Director of Public Prosecutions (Cth) v Jenkins

[2024] VCC 1138

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
 Suitable for Publication

Case No. CR-22-02307

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

v

DILARA JENKINS

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	17 July 2024
DATE OF SENTENCE:	26 July 2024
CASE MAY BE CITED AS:	DPP (Cth) v Jenkins
MEDIUM NEUTRAL CITATION:	[2024] VCC 1138

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Dishonestly obtain financial advantage by deception from the Commonwealth – Social security fraud – Relevant criminal history – Delay – Verdins principles 2, 3 5 and 6 – Bugmy – Prospects of rehabilitation assessed as positive – Recognisance release order.

Legislation Cited:      Criminal Code (Cth) s 143.2(1); Crimes Act 1914 (Cth) ss 16A(1), 16A(2), 20(1)(b); Sentencing Act 1991 s 6AAA.

Cases Cited:R v Hawkins (1989) 35 A Crim R 430; Mohamed v The Queen [2022] VSCA 136.

Sentence:                  Imprisonment for a period of 3 years, to be released forthwith and upon giving a recognisance in the amount of $5,000 to be of good behaviour for a period of 3 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr L Mahon	Commonwealth Director of Public Prosecutions
For the Accused	Ms K Mildenhall	Dribbin & Brown Criminal Lawyers

HIS HONOUR:

Introduction

1Dilara Jenkins, you have pleaded guilty to four charges of dishonestly obtain a financial advantage by deception from the Commonwealth, contrary to section 143.2(1) of the Criminal Code (Cth), which carries a maximum penalty of 10 years imprisonment (Charges 1, 2, 3 and 4).

2All four charges are course of conduct charges.

3You have also admitted your criminal record.

Circumstances of the offending

4A prosecution opening was tendered on the plea and may be summarised as follows:

5You are also known as Dilara Ellis, Dilek Berdilek, Dilek Dilara Berdilek and Dilara Denizli.

6Between 23 June 2014 and 20 April 2021 you were simultaneously in receipt of social security benefits from Services Australia (Centrelink) in the names of Dilara Denizli and Dilara Ellis. As a result, you dishonestly obtained $182,495.73 from the Commonwealth (Charges 1 to 3).

7Between 23 May 2017 to 26 July 2021, you falsely represented to Centrelink you were single when in fact you were a member of a couple. As a result, you obtained social security benefits at a rate higher than that to which you were entitled and dishonestly obtained $33,355.84 from the Commonwealth (Charge 4).

8In total, you dishonestly obtained $215,851.57 from the Commonwealth.

Claiming a social security benefit

9A claim for social security benefits must be supported by information and documentation proving the claimant’s identity, age, residence and marital status, as well as, in some cases, the income and assets of their partner and any dependants. Upon a claim being lodged, Centrelink check whether the claimant or their partner is already in receipt of benefits.

Charge 1

10Austudy is payable to a person of 25 years of age or more, who is undertaking a full-time course of study or full-time Australian Apprenticeship, meets residency requirements and is present in Australia when claiming.

11Your birth name was Dilek Berdilek. On 15 November 2007, you changed your name to Dilek Dilara Berdilek. On 4 November 2011, you changed your name to Dilara Denizli. You registered each of those changes of names with the Victorian Births, Deaths and Marriages Registry.

12On 28 February 2013, you lodged a claim form for Austudy in the name of Dilara Denizli. In that form, you represented that you had not been known by any other names.

13On 13 March 2013, you opened a Bank of Melbourne account in the name Dilara Denizli for an account number ending 4431 (‘Denizli Bank of Melbourne account’).

14The claim for Austudy in the name Dilara Denizli was subsequently granted. You were then paid Austudy into the Denizli Bank of Melbourne account.

15On 8 July 2013, you changed your name to Dilara Ellis. You registered that change of name with the Victorian Births, Deaths and Marriages Registry.

16On 7 June 2014, you opened a Bank of Melbourne account in the name Dilara Ellis for an account number ending 9628 (‘Ellis Bank of Melbourne account’).

