IN THE COUNTY COURT OF VICTORIA	 Revised
Not Restricted
Suitable for Publication	
AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS
(CTH)		
		
v		
		
OLIVER RAMAGE (a pseudonym)
		
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JUDGE:	HER HONOUR JUDGE CANNON	
WHERE HELD:	Melbourne	
DATE OF HEARING:	23 October 2023	
DATE OF SENTENCE:	24 November 2023	
CASE MAY BE CITED AS:	CDPP v Ramage (a pseudonym)	
MEDIUM NEUTRAL CITATION:	[2023] VCC 2192	

REASONS FOR SENTENCE
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Subject:			CRIMINAL LAW
Catchwords:			Sentence – pleas of guilty – Commonwealth offences – Use carriage service to transmit child abuse material (3) – Use carriage service to cause child abuse material to be transmitted to himself (1) – Possess and control child abuse material obtained and accessed using a carriage service (2) – State summary offences – Contravene conduct condition of bail (3) – Two separate Commonwealth Indictments – Two different periods of offending – Nature and content of offending depraved and explicit – Offending over an extended period with a degree of sophistication – Child victims from toddlers to teenagers – Offending for gratification and not for profit – Victim of sexual abuse as a child – Childhood deprivation – Major depressive episodes with generalised  anxiety – Unclear whether diagnosis of Major Depressive Disorder – Problematic alcohol abuse history
Cases Cited:			Bugmy v R (2013) 249 CLR 571
Sentence:			Convicted and sentence to Total Effective Sentence of 2 years and 11 months' imprisonment, to be released after serving 15 months' imprisonment in accordance with Recognisance Release Order – 275 days pre-sentence detention declared as having already been served as part of the sentence imposed – s6AAA Sentencing Act 1991 – SORA registration
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APPEARANCES:
	Counsel	Solicitors	
For the Commonwealth	Ms A. Ambesi	Commonwealth Director of Public Prosecutions	
			
For the Accused	Ms D. Dempsey	Victoria Legal Aid	

HER HONOUR:
1	Oliver Ramage, you have pleaded guilty on one indictment with reference ending 914 (to which I will refer as the 'first indictment') to two charges of using a carriage service to transmit child abuse material (which I will refer to as 'CAM' from time to time), one charge of using a carriage service to cause child abuse material to be transmitted to yourself and one charge of possessing or controlling child abuse material obtained or accessed using a carriage service.
2	Also, you have pleaded guilty to three State summary offences uplifted to this court of contravening conduct conditions of bail.
3	On a separate indictment, (which I will refer to as the 'second indictment' in matter ending 832,) you have pleaded guilty to one charge of using a carriage service to transmit child abuse material and one charge of possessing or controlling child abuse material obtained or accessed using a carriage service.
4	Also, you have pleaded guilty to three State summary offences uplifted to this court of contravening conduct conditions of bail.
5	The maximum penalty for each of the offences on the two indictments is 15 years' imprisonment, and the maximum penalty for the summary offences is three months' imprisonment in each case.
6	In sentencing you, I must have regard to the maximum penalties, as these reflect the seriousness with which Parliament regards each of the offences.
7	Also, there are various further offences to be taken into account when sentencing you, which are as follows.
8	There is a further offence of using a carriage service to transmit child abuse material to be taken into account in respect of Charge 1 on the first indictment, and a further offence of using a carriage service to cause child abuse material to be transmitted to self to be taken into account in relation to Charge 2 on the indictment.
9	You have also admitted guilt in relation to a further offence of using a carriage service to access child abuse material, which is to be taken into account in respect of Charge 2 on the second indictment.
10	In relation to the charges on the first indictment, I was told that between 18 September 2020 and 27 May 2021, you used your mobile phone to access an application known as 'Telegram' to engage in conversations or chats with other unidentified Telegram users.  During these, you and other users traded in CAM.  You also possessed CAM in encrypted folders with a Private Photo Vault application installed on the same device.
11	Telegram is a cloud-based encrypted instant messaging application where users can exchange messages, images, videos and other media.  In order to send or receive data using Telegram, a carriage service or Internet connection is required.
12	Private Photo Vault is an image gallery application that securely stores images and videos.  Images and videos stored within the application can only be accessed by inputting a password.  In addition, individual encrypted folders can be created within the application that are only accessible by inputting a second password.
13	On 29 April 2021, the Australian Federal Police (AFP) became aware of illegal online activity involving the transmission of CAM which were linked to a telecommunications service subscribed in your name.
14	On 27 May 2021, the AFP executed a search warrant at your residence.  You were present and took part in a record of conversation after being cautioned.
15	Your mobile phone was found in your bedroom.  You provided information which allowed police to access the phone and its applications.  When examined, police identified CAM within encrypted folders found within the Private Photo Vault application.
16	During the record of conversation, you confirmed that the phone belonged to you and you were the primary user, and that the email addresses associated with applications on the phone belonged to you.
17	You were arrested and taken to the local police station where you took part in a record of interview under caution.
18	In your record of interview, you said that:
(a)	you had spoken to police earlier that day regarding a Telegram account and chats identified in connection with that account, as well as encrypted folders located within the Private Photo Vault application;
(b)	in relation to the content of the Telegram chats and material found on the iPhone, you said that you 'got entwined with this sadistic group' and 'just hoped that the law could shut down all these chats to stop facilitating and aiding all this horrible stuff'.  When asked to clarify what you meant by 'horrible stuff', you said, 'People abusing and hurting other people just through pictures and videos';
(c)	you agreed with the statement that the children depicted in the CAM were victims and that they were victimised each time the material was shared.  You then explained that this is why you stopped and said, 'It must stop';
(d)	you said that you were disgusted with yourself and that you needed to see a psychologist to understand why you did what you did, referring to the Telegram chats.
19	You were charged and granted bail.
20	On 28 May 2021, you signed a 'consent to assume online identity' form pertaining to your Telegram account '@Caleb b00'.  This enabled police to take control of your account and examine what you had been involved in.  Your phone was forensically examined by police and a review of the Telegram chats identified six chats in which you, using the username to which I referred, discussed the sexual and/or physical abuse of children with other users and transmitted and received CAM in the form of images and video files.
21	An overview of the six offending chats is as follows:
(a)	Chat No.4:  this involved you and another participant referred to in the Opening as 'Deleted Account' whereby you and the other participant engaged in chats between 17 and 18 May 2021.  You transmitted six video files and received 13 files, comprising 12 videos and one image;
(b)	Chat No.6:  the other participant was called 'Adam Watson'.  You engaged in chats with this participant between 4 April and 10 May 2021.  You transmitted three image files to this individual;
(c)	Chat No.10:  'Sam Allen' was the other participant.  You engaged with this person between 3 January and 15 March 2021, transmitting one video file to this individual;
(d)	Chat No.15:  the other participant was referred to as 'Deleted Account'.  You engaged with this individual between 18 September and 23 December 2020.  You transmitted 45 files, comprising 39 images and six videos.  You received 52 files comprising 50 images and two videos;
(e)	Chat No.16:  the other participant was called 'Kindergarten' and was a group chat.  You engaged with the group between 8 and 10 October 2020, transmitting three video files and receiving 11 video files.  I was told that the reception of the 11 video files was not the subject of any charge but was referred to by way of context only.  Therefore, I do not sentence you in relation to the receiving of these 11 files;
(f)	Chat No.19:  the other participant again referred to by the prosecution as 'Deleted Account'.  You engaged with this person between 4 and 26 March 2020, transmitting two video files and receiving seven video files.
