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'Entrenched' paedophile wins fight against indefinite sentence

A paedophile who remains a serious risk of reoffending has won his fight against an indefinite sentence imposed on him more than 15 years ago.
The decision by Victoria's highest court also carried a warning about the "banalisation of indefinite imprisonment".
Anthony John Carolan, now aged in his 60s, was described as an "entrenched" paedophile in 2000 by a judge after he pleaded guilty to offences against three children.
He failed last year in an application to be discharged from the sentence and later appealed that decision to the Court of Appeal.
In an unanimous decision on Friday, three judges of that court ruled that under the Serious Sexual Offender (Detention and Supervision) Act (SSODSA) there were sufficient safeguards to ensure Carolan was not a danger to the community.
Justices David Ashley, Robert Redlich and Phillip Priest disagreed with then chief judge Michael Rozenes' decision last July to extend Carolan's indefinite sentence for another three years.
Chief judge Rozenes had described the decision as one of the most challenging he had made. Carolan, who is believed one of only three Victorian offenders subject to an indefinite sentence, accepted that if released he would pose a risk of reoffending.
In their decision, the appeal judges said the main issue was whether he could be discharged from the indefinite sentence and then be under the control of the Adult Parole Board for five years under SSODSA.
They said it appeared that the dangers posed by offenders similar to Carolan were today dealt with under SSODSA.
It was "less than optimal", they said, that two regimes for preventive detention and/or the supervision of serious sex offenders coexisted with differing consequences "yet each are directed to the same conduct".
Where the risk posed by Carolan could be managed by means other than an indefinite sentence "it should be", the judges said. "We should guard against the 'banalisation of indefinite imprisonment'", they added.


www.theage.com.au (27-6-2015)
Steve Butcher
http://www.theage.com.au/victoria/entrenched-paedophile-wins-fight-against-indefinite-sentence-20150627-ghz7b4.html


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Serial child rapist appeals sentence

A serial child rapist may no longer spend the rest of his life behind bars after he successfully appealed his indefinite sentence.
Anthony John Carolan was jailed indefinitely in February 2000 by County Court judge Tom Wodak when he pleaded guilty to two counts of sexual penetration of a child under 10, one count of attempted sexual penetration of a child under 10, five counts of an indecent act with a child under 16 and one count of false imprisonment.
He also pleaded guilty to loitering as a sex offender and possessing child pornography, and he has a long history of child sex abuse.
When he was first sentenced, Justice Wodak said if not for his discretionary decision, Carolan would be sentenced to 14 years, which was the "nominal" sentence if he had imposed a fixed term.
On Friday, the Court of Appeal discharged his indefinite sentence and made him subject to a five-year reintegration period.
In their judgment, judges Robert Redlich, Phillip Priest and David Ashley said the appeal only arose because Carolan reached the end of the nominal period of his indefinite sentence.
"It is only a theoretical possibility that an offender in the position of the appellant would be released unsupervised into the community," the judgment said.
If Carolan still poses a serious risk after the five-year reintegration period, he would most likely reside at corrections facility Corella Place under supervision, the judgment said.
Corella Place provides village-style accommodation for sex offenders who have finished their sentence but still pose an unacceptable risk to the community.
It has no walls but its residents wear GPS ankle bracelets and cannot leave without permission.
Only five indefinite sentences have ever been handed down in Victoria.


www.cairnspost.com.au (26-6-2015)
http://www.cairnspost.com.au/news/breaking-news/serial-child-rapist-appeals-sentence/story-fnjbnvyh-1227417008437


Paedophile to remain in jail indefinitely following judge's ruling

A paedophile jailed indefinitely 14 years ago as an "entrenched sexual offender" will remain in prison for at least another three years after losing a bid to have a judge grant him a release date.
Anthony John Carolan, now 61, was jailed indefinitely in February 2000 by County Court judge Tom Wodak, who declared that but for his discretionary decision he would have sentenced him to 14 years which was the "nominal" sentence if he had imposed a fixed term.
Carolan had pleaded guilty to one count of attempted sexual penetration of a child under 10, five counts of an indecent act with a child under 16, two of sexual penetration of a child under 10 and one count of false imprisonment. He also pleaded guilty to loitering as a sex offender and possessing child pornography.
The Director of Public Prosecutions had then applied for the imposition of an indefinite sentence.
Carolan - believed to be one of only a handful of sex offenders jailed indefinitely in Victorian history - began proceedings about a year ago to be granted a release date.
But County Court chief judge Michael Rozenes on Tuesday refused the application and ordered Carolan remain in custody indefinitely. Judge Rozenes described his ruling as "one of the more challenging decisions I have had to make in some time".
Under current laws Carolan, who appeared via video link, must wait three years before he applies again to have his indefinite sentence removed.
Carolan's offences were committed on three victims, two boys and a girl – aged about five, about seven and between about six and seven – between December 1997 and February 1999 at Endeavour Hills, Knox and Ferntree Gully.
Carolan at the time was employed with the Wesley Central Mission, and Judge Wodak noted that in committing the offences he "first befriended and gained the trust and confidence of the victims and their families".
Judge Wodak said Carolan had expressed remorse for his offences and told him that "it may well be that you are genuinely sorry for what you have done".
But the judge added he had "some reservations about your sincerity and about the authenticity of your desire to overcome your sexual attraction to young children of either sex".
All of his prior convictions since 1979 had been sex offences, and his barrister told Judge Wodak that Carolan had been institutionalised for about two thirds of his adult life.
A consultant psychiatrist in 1979 considered him an example of a personality disorder with "gross psychosexual pathology" and that his "urge to interfere with young children" had been present since he was 14 or 15.
Before the offences Judge Wodak dealt with, Carolan’s most recent conviction in Victoria had been in January 1991, from which psychiatrist Lester Walton reported that the "only likely assistance" for him would be formal inclusion in a sex offender's rehabilitation program.
It was also likely any program would include hormone treatment and that "in the absence of decisive intervention to control his paedophilic tendencies (his) prognosis is poor with a high likelihood of reoffending", Dr Walton said in a report.
Carolan then served more than eight years jail. The Adult Parole Board refused him parole in 1983 and 1995.
He committed the offences heard before Judge Wodak about nine or 10 months after his release from prison in March 1997.
When he saw him soon after, Dr Walton, who later prescribed anti-male hormone medication, considered Carolan an "entrenched sexual offender".
Judge Wodak told Carolan in his sentencing remarks that it was "difficult to regard your behaviour with Dr Walton in any way other than that you were being manipulative".
"I consider it probable that you misled Dr Walton by minimising the level of the sexual urges you were experiencing," he said.
Judge Wodak regarded the protection of the community from Carolan as the "principal purpose" in sentencing him.
He added that "there is little that can be said other to deplore the predation and exploitation of innocent, trusting and vulnerable children".
Judge Wodak told Carolan he had decided that the Crown, led by prosecutor Sue Pullen – now a judge of the County Court – had "discharged its burden of satisfying me to the required high degree of probability that you do represent a serious danger to the community at the present time".
In determining the appropriate sentence, the judge had to account for factors that included specific and general deterrence, protection of the community and rehabilitation.
Judge Rozenes did not expand on his reasoning for refusing Carolan's application, but said his reasons would be published.


www.theage.com.au (8-7-2014)
Steve Butcher/ Adam Cooper
http://www.theage.com.au/victoria/paedophile-to-remain-in-jail-indefinitely-following-judges-ruling-20140708-zt0aw.html









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