17On 23 June 2014, you lodged a claim form for Austudy in the name of Dilara Ellis. In that form, you represented that you were not known by any other names. In support of the claim, you proved your identity by providing Centrelink with:

(a)   an Australian Passport in the name of Dilara Ellis;

(b)   a Medicare Card in the name of Dilara Ellis;

(c)   a Victorian Learner Permit Card in the name of Dilara Ellis;

(d)   a Medibank Membership Card in the name of Dilara Ellis; and

(e)   a Westpac Debit Card in the name of Dilara Ellis;

18The claim for Austudy in the name of Dilara Ellis was subsequently granted. You were subsequently paid Austudy into the Ellis Bank of Melbourne account.

19However, you were also known as Dilara Denizli and between 23 June 2014 and 2 December 2016, you were in continuous simultaneous receipt of Austudy in the name of Dilara Denizli.

20Between 18 February 2015 to 12 January 2017, you were also overseas.

21As a result of your conduct, you were paid $40,960.31 in Austudy to which you were not entitled.

Charge 2

22Newstart Allowance is a social security benefit payable to a person of 22 years of age or more, who is unemployed, prepared to enter and comply with a job plan, and meets residency requirements.

23On 13 January 2017, you lodged a claim form for Newstart Allowance in the name of Dilara Ellis. In that form, you represented that you were not known by any other name.

24The claim for Newstart Allowance in the name of Dilara Ellis was subsequently granted. You were subsequently paid Newstart Allowance into the Ellis Bank of Melbourne account.  

25On 25 January 2017, you opened a National Bank of Australia account in the name Dilara Ellis for an account number ending 1329 (‘Ellis NAB account’). You then elected to be paid Newstart Allowance in the name of Dilara Ellis into the Ellis NAB account.

26On 25 January 2017, you lodged a claim form for Newstart Allowance in the name of Dilara Denizli. In that form, you represented that you were not known by any other name, other than ‘Miss Denizli Dilara’.

27On 27 January 2017, you opened a National Bank of Australia account in the name Dilara Denizli for an account number ending 2176 (‘Denizli NAB account’).

28The claim for Newstart Allowance in the name of Dilara Denizli was subsequently granted. You were subsequently paid Newstart Allowance into the Denizli NAB account.

29However, you were also known as Dilara Ellis and between 25 January 2017 and 22 May 2017, you were in continuous simultaneous receipt of Newstart Allowance in the name of Dilara Ellis.

30As a result of your conduct, you were paid $8,042.40 in Newstart Allowance to which you were not entitled.

Charge 3

31Parenting Payment Single is payable to a person who has a dependent child under eight years of age, is prepared to enter and comply with a job plan and meets residency requirements. The rate of the Parenting Payment Single is affected by the income and assets of the claimant.

32Carer Payment is payable to a person who provides constant care to a person with a severe or profound disability and does so in the home of the disabled person. The rate of Carer Payment is affected by the income and assets of the claimant and their partner. Carer Allowance is a supplemental benefit paid with Carer Payment.

33A person is not entitled to receive both Parenting Payment Single and Carer Payment at the same time.

34Family Tax Benefit is payable to a person who has a dependent child under 21 years of age and lives in Australia. The rate of the Family Tax Benefit is affected by the income of the claimant and their partner.

35A person receiving social security benefits in March 2020 was entitled to and was automatically paid by Centrelink a single additional social security benefit (Economic Support Payment).

36A person receiving social security benefits between 27 April 2020 and 31 March 2021 was entitled to and was automatically paid by Centrelink each fortnight an additional social security benefit because of the COVID-19 pandemic (Coronavirus Supplement).

37On 20 May 2017, you lodged a claim form for Family Tax Benefit in the name of Dilara Ellis.

38On 23 May 2017, you lodged a claim form for Parenting Payment Single in the name of Dilara Ellis (‘Ellis Parenting Claim Form’). In that form, you represented that you had not been known by any other names.

39The claims for Parenting Payment Single and Family Tax Benefit in the name of Dilara Ellis were subsequently granted. Those payments were made into the Ellis NAB account.

40On 8 December 2017, you lodged a claim form in the name of Dilara Ellis to transfer from Parenting Payment Single to Carer Payment and Carer Allowance (‘Ellis Transfer Form’).

41The claim to transfer to Carer Payment and Carer Allowance in the name of Dilara Ellis was subsequently granted. Those payments were made into the Ellis NAB account.

