Vic: Jail sentence doubled for mother who drugged daughter

AAP General News (Australia)
12-23-2009
Vic: Jail sentence doubled for mother who drugged daughter

By Daniel Fogarty

MELBOURNE, Dec 23 AAP - A mother who drugged her daughter and left her to be molested
and filmed naked by her defacto partner has had her jail sentence more than doubled.

The woman known only as MS laughed as she mixed sleeping tablets with vodka and orange
juice in 2006, in northern Victoria.

Her partner, known as TDJ, filmed as MS made her 13-year-old daughter swallow the concoction.

MS then removed her unconscious daughter's clothes and left her lying naked in bed.

She left the room knowing TDJ intended to film the teen naked.

TDJ sexually assaulted the girl as he used his mobile phone to take photos of her.

On Wednesday the Victorian Court of Appeal allowed an appeal by the Director of Public
Prosecutions against the leniency of the sentence and increased jail terms handed to both
MS and TDJ.

Two of the three judges hearing the case were in favour of the appeal.

Court of Appeal president Justice Chris Maxwell and Justice Marcia Neave said it was
apparent the crime was a joint enterprise, made worse by MS's abuse of her daughter's
trust.

"What is remarkable - and chilling - about the video is the apparently calm determination
of (the pair) to achieve their objective," the justices wrote in their judgment.

"Plainly enough, (the victim) would never have given consent to any of this occurring."

The justices said the sentences imposed were manifestly inadequate.

"It was, in our view, quite appalling for two adults to overpower the will of a 13-year-old
girl in this way, so as to put themselves in a position to abuse her sexually."

"What makes it worse is that they exploited the daughter's natural trust in her mother
to achieve this result."

TDJ, who pleaded guilty to incest, procuring a child under 16 to take part in an indecent
act and producing child pornography, also faced an additional three unrelated child pornography
counts.

He had his sentence increased from five years and seven months to eight years and six months.

TDJ will be eligible for parole after serving six years.

MS, who pleaded guilty to an indecent act with a child under 16 (related to removing
the girl's clothing), procuring a child under 16 to take part in an indecent act and production
of child pornography, was originally sentenced to one year and eight months in prison,
must now serve four years' jail.

She will be eligible for parole after serving two years and eight months.

Justice David Ashley dissented, ruling the original sentences were appropriate.

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KEYWORD: MOTHER

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