22	An extract of relevant portions of each of the offending chats was annexed to the summary of prosecution opening as Annexure A.  I have looked at these chats, and they make for most disturbing reading.
Chat 4, 'Deleted Account'
23	In relation to Chat 4, 'Deleted Account', I was told that between 17 and 18 May, you participated in a Telegram conversation with 'Deleted Account'.  As I understand, it was a term used to describe the other user, who had subsequently deleted their Telegram account, but I might not be right about that.  In any event, on 17 May, you requested to trade videos with the other user, who replied 'Yes', and 'I like boys and girls'.  Deleted Account then transmitted 12 videos and one image containing CAM, giving rise in part to Charge 2 on the first indictment.
24	At around midnight you responded, 'Mmm hot', to which Deleted Account requested that you send yours.  Between 12.02 am and 12.04 am on 18 May, you transmitted six CAM videos to Deleted Account, giving rise in part to Charge 1 on the first indictment.
25	The material depicted naked female and male children between the ages of two and 16.  Some of the material depicted children engaged in penetrative sexual acts with adults, sole masturbation and penetrative sexual activity between children.
26	I was told that it was estimated that there were at least 11 unique child victims depicted in the material transmitted during Chat 4.
Chat 6, 'Adam Watson'
27	In relation to Chat 6, where the other participant was referred to as 'Adam Watson', I was told that on 6 April 2021, you told Adam Watson that you were 'horny', to which Adam Watson asked what you were into.  You confirmed your interest in 'YNG', inferred to mean 'young'.  Adam Watson said he had 'not done YNG … yet' and confirmed his preferred age range was between one to 10.
28	On 10 April 2021, you said your preferred age range was between '1-12'.
29	You and Adam Watson then discussed whether you had ever sexually abused a child.  You said, 'Had a six and eight', 'Six I rimmed and suck', and, 'Eight the same but he also suck me'.  These remarks by you constitute CAM in themselves and give rise in part to Charge 1 on the first indictment.
30	You asked whether Adam Watson had ever masturbated whilst looking at CAM, to which he replied that he would if he had any.  You then transmitted a CAM image to him, giving rise in part to Charge 1.  The two of you then discussed using your tongues to penetrate the child depicted in the image – again, this aspect of your chat gives rise in part to Charge 1 on the first indictment.
31	On 4 May 2021, you responded to a prompt from Adam Watson from the previous day by transmitting two CAM images, again giving rise in part to Charge 1.
32	Between 5 and 7 May 2021, you and Adam Watson discussed the contents of the images and relayed sexual fantasies about the subject of an image.
33	On 10 May 2021, you said, 'Where can we find one hehe', and, 'Mmm I wish I knew'.
34	In the course of Chat 6, you transmitted three CAM images as well as
text-based CAM.  The transmitted images depicted naked male children between the ages of 10 and 16, with the focus on the anus and genital region of the child.  One of the images depicted a naked male child with the term
'8-year-old whore' written on his chest.
35	I was told that it was estimated there were at least two unique victims depicted in the CAM transmitted in the course of Chat 6.
Chat 10, 'Sam Allen'
36	In relation to Chat 10 where the other participant was referred to as 'Sam Allen', I was told that on 3 January 2021, Sam Allen asked you what age you liked, to which you replied, '5-17 and you?'
37	The next day, Sam Allen told you that he had been chatting to a 'pedo' and transmitted a non-CAM image.  You said, 'I have a few pics/vids too', and asked Sam Allen for his preferred age range.  Sam Allen said, '8-18 but 0+2'.  You confirmed you preferred 0+, mostly five to 16.  Sam Allen said he was masturbating, and you responded by transmitting a CAM video and asking, 'You like hehe', giving rise in part to Charge 1.
38	The video depicted a naked male child between eight and 10 years of age engaged in sexually provocative poses and hip thrusting.
39	There was one unique child victim depicted in CAM transmitted in this chat.
Chat 15, 'Deleted Account'
40	In relation to Chat 15 where the other participant was referred to as 'Deleted Account', I was told that at the beginning of the conversation comprising this chat, you asked Deleted Account, 'Age', and Deleted Account responded, 'Toddlers haha'.  You replied, 'Toddlers to about 8 hehe', and, 'Toddlers are hot'.  Deleted Account asked you, 'Swap some pics?' and you agreed.  Deleted Account then transmitted five CAM images, and you responded, 'He's one of my faves so cute', giving rise in part to Charge 2.  Deleted Account said, 'Yeah Lukas is adorable and has a huge cock for a toddler'.
41	You then transmitted four CAM images to Deleted Account, giving rise in part to Charge 1, and Deleted Account transmitted 10 CAM images to you.  You said, 'Fuck so suckable', giving rise in part to Charge 2.
42	In the course of the conversation on 18 September, you transmitted a further six CAM images and one CAM video, giving rise in part to Charge 1.  Deleted Account transmitted 27 CAM images to you, giving rise in part to Charge 2.  You discussed sourcing CAM, with you saying you used 'Kik groups' but that it was hard to find sometimes.  Deleted Account said he used the dark net, and you asked if he could teach you.
43	On 19 September 2020, you offered to meet Deleted Account at a hotel for 'a day or two of pedo fun'.  You then transmitted five CAM images, giving rise in part to Charge 1.
44	Deleted Account responded by sending 11 CAM images to you.  You commented, 'Mmm I love him too', and, 'Love boys piss', with a winky face icon, giving rise in part to Charge 2.  You then transmitted 10 CAM images – and that gives rise in part to Charge 1 – and shortly after this, a further seven CAM images.  Deleted Account stated, 'Young', and, 'Damn we need to do a toddler together'.  You said, 'Yes we do you'll have to find one hehe'.
45	On 23 September 2020, Deleted Account stated, 'We were looking at little pussies last night'.  You replied, 'Love boys dick and pink holes more but little pussies are hot too'.  Deleted Account then said, 'We just felt like giving toddler girls a go.  Hot seeing teens trying to impregnate them.  Back to boys now.  Watching toddler boys getting sucked to orgasm'.  This gives rise in part to Charge 2.  You responded, 'Mmm love watching toddler boys getting sucked', and transmitted a CAM image, giving rise in part to Charge 1.  You then transmitted a CAM video to Deleted Account, saying, 'Need a boy between us', with a winky face icon, giving rise in part to Charge 1.  Deleted Account stated, 'Yeah we do.  Nice to see that boy being thoroughly molested', giving rise in part to Charge 2.  Shortly after this, Deleted Account transmitted a CAM image to you and described wanting to perform oral sex on the male child depicted.  This gives rise in part to Charge 2 on the first indictment.