42On 31 May 2017, you lodged a claim form for Parenting Payment Single in the name of Dilara Denizli. In that form, you represented that you were not known by any other names, other than ‘Miss Denizli Dilara’. In support of the claim, you provided Centrelink with National Australian Bank statements in the name of ‘D Denizli’.  

43Also on 31 May 2017, you lodged a claim form for Family Tax Benefit in the name of Dilara Denizli. In that form, you represented that you were not known by any other names.

44The claims for Parenting Payment Single and Family Tax Benefit in the name of Dilara Denizli were subsequently granted. As a consequence of those grants, Centrelink also paid you in the name of Dilara Denizli an Economic Support Payment and the Coronavirus Supplement. Each of those payments were made into the Denizli NAB account.  

45However, you were also known as Dilara Ellis and in that name:

(a)   between 31 May 2017 and 26 March 2018, you were in continuous simultaneous receipt of Parent Payment Single;

(b)   between 27 March 2018 and 20 April 2021, you were in continuous simultaneous receipt of Carer Payment and Carer Allowance; and

(c)   between 31 May 2017 and 20 April 2021, you were in continuous simultaneous receipt of Family Tax Benefit.

46As a result of your conduct, you were paid $133,493.02 in Parenting Payment Single, Family Tax Benefit, Economic Support Payment and Coronavirus Supplement to which you were not entitled.  

Charge 4

47In the Ellis Parenting Claim Form you lodged on 23 May 2017, you represented that you had never married or lived with a partner.

48As mentioned above, the claim for Parenting Payment Single in the name of Dilara Ellis was subsequently granted.

49In the Ellis Transfer Form you lodged on 8 December 2017, you represented that you had never married or lived with a partner.

50As mentioned above, the claim to transfer to Carer Payment and Carer Allowance in the name of Dilara Ellis was subsequently granted.

51You perpetuated the representation that you were single by telling Centrelink:

(a)   on 21 February 2018, that “I’ve got no family, there’s nothing”;

(b)   on 12 April 2018, that you did not share your house with anyone;

(c)   on 6 June 2018 and 15 March 2019, that you were a “single mum”;

(d)   on 8 July 2019, that your second child’s father lived overseas; and

(e)   on 23 July 2019, that you did not know the father of your second daughter, having only met him once when you were overseas in Albania on the night your daughter was conceived.

52In reality, you had been a member of a couple with Yavuz Guler since 12 May 2015. You married on 27 August 2016. You had your first child together, who was born in May 2017. In the name of Dilara Ellis, you supported Mr Guler’s visa application on 11 November 2017. In that application, you said you cohabitated with Mr Guler and that you both cared for your daughter. Since 6 March 2018, you and Mr Guler also leased three properties together (which included co-signing residential tenancy agreements on 6 March 2018 and 12 June 2019). In April 2019, your second child with Mr Guler was born.

53As a result of your conduct, between 23 May 2017 and 26 July 2021, you obtained Parenting Payment Single, Carer Payment and Carer Allowance at a rate based upon you being single, rather than as being a member of a couple. In that period, you were paid $33,355.84 to which you were not entitled.

Investigation

54On 18 December 2020, Centrelink detected the offending by way of an internal data match with Medicare and, as a result, commenced an investigation.

55On 29 April 2021, a search warrant was executed at your residence in Altona, Victoria. Identity documents in the names of Dilara Berdilek, Dilara Denizli and Dilara Ellis were seized. The same day, Centrelink invited you to participate in a formal interview. A formal interview did not take place.

56You were also in regular contact with Centrelink, by telephone, in both the names of Denizli and Ellis. For example, on 21 August 2017, you called Centrelink in the name of Denizli. On 5 September 2017, you called Centrelink in the name of Ellis. Later, on 26 March 2020 at 1.36pm, you called Centrelink in the name of Denizli. At 2.20pm the same day, you called Centrelink in the name of Ellis.

57On 12 May 2021, you repaid the sum of $35,647.10 to Centrelink. More recently you repaid the sum of $25,843.30. In total you have repaid $61,490.40.

