Director of Public Prosecutions (Cth) v Frendo
[2019] VCC 1548
•26 September 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-00546
| DIRECTOR OF PUBLIC PROSECUTIONS (CTH) |
| v |
| JUSTIN FRENDO |
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JUDGE: | HER HONOUR JUDGE DAVIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10 September 2019 | |
DATE OF SENTENCE: | 26 September 2019 | |
CASE MAY BE CITED AS: | DPP (Cth) v Frendo | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1548 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Import a marketable quantity of a border controlled drug (5 charges) – possession of a drug of dependence (5 charges) – dealing with property reasonably suspected of being proceeds of crime (1 charge) – possession of a controlled weapon without exemption or approval (2 charges)
Legislation Cited: Control of Weapons Act 1990 (Vic); Criminal Code 1995 (Cth); Drugs, Poisons and Controlled Substances Act 1981 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:R v Nguyen (2010) 205 A Crim R 106, Phommalysack v The Queen (2011) 31 VR 673, Dunning v Tasmania [2018] TASCCA 21, DPP (Cth) v Thomas; DPP (Cth) v Wu (2016) 53 VR 546, Haddara v The Queen [2016] VSCA 168, R v Verdins (2007) 16 VR 269.
Sentence:Imprisonment for a period of 4 years and 1 month with a non-parole period of 2 years and 8 months
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APPEARANCES: | Counsel | Solicitors |
| For the CDPP | Mr J Dickie (Plea) Ms N Kohn (Sentence) | Commonwealth Director of Public Prosecutions |
For the Accused | Mr J Moore | Dessi Legal |
HER HONOUR:
1 Justin Frendo, you have pleaded guilty to five charges, (Charges 1-5), of importing a marketable quantity of a border controlled drug, contrary to subsection 307.2(1) of the Criminal Code 1995 (Cth), for which the maximum penalty is 25 years’ imprisonment and/or a fine of $1,050,000.
2 You have also pleaded guilty to five charges, (Charges 6-10), of possession of a drug of dependence, contrary to Section 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) for which the maximum penalty, (if the court is not satisfied on the balance of probabilities that your possession of those drugs is not committed for any purpose relating to trafficking), is five years’ imprisonment and/or a fine of $64,476.
3 Finally, you have pleaded guilty to one charge, (Charge 11) of dealing with property reasonably suspected of being proceeds of crime, contrary to Section 400.9(1A) of the Criminal Code 1995 (Cth), for which the maximum penalty is two years’ imprisonment and/or a fine of $25,200.
4 You have also consented the uplifting of, and pleaded guilty to, two summary charges of possession of a controlled weapon without exemption or approval,[1] for which the maximum penalty is two years’ imprisonment and/or a fine of $38,685.60.
[1]Contrary to s 5AA of the Control of Weapons Act 1990 (Vic).
Circumstances of offending
5 The circumstances of your offending are set out in detail in the summary of prosecution opening for plea hearing, which was tendered at the hearing, and I sentence you on the basis of the facts set out in that document. I summarise those briefly.
6 The offending the subject of Charges 1-5, concerns your conduct on five occasions between December 2017 and July 2018, in which you imported border controlled drugs, namely methamphetamine and MDMA, hidden in various articles, through the postal services. The articles containing the drugs were mailed to your residential premises in Warragul. On each occasion, the parcel containing the drugs imported was intercepted prior to being delivered. When analysed, each of the importations involved drugs of over 82 per cent purity.
7 Charges 1, 2 and 5 concern importations, (but for interception of the packages), respectively, of a marketable quantity (that is, 2 grams or more) of 140.34 grams, 364.36 grams and 95.6 grams of pure methamphetamine; that is, a total of 600.3 grams of that drug.
8 Charges 3 and 4 concern importations, (but for interception of the packages), respectively, of a marketable quantity (that is, 0.5 grams or more) of 22.7 grams and 102 grams of pure MDMA; that is, a total of 124.7 grams of that drug.
9 On the morning of 9 August 2018, police conducted a controlled delivery of a mail article to your home. You were told there was a parcel for you and confirmed your name. You then went inside, retrieved and produced your driver’s licence and took receipt of the mail article.
10 A few minutes later, police entered your home and produced a search warrant. You fled the premises, carrying a drawer from the computer desk in your bedroom and jumped your neighbour’s fence. You were apprehended nearby shortly afterwards carrying an iPhone in your trousers.