46	On 24 September 2020, you continued the conversation, saying, 'Oh fuck yeah what a pose', with various emojis with tongues protruding from their mouths.  You then said that you would love to pull off his underwear and suck 'his cute little cock and eat out his sweet little hole for days', and that was accompanied by some rather prurient emojis.  You said, 'Fuck I keep looking at his cute little bulge it's making me hard', then including a red demon face emoji.  You continued to discuss sexually abusing the male child with Deleted Account, with Deleted Account saying, 'I'll even settle for a baby.  Lay him on your face and suck him while I suck on you', giving rise in part to Charge 2.
47	Each of you discussed acts of incest involving children, and you said, 'Got a vid like that'.
48	On 25 September 2020, you transmitted a CAM video to Deleted Account, saying, 'There's the sister/bro vid I had a longer version somewhere'.  This gives rise in part to Charge – I think that gives rise in part to Charge 1.  Yes, Deleted Account then transmitted a CAM video to you, giving rise in part to Charge 2.
49	Shortly after this, you responded by transmitting three CAM videos and two CAM images to Deleted Account, giving rise in part to Charge 1.  Deleted Account transmitted a CAM video to you, saying, 'Here's a 2 year old being masturbated and sucked', giving rise in part to Charge 2.  You responded by saying, 'Mmm I need to find a toddler', with a smiley winky face emoji.
50	Over the course of Chat 15, you transmitted 41 files containing CAM to the other participant, consisting of 35 images and six videos.  Deleted Account transmitted 56 files containing CAM to you, consisting of 54 images and two videos.
51	The material depicted naked male children aged between two and 16 years.  Some of the material depicted children engaged in penetrative sexual acts with adults, solo masturbation, penetrative sexual activity between children, the humiliation of children with adult males urinating on them, and children bound and gagged.
52	At least 80 per cent of the material transmitted or received during Chat 15 depicted prepubescent children (toddlers).
53	The Crown estimated that there were at least 14 unique child victims depicted within the material.
Scheduled offences – schedule items 1 and 2
Chat 19, 'Deleted Account'
54	I now come to what was referred to as 'scheduled offences', schedule items 1 and 2, which is further offending which I take into account.
55	Pursuant s16BA Crimes Act 1914 (Cth), I take into account the matters relied on by the prosecution in relation to Chat 19, which was a chat between you and Deleted Account.  The chat occurred between 4 and 26 March 2020, where you told the recipient that you were into 'boys' and asked him if he was up for trading.  Deleted Account clarified that he was talking about child porn, and you responded that Deleted Account had posted 'nice boys' on Kik, saying that they were 'hot'.  You then asked if Deleted Account wanted to show you the sort of stuff that he had, and you said you would send some back to him, saying, 'So horny LOL'.  Deleted Account then transmitted a CAM video to you, and you replied, 'Yum need a boy sucking on mine', with a smiley face icon.  You said that you had some and would send some in a minute.  You asked what age he was into.  These matters are relevant to schedule item 2.
56	Deleted Account then said, 'Any age 14 and under', and transmitted a CAM GIF file (schedule item 2).  You commented on the GIF file, saying, 'Fuck hot so YNG and knows what he wants', with a smiley face icon, and you said, 'Love to suck his cute little cock' (schedule item 1).
57	You asked Deleted Account if he had played with any 'YNG before' with a smiley face emoji, and asked how old and what he did.  You then said, 'I have when I was 14 he was 7 we sucked and jerked and played', and that was followed with a smiley face icon (schedule item 1).  Deleted Account said, 'Not much I dare do I was 14 he was 8 just put my hand down his undies'.  You and Deleted Account continued to discuss Deleted Account's experience and Deleted Account transmitted a CAM video to you (schedule item 2).
58	After discussing sourcing CAM, Deleted Account sent another CAM video to you.  You then asked, 'Hey can I send you a vid?' and Deleted Account replied by sending a CAM video (schedule item 2).  You then transmitted a CAM video to Deleted Account (schedule item 1).
59	On 7 March 2020, you asked Deleted Account, 'Trade if you want', with a smiley face, 'Anything hot …' and, 'What u got'.  Deleted Account then transmitted two CAM videos, and you responded with the word 'yum' (schedule item 2).
60	On 26 March 2020, you transmitted a CAM video to Deleted Account but received no response (schedule item 1).
61	Over the course of Chat 19, you transmitted two CAM videos and text-based CAM to Deleted Account.  Deleted Account transmitted six files containing CAM to you, consisting of five videos and one GIF file.
62	The material depicted naked male children aged between five and 14 years.  Some of the material depicted children engaged in penetrative sexual acts with adults and penetrative sexual activity between children.  It is estimated there are at least six unique child victims depicted within the material.
63	The transmission of CAM by you to Deleted Account is schedule item 1, and I have taken it into account in sentencing you for Charge 1 on the first indictment.  The intentional receipt of CAM from Deleted Account to you is schedule item 2 and I have taken this into account in sentencing you for Charge 2 on the first indictment.
Charge 3 – use carriage service to transmit CAM
64	The basis for Charge 3 on the first indictment is that between 8 and 10 October 2020, you took part in a Telegram group chat titled 'Kindergarten' with a smiley face icon.  The Kindergarten group chat contained at least four members, including you, at all relevant times.
65	On 8 October 2020, you joined the Kindergarten group chat, and the exchanges between you and others were set out at paragraph 60 of the prosecution opening.  I incorporate the details of that into my sentencing remarks.  I have set the details out in my sentencing remarks, which reflect the prosecution opening.  I do not propose to read every detail out, but as I say, they will appear in my remarks.
66	However, it is evident that you logged in at an earlier stage of the conversation, and the transmissions occur within the group.  Ultimately, you send two CAM videos, one with a duration of 1 minute, 59 seconds and the other with a duration of 1 minute, 40 seconds.
67	On 9 October 2020, you transmitted a 47-second CAM video, but this is not the subject of a charge and, as I understand the position, has been relied on for the purposes of context only.
68	Between 9 and 10 October, other users of the Kindergarten group chat continued to transmit CAM videos to the group chat whilst you remained a member.
69	The basis for Charge 3 is your conduct in transmitting the two CAM videos on 8 October to the other members of the group chat.  Transmissions by other members before and after your transmissions are uncharged and relied on only for the purposes of context to your conduct.
70	The first video transmitted by you depicted a naked pubescent female child engaged in a penetrative sexual act with an adult male.  The second video depicted two naked prepubescent male children performing oral sex on each other.
Charge 4 – possess or control CAM obtained or accessed using a carriage service
71	I come now to Charge 4 on the first indictment, a charge of possess or control CAM obtained or accessed using a carriage service.
72	The basis for that charge is that on 27 May 2021, you possessed 754 images and 51 videos containing CAM within the Private Photo Vault application on your iPhone XS.  The files were created between 16 December 2019 and 19 October 2020.
