37 3 months Indictment charges: Commonwealth offences Cumulation 38 and 39 36 months Total effective sentence: 12 Non-parole period: 9 years Pre-sentence detention declaration pursuant to 271 days section 18(1) of the Sentencing Act 1991: 6AAA statement: the learned sentencing judge stated that the sentence he would have imposed if the appellant had been convicted of these offences after a would have been 15 years’ imprisonment, with the appellant becoming eligible for parole after serving 12 years of that sentence Other relevant orders: The sentence on the offences was ordered to commence immediately following the conclusion of the sentence imposed on the Commonwealth offences The sentence on the Commonwealth offences was ordered to commence on 24 January 2011 Pursuant to section 6B of the Sentencing Act 1991 (Vic), the appellant was to be sentenced as a serious sexual offender on charges 11 and 13 Pursuant to section 6F of the Sentencing Act 1991 (Vic), it was to be recorded that the appellant was sentenced as a serious sexual offender on charges 11 and 13 Pursuant to section 34 of the Sex Offenders Registration Act 2004 (Vic), the appellant was declared a registrable offender and the length of reporting is life Forfeiture order pursuant to section 78(1) of the Confiscation Act 1997 (Vic) Forensic sample pursuant to section 464ZFB(2) of the Crimes Act 1958 (Vic) Table A4: Sentencing orders made for state offences in SJ v The Queen, when resentenced on appeal Charge on Offences Maximum Sentence Cumulation Indictment 1 Indecent act with a 10 18 months 1 month child under the age of [Crimes Act 1958 16 (Vic) s 47(1)] [Crimes Act 1958 (Vic) s 47(1)] 2 Indecent act with a 10 years 18 months 1 month child under the age of 16 3 Indecent act with a 10 years 18 months Wholly concurrent child under the age of 16 4 Indecent act with a 10 years 18 months 1 child under the age of 16 5 Indecent act with a 10 years 18 months 1 month child under the age of 16 6 Indecent act with a 10 years 18 months Wholly concurrent child under the age of 16 7 Indecent act with a 10 years 18 months 1 month child under the age of 16 8 Indecent act with a 10 years 18 months Wholly concurrent child under the age of 16
37 3 months Indictment charges: Commonwealth offences Cumulation 38 and 39 36 months Total effective sentence: 12 Non-parole period: 9 years Pre-sentence detention declaration pursuant to section 18(1) of the Sentencing Act 1991: 271 days 6AAA statement: the learned sentencing judge stated that the sentence he would have imposed if the appellant had been convicted of these offences after a would have been 15 years’ imprisonment, with the appellant becoming eligible for parole after serving 12 years of that sentence Other relevant orders: The sentence on the offences was ordered to commence immediately following the conclusion of the sentence imposed on the Commonwealth offences The sentence on the Commonwealth offences was ordered to commence on 24 January 2011 Pursuant to section 6B of the Sentencing Act 1991 (Vic), the appellant was to be sentenced as a serious sexual offender on charges 11 and 13 Pursuant to section 6F of the Sentencing Act 1991 (Vic), it was to be recorded that the appellant was sentenced as a serious sexual offender on charges 11 and 13 Pursuant to section 34 of the Sex Offenders Registration Act 2004 (Vic), the appellant was declared a registrable offender and the length of reporting is life Forfeiture order pursuant to section 78(1) of the Confiscation Act 1997 (Vic) Forensic sample pursuant to section 464ZFB(2) of the Crimes Act 1958 (Vic) Table A4: Sentencing orders made for state offences in SJ v The Queen, when resentenced on appeal Charge on Indictment Offences Maximum Sentence Cumulation 1 Indecent act with a child under the age of 16 [Crimes Act 1958 (Vic) s 47(1)] 10 [Crimes Act 1958 (Vic) s 47(1)] 18 months 1 month 2 Indecent act with a child under the age of 16 10 years 18 months 1 month 3 Indecent act with a child under the age of 16 10 years 18 months Wholly concurrent 4 Indecent act with a child under the age of 16 10 years 18 months 1 5 Indecent act with a child under the age of 16 10 years 18 months 1 month 6 Indecent act with a child under the age of 16 10 years 18 months Wholly concurrent 7 Indecent act with a child under the age of 16 10 years 18 months 1 month 8 Indecent act with a child under the age of 16 10 years 18 months Wholly concurrent
Sentencing%20of%20Offenders%20Sexual%20Penetration%20with%20a%20Child%20under%2012_0.docx