sentence — using carriage service to transmit indecent communications to a child under 16 — additional State offences — nature and circumstances — s 16A(2)(a) — offender was friend of father of the victim — offender was 22 years older than victim befriended her and abused her trust — offending involved level of pre-planning — offender took victim to remote location to offend against her and had a condom at the ready — offending can be characterised as predatory — offender attended victim’s school and gave her mobile phone in order to communicate secretly — offender sent victim multiple highly sexualised messages and gratuitous images of exposed penis — offending is serious and moral culpability is high — character — offender’s ex-partner wrote character reference — offender has battled with kidney disease but has struggled with depression — mental condition — s 16A(2)(m) — offender diagnosed with persistent depressive disorder — no submission made that Verdins principle applied — contrition — s 16A(2)(f) — offender told psychologist victim had pursued them and they struggled to take greater responsibility for behaviour — offender did recognise behaviour was wrong and was grappling with feelings of shame — psychologist reports offender gratified by attention of victim and engaged in cognitive distortions which allowed them to view victim as equal and consenting partner — psychologist report found offender fell into low risk category for sexual recidivism and appeared to show good prospects for rehabilitation — physical condition — s16A(2)(m) — COVID-19 — offender suffers end-stage kidney disease — condition will not improve unless offender receives another successful kidney transplant — offender requires lengthy dialysis sessions to control symptoms and keep them alive — offender’s doctor reports that offender is reliant on treatment to keep them alive but with dialysis had some quality of life — offender’s risk of catching disease no greater than average person but if infected risk of becoming seriously ill was greater — although kidney disease requires extensive hours on dialysis and can be managed in custodial setting — COVID-19 is complicating issue — if offender was imprisoned long hours required to spend at hospital for dialysis would subject offender to quarantine transfer — Corrections Victoria unable to say if restrictions would be lifted when Victoria moves to stage 3 — any sentence must be heavily moderated because of ill health and extensive hours of dialysis and the context of COVID-19 — general deterrence — s 16A(2)(ja) — law imposes absolute prohibition on sexual contact with children to protect them from harmful premature sexual activity — adults who transgress prohibition must expect stern punishment — offender sentenced to 24 months’ imprisonment with 10 month non-parole period for State offences — offender sentenced to 9 months’ imprisonment with 2 month non-parole period for Commonwealth offences to commence on expiration of non-parole period for state offences — s 6AAA — but for plea of guilty global sentence imposed would have been 5 years’ with 3 year non-parole period