11 Police then searched your home where they found the parcel that had just been delivered, along with drugs of dependence, alleged to have been unlawfully possessed by you, namely 2.7 grams of pure methylamphetamine which is (Charge 6); 3.2 grams of pure MDMA which is (Charge 7), 22 oxycodone pills (Charge 8), 33 alprazolam pills (Charge 9); and 2.79 grams of pure ketamine in powder and crystals which is (Charge 10). Police found a total of $1,353.50 in cash on the premises, which is the subject of (Charge 11), as well as a laser pointer (Summary Charge 22) and three Taser devices, which is the subject of (Summary Charge 23).
12 Police also located drug paraphernalia including zip lock bags, post parcels and express post tracking stickers and nine glass tubes in a post parcel addressed to you. The prosecution allege that at least the bulk of the drugs possessed by you were not therefore for your personal use. Additionally, a search of the master bedroom revealed a large TV screen set up to display real-time CCTV footage of the front door and footpath outside, consistent with you taking precautions if police or others attended your home.
13 The contents of the drawer which you took with you upon fleeing the premises, contained among other items, a wallet which contained your identification and an Australia Post PayWay debit card with “Aus Piano Man” written on the bottom.
14 A week later, under warrant, police accessed the contents of your iPhone. The phone had been used by you under the alias “Aus Piano Man”, and contained photographs and videos which linked you to some of the imported consignments, and revealed searches of various drugs on the dark web. You had also installed the Wickr messaging application, which allowed you to exchange end-to-end encrypted and content-expiring messages, which disclosed references to drugs (including methamphetamine, MDMA, Xanax, Kalma and Ketamine), prices, quantities and photographs, as well as references to DHL and other postal services and the anticipated arrival of drugs. There were also photographs and videos linking you to some of the imported consignments.
Procedural history
15 On 9 August 2018, you were arrested and interviewed by police. You mainly exercised your right to make no comment.
16 You confirmed you had lived at the address to which the consignments had been delivered for around three years and at that time, were living by yourself. You said it sounded like someone had used your name and details when you were asked why a mobile number in your name was attached to four or five consignments of imported drugs. You stated you had a prescription for OxyContin for a recurring bowel infection. You would not comment on the writings on envelopes containing, for example, express post tracking numbers. You said that you did not know the OxyContin pills were in your bedroom, and that you did not have a prescription for Xanax.
17 You were remanded into custody. Not including today, I understand that you have spent 413 days in pre-sentence detention.
Personal circumstances
18 Your personal circumstances were set out in the psychological report of
Mr Jeffrey Cummins dated 29 August 2019 and may be briefly summarised.
19 You are now 30 years old and were aged between 28 and 29 years at the time of the offending.
20 You were born and raised in Moe by your parents. Your father owned and operated a car detailing business. Your mother was primarily a homemaker, but also worked part-time as a receptionist and book-keeper. You have an older sister and a younger brother. Your family life, up until the age of 14, was unremarkable and characterised by stability, love and care. You were not subject to drug and alcohol exposure, abuse or family violence. Your family remained anchored in the Latrobe Valley.
21 Your parents separated when you were aged 14. Your father moved to Perth to take up work in the mines as a trades assistant, and you have maintained regular contact with him since that time. He has moved back to Victoria to support you after becoming aware of the criminal charges in this matter. Your mother re-partnered with another man when you were aged around 15. He has also been a positive father figure to you since that time. Each of your parents has remarried. You are close to your brother and sister. None of your family has a history of mental health problems, drug use or gambling.
22 You were educated at Lowanna College and completed your VCE in 2006. You completed your studies without interruption and had no behavioural or truancy problems. After completing secondary school, you started a six-month electrician pre-apprenticeship at TAFE, but struggled to find employment as an apprentice, as you were 18 years old and competing with the younger apprentices who were paid less.
23 Between 2007 and 2012, you worked in customer service roles at two separate petrol stations, Coles Express in Trafalgar and Mobil in Moe. You lived at home until 2010. In 2014, you commenced work as a sales assistant for Aussie Farmers Direct based in Clayton. You were living in Warragul at the time and would commute 85 kilometres each way. You did this work for 18 months. You completed a Certificate IV in Warehousing in 2015.
