The maximum penalty available to a judge when sentencing a former Christian Brother who assaulted 19 students will likely disappoint survivors of the offending, a court has heard.

Edward Dowlan, who now goes by the name Ted Bales, faced the County Court of Victoria for the second day of a plea hearing on Friday, facing 33 charges.
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Crown prosecutor Brett Sonnet said the maximum penalty for indecent assault was five years' imprisonment, as that was the penalty at the time of the offending between 1971 and 1988.
"That provides a constraint in this matter," he said.
"The maximum penalty for these types of offences has significantly increased over the years, but that increase does not apply in this sentencing exercise."
Five of the charges relate to offending that happened in Ballarat when Dowlan was teaching at St Alipius Primary School and St Patrick's College between 1971 and 1974.
The overall offending involves a pattern of behaviour in which he sough to gratify his own sexual desires at the expense and welfare of his students.
- Brett Sonnet, Crown prosecutor
Dowlan, now 72, was aged between 21 and 38 during the entire period of offending against the 19 boys, which also happened in Melbourne, Warrnambool and Geelong.
One boy in Grade 4 in Ballarat in 1971 was regularly sexually abused by Dowlan after he was punished with the strap.
Dowlan would strike the child, then move close and hug him before sliding his hands down the child's pants.
Another child in Ballarat was sexually abused during a movie night for boarders.
The victim survivor first disclosed what Dowlan had done to him to the Royal Commission in 2016 and then made a statement to police in 2021.
Another survivor was boarding at St Patrick's College and said Dowlan would make him feel 'special' when he would patrol the corridors at night.
One night Dowlan went into the boy's room when all of the other children were asleep and slid his hands under his sheets and pyjamas.
Another survivor who attended St Patrick's College was sexually abused when he was on a Year 7 school camp at Creswick.
The boy became upset and told his dad about what Dowlan had done when he got home.
The boy's father reported it to the principal but he was never spoken to about it.
Mr Sonnet said the offending was 'cruel, wicked, persistent, open and brazen'.
"Your Honour is now is in a position to step back and look at the overall offending he has engaged in over a significant period of time," he said.
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"The number of victims now totals 50.
"The overall offending involves a pattern of behaviour in which he sough to gratify his own sexual desires at the expense and welfare of his students.
"It was disgraceful behaviour for a teacher and was accompanied by corporal punishment which was a device used by the accused man to commit further sexual acts."
Mr Sonnet said the offending involved a serious breach of trust and that was an aggravating factor.
"The Crown submits there is a high degree of premeditation," he said.
"The accused often engineered situations in which the abuse could occur. That is an elevation of the gravity of these offences."
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Dowlan grew up in Ballarat.
Judge Greg Lyon said it would take him some time to work out an appropriate sentence in the case.
It was adjourned to a later date. Dowlan will remain in custody.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.