surf lifesaver.

Linton John Milne, 29, of  Warrnambool, collected 38,900 child pornographic images and about 60 hours of video footage, Warrnambool Magistrates Court heard yesterday.

After viewing a sample of the material collected by Milne – who used his father’s credit card to buy child porn images – Magistrate Ian von Einem told the court it was difficult to think how the victims would ever recover.

“It must send shivers up the back of every parent,” he said.

Mr von Einem remanded Milne, who pleaded guilty, in custody until sentencing on Friday.

Detective Senior Constable Matt Laxton, of the Warrnambool Criminal Investigation Unit, said the images and footage involved girls as young as two.

He said the only material that could be worse was death “snuff” movies or footage of serious physical injuries.

Detective Senior Constable Laxton said a dog was also involved with a female in the material which he described as graphic and explicit.

Warrnambool police went to Milne’s home on May 6 where they found 22,000 child pornography images on a computer, 16,900 images on a disc and 60 hours of movie footage.

The court heard Milne had been downloading images since 2002 when he used his father’s credit card to buy child pornography.

In August last year Austrian authorities passed on information to Australian police after an international investigation.

Milne had previously been mentioned by international authorities but no action had been taken.

During a Warrnambool police interview after child pornography was seized, Milne admitted to possessing and downloading material.

Milne’s only prior court appearance involved making a counterfeit $50 note for which he received a good behaviour bond during 2001.

Milne yesterday pleaded guilty to possessing and producing child pornography.

The producing charge related to downloading the images onto a disc.

Defence counsel Tony Robinson said the court appearance had seen Milne plunge into depression, think about suicide and the use of drugs.

He said Milne had only paid for child pornography a couple of times.

He said it was difficult to imagine how someone with an almost unblemished record could now be facing time in jail.

Mr Robinson said that child pornography was now far more accessible via the internet and there had been an explosion of cases before the courts.

Mr Robinson said a period of imprisonment was appropriate, but that the term should not be served immediately.

Mr von Einem said the offending was serious and he found the material distasteful and harmful.

He said he wanted to look at Supreme Court cases before he sentenced Milne on Friday.


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Portland sex offender in custody after refusing to obey register conditions


22 Aug, 2011 12:00 AM

A PORTLAND sex offender who refuses to obey the conditions of being on the sex offenders’ register has been remanded in custody for another fortnight to work out his legal options.

David Allan Liebelt, 51, of Arthur Street, appeared in the Warrnambool Magistrates Court last week to apply for bail.

He has been charged with three counts of failing to abide by conditions of the sex offenders’ register.

After hearing a bail application, Magistrate Jonathan Klestadt decided to further remand Mr Liebelt in custody until August 30.

Mr Liebelt has already spent a month in custody after being arrested in Portland.

The court heard that on January 12 this year in the Geelong Magistrates Court Mr Liebelt received an eight-month jail sentence which was suspended for two years after he committed an indecent act with a child under 16 years.

He was also placed on the sex offenders’ register and as part of those conditions had to report to police within seven days.

On February 24 he attended the Hastings police station but refused to answer questions or provide details .

Mr Liebelt was bailed to appear in the Frankston Magistrates Court on April 13 but failed to appear and a warrant was issued for his arrest.

In mid-July Portland police arrested Mr Liebelt at his mother’s Arthur Street home. She said he had been staying with her for a couple of months. A police officer involved in the case fears Mr Liebelt has no intentions of complying with the requirements of the sex offenders’ register and is in denial about being on the register.

Mr Liebelt told the court he wanted to make a clean start and did not believe he should plead guilty to something he didn’t do.

He said reports had found he was not a predator or paedophile .

“I’m no trouble to society. It was a huge mistake on my behalf,” Mr Liebelt said.

Mr Klestadt said the accused man had to abide by the legislation but had demonstrated a lack of understanding about those requirements.

“I’m not satisfied that if you were released on bail there is a reasonable chance you would turn up in court ,” he said.


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Cobden farmer caught with child porn images

8/10/2008 10:37:00 PM

A COBDEN dairy farmer and father of three has indicated he will plead guilty to possessing child pornography.

Stephen Hussey, 31, of Clarke Street, came to the attention of Queensland police in January when 70 images known to contain child pornography were detected on his computer.

Warrnambool Magistrates Court yesterday heard the covert police taskforce identified the 14 video files and 56 still images through LimeWire.

The file-sharing program allows users all over the world to access files stored on other users’ computers.

Mr Hussey’s home was raided by Colac police on May 18 and his computer and an external hard drive were seized.

Police prosecutor Senior Constable Paul Harris said Mr Hussey admitted possessing the files which included images of naked children in sexually suggestive poses and performing sexual acts.

Mr Hussey admitted he had a problem with young children, which tended to get worse during times of stress, Senior Constable Harris said.

A police assessment of the computer hard drive showed the images had been downloaded in the previous four years and viewed regularly.

But Mr Hussey’s defence counsel, John Werner, said his client believed he had deleted the files some years ago but that he “didn’t do a very good job of it”.

Mr Hussey ran a large dairy share farm near Cobden, Mr Werner said.

While Mr Hussey had three children with his partner, who was in court, the children had been removed and now lived with their grandmother in NSW.

Magistrate Ron Saines said the images were of a “grossly offensive and objectionable nature” and involved children of a “very, very young age”.

He said Mr Hussey’s sentence would most likely exclude a term of imprisonment but would involve an intensive corrections order and his listing on a sexual offenders’ register.

Mr Hussey’s bail was extended on the condition he report twice a week to Colac police station and stay 100 metres away from schools, kindergartens and playgrounds.

A psychiatric report will be prepared ahead of a further hearing on November 27.