24 In 2016, you started working as an insurance claims processor with Toyota Lexus Insurance in Warragul. You were on the verge of being promoted to a management position in 2017, when your employer learned of your pending criminal charges and asked you to leave. You have had limited employment in the Latrobe Valley since 2017, due to your criminal history and to your unpaid community work obligations under a community corrections order (‘CCO’).
25 You have had one significant relationship, with a woman you met in 2011. You had two children together, (who are now aged four and six years) and lived in Warragul as a family until 2017. You looked after the children when you partner was working. You separated for a time, and were intending to resume life together. However, that reconciliation did not occur because of your offending and is now unlikely to occur. Your children live with their mother in the Latrobe Valley. Your father and children have visited you regularly.
26 Your mother was diagnosed with cancer earlier this year and her condition is now in remission following successful treatment. You are very close to her and speak to her daily. You plan, when released, to live with her in Moe on a large property where your children will be able to visit you. You plan to obtain factory or warehousing work on the outer fringe of Melbourne, using your Certificate IV qualification in warehousing.
27 Your father has moved back from Perth to support you, and now lives in Boronia with his wife.
28 You have a limited criminal history, with appearances in the Magistrates’ Court in 2012, for drug possession, including methylamphetamine, and possession of prescription drugs, for which you were fined; and in April 2014, for drug trafficking (amphetamine, MDMA) and drug possession, for which you received an aggregate sentence of one year’s imprisonment, wholly suspended. In August 2017, you were placed on an 18 month community corrections order for possession of methylamphetamine. At the time of your arrest for the current offending, you had completed 210 out of 250 hours of community work and had been complying with treatment conditions.
29 This is the first time you have been in custody. You have been working as a store billet and although you have had limited access to courses whilst on remand, you have completed courses including a Certificate II in Small Motors and a course in occupational health and safety. You were regularly visited by your children until you returned a drug contaminated urine sample in July 2019, after which you lost contact visits for a period of six months. However, due to good behaviour, you have now been told that you will soon be eligible for one contact visit per month. You have been taking the antidepressant, Mirtazapine, since your arrest.
30 You told Mr Cummins that you have had a gambling problem since the age of 25, and often gambled daily online. You told him that you gambled in order to manage your feelings of anxiety, depression and low self-esteem. For some years, your relationship with your partner had bolstered your self-esteem. The frequency of gambling declined for a short period, then increased when there were tensions with your partner, Courtney. You would typically gamble between $200 and $600 per day, and funded your habit through the sale of drugs. You did not tell anyone about your gambling, nor seek treatment for it. You took the antidepressant Mirtazapine for about six months or so from late 2016. You abused Xanax, which you obtained on the black market through the mail to help you sleep and to control your anxiety. You also abused Oxycontin which had been prescribed for you for your intermittent bowel infections.
31 After your relationship with your partner broke down in 2017, you felt depressed and had psychological counselling on a monthly basis until your arrest. You resumed experimenting with methamphetamine and cocaine and regularly used those drugs until your arrest. You told Mr Cummins you have never had drug counselling or undertaken any residential drug rehabilitation. There is no longer any prospect of reconciliation with your former partner.
32 You told Mr Cummins that you felt optimistic about your ability long term to abstain from drug-taking, but were not confident about your ability to stop gambling. You told him that you offended partly because of your own drug dependence on methamphetamine and cocaine, and partly to fund your gambling addiction. You admitted that you knew what you were doing was wrong during the period of your offending. You showed limited insight into the fact that your offending gave you some relief from anxiety and depression and in turn, bolstered your self-esteem.
Prosecution submissions
33 The prosecution submitted that in relation to all of the charges, you played the primary role. Your offending spans almost three months and was calculated and persistent in that there were five importations, albeit that each delivery was intercepted. It was conceded that your offending was not sophisticated in that four of the packages were sent to your address in your name. On the other hand, on each occasion, the drugs were secreted in another item to avoid detection. You would have been aware that this would occur. It was submitted that the volume of drugs which, but for interception, would have been imported, that is, 600 grams of pure methamphetamine, is three hundred times the marketable quantity and 80 per cent of the commercial quantity of that drug, and is there a significant amount of that drug. In addition, the volume of pure MDMA involved is two hundred and ninety-four times the marketable quantity and almost 25 per cent of the commercial quantity of that drug. It was submitted that the drugs involved were valuable and that your offending was motivated by profit.