73	The Private Photo Vault gallery is accessible by inputting the initial password used to access the application.  Within the application, there were additionally three encrypted folders that require input of a further password to gain access.  Two of those folders were named 'Boy' and 'To sort'.
74	The CAM material was within these two folders.  There were 750 images and 51 videos of CAM in the Boy folder and four images of CAM in the other folder.
75	The material depicted naked male and female children between the ages of two and 15 engaging in sexual activity, including children engaging in penetrative sexual acts with adults, children performing oral sex on other children, children engaged in penetrative sexual acts with other children and children bound by their hands and legs with gags in their mouths.
Other relevant evidence
76	Analysis of your phone identified a number of notes within the Notes application containing MEGA links and Tumblr profiles.  The notes were created between 17 June 2015 and 20 May 2021.
77	The names of the Tumblr profiles saved in the notes included names indicative of CAM, including 'BOYSINYOUNGBOY' and 'Little Boy Pete 7'.  The text of the MEGA links also contained references to CAM or were indicative of CAM, and the names of these various links were set out at paragraph 71 of the prosecution opening, and I have factored this in.
78	The content of the notes is relevant in explaining the context of your Telegram conversations in which you discussed sourcing CAM as well as your state of mind in dealing with and possessing the CAM.
Unrelated summary offending
Summary Charges 1 and 2 – contravene conduct conditions of bail
79	As previously stated, you were on bail for the original offending in respect of the matters to which I have just referred, ending 914.  Your bail was varied on 6 July 2021 [sic] in this court where you signed an undertaking to abide by conditions which included those set out at paragraph 73 of the amended prosecution opening.  However, two of the conditions were:
(a)	not to contact or communicate with your children by phone or text except when supervised by their mother and not to contact or communicate with your children in person unless supervised by one of four nominated supervisors;
(b)	not to access the Internet or any online service except as required for banking, utility services, medical purposes, employment, school and/or seeking legal advice, including by a third party.
80	On 8 September 2022, your bail was extended on the same terms and conditions.
81	On two separate occasions, being 23 September 2022 and 30 September 2022, your two children stayed the night with you at your residence without supervision.  Your unsupervised contact overnight with your children contravened the first bail condition to which I have referred and gives rise to Summary Charges 1 and 2.
82	Police were advised of your breach of bail conditions by Child Protection on 20 October 2022.  Child Protection were contacted by the children's mother to discuss amending the conditions of a protective agreement plan, which mirrored these bail conditions, so as to allow unsupervised visits. This was because the other nominated supervisors had limited availability to conduct supervision of your contact with your children, and it was difficult for their mother to provide all of the necessary supervision on her own.
83	In the course of these discussions, the children's mother told Child Protection that the two children had stayed overnight at your residence on two occasions over the school holidays without supervision.
84	You were subsequently charged on summons in relation to these breaches of bail on 20 December 2022.
Further offending – second indictment and third summary offence
85	I now come to further offending which is the basis for the second indictment and the third summary offence.
86	By way of background, on 21 February 2023, police received information regarding your conduct in contravention of bail conditions.
87	On 22 February 2023, police attended your workplace to conduct a bail compliance check.  You handed over your OPPO mobile phone (that I will refer to as the 'second phone') for inspection, as required by your bail conditions.  Before providing this, you were seen to unlock the phone and to attempt to hold your finger down on a white and red application, which was a 'Reddit' app.  You were told to place the phone on the desk.  You provided information to police in order to access information on the phone.
88	When police manually reviewed the phone, they observed the Snapchat and Reddit applications installed, with Snapchat logs dated 22 February 2023 and Reddit chatlogs between 30 July 2022 and 21 February 2023.  Police also identified CAM within the phone's file manager in a subfolder titled 'Telegram'.
89	Your OPPO mobile phone or second phone was seized, and you were arrested and taken to a local police station where you took place in a record of interview under caution.  You were charged and remanded that same day.
90	Your phone was forensically extracted and analysed as part of the investigation.  The analysis revealed the following:
(a)	the Snapchat application was downloaded and installed on 19 November 2021 and used between 19 November 2021 and 22 February 2023;
(b)	the Reddit application was downloaded and installed on 27 May 2022 and was used between 30 July 2022 and 21 February 2023.  Chatlog entries within that application include conversations of a sexual nature in which you requested sexual images or requested to move the conversation to Telegram;
(c)	the Telegram application was downloaded on 31 January 2023 and was used between 2 and 6 February 2023.
91	Web browser activity and Google searches relating to websites concerning sexual material, dating sites and chatrooms, Reddit, Imgur, Instagram, MEGA, Skype, video websites and recovery of an Apple ID between 31 December 2022 and 20 February 2023 were discovered.
92	At the time of engaging in this conduct, you were on bail in respect to the original offending in the matter ending 14 and on summons in relation to the bail offences to which I have previously referred.
93	As previously referred to, your bail conditions included a prohibition on you accessing the Internet or any online services except in prescribed circumstances.  Your conduct in downloading, installing and using the Snapchat, Reddit and Telegram applications, and your use of the Internet in the manner described previously, was committed in contravention of your bail conditions, giving rise to the third summary charge of contravening a condition of bail.
Second indictment
Charge 1 – use carriage service to transmit CAM
94	The basis for Charge 1 on the second indictment is as follows.
95	Analysis of the chat history within the Snapchat application on your OPPO phone identified a conversation between you using the username 'Steeno79' (Aido) and an unknown user with username 'Maxy Parker 2020' (HMU HMU Murchison) between 22 January and 22 February 2023.  During the conversation, HMU HMU Murchison asked, 'Nudes?'  On 20 February 2023, you replied, 'Yeah man … what you got … I'll swap'.  Murchison asked, 'How old you u have?' and you replied, 'What you like hehe'.  He replied that he liked people around his age, 'So like 13 to 16 … guys girls whatever'.  You replied, 'Nice', and having said you would look for him, you transmitted one CAM image.
96	The CAM image transmitted by you depicted a male who was aged between 14 and 16 years with his pants down and displaying his erect penis.  The photo was taken from below the child's penis.  The image was also saved in the Snapchat application on your OPPO phone and forms part of Charge 2 on the second indictment.
Charge 2 – possess or control CAM obtained or accessed using a carriage service
97	In relation to Charge 2 on the second indictment, in addition to the single CAM image saved in the Snapchat application, analysis of the OPPO phone revealed it contained a further 23 unique images [sic] constituting CAM.  The files were found in the 'Telegram videos' folder within the file manager folder of the mobile phone.  Creation dates for the CAM videos spanned from between 2 to 6 February 2023.
98	The CAM videos depicted male children aged between three and 14 years engaging in penetrative sexual acts with adults or other children.
99	Your possession or control of the 23 CAM videos found in the Telegram videos folder, as well as the one CAM image in the Snapchat application, gives rise to Charge 2 on the second indictment.
100	Your intentional access of the 23 CAM videos via the Telegram application between 2 and 6 February 2023 is schedule item 3 and I have taken it into account when sentencing you in respect of Charge 2 on the second indictment pursuant to s16BA Crimes Act (Cth).
