Director of Public Prosecutions v Abdala

[2015] VCC 1825

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00583
CR 15-00584

DIRECTOR OF PUBLIC PROSECUTIONS

v

IRKO ABDALA
KIM JANES

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JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	10 December 2015
CASE MAY BE CITED AS:	DPP v Abdala & Anor
MEDIUM NEUTRAL CITATION:	[2015] VCC 1825

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Fallar	OPP
For Offender Abdala	Mr R. Chaudhuri	Melasecca Kelly & Zayler
For Offender Janes	Mr G. J. F. Chisholm	Balmer & Associates

HER HONOUR:

1Irko Abdala and Kim Janes, you have each been convicted by a jury of intentionally causing injury to Ranjip Singh and falsely imprisoning him on 5 December last year.  The offences occurred somewhere between 8 and 9 pm at a unit in Melon Street, Braybrook where you were living along with a 15 year old boy who I will call JW in these reasons. 

2According to Mr Singh, he was walking along Melon Street when accosted by what he described as a black man and a tall young white man who pushed and hustled him into the unit through the main room and into the bathroom.  Mr Singh said the man then punched him to the face and pushed him to the ground and he was then set upon by all three occupants, that is the man he described as the black man, the man he described as the tall young white man and a woman who he described as a thin white woman.

3He said he was punched, hit and kicked by the three assailants as he lay on the ground.  He said all three armed themselves with knives and the man hit him on the head.  He said they took off his clothes and took his gold neck chain and wallet.  The wallet contained cards, including one with his address on it and an EFTPOS card.  He said the man demanded that he give over his PIN and he gave a false one. 

4He said the man left and the woman and the young man held him at knife point in the bathroom.  He said some time after the man rang the young man complaining that Mr Singh had given him the wrong PIN and the young man demanded the correct one at knifepoint.  He said he gave another wrong PIN and was then left in the bathroom by the woman and the young man who he could hear talking in the adjoining bedroom. 

5He gave evidence that he decided after some time to escape so he detached the shower screen and when the woman and the young man opened the bathroom door, which apparently had been locked, hit the young man over the head with the shower screen causing it to break and the young man to fall on the bed.  He said the woman then picked up a shovel and hit him over the head with it a number of times.  He said the man returned and the three assailants continued to hit him.  He fell down and all three were hitting him in the mid region.  He said the man was hitting his leg, the woman continued to hit him in the head with the shovel and the young man hit him or stabbed him in the shoulder. 

6He said he was bleeding profusely from the head. The man he said then took him back into the bathroom and put him under the shower to wash off the blood and told him to leave.  They returned his wallet and cards and the man threatened him saying he knew where he lived and would kill his child if he told the police. 

7The evidence at trial then revealed that Mr Singh went to a nearby house in Melon Street where the occupant, who happened to be a nurse, tended to him before the police and ambulance arrived.  Mr Singh was drunk and agitated.  He could not accurately identify the address where he said he had been attacked.  He went back to the police station where his injuries were photographed and the following day he was examined by a doctor. 

8He had lacerations and bruising to his head and further lacerations to his wrist and chest and abrasions to his back and stomach.  He said the grazes or abrasions came from being punched and falling in the broken glass from the shower screen. 

9The photographs also showed abrasions and redness to his face which he said came from being hit and punched and cuts to his hand.  Some of the lacerations were sufficiently deep to require sutures or gluing when seen by the doctor.  The injuries were consistent according to the doctor with the account given by Mr Singh, that is by being hit over the head with a shovel, stabbed in the chest with a knife and wrist and punched and hit. 

10The two of you and JW were arrested three days later.  Ms Janes, you said when interviewed that you had been home alone when a drunk man knocked on the door and forced his way in.  You said that he had money in his hand and was demanding that you provide him with sexual services.  You said you knew that the registered tenant of the unit was a sex worker, that you had told the man that she was not at home and that you were not a sex worker.  You said that the man tried to kiss you, forced you through the lounge and bedroom and into the bathroom. 

11You said that the shower screen broke in the struggle and the man then left.  You said that any injuries that he sustained were sustained in the course of defending yourself.  You pointed to scratches on your chest and a bruise on your arm which you said were sustained in the struggle.  You said you did not report the attack because you had never received help or support from the authorities in the past when you had called on them for help. 