34 The prosecution made a number of concessions. First, that your offer to plead came at an early stage in (May 2019) and that the matter resolved on 1 July 2019 well prior to trial, (which was listed to commence in April 2020). Second, that you have indicated you regret your offending. However, it was submitted that you showed no insight into the damage the drug trade has on the community. Third, that the mental health issues, including drug dependence and gambling addiction, provided context for your offending, but it was noted that your counsel did not claim that it should impact on your sentence. Fourth, that the summary charges and charges relating to possession all relate to offending on the same day, so there should be some concurrency between the sentences imposed on those offences.
35 It was submitted that an aggravating feature of your offending was that it was committed while you were on a community corrections order for similar offending; and that it occurred only four months after you were sentenced for that offending. This repeated offending indicates that you have little insight into your offending or its consequences. For this reason, it was submitted, the court should have reservations about your prospects of rehabilitation, despite your guilty pleas.
36 In relation to the weapons offences, it was submitted that there was no evidence that you possessed them for any potential legitimate purpose.
37 Finally, the prosecution referred me to a number of cases setting out the relevant sentencing principles and I will refer to some of these below very briefly. The prosecution submitted that it was open to the court to impose an aggregate sentence in respect of each set of Commonwealth and state charges.
Plea
38 Your counsel relied on the opinion of Mr Cummins to the effect that you suffer from drug dependence and from a gambling disorder which require treatment. Mr Cummins considered that you require ongoing mental health treatment in order to better understand the source of your anxiety and dependency. He considered that this, in turn, will improve your chances of remaining drug free and abstaining from gambling, which in turn will reduce the risk of your reoffending. However, he acknowledged that apart from continuing to take the antidepressant Mirtazapine, you are unlikely to receive other mental health treatment whilst in prison.
39 Through your counsel, you provided four references. Your father writes that you were bright at school and have been a great father to your children. Your father has moved back to Melbourne from Perth with his wife in order to be here to support you and your children. He travels over four hours each fortnight to visit you and will continue to support you, while you are incarcerated and upon your release.
40 Your mother writes that you were raised in a loving and supportive environment, that she was proud when you completed VCE and became a father, and that she was shocked and shattered by your offending. You have expressed remorse to her for your offending and indicated that you plan to make a new life for yourself upon your release. Since your arrest, she has been diagnosed with breast cancer, undergone surgery, and is currently having chemotherapy which will be followed by radiotherapy. She says that you have made some poor choices in your offending, but have learned valuable lessons. She says that you have a very strong family network supporting you and that you hope to work with troubled youths in the future.
41 Your older sister writes that she has always been close to you. You have always turned to her when you have make mistakes, and, even when you have made poor decisions, she has supported you. She says that you are a caring and supportive brother and son, and a devoted father to your two children, with whom you speak daily. She says that you have accepted full responsibility for your offending and realise the impact it has had on the family. You hope while in prison, to study so that when released you can work with troubled youth.
42 Your former partner writes that you have remained a part of the children’s lives since your separation. You would often care for the children when she worked, and would attend their special events at school, as well as taking them out on weekends. You speak to them daily and send them letters and drawings. She brings them to visit you. She has no doubt that you love your children and that it makes you sad when they have to leave.
43 Your counsel conceded the seriousness of your offending and that it calls for a disposition involving a term of imprisonment and the fixing of a non-parole period. It was submitted that you should be given a lengthy period of supervision on parole. The matters relied upon in mitigation are your plea of guilty; your mental health and drug and gambling addictions; and the need for rehabilitation. It was submitted that you offended alone and not as part of a larger syndicate, and that this lessens the objective seriousness of your offending. It was submitted that given the modest quantities of drugs, the subject of the possession charges, the court should find on the balance of probabilities that you possessed the drugs, not for the purpose of trafficking, but rather, in the light of Mr Cummins report, for personal use.
44 It was submitted that you used drugs and gambled against a background of persistent depression and anxiety since leaving school. Your mental health, drug and gambling dependence are connected to your offending and should be treated so as to lessen the risk of your reoffending in the future. It was submitted that your prospects of rehabilitation are good because of your strong work history, strong family support and longstanding ties to the Latrobe Valley, motivation to rehabilitate for your young children, and your activities in custody, that is (working as a store billet and undertaking courses). This is your first time in custody and you have failed one urine test, but have recovered some of your visitation privileges, due to good behaviour since then.