101	Mr Ramage, your offending is most serious and calls for a sentence which is appropriately severe in all of the circumstances.
102	The conduct in which you engaged occurred over a fairly protracted period and involved CAM images, videos and chats of a most abject and repugnant nature.  It is breathtaking that you committed further offences after you had been bailed in relation to the original offending.  You had no difficulty in transmitting images and videos to others and encouraging others to provide you with such material.  The total amount of CAM traded, being 124 items, and the 829 items possessed by you is significant.
103	I was told that about 34 different child victims appear in the 120 CAM images and videos captured by Charges 1 and 2 on the first indictment.  The child victims' ages ranged from about two years old to 16 years old.  A large proportion of the CAM images and videos exchanged by you on Telegram depict prepubescent children.  The material depicts child victims engaging in both penetrative and non-penetrative sexual acts, including penetrative sexual intercourse between adults and children.  Some of the material depicts particularly degrading, cruel, forceful and/or humiliating sexual abuse.  Further, some of the textual CAMS involved conversations about images of innocent children with you engaging in chats of the most depraved and disgusting nature.  Further, you tried to hide your criminality by using the Telegram encryption protection albeit that you were cooperative with police when asked for the means to access material on each of your phones.
104	It concerns me that you appeared to express some remorse and insight into the seriousness of your offending and how it might affect the child victims in your first record of interview, only to commit further offences.  You had agreed that the children depicted in the CAM were victims and that they are re-victimised each time the material was shared, telling police that this is why you stopped and saying, 'It must stop'.  Mr Ramage, it is indeed true that people like you assist in the evil industry of proliferation of child abuse material where the victims are entirely innocent and images of them in the most depraved circumstances have the real potential to be proliferated indefinitely without the power of the victims to have any control over this.
105	As submitted by the learned prosecutor in written submissions, principles applying to sentencing for offences involving CAM are well-established and include the following:
(a)	general deterrence is the primary sentencing consideration for offences involving child abuse material given its prevalence and ready availability on the Internet and the need to protect children from sexual abuse online;
(b)	specific deterrence, denunciation, punishment and protection of the community are also very important sentencing considerations;
(c)	conduct such as possession, transmission or accessing of CAM creates a market for the continued corruption and exploitation of children;
(d)	there is a paramount public interest in promoting the protection of children, as offences involving CAM are not victimless crimes.  Children are sexually abused in order to supply the market.  The material is a permanent record of that abuse;
(e)	the nature of the Internet and evolution of remote storage devices using Internet networks means that images may be published and stored around the world for many years.  The longevity of such material is akin to re-victimising the abused children, a matter to which I have previously referred.  As the police said, and I have already said this, the victims not only have to endure the abuse that occurs in producing such material, but they must live with the consequences of their images being swapped, traded and accessed potentially indefinitely;
(f)	CAM offending is not mitigated by the fact that an offender did not profit from the offending, did not pay for the material or to access a child abuse website, or was not involved in the distribution or sale of the material;
(g)	where general deterrence is a primary sentencing consideration, an offender's personal mitigatory factors should generally be given less weight.  The subjective circumstances of an offender must not overshadow the objective gravity of the offences;
(h)	a sentence involving an immediate term of imprisonment is ordinarily required.
106	In sentencing you, I have had regard to the matters referred to at paragraph 11 of the sentencing submissions provided by the prosecution.
I have already referred to the nature and content of the offending CAM, noting that some of the material was particularly depraved and explicit and cruel.
I have also had regard to the age range of the children depicted, noting that this ranged from toddlers to teenagers.  I have factored in the number of CAM images involved in your offending and the number of other parties involved in transmissions of the material with you.  In this regard, the number of other participants was not large but was solid enough.  You did not profit financially from your offending, but it appears that you were wanting to add to your collection and were willing to exchange material with others.  I have also had regard to the number of the victims and level of sophistication of your offending and that the offending occurred over a rather protracted period, as I have already said.
107	In sentencing you, I have taken into account that in relation to Charges 1, 2 and 3 on the first indictment, that these are rolled-up charges, selecting a number of individual offences each capable of sustaining a separate charge.  This means that the criminality involved in each of the charges is greater than a charge involving a single criminal act.
108	In all of the relevant circumstances, your offending is objectively serious.
109	It is apparent that you engaged in the offending for sexual gratification.  I note that you told Dr Dion Gee, psychologist, that the material was arousing at the start, but you denied being sexually attracted to children.  However, Dr Gee assessed you as fulfilling the diagnostic criteria for a paedophilic disorder characterised by a sustained, focused and intense pattern of sexual arousal involving prepubertal children.  Further, as I have already said, you suggested to police when they first interviewed you that you could have stopped your offending, but this was not the case, as you engaged in further offending which is the subject of the second indictment.
110	Although there are no victim impact statements, I have no difficulty in presuming harm in relation to the child victims depicted in the material which you possessed, transmitted and received as well as spoke about.  Goodness knows where these poor victims are and how they are faring in view of the terrible suffering they have had to endure.
111	In sentencing you, I factor in that you do not have a criminal history in relation to sexual or violent offending.  You do have prior convictions for driving and dishonesty offences, with the most recent being in 2011 in respect of two charges of making a false document to the prejudice of another.  You have also been dealt with for failing to answer bail in 2010 and failing to comply with an intensive corrections order, which resulted in a term of imprisonment in 2011.
112	Although I regard your offending as objectively serious, I accept that although significant, the number of CAM images or videos involved is by no means the most substantial that these courts have ever seen.  However, as the Crown submitted, the CAM traded and possessed by you is not insignificant.
113	I take into account the stage at which you pleaded guilty to these matters, which was at the first reasonable opportunity.  In doing so, you have facilitated justice in a significant way, entitling you to a significant discount in the sentence you would otherwise receive.  In taking these steps, you have saved the witnesses the time and trouble of giving evidence and you have saved the community the time and expense of contested proceedings.  Further, you entered pleas of guilty at a time when the courts were facing a significant backlog in trials due to the pandemic, and you are entitled to a palpable allowance in your favour for helping to reduce this backlog, as the law provides.  Over and above this, on each occasion, you had dealings with police, you fully cooperated in relation to giving them access to your phones albeit that on the second occasion it appears you may have tried to delete one of the apps.
114	In sentencing you, I take into account your background.
115	You were born in a regional town of Victoria, and you are now 44 years old.  You were between 40 and 43 at the time of the offending.
116	You were raised by your mother, who was a homemaker, and your father, who was a boilermaker.  You have a younger sister, who lives in country Victoria with her partner.
117	Your father was working with a regional TAFE at the time of your birth, but the family was relocated to a region of Papua New Guinea when you were four for your father's teaching work.  You returned to Australia when you were eight.
118	I understand that your parents' marriage was marred by allegations of infidelity, conflict and fighting, which included physical violence towards your mother and you.  Your parents separated, and your mother returned to Australia with you and your sister.  After separating, your mother moved the family in with her parents, and you had limited visitation with your father.  Your relationship with your father has since improved, and you have remained in phone contact with him.