Nature and gravity of the offending

58In assessing the gravity of your offending is well settled that a significant factor is the amount of money you obtained by deception as it is ‘an indication of the extent to which an offender is prepared to be dishonest and to flout the law’ – in this case the total amount being $215,851.57. [1]

[1] R v Hawkins (1989) 35 A Crim R 430,435 (Lee J, Newman and Loveday JJ agreeing).

59Mr Mahon who appeared on behalf of the Commonwealth Director of Public Prosecutions submitted that in this instance the matters that also inform the nature and gravity of your offending are:

·that there was a considerable degree of planning and organisation to the offending;

·that the offending was persistent and protracted covering a period of some seven years;

·that the offending did not cease voluntarily; and

·that the offending was brazen as in relation to Charges 1 to 4 the claims were false from the outset, that Charges 2 and 3 were made soon after legitimate claims were made for the same benefits, that you obtained a different type of benefit for each of Charges 1 to 3 and that you told multiple distinct lies to support the claims in relation to Charge 4.

60I concur with the submissions of the prosecution. As your offending continued over a significant time, requiring a number of different methods and names to obtain the benefits, it is clear that your offending did require a degree of organisation and pre planning. The offending was also audacious which, by way of example is evidenced in the calls you made to Centerlink where on one occasion you called in different names within the same hour.

61In my view in all the circumstances your offending represents a relatively serious example of social security fraud.

Personal circumstances

62You are now 41 years old. You are the middle of five siblings, born in Australia to Turkish immigrant parents. You were given the birthname of Dilek Berdilek. You grew up in and around Broadmeadows, attending primary school in the area until the end of Grade 2, at which time you travelled to Turkey with your mother and siblings and stayed there for approximately four years. You described to forensic psychiatrist Dr Anthony Cidoni in 2022 that your mother ‘kidnapped the children’. During this period in Turkey, you report that your mother trafficked you for sexual services, emotionally and physically abused you, locked you in cupboards and burnt you with cigarettes or utensils.

63Your father died by suicide in Australia in approximately 1993 and you returned to Melbourne with your mother and siblings the following year.

64You attended the Broadmeadows Language school for six months before commencing Year 7 at Upfield High School. You attended Gladstone Park High School in Year 9 but were asked to leave in Year 10 after being involved in a fight.

65You report that you suffered physical and sexual abuse by your mothers’ partners and also by your brother. In 1999, at age 16 you commenced a relationship with a very religious man whom you married in 2010. This relationship was also marked by physical and sexual abuse.

66In 2007 you changed your name to Dilek Dilara Berdilek. In 2010 you changed your name again to Dilara Denizli after marrying your first husband. The marriage broke down after only three months.

67In 2013, aged 29, you commenced a Bachelor of Education. Also in 2013 you changed your name to Dilara Ellis. In mid 2014 you commenced a Bachelor of Social Science (Psychology) under the name of Ellis and made the Austudy claim under this name. You left Australia in February 2015 and returned in January 2017. While overseas you married your second husband, Yavuz Guler.

68Upon your return to Australia in January 2017, you were pregnant with your first child. You presented at the Royal Women’s Hospital and an ultrasound revealed evidence of Down Syndrome.  Your second child was born in April 2019.

69Your first child suffers from severe disabilities including Down Syndrome, Hypothyroidism, duodenal Atresia, hearing deficits and anaphylaxis. She requires a number of weekly appointments with specialist care providers. She no longer attends school as a result of extreme separation anxiety from you and you now home school her. Your second child has been diagnosed with Autism Spectrum  Disorder. Both children have NDIS plans. You separated from your husband earlier this year and while you still reside together, he works night shifts and is unable to undertake the high demands of the children and remain in full time employment. As such the burden of the care of the children falls on you.

70A large number of supporting documentation was provided in relation to your children and their various medical concerns which I have considered.

71Also tendered on your behalf was a large number of documents and reports relation to your mental health history. Relevantly, two reports were tendered from Dr Anthony Cidoni, Consultant Psychiatrist dated 1 November 2022 and 12 June 2024. Also tendered were two reports from Dr Manjula O’Connor, Consultant Psychiatrist, dated 11 March 2023 and 16 January 2024.