Sentencing principles
45 Importing border controlled drugs is considered to be very serious offending. The importation and distribution of illicit drugs in Australia causes great social harm. The offending is often difficult to detect.[2] Two important indicators of the objective criminality of the offending are the role played by the offender, and the scale of the importation.[3]
[2]R v Nguyen (2010) 205 A Crim R 106, 127 [72(g)] approved and adopted in Nguyen v The Queen; Phommalysack v The Queen (2011) 31 VR 673, 681–3, [34] (Maxwell P).
[3]Ibid, [72].
46 In sentencing offenders, general deterrence and denunciation are to be given considerable weight and, in the main, must overshadow mitigatory factors and circumstances including a lack of prior convictions.[4] In sentencing offenders for importation offences, which are Commonwealth offences, the court is required to have regard to sentencing practices across the nation. Identification of like or comparable cases will only be useful if accompanied by an “articulation of what are to be seen as the unifying principles which those disparate sentences may reveal”;[5] and the court is not restricted to a consideration of the sentences in cases referred to by parties.[6] The sentence for those who import border controlled drugs, particularly methamphetamine,[7] must be sufficiently severe to deter those who might otherwise be tempted to become involved in such activities. The financial rewards, whether they be by way of offsetting the cost of the purchase of their own drugs, or by selling to others, or by making a profit over and above that, must not be seen to outweigh the risk of punishment.
[4]Dunning v Tasmania [2018] TASCCA 21.
[5]DPP (Cth) v Thomas; DPP (Cth) v Wu (2016) 53 VR 546, [178].
[6]Ibid, [183]
[7]As outlined in Haddara v The Queen [2016] VSCA 168, [49].
47 As noted by the Court of Appeal in Haddara, methamphetamine is a scourge on society, not just because it is potentially harmful to the users of it, but also because it often provokes violent, dangerous and reckless behaviour in users, which in term causes immeasurable harm to the community.[8]
[8]Ibid.
48 In sentencing you on the State charges, the principles of denunciation, just punishment, general and specific deterrence are also to be given weight.
49 In sentencing you overall, I have had regard to the sentencing principles of parsimony and totality.
Analysis
50 I turn first to the importation offences. Objectively, your offending is serious. Whilst not particularly sophisticated, it was planned and executed by you alone, and the quantities involved suggest that the purpose of the offending was principally for the purpose of profit for you. The offending involved secretion of the drugs in other items. It involved five transactions or putative deliveries, across seven months. The quantities of the drugs involved was substantial: 600 grams of methamphetamine in total, which was three hundred times the marketable quantity and 80 per cent of a commercial quantity of that drug; and 124.7 grams of MDMA in total, which was two hundred and forty-nine times the marketable quantity and 25 per cent of a commercial quantity of that drug. I accept that you were effectively a sole trader, and not part of a larger syndicate importing huge quantities of the drugs.
51 I also accept that your current offending occurred against a context of longstanding and untreated anxiety and depression, which was associated with drug dependence and addiction to gambling, and psychological vulnerability after the breakdown of your relationship with the mother of your two children. However, no submission in relation to Verdins[9] was made on your behalf, and I conclude that these circumstances do not mitigate your culpability.
[9]R v Verdins (2007) 16 VR 269.
52 Given the quantities involved, the number of transactions involved, and your primary role in the importations, the principles of denunciation, just punishment, specific and general deterrence loom large in your case and dictate the imposition of a substantial period of imprisonment for Charges 1 through 5.
53 In relation to the possession charges, I note that the quantities of drugs involved are relatively modest, and that your drug dependence included abusing Oxycontin, Alprazolam, methamphetamine and cocaine. However, the search of your home revealed not only the drugs, but drug paraphernalia, including zip lock bags, post parcels and express post tracking stickers and glass tubes in a post parcel addressed to you, as well as amounts of cash and four controlled weapons. I note that the quantity of MDMA appears to have just exceeded a trafficable quantity, and that the quantities of methamphetamine and Ketamine were just below a trafficable quantity of each of those drugs. In these circumstances, I am not satisfied on the balance of probabilities that your possession of the methamphetamine, MDMA or Ketamine was not committed for any purpose related to trafficking. I am so satisfied, however, in relation to your possession of Alprazolam and Oxycontin, given the small amounts of those drugs. I consider that the cash found at your residence represents the proceeds of sale of the drugs imported by you.