119	Your mother re-partnered when you were in Grade 6.  Unfortunately, this relationship was also marred by abuse, and you had a difficult relationship with your stepfather, leaving home when you were 18 after an argument.  You returned to live in the household when you were 21, but after further violence, you and your mother left for good.
120	You have a strong relationship with your mother and sister, both of whom are aware of these charges.
121	You left secondary school after completing Year 11, then attended TAFE to undertake a basic electronics course so as to pursue a traineeship with Telecom, later becoming Telstra.  Your traineeship ended during privatisation of the company in 1985, and you could not secure an apprenticeship.
122	You have a strong work history, having worked in low-skilled factory work whilst looking for skilled employment.  You worked for one company for six years and another for three years, then you worked in cleaning and maintenance at another business after moving with your wife and children to a region of Victoria.  You were made redundant in 2020 due to COVID‑19 restrictions at the business and were employed [sic] through a significant period of the offending.
123	You managed to obtain a job at a retail business after this, working there until you were arrested in 2023.
124	You met your now ex-wife through friends when you were 29.  You have two children from that relationship aged 12 and 8.
125	The relationship ended shortly before your arrest in May 2021, after your wife learnt that you had had engaged in some extra marital relationships.  However, your relationship with your ex-wife had already become strained during the COVID‑19 lockdown.
126	Initially, the separation was amicable, and after your arrest in May 2021, you maintained contact with your children, including supervised visits.  It was in this context that the related summary offences in September 2022 occurred.
127	You have been on remand at Hopkins Correctional Centre since your arrest in February 2023 and have had no visitors.  However, you have commenced to have written contact with your children, and you have phone contact with your ex‑wife, best friend, mother, sister and father.
128	Your ex-wife was in court at the plea hearing in support of you and had provided a character reference which is appropriately insightful in respect of the seriousness of your offending.
129	In terms of your mental health and upbringing, your counsel submitted that you were raised in an environment which was marred by family violence with underlying dynamics of emotional and physical abuse.  In this regard, she pointed to the reports of Dr Gee, psychologist, and Dr Bovenkerk, forensic psychologist.
130	She said that you reported being the victim of sexual abuse during school and inappropriate behaviour at the hands of your stepfather – this is in Dr Gee's report and there is reference to sexual abuse in your ex-wife's character reference.  I should add that forensic psychologist, Jessica Gormley, who saw you on 17 occasions, said that you reported having been bullied by a group of five to six fellow high school students who sexually abused you on multiple occasions, but this seems to be at variance with what you have told Ms Bovenkerk.  Your accounts as to what befell you in this regard, and by who, is not entirely consistent for some reason.  However, on the basis of all of the relevant material, I do accept that you have been the victim of sexual abuse when you were a child.
131	You have struggled with your sexual identity, according to the reports of Dr Bovenkerk and Dr Gee.
132	Dr Gee was of the view that you had demonstrated a level of post-traumatic stress, seemingly as a consequence of your background of adversity, and you presented to Dr Gee with a prominence of generalised anxiety and reported episodes of anxiety and depression during times of high stress.
133	Your counsel submitted that you had suffered childhood deprivation, the effects of which had not diminished over time, which was relevant in a general sense to my assessment of your moral culpability.
134	Your counsel told me that although you had developed some interest in CAM before 2019, the primary offending occurred between 2020 and 2021, which was during the COVID‑19 lockdowns.  I was told that you had suffered unemployment and you lost connection to the community at this time.  I was told that you had been in the process of separating from your now ex-wife, having struggled with your sexuality through life and having had an affair or affairs.  I was told that after the first episode of offending, which saw you interviewed by police, you were referred by a general practitioner to obtain a mental healthcare plan, but unfortunately you received help from a general psychologist rather than an expert in relation to sexual offending.  Your counsel indicated that you had sufficient insight to know that you needed help, as reflected in the first record of interview.  I was told that during the period of offending, you had increased your alcohol consumption also.
135	I was told that your counsel's predecessor had asked that you receive specialised support.  However, the psychologist became ill, and the assessment that was to occur did not when it should have.  It was in this context that the second episode of offending had occurred.
136	In relation to the initial matters, there was a significant delay during which you had the anxiety of these matters hanging over your head, and you did seek help and express some insight in respect of your offending.  Unfortunately, the assistance you received was not sufficiently specialised, and it was in this context that you committed the further offences in 2023.
137	I was told that at the time of the second episode of offending, you were living with a friend and you were most anxious and stressed about what would happen in relation to the first episode of offending.  You were having limited contact with your children, which was a source of a good deal of distress, as previously you had been the primary caregiver and you were very close them.  You also suffered a backlash in respect of the first episode of offending from the closeknit community in which you were then living.
138	In sentencing you, I take into account the psychological reports provided.
I take the reports into account in a general way, as Verdins principles were not relied on.
139	In a report dated 11 October 2022, Ms Jessica Gormley, consultant forensic psychologist, said that you had attended an initial session with your then wife on 30 June 2021, and she had seen you 17 times, primarily over video conference.  At that stage, you were awaiting sentence for charges relating to transmitting child abuse material.  She said that you met criteria for a major depressive episode at initial presentation which was reactive to your situation at that time.  She said it was not clear whether you were depressed at the time of the offending although you reported feeling very lonely during that period.  She said that you described a personality style featuring passivity and dependence although it was not clear whether these met criteria for a personality disorder.  She said that your depressive symptoms were likely to be temporary and sensitive to your life circumstances but that you were likely to continue to experience difficulty to adjust to life changes due to your personality style.  She said that your depressive condition was at a moderate level of severity, but she considered it unlikely that your depressive symptoms caused impairment to your ability to understand the wrongfulness of your actions.  However, she said that it was likely that your propensity to feel as though you were worthless led you to seek validation and acceptance from others, and together with your personality style, contributed to you making poor decisions and judgments.  She said:
It is considered likely that the ongoing nature of his offending can be attributed to his passivity and avoidance, stemming from his personality structure (for example, he and his wife described Mr Ramage (a pseudonym) as 'putting his head in the sand' when faced with anxiety or stressful situations).
140	I pause here to observe that your offending involved actively seeking out chats with others and trading CAM with them rather than merely being a passive recipient.
141	Ms Gormley said that you engaged well in sessions and appeared to willingly raise and address issues as they presented to you.  She said that you voluntarily attended therapy for over a year despite the financial hardship that this caused.  She said you 'expressed shame and remorse whenever these charges were discussed'.  She said your depressive symptoms improved over the course of your sessions to the point where the intervals between sessions were extended on multiple occasions.  She said you would likely be vulnerable to depressive relapse in response to negative life events in the future and that on occasion you had expressed suicidal ideation in relation to your current circumstances.  She said that it would be likely that you would have trouble coping with imprisonment and that your symptoms of trauma resulting from past sexual abuse and bullying were likely to worsen in a prison context.  She said that you may be at risk of harm from others or at risk of self-harm.  She said that you expressed remorse and regret for your offending and that you understood the harm that CAM entails for its victims.  You expressed understanding that sharing CAM helped drive the demand for the material.  She said there was reason to be optimistic about your prospects of rehabilitation, noting your willingness to engage in psychological treatment.  Unfortunately, she was wrong about this, as attested to by your further offending.
