County Court amends policies that allowed Jeffrey ‘Joffa’ Corfe to walk free

Big changes to broken procedures that helped pedophile and former Collingwood super fan Jeffrey “Joffa” Corfe avoid jail are expected to make “a huge difference” to victims of crime.

Almost a year after pedophile and former Collingwood cheer squad leader Jeffrey “Joffa” Corfe controversially avoided jail, the County Court has amended the broken procedures that helped set him free.

In a move described by Victoria’s leading victims of crime advocate as “a huge difference”, the “Joffa’s rule” will likely impact every criminal court in the state.

The Herald Sunrevealed in March last year, Corfe received only a suspended sentence for the 2005 rape of a 14 year old boy, after his lawyers submitted misleading “good character” references during sentencing, sparking widespread criticism.

One undated reference came from the former fundraising manager of the Epilepsy Foundation, Jeremy Maxwell – who said it was “appalling” that a years-old reference was relied on it court without his knowledge.

Mr Maxwell said he only became aware the documents had been used when contacted by the Herald Sun.

Jeffrey ‘Joffa’ Corfe leaves the County Court after pleading guilty to sexual penetration of a child under 16. Picture: Andrew Henshaw

But following reporting by this masthead, and a meeting of the Victims of Crime Consultative Committee late last year, the County Court has since changed their Practice Notes — a document that outlines the court’s procedures and guidelines.

“Joffa’s rule” will mean that in future cases, character referees must state their knowledge of the offending, and be aware their reference will be used during sentencing.

The document must also include the correct date and referee’s current contact information — details that were not previously a requirement.

Another reference relied upon in the Corfe case was purportedly signed by the late Father Bob McGuire and was believed to have been organised by Corfe’s lawyer and a staff member the Father Bob Foundation.

The document was dated prior to Corfe’s guilty plea, and when contacted by the Herald Sun last year, Father Bob had no knowledge of the reference.

Neither reference was challenged by the Office of Public Prosecutions, and were then accepted by Judge Gerard Mullaly for the pedophile’s sentencing.

Corfe’s victim, Alex Case (who has given permission for his name to be used) has said he was left “scarred” by the case, and described the acceptance of the references as a “miscarriage of justice”.

The County Court has amended the broken procedures that helped ‘Joffa’ avoid jail. Picture: Getty Images

The changes to character references were signed off by Judge Mullaly — in his role as head of the court’s criminal division.

Alex Case described the new procedure as a “good start”.

“I’m encouraged the County Court has finally acknowledged the importance of ensuring the validity of character references,” he said.

“But I believe all references should be given under oath — whether in court or in the form of a statutory declaration — so that other victims aren’t unnecessarily re-traumatised like I was.”

Mr Case also questioned the use of any character reference for people who offend against children.

“Perpetrators often use ‘good character’ to gain access and groom their victims,” he said.

The change is now likely to have an impact on all criminal courts in Victoria.

The Supreme Court has told the Herald Sun it’s looking at similar amendments and hopes to have the changes finalised shortly.

The changes are likely to have an impact on all criminal courts in Victoria. Picture: Andrew Henshaw

And the Magistrates’ Court says it’s also considering its own procedures.

Changes to the County Court Practice Notes were dated three days before Christmas, seemingly without public announcement.

They declined to comment to the Herald Sun.

The court has never publicly acknowledged any errors around the Corfe case, and the OOP did not appeal the sentence, even after learning of the misleading references.

Victims of Crime Commissioner, Fiona McCormack, who had been pushing for change around the use of references, said the Count Court’s amendments would “make a huge difference”.

“I know it had a devastating effect on victims,” she said. .

“And I hope (the courts) continue to listen to victims of crime to improve the process to reduce the level of trauma when they go through the justice system.”

Last year, the government resisted all calls to change laws around character references, believing the issue to be a matter for the courts.

A spokesman for the state government said the Attorney-General Jaclyn Symes supports the County Court’s revised practice.

Jeffrey Corfe has not served any jail time and now lives in Queensland.