54 I note that you have prior convictions in 2012, 2014 and 2017 for drug possession, and one prior conviction in 2012, for possessing a prohibited weapon. Specific deterrence remains an important sentencing consideration in relation to these charges, along with the other relevant considerations of denunciation, just punishment, and general deterrence.
55 An aggravating feature of the offending overall is that it began only four months after you were sentenced to a community corrections order for possession of methamphetamine. The fact that you have prior convictions for similar offending, have further offended in breach of a community corrections order and undertaken a series of importations for a commercial purpose, makes specific deterrence a relevant sentencing consideration. However, I take into account that you have been complying with the treatment conditions of the community corrections order and had completed 210 out of 250 hours of unpaid community work. I also take into account the opinion of Mr Cummins that you require mental health treatment for your underlying anxiety and depression, and also for your drug dependence and gambling addictions.
56
I consider that you are entitled to a significant discount for your relatively early offer to plead guilty. Your plea has utilitarian benefit in sparing the expense and inconvenience associated with a trial. It is also evidence of your remorse and I note that in addition, you have expressed remorse for your offending to
Mr Cummins and to members of your family.
57 I note that you have spent your time on remand productively, working as a store billet and completing some courses. Your return of a positive urine screen highlights the challenges you face in your rehabilitation. I accept that you have never been in custody before in relation to your prior criminal history. However, that prior criminal history and the escalation of the seriousness of the offending, as well as the fact that you offended more seriously whilst on a community corrections order for related offending, tempers the assessment of your prospects of rehabilitation.
58 I consider, therefore, that your prospects of rehabilitation are not as high as “good”, as was submitted by your counsel, but that they are reasonable, provided you engage with mental health treatment as well as treatment for your drug dependence and gambling addiction. You have a solid work history, strong family support, and strong motivation to rehabilitate because of your two young children, although I note that these factors were present prior to your offending. I note that you had engaged with mental health treatment prior to this offending.
59 It was common ground that it is open to me to impose an aggregate sentence in respect of the Commonwealth charges, as they involve a course of similar conduct over a period of time, as well as to impose an aggregate sentence in respect of the State charges, as these all arise from the items recovered during the execution of the search warrant on 9 August 2018.
60 I propose to sentence you as follows. Would you please stand.
61 On Charges 6, 7, 8, 9 and 10 on the indictment, and Summary Charges 22 and 23 (‘the State charges’), I impose an aggregate sentence of three months’ imprisonment. On Charges 1, 2, 3, 4, and 11, (‘the Commonwealth charges’), I impose an aggregate sentence of four years’ imprisonment. I intend that there be cumulation of one month of the aggregate sentence imposed on the State charges, upon the sentence imposed on the Commonwealth charges. To give effect to that intention, I direct that the sentence imposed for the Commonwealth charges is to commence one month after the commencement of the sentence imposed on the State charges. The total effective sentence across the State and Commonwealth charges is therefore one of four years and one month's imprisonment, with non-parole period of two years and eight months.
62 I indicate pursuant to s.6AAA of the Sentencing Act 1991, that but for your plea of guilty, I would have imposed a total effective sentence of six years and four, months’ imprisonment, with a non-parole period of four years for the State and Commonwealth charges.
63 I declare that you have served a period of 413 days in pre-sentence detention and direct that this period is to be entered into the court records and deducted administratively from the sentence to be served. I mean to enquire as to whether the prosecution maintains the orders sought for forfeiture?
64 MS KOHN: I can indicate that forfeiture has been consented to and a consent to relinquish the goods has been signed by Mr Frendo.
65 HER HONOUR: All right, so do I need to make any orders?
66 MS KOHN: No order's required.
67 HER HONOUR: Thank you. All right, now subject to the mathematics being correct, are there any other matters?
68 MS KOHN: No, Your Honour.
69 HER HONOUR: No.
70 MR MOORE: No, Your Honour.
71 HER HONOUR: No, all right. Thank you. We will adjourn. Thank you.
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