appeal against sentence — causing a child to engage in sexual intercourse and activities in presence of offender offences contrary to ss 272.8(2) and 272.9(2) of Commonwealth Criminal Code — state offence — original sentence imposed 10 years’ imprisonment with 6 year non-parole period — offences involved offender located in Sydney paying for and directing sexual acts between adults and children located in the Philippines via real-time video link — application of Rivo v The Queen [2012] VSCA 117 — offender not to be sentenced as if physically perpetrated sexual offences directly upon children — however should not be inferred that offender less morally culpable than if offender had physically committed sexual assault — totality — sentencing judge in error by imposing concurrent sentences based on temporal proximity — concurrent sentences imposed failed to acknowledge separate harm done to each victim — general deterrence — s 16A(2)(ja) — importance of general deterrence as offences committed against children in disadvantaged countries lacking adequate child protection mechanisms — specific deterrence — s 16A(2)(j) — offender’s paraphilic disorder may provide explanation for offending and reduces moral culpability but heightens need for specific deterrence — rehabilitation — s 16A(2)(n) — offender’s desire to cease offending conduct demonstrated by voluntary enrolment in rehabilitative programmes — prospects of rehabilitation dependant on benefit offender derives from programmes — multiple or continuing offences — s 4K — aggregate sentence imposed pursuant to s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) and s 4K of Crimes Act — appeal allowed — offender resentenced — overall effective sentence of 14 years’ imprisonment with 10 year non-parole period imposed
