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R v Corbett; DPP v Corbett [2023] VCC 1935

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 3 counts of engaging in sexual intercourse with a child under 16 years outside Australia contrary to s 272.8(1) of the Commonwealth Criminal Code. Additional child exploitation offences were taken into account under s 16BA of the Crimes Act 1914. Offender also sentenced for state child exploitation offences.

Nature and Circumstances: Count 1 concerns 2 incidents of sexual intercourse with an 11-year-old boy. Count 2 concerns an incident of sexual intercourse with a 12-year-old boy. Count 3 involves 2 occasions where offender engaged in sexual intercourse with a 9-year-old boy. Offender paid the victims for their sexual servitude. Offender used the children as objects to be bought and sold for a pittance; this is the most heinous aspect of their behaviour. Offender involved themselves with a procurer whom they paid. Offender did not subject any of the children to additional cruelty or physical harm, and aside from photographing one victim, did not record their abuse. Offending was objectively serious and offender’s moral culpability is high.

Guilty Plea: Offender pleaded guilty at a directions hearing and offered to plead guilty as early as May 2022. Offender is entitled to a significant discount by virtue of their plea. However, offender’s plea is not accompanied by any remorse on their part. Offender has offered no explanation of their offending and no material has been tendered containing any expressions of remorse.

Antecedents: Offender is now 61, but was aged 55 when they committed the offences. Offender has a criminal record with a relevant prior criminal conviction for gross indecency with a male person under 16 from 1995. Offender has a longstanding attraction to boys and have committed serious sexual offences spanning several decades.

Offender sentenced to 11 years imprisonment with a non-parole period of 8 years for Commonwealth offending.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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