12You, Mr Abdala when questioned said that you had been shopping at the Footscray Market with JW when Ms Janes called you distressed and told you to come home immediately.  You said you finished your shopping, took the bus home, arriving home at about 8.15 pm, just behind JW, who had taken the earlier bus. 

13You told the police that as you arrived, you saw an Indian man walking up the driveway to Melon Street.  You noticed that he smelt strongly of alcohol.  You called out, "Oi" but the man kept walking.  You said you went inside and saw Ms Janes with a bloodied lip, torn and bloodied clothing and in a state of great distress.  You said there was broken glass and blood all over the place and the place was in disarray.  You said that Ms Janes told you that a man had forced his way in looking for the previous occupant and demanding sex, that he had assaulted her and that you believed he had tried to rape her. 

14You said that Ms Janes had told you that she had fought the man off and smashed glass, perhaps a vase, over his head.  You said that Ms Janes did not want the police to be called so you called a home visit doctor service, helped her have a shower and put her to bed.  The doctor came about an hour later, provided some sedatives and you comforted Ms Janes as she cried herself to sleep. 

15You said you and JW had cleaned up the glass and blood and that you had stayed home all night with Ms Janes.  By the time of interview, police had obtained CCTV footage which showed Ms Janes apparently uninjured, Mr Abdala and JW walking into and then out of the supermarket opposite the home in Melon Street at about 9.30 pm that night. That was less than half an hour after Mr Singh had sought assistance from the occupants of the nearby house and a 000 call had been made from that house. 

16A still from the CCTV footage was shown to you, Mr Abdala, and you said that the three of you might have gone for cigarettes.  Later enquiries by the police revealed that a home doctor had visited the unit at Melon Street but at about 6.30 pm and the day before.  No visit or charge was recorded for 5 December. 

17Your home was searched under warrant at the time of your arrest.  Clothing was seized and testing later revealed blood matching that of Mr Singh was on items of each of Mr Abdala's, Ms Janes' and JW's clothing.  That was the clothing worn by you that night, as revealed by the CCTV footage. 

18A shovel was found just outside the back door and DNA testing later identified blood on the blade that matched Mr Singh's DNA reference sample.  Ms Janes' DNA was on biological material obtained from the handle of the shovel.  A number of kitchen knives were seen in the house but none were taken or subjected to blood or DNA analysis. 

19Two types of broken glass, one large shards, the other shattered safety glass of the type often used in shower screens was found in a bin at the back of the house.  The frame of a shower screen with some traces of shattered safety glass around the bottom of the frame was resting by the bin.  Although there were stains of what appeared to be blood on the glass in the bin, it was not tested. 

20There was no CCTV footage or bank records which provided evidence that Mr Singh's card had been used in any attempt to withdraw cash that night.  CCTV footage of the bus depot area at the Footscray Market was watched, it did not show Mr Abdala or JW catching a bus at about the time Mr Abdala had said they had. 

21At trial, Mr Singh was cross-examined consistently with the accounts given by each accused in interview, that is that he was injured in a one on one encounter with Ms Janes, was not robbed, beaten by either man, falsely imprisoned or threatened. 

22The evidence of the results of the examination and testing of the shovel was not challenged at trial.  Indeed, it was put to Mr Singh that Ms Janes had hit him on the head with a shovel in an attempt to fend him off.  Mr Singh's credit was challenged generally and by reference to inconsistencies in the various accounts he had given in his statements to the police at committal and at trial and by reference to his previous convictions.  Those convictions included exceed the prescribed content of alcohol and drive whilst disqualified, a number of convictions for stating a false name and address, using a licence in somebody else's name or refusing to give name and address in connection with the drink driving and driving whilst disqualified offences and a single prior conviction for soliciting. 

23It was specifically put to him on behalf of both accused that he was not threatened or stabbed with any knives, that he was not wearing any gold jewellery and that no gold jewellery was taken from him. 

24It was suggested to Mr Singh, and the doctor was cross-examined to the effect that the lacerations to the head were caused by the shovel, and those to the chest, wrist and hand were caused by broken shards of glass.  The doctor agreed that the wrist and hand injuries could have been caused by the shards of glass, but maintained the chest wound was, or was most likely to be, a knife wound given its depth and the cleanness of the cut. 

25Neither accused gave evidence at trial.  JW, who was 15 at the time, is still awaiting trial in the Children's Court. 

26It is against this background that the two of you were convicted of intentionally cause injury and false imprisonment and acquitted of linked charges of armed robbery and threat to kill.  The verdicts mean that the jury was satisfied beyond reasonable doubt that Mr Singh was subjected to a three-on-one attack in your home. 