72You were assessed by Dr Cidoni in October 2022 and again in June 2024. Dr Cidoni diagnosed you as suffering from borderline personality disorder (BPD), dissociative identity disorder (DID), post traumatic disorder and depression. Dr O’Connor has treated you since January 2022 and has diagnosed you as suffering from DID and BPD, although I note in a letter of response to an assessment for Spectrum, a organisation that specialises in treatment of personality disorders, Dr O’Conner stated that she did not agree with the diagnosis of BPD. What is consistent is that both Dr Cidoni and Dr O’Connor assess you as suffering from DID.

73DID which is also known as multiple personality disorder, is a serious recognised mental illness which when triggered, may cause ‘alters’ that can make irrational decisions on behalf of the person suffering the disorder.

74While Dr Cidoni and Dr O’Connor agree that you have suffered from DID, Dr Cidoni was unable to make the requisite connection between the illness and your offending concluding:

In a general sense, her level of distress and disorganisation may have contributed to her not following up the issues of overpayment, but I believe it is not possible in this case to draw a more direct link between her illness and her offending.

75The recent reports of Dr Cidoni and Dr O’Connor both acknowledge that you have benefited from medication and treatment however you will require further psychotherapy in order to manage your condition.

76You provided a letter to the Court outlining in some detail the issues you are dealing with on a day to day basis in relation to your two children. While letters such as yours are often viewed with scepticism by the courts, in this instance it is not disputed that your daughters, particularly your older daughter, suffers from a number of serious medical conditions that require your full time attention. As such I have taken your letter into account in assessing the hardships you face in providing appropriate care to your children.

77As noted above, a large amount of documentary material was filed on your behalf which I will not summarise in these sentencing reasons. However, I have read and taken into account that material including the character references that speak of your tireless attention to your children and otherwise good character.

Sentencing considerations

78As you have pleaded guilty to Commonwealth charges, I am required to sentence you in accordance with Part 1B of the Crimes Act1914 (Cth) (‘Crimes Act’). Pursuant to s 16A(1) of the Crimes Act, the overarching principle is that any sentence I impose must be of ‘a severity appropriate in all the circumstances of the offence’. As part of that process, I must take into account the non-exhaustive list of matters pursuant to s 16A(2) of the Crimes Act that are relevant and known to the court.

79Ms Mildenhall who appeared on your behalf highlighted a number of matters to be taken into account in mitigation with reference to the s 16A(2) criteria.

Plea of guilty

80Firstly, I take into account your plea of guilty, which was entered at an early stage and therefore carries high utilitarian value, saving the time and expense of a criminal trial and sparing witnesses from having to give evidence. Your plea also demonstrates your acceptance of responsibility which has brought the matter to an early conclusion, thereby promoting the course of justice.

Insight and Remorse

81Over and above your plea of guilty I accept that you have shown a degree of remorse. Your expressions of remorse can be seen in the references provided and to a degree, in the psychological material. Moreover, your contrition is evidenced by reference to the monies you have repaid and your intention to obtain employment in order to continue repayments.

Delay

82It was submitted that delay is relevant. Your offending was detected in April 2021 and charges were not laid until June 2022. Following a number of committal mentions in the matter, you were not committed to this court until January 2023. The case was then adjourned a number of times. While some of the delay was caused by the time taken to investigate the matter, I accept that the process has been longer than usual, and I take this delay into account as a matter in mitigation.  You have not reoffended since being arrested and you have endeavoured to move forward with your life.

Verdins

83Ms Mildenhall accepted that based on the conclusions of Dr Cidoni, the first principle of Verdins is not enlivened. However relying on the psychological materials that detail your very complex mental health history and the need for ongoing treatment, Ms Mildenhall submitted that principles 2, 3, 5 and 6 have application now, at the time of sentence.  Mr Mahon did not take issue with that submission. Having considered the materials, I accept that Verdins principles 2, 3, 5 and 6 should be given some weight in the sentencing discretion. While you have actively sought treatment for your conditions, particularly your DID, it is clear on the materials that you will require continuing assessment and treatment. I am also satisfied that as a result of the conditions you suffer, prison would be a greater burden for you and as noted by both Dr Cidoni and Dr O’Conner, as it is likely that you would not have access to the very specific type of treatment and medications you require for your DID, your condition would greatly deteriorate in custody.