142	In a report dated 4 November 2022, Ms Marlese Bovenkerk, forensic psychologist, indicated that she had assessed you on 17 October 2022.
143	There was some discussion at the plea hearing in relation to an aspect of Ms Bovenkerk's report in relation to past criminal offending.  You had reported that some of the charges in your criminal history related to a conflict with your stepfather whereby you reportedly drove through his front fence.  Your stepfather had allegedly pushed your mother over in a car park and had been stalking her.  You identified that you did not know what else to do to help your mother.  You also made a false medical certificate in order to avoid attending court due to your increased anxiety and avoidant coping style.
144	Ms Bovenkerk said that you had developed generalised anxiety disorder as a result of your difficult childhood, and it had continued into your adulthood.  She said that your early adverse life experiences had contributed to your low self-esteem and feelings of worthlessness, in addition to underlying personality vulnerability where you demonstrated dependent and avoidant personality traits.  She said that you also exhibited an avoidant coping style where you suppressed your emotions and relied on social withdrawal and avoidance in order to cope.  She said that you tended to gravitate towards substances and later problematic alcohol consumption as a form of
self-medication in order to cope with your mental health and a means of regulating your emotions.
145	She said that whilst there were some trauma symptoms, you did not meet the diagnostic criteria for post-traumatic stress disorder.  She said that while you were likely to have experienced periods of depressed mood throughout your life, you were not considered to be currently exhibiting a major depressive episode.  She said that you reported increased psychological distress in response to your current circumstances and uncertainty regarding the sentencing outcome in relation to your charges.
146	She said that:
… precipitating the alleged offending, Mr Ramage (a pseudonym) reported a number of psychosocial stressors primarily connected to a lack of physical and emotional intimacy within his marriage at the time, which was further compounded by COVID‑19 lockdown restrictions and ongoing social isolation (paragraph 112).
147	She went on to say that given your problematic alcohol consumption at the time of the offending, you would likely have met criteria for alcohol use disorder.  However, your alcohol use did not appear to be a relevant factor in the commission of the offences and was more reflective of low coping resources.  She said while there were some indicators that you were experiencing a lowered mood at the time, it remained unclear as to whether you would have fulfilled diagnostic criteria for major depressive disorder.
148	She said that, overall, there were a number of factors which were linked to your behaviour and impaired functioning at the time of the offending.  She said you were relying on the Internet as a means of social connection and in an attempt to manage your negative emotions, including loneliness, whereby you engaged in fantasy driven behaviours.  She said there was also some evidence to suggest a level of sexual preoccupation driven by your own uncertainty regarding your sexual orientation and intrigue and curiosity regarding the nature of the content you were viewing.  She said it was possible that your childhood trauma also contributed to distorted perceptions regarding sexual intimacy and led to confusion regarding your sexuality and impaired functioning within your intimate relationships.  She said while there was no clear evidence of paedophilic interests within the current assessment, you would benefit from further exploration of your sexual interests, including sexual deviance, within a therapeutic setting (paragraph 114).
149	She said there was no evidence to suggest that you endorsed antisocial attitudes or general criminal orientation.  She said that you had access to stable psychosocial circumstances, including accommodation and employment, and had good social support available to you through your mother and sister.  She also observed that you had been engaging in psychological treatment since your arrest and had reported a willingness to comply with all conditions proposed by the court.
150	She went on to say that she thought that imprisonment would likely weigh more heavily on you than someone without your conditions and that your anxiety and depressive symptoms would likely exacerbate in gaol.  She referred to the fact that you had not previously served a term of imprisonment and were naïve to the custodial environment.  However, I do note that you previously served 41 days' imprisonment, having breached an intensive corrections order in 2011.  Having said this, the sentence to be imposed in relation to these offences will be a good deal more substantial than the sentence previously imposed at that time.
151	Ms Bovenkerk recommended that you take part in offence-specific treatment with a suitably qualified forensic psychologist, and you would also benefit from counselling from an AOD counsellor.  She too was concerned about how you might be treated whilst in prison by other inmates.
152	In a report dated 21 August 2023, Dr Dion Gee, forensic psychologist, said that he had interviewed you for 280 minutes in a contact visit interview room at Hopkins Correctional Centre and conducted various assessments of you.
153	In a most detailed report, Dr Gee found that, overall, the findings of the Risk for Sexual Violence Protocol indicated that you presented with a moderate risk of future sexual violence as defined through the RSVP‑V2 in the community if no further intervention were provided.  He was of the view that you demonstrated a level of post-traumatic stress, seemingly as a consequence of your background of adversity, and you displayed 'the prominence of generalised anxiety along with the presence of alcohol use and post-traumatic stress' (paragraph 50).  His findings in relation to your personality structure were approximately in keeping with those found by Ms Bovenkerk.
154	You acknowledged to Dr Gee that you had only explored the offending in a cursory way during the 17 sessions with Ms Gormley.  Dr Gee noted that while you presented with a desire to avoid sexually aberrant behaviour, you lacked the skills to do so.  You told Dr Gee that you were stressed and relapsed into aberrant conduct.  Dr Gee said that if you were given a chance to access suitably tailored intervention in a timely manner, you would present a good prognosis for rehabilitation.
155	As I have said, I have taken the psychological material into account in a general way in this matter, as Verdins is not relied on.
156	Taking all relevant matters into account, I allow for a slight reduction in your moral culpability in relation to the offending due to Bugmy considerations, and I reduce the weight to attach to other relevant sentencing principles to a limited extent.  Allowing for this, I still regard your moral culpability as fairly high.
157	I have also taken into account the character references in your case, one of which was a very detailed character reference from your former wife, who still supports you whilst accepting the seriousness of your offending, as I have said.  You have solid support in the community to return to when you are released from gaol, as well as accommodation and a strong work ethic which ought stand you in good stead.  You are amenable to treatment in relation to your offending behaviour and to developing insight in respect of the seriousness of the offending in which you have engaged, insight which you have commenced developing already.  However, you have a good way to go, in my view.
Remorse
158	I accept that you have some remorse for your offending although this needs to be seen in the context of your reoffending after being charged with the offences that are on the first indictment.  It seems to me that you were able to express remorse and a level of insight at the first record of interview, but your words rang rather hollow in view of your reoffending.  You expressed remorse and insight to your treating psychologist, but again, this did not translate to appropriate action.  Whilst I have borne in mind that this psychologist was not a specialist in respect of sexual offending, it concerns me that you were able to convey remorse and insight but were unable to follow through or did not follow through.  In the end and on the basis of all of the relevant material before me, I accept that you are sorry for what you have done and the impact that your actions have had upon you, and you are willing to address these issues through appropriate treatment, which is a good thing.  At this stage, heartfelt and insightful remorse, insofar as victims of your offending are concerned in particular, are works in progress in my view.
