Judge admits to legal 'error' that started 'brutal nightmare of injustice' of re-sentencing serial sex offender

CONTENT WARNING: This article includes details of childhood sexual abuse.

A court has heard details of the “cascading” impacts of sexual abuse after a legal mix-up means it has to re-sentence a convicted serial child sex offender.

Stephen Leonard Mitchell sexually abused six girls over a period of 14 years between the mid-1990s and late 2000s when he held various positions that involved working with and coaching children in Canberra.

The ACT Supreme Court initially sentenced him to a total of 13 years and five months jail in 2023. He later launched an appeal against his sentence.

His lawyers argued Supreme Court Justice David Mossop had erred by sentencing him incorrectly, using the higher maximum penalty at the time of his sentencing rather than the existing penalty when he committed his crimes.

During a sentencing hearing on Tuesday (27 August), Justice Mossop acknowledged there had been “lots of criticism” over the development, “but I was the one who made the error”, he said.

Part of a recorded telephone call between Mitchell and one of his victims on the day of his arrest in 2022 was played to the court for the first time.

During the call, Mitchell refused to apologise for his behaviour, telling her there was “never anything untoward that I did or attempted to do”.

He said he was “flabbergasted” by the allegations and “I don’t see that I have anything to apologise for”.

Mitchell said the allegations were “wrong, inaccurate and unfounded” and that he “did not do any of the bits and pieces that were there”.

He also denied the woman’s claim he stopped “talking” to her when she was at her peak, saying that “couldn’t be further from the truth”.

“I wanted everyone to achieve and succeed,” he said.

During the hearing, Director of Public Prosecutions Victoria Engel SC asked the court to consider Mitchell’s denials when determining if his behaviour was “consistent with genuine remorse” or if he was “downplaying this conduct”.

Several survivors of Mitchell’s abuse also read victim impact statements detailing the ongoing trauma they experienced as a result of his abuse.

“We watched countless sunsets together – me wrapped in your arms. But that’s not where I should have been,” said one of the women.

“I should have been a kid, doing kid things with other kids. Not desperately covering up my involvement with you.”

During the sentencing hearing, she also addressed Mitchell directly, saying, “I am not a list of symptoms and sadness. Don’t think that this statement is my whole life story.

“My childhood may have followed your direction to your depraved destination. But I made my way back.”

A family member of another of Mitchell’s victims also read a victim impact statement where she spoke of the impact waiting for Mitchell’s re-sentencing had on the family.

“For 27 days after the sentence was delivered, it seemed like I was holding my breath. When the appeal timeframe passed, and no appeal was made, I was relieved,” she said.

However, they entered what she termed an “unrelenting, brutal nightmare of injustice” when the re-sentencing process began.

Ms Engel said these victim impact statements showed the “cascading impact” of child sexual abuse.

On Tuesday, the court also heard discussions over character references submitted on behalf of Mitchell.

Ms Engel argued the positive references showed the “continued manipulation” from Mitchell, as “those closest to him are still forming the view he is just someone who made several bad decisions several years ago”.

Justice Mossop is expected to re-sentence Mitchell on Thursday (29 August).

If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732.

Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, and Lifeline on 13 11 14. In an emergency, call Triple Zero.