27The prosecution case was put on the charge of intentionally cause injury on the basis that each of you was responsible for your own acts.  There was independent evidence supporting Mr Singh's account that he was struck to the head with the shovel by you, Ms Janes, and in particular the blood and DNA evidence.  The abrasions and redness to the face and torso are consistent with his account that he was punched and hit to the face and body, something that he said was done by you Mr Abdala.  The abrasions are also consistent with being attacked after when he had fallen to the floor, where there was broken glass from the shower screen.  This, too, he alleged was caused as a result of blows struck by you, Mr Abdala. 

28Mr Singh did not allege the lacerations to his chest or wrist were caused by either of you.  He did not attribute the cut on his arm or wrist to any individual and he attributed the wound on his chest to being stabbed by JW.  It is not necessary, therefore, to make any finding as to whether you were or were not armed with knives and the evidence does not permit me to attribute any knife wound to either of you. 

29By the rejection of Ms Janes' account of how Mr Singh came to be injured, it would appear clear the jury has rejected the possibility the lacerations to the chest and wrist were caused by the shards of glass found in the rubbish bin and as a result of a lawful self-defence by Ms Janes alone against an attack by Mr Singh. 

30

The jury was clearly prepared to accept Mr Singh's evidence that he was prevented from leaving the bathroom, and again it would appear that the evidence of the blood on the shovel and Ms Janes' biological material being found on that could be supportive of that.  However, the jury was not prepared, and in the absence of independent confirmatory evidence, to find that Mr Singh was wearing a gold chain which was taken from him and not returned or that any attempt was made to use his EFTPOS card or, it would appear, to accept that any items were stolen from him by threat or force whilst Mr Abdala was armed with a knife.  Nor was the jury prepared to accept

Mr Abdala's unsupported word that threats to kill him or his children were made.  The finding of guilt of false imprisonment is, in my view, consistent with the jury's finding of a three-on-one attack.  Therefore, I consider the jury verdict is supportable on the evidence and consistent or capable of rational understanding and analysis. 

31

For sentencing purposes, therefore, I must sentence you on the basis that the jury has clearly rejected the account advanced that Mr Singh was looking for a prostitute and trying to force himself on Ms Janes, sustaining injuries as

Ms Janes defended herself in a one-on-one attack. 

32Consistently with the jury verdicts and given proper deference to the acquittal on the armed robbery charge, I treat this for sentencing purposes as an unplanned, opportunistic, spontaneous and apparently motiveless attack of some viciousness which fortunately did not result in serious harm to Mr Singh; and a relatively short but no doubt terrifying deprivation of liberty of a drunk and vulnerable man in unfamiliar surroundings, in circumstances where he was unprotected, unarmed, outnumbered and powerless. 

33As the photos of the unit taken three days later reveal, as your presentations when interviewed revealed, and the materials put before me on the plea well indicate, each of you was caught up in a cycle of drug abuse over the time of the offending.  Whilst that is no mitigator, it may explain why this otherwise apparently motiveless attack occurred. 

34These offences clearly call for a sentence which gives due weight to denunciation, just punishment and, subject to matters personal to you, deterrence, both general and specific.  Each of you has a history of chronic disadvantage.  For each of you that mitigates the weight otherwise proper to give to deterrence, and your circumstances weigh significantly when considering what punishment is just in all the circumstances.  Notwithstanding the seriousness of the offending and the undoubted impact on Mr Singh, notwithstanding the absence of a victim impact statement, it is clear that each of you are more deserving of compassion than those who have had much greater advantages in life.  More weight must be given, in my opinion, to encouraging and supporting your rehabilitation and in helping you to address the causes of your offending and so assisting in protection of the community. 

35I have decided that for each of you a combination sentence, that is, a combination of a term of imprisonment and a community correction order with conditions that are both punitive and rehabilitative is appropriate.  The effect of the sentences will be that neither of you will be required to spend any more time in custody than you already have.  However, you must appreciate that a community correction order is not a soft or an easy option and that you are at real risk of further imprisonment if you breach the conditions of the orders that I am about to impose.  I have also decided that your individual circumstances and your very different criminal histories justify imposing different sentences or differently structured sentences on each of you. 