159	In all the relevant circumstances of your case, I assess your prospects of rehabilitation as being fairly good.  I place less than moderate weight on specific deterrence and protection of the community, but I place fairly strong weight on general deterrence in a bid to deter others from offending as you have.  I have reduced the weight that would otherwise attach to general deterrence and just punishment to a most limited extent due to Bugmy considerations in your case.
160	I allow for the fact that time in gaol will be harder for you than it would otherwise be, as, due to the nature of your offending, you will be placed in a protective unit, which will mean that you will experience isolation.  Also, this is your first substantial immediate gaol term.
161	I have also borne in mind the degree of overlap between the occasions that you transmitted CAM and the occasions you received it.
162	It is acknowledged by you, through your counsel, that an immediate term of imprisonment is warranted in relation to your offending.  However, the prosecution accepted that in all the relevant circumstances, it was within range to impose a sentence which involved you being released after a period of imprisonment on a recognizance release order with appropriate conditions attached.  This concession means that a term of imprisonment of up to three years is within range, with a portion of any prison term being required to be served immediately.
163	There is a presumption of cumulation in respect of the sentences on each of the indictment charges, but I have also applied the principle of totality in arriving at an appropriate sentence.
164	You are convicted of the offences on the two indictments and of the summary offences.
165	Sex offender registration
(a)	By reason of your convictions for the Commonwealth offences, you are to be recorded as a registrable offender for life.  You must report your personal details to the Chief Commissioner of Police annually for the rest of your life.  You must first report these details within seven days after your release from custody.  Details in writing of these reporting conditions will be served upon you by Corrections Victoria staff after such details of these reporting conditions have been forwarded via email to Corrections by my associate.  You will then be asked to sign the acknowledgement of that notice, which will then be returned to the court by Corrections.
166	You are sentenced as follows:
First indictment:
167	Charge 1:  18 months' imprisonment to commence today.
168	Charge 2:  12 months' imprisonment to commence 12 months from today.
169	Charge 3:  six months' imprisonment to commence 22 months from today.
170	Charge 4:  12 months' imprisonment to commence 20 months from today.
Second indictment:
171	Charge 1:  16 months to commence 18 months from today.
172	Charge 2:  12 months to commence 11 months before the expiry of the sentence on Charge 1 on this, the second indictment.
173	On my calculation, this produces a total effective sentence of two years, 11 months, but pursuant to s20(1)(b) Crimes Act 1914 (Cth), l order your release after serving 15 months by recognizance in the sum of $5,000 to comply with the following conditions:
(a)	that you be of good behaviour for a period of four years;
Mandatory conditions (pursuant to s20(1)(b) Crimes Act 1914 (Cth))
(b)	that you be subject to the supervision of a probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee) for a period of four years; and
(c)	you obey all reasonable directions of the probation officer (Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee); and
(d)	not travel interstate or overseas without the written permission of the probation officer (the same bracketed personnel to which I have referred or organisation to which I have referred); and
(e)	undertake such treatment or rehabilitation programs that you are directed to undertake, as directed by the Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee reasonably directs.
Conditions necessary to give effect to mandatory conditions
(a)	Further, you are to report to the Moorabbin Justice Service Centre at 1140 Nepean Highway, Highett in Victoria by 4 pm within two clear working days of your release from custody; and
(b)	further, you are to report to, and receive visits from, a community corrections officer or officers; and
(c)	you are to notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after the change; and
Conditions regarding Sex Offender's Program
(d)	further, you are to attend for assessment and, if assessed as suitable, treatment for sex offender programs or programs to reduce reoffending as directed by Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee.
174	This order has been issued because you have been charged with the federal offences to which I have previously referred in the course of my sentencing remarks.
175	For the reasons set out in my sentencing remarks:
(a)	you have been sentenced to a term of imprisonment of two years, 11 months; and
(b)	I have decided that you be released after serving 15 months of the sentence if you comply with the conditions of this order.
176	This means that you will be released from gaol after serving 15 months and that you must abide by the conditions of the order that I have imposed for a period of five years.  If you fail to do so without reasonable excuse, then you will be liable to payment of $5,000 and/or such sum as is deemed appropriate and to being imprisoned for a further period of up to 20 months.
177	This order can be discharged or varied under s20A of the Crimes Act 1914 (Cth).
178	In respect of the summary offences, which are State matters, you are sentenced to an aggregate term of two months' imprisonment.
179	For the avoidance of doubt, it is my intention to sentence you to a total effective sentence of two years, 11 months' imprisonment but that you be released after 15 months in accordance with the recognizance release order.
180	I declare that you have already served 275 days.
181	I am required to give a 6AAA indication, Madam Prosecutor.
182	MS AMBESI:  Yes, please, Your Honour.
183	HER HONOUR:  Yes.  If not for your pleas of guilty in this matter, I would have imposed a sentence of six years' imprisonment with a non-parole period of four years.
184	Is there anything arising out of those remarks?
185	MS AMBESI:  No, Your Honour.  I may need some time to check the commencement date and make sure that they make sense with Your Honour's intention.
186	HER HONOUR:  Yes, I should have printed out a copy for each of you.  So we will print out a copy for you.
187	MS AMBESI:  I would be grateful.
188	HER HONOUR:  And you can work that out.
189	MS DEMPSEY:  Yes.
190	HER HONOUR:  Now, how long have we got the link for, how much longer?  Until 12 o'clock, all right.  Well, look, I will stand down if you want to check that, and then I do not know if you want to have a word with your client after that, Ms Dempsey, but - - -
191	MS DEMPSEY:  Your Honour, I am in the court's hands.  If there is time – but otherwise, I had intended to speak to him on Monday anyway, so - - -
192	HER HONOUR:  All right.  Well, look, I will have my associate give you copies of the sentence that I have just imposed, and you can work out whether it adds up the way that I have intended it to.
193	COUNSEL:  Thank you, Your Honour.
194	HER HONOUR:  All right, thank you.  I will just stand down.
195	(Short adjournment.)
196	HER HONOUR:  Yes.
197	MS AMBESI:  Thank you for that time, Your Honour.  My learned friend and I have checked the sentence, and we agree that Your Honour's intention is reflected.  The total effective sentence is two years and 11 months, taking into account the commencement dates.
198	HER HONOUR:  Yes.
199	MS AMBESI:  Yes.
200	HER HONOUR:  Thank you very much.
201	MS DEMPSEY:  Thank you, Your Honour.
202	HER HONOUR:  Yes, thank you, all right.  Well, I will now adjourn the court, and, Ms Dempsey, you can have a word with your client once we have left.
203	MS DEMPSEY:  Thank you, Your Honour.
204	HER HONOUR:  If you could just let my tipstaff, Ms Taylor, know when it is time to hang up the connection.
205	MS DEMPSEY:  Thank you, Your Honour.
206	HER HONOUR:  All right, thank you.  Thanks for your assistance, counsel.
207	MS AMBESI:  Thank you, Your Honour.
208	HER HONOUR:  We will now adjourn.
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