A 27-year-old sex offender raised in Bendigo is eligible to apply for parole after serving 318 days for the sexual assault of a child.
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Daniel James Spokes was this week sentenced to a year and eight months imprisonment with a non-parole period of 318 days for three charges including the sexual penetration of a child under 16, the sexual assault of a child under 16 and supplying a drug of dependence to a child.
He pleaded guilty to the three charges in the County Court sitting in Bendigo.
Prosecutor David Cordy told the court Spokes knew the child was 13 at the time of the crimes, which happened in Melbourne, and had met them through Facebook.
Court told prison does not work for sex offender
Mr Cordy told the court that Spokes had sexually penetrated the child, who was in foster care, at Deer Park in his bedroom between February 21 and 22, 2022.
He also intentionally sexually touched that child and supplied them with cannabis between February 21 and 24.
Before sentencing, defence lawyer Harry Lewis said his client had been in jail since January 2019 except for a period of four months and 13 days. He told the court "prison isn't a deterrent" for Spokes and "it doesn't seem to work for him".
Judge Anne Hassan acknowledged that time in custody had been difficult for Spokes and he had been threatened and bullied by other prisoners.
Rehab prospects 'sadly, demonstrably poor': judge
Judge Hassan said his prospects for rehabilitation were "sadly, demonstrably poor" and he had a "lengthy history". She said Spokes would have support as he had a "comprehensive NDIS plan and funding for life".
The court was read reports from psychiatric and psychological specialists who collectively said Spokes had ADHD, a mild intellectual disability, epilepsy from synthetic cannabis use, drug-induced psychotic episodes, antisocial disorder and adjustment disorder.
Associate Professor Warrick Brewer said Spokes had "severe deficits with interpersonal skills" before outlining how he needed assistance with many basic life tasks including remembering to shower and preparing meals.
Senior forensic psychiatrist Associate Professor Danny Sullivan also identified Spokes as having antisocial disorder and adjustment disorder, while psychologist Jeffrey Cummins said Spokes operated at an "adolescent level".
Mr Cummins said Spokes had difficulty understanding why he should not have sexual relations with a child under the age of 16 and said there was a moderate chance of reoffending.
He said Spokes was impulsive due to his intellectual disability and mental health conditions.
Spokes will be on the sex offender register for life.
- Sexual Assault Helpline - 1800 010 120
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Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