Bugmy

84As a result of your childhood traumas including neglect, sexual abuse and emotional abuse by your mother, it was submitted that the general principles enunciated in Bugmy have application. Dr Cidoni linked your post traumatic stress disorder and your depression to the memories and flashbacks of your childhood abuse. In the circumstances in my view Bugmy principles ought be given some weight in the sentencing discretion, in the ‘general’ sense.

Hardship

85As noted above and detailed in the materials tendered, you have two children now aged 7 and 5 both of whom have disabilities that demand a high level of care. While your husband remains under the same roof and is supportive, because of his work commitments and the need for an income to be provided to support the family, the burden falls on you to care for your daughters and ensure that they able to attend weekly appointments. In my view the very challenging and full time care that is required for you to adequately support your two children is significant. As noted in Mohamed v The Queen: ‘sometimes…the implications of incarceration for family members are so significant that they must weigh heavily in the sentencing calculus’.[2] In my view this in one of those cases.

[2] [2022] VSCA 136, [99].

Prospects of rehabilitation

86Turning to your prospects of rehabilitation.

87Ms Mildenhall submitted that your prospects of rehabilitation should be regarded as ‘good’ if you are able to continue your rehabilitation. In this regard, Dr Cidoni notes:

I note that she has benefited from psychotherapy and medication treatment, but the downside of integration of her alters is that she is much more present and aware of her previous trauma, which needs further psychotherapy in order to manage and process, as well as ongoing antidepressant therapy.

88It is clear that since the detection of this offending you have genuinely sought help in relation to your complex psychological needs. You have engaged in therapy over a sustained period which you remain committed to. I also note that despite the demands related to caring for your daughters, you have been endeavouring to continue your education in order to assist you in finding work. To that end an academic transcript was tendered from Torrens University in relation to a Diploma of Counselling that you have undertaken. In all the circumstances in my view, if you maintain the assistance you are receiving, your prospects can be assessed positively.

Other sentencing considerations

89In cases of social security fraud it is well settled that general deterrence is the primary sentencing consideration. In this instance your offending was sustained and somewhat sophisticated making it more difficult to detect. It also involved a significant amount of money. In the circumstances a message must be conveyed that persons seeking to engage in conduct such as your will face a term of imprisonment.

90As to specific deterrence, I note that you have a prior matter from 2010 of a similar, but less serious nature. You state that you have no recollection of this event. Nonetheless, while it is Dr Cidoni’s opinion that your risk of reoffending is low, in my view specific deterrence must still carry some weight in the sentencing calculus.

91A table of comparative sentences was provided by the prosecution. While some of the cases summarised do have common features, comparative sentences only provide guidance and identify applicable sentencing practices. I have considered these cases however, ultimately each case must turn on its own facts.

92While it was conceded by your counsel that there must be a term of imprisonment imposed, it was submitted that in the circumstances an immediate release on a recognizance release order is able to meet the relevant sentencing considerations. Having considered the materials submitted on your behalf, the prosecution did not take issue with this submission.

Sentence

93Ms Jenkins, would you please stand.

94Dilara Jenkins, On Charge 1, you are convicted and sentenced to 18 months imprisonment. On Charge 2, you are convicted and sentenced to 8 months imprisonment. On Charge 3, you are convicted and sentenced to 2 years and 6 months imprisonment. On Charge 4 you are convicted and sentenced to 18 months imprisonment.

95Charges 1, 2 and 3 will commence today. Charge 4 will commence 18 months after the commencement of the sentence on Charge 3, the intention being that 6 months of the sentence on Charge 4 be cumulative on the sentence on Charge 3, making for a total effective sentence of 3 years imprisonment.

96Pursuant to s 20(1)(b) of the Crimes Act, I direct that you be released forthwith upon giving a recognizance in the amount of $5,000 to be of good behaviour for a period of 3 years.

97The purpose and effect of the recognizance release order is that it requires you to be of good behaviour for a period of three years from today. If you commit a further offence in breach of the recognizance to be of good behaviour in that three year period after your release, then unless you show a reasonable excuse, you will be dealt with for that breach and resentenced. You may have to pay $5000 and you may have to serve immediately the term of imprisonment I have imposed.

98Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 4 years imprisonment with a non parole period 2 years.