DPP v Bulduk [2017] VCC 324

Sentence summary: Rape

On two separate occasions the offender entered a home intending to rape a victim he knew to be present. On the first occasion he confronted the victim knowing she was alone in the house. Naked but for a balaclava and armed with a knife, he took her to her bedroom, bound her hands and mouth with tape and raped her vaginally, causing stitches to break from recent vaginal surgery. He threatened to kill her and then told her to clean herself up. He then penetrated her mouth and anus with his penis. The second occasion occurred two months later when he climbed in the bedroom window of a 16-year-old schoolgirl who was sleeping in her family home. He had been watching the house for hours. He was wearing a balaclava. He pinched the second victim’s nose and threatened to hit or kill her if she made a noise. He raped her orally and vaginally and left after ejaculating on her stomach.

The offender pleaded guilty to six charges of rape and to two charges of aggravated burglary.

The judge found it was very serious offending at the upper end of seriousness for the crime of rape. It was planned and premeditated. He threatened violence to his victims and did carry out a measure of violence that humiliated and terrified his victims, who both suffered profound ongoing trauma. He did not use a condom. The fact he was on the drug ice at the time did not excuse it in any way. His behaviour was that of a sexual predator.

Some factors in mitigation could be relied on by the offender including his early guilty pleas and remorse, his previous good character and reasonable prospects of rehabilitation.

As a serious sexual offender, however, protection of the community from the offender must be the principal purpose for which the sentence is imposed. General and specific deterrence and denunciation were also to be given weight in sentencing.

The offender was sentenced to a total effective sentence of 18 years’ imprisonment with a non-parole period of 13 years.

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Page last updated: 26 August 2018