36You, Mr Abdala, are 30.  You came to Australia as a six year old.  By the age of 12 you were diagnosed as suffering post-traumatic stress disorder as a direct result of the dreadful experiences that you were exposed to and had to endure in the civil war that tore Ethiopia apart and which led to your being accepted as a refugee in Australia by the age of six.  By the age of 15 you were diagnosed as suffering from schizophrenia and, more recently, you have also attracted a diagnosis of bipolar disorder. 

37Your education was so impoverished that it is not clear what your level of intellectual capacity is or ever was at its best.  You have a reported history of blows to the head and a history of significant and long-term substance abuse.  It is not clear whether you may have an acquired brain injury as well, whether from any blows to the head or your substance abuse or a combination of both.  You have a long and well-documented history of psychiatric admissions and of self-harm. 

38You have a significant criminal history for the whole gamut of offending, most significantly here for offences of violence and threats to inflict violence and substance abuse.  You also have a history of offences of dishonesty, of trafficking relating to your substance abuse, to property offences and the like.  As I said, the whole gamut. 

39

In a report prepared for one of your more recent court appearances

Dr Michelle Wauchope said: 

"The reality is that Mr Abdala seems to continually engage in self-destructive and antisocial behaviours and I have no doubt that his psychiatric issues, his chronic substance abuse, and his offending behaviour triangulate, whereby they negatively impact and exacerbate and maintain each other; and I would say that even one of these disorders would be problematic with respect to insight and judgment and Mr Abdala has multiple disorders, and a long-term history or pattern of interaction between these factors that will be difficult for him to change, because the impairment to his functioning the multiple disorders cause, and the compulsive behaviour the substance abuse causes; and so, sadly, unless he is able to maintain compliance with the medication, and unless he is able to address his substance issues, then the risk of him reoffending remains, because of the nature of his impaired judgment and functioning.

The difficulties for him would only be exacerbated by the trouble he has each time he is released from prison, whereby it is often easier for people like him, who have been in and out of the jail system, to go back to jail than stay out, as it is mostly all they really know." 

40In her opinion, you are already institutionalised, and as Mr Chaudhuri pointed out in the course of his plea, it appears you have spent more time in custody in you adult years than you have spent at liberty in the community. 

41It is essential, in my view, that punishment be tempered by compassion and that every assistance be afforded you, every support available offered to assist you to manage your mental illnesses, the long-term consequences of your childhood trauma.  Trauma, I must say, is a word that does not adequately reflect the gravity of the events to which you are exposed and the consequences of them - and your substance abuse, so that you can live a better, safer and happier life and the community can be better protected. 

42You, Ms Janes, are 38.  In your record of interview you said "I have been sexually and physically and mentally abused all my life and every time I have reached out to the authorities they've done nothing." 

43In the course of his plea, Mr Chisholm told me that your formal school finished, as did Mr Abdala's, when you were only 12, that the only post primary school education that you have ever undertaken has been through the Kangan Institute of TAFE and whilst you have been custody.  It is clear that you have enough intelligence to be able to avail yourself of opportunities when they are afforded to you and when you are in an environment where you are able to take advantage of them.  Sadly, in your more recently years, your life has become so chaotic and so out-of-control that those opportunities seem to have been ones that you have only been able to access and take advantage of whilst in custody. 

44Despite the considerable disadvantages you suffered throughout your childhood, your adolescence, your far too early adulthood forming a long-term relationship at the age of 15 and becoming a mother by the time you were 16 for the first time, having ultimately left what was a difficult and abusive relationship and then had your life spiral out of control and have you then start on a cycle of destructive behaviour, of substance abuse and offending that has brought you too before the courts for a variety of offences, starting in your more mature years and with a drug history starting in your mature years, you clearly have a lot going for you and a lot of promise.  Despite those considerable disadvantages, you have brought up and nurtured your children, and from what I have been told and from my observation of their presence at court, they love you and they are supportive of you as you have been of them.  They will, and should, provide encouragement for you to take advantage of the opportunities that will be offered to you under this CCO to try and get your life back on track. 

45At the age of 38 you are already a grandmother.  You have got much to live for and much to offer your family and much intelligence and ability that you can clearly tap into if you are given the opportunities.  That too will ensure not only your rehabilitation will be encouraged, but will do more to protect the community and to keep you from offending than any further term of imprisonment ever will.  The sentence, I hope, will assist you to start to address the mental health issues that you clearly suffer from and have had trouble facing, will help you, I hope, address your substance abuse and the self-defeating behaviours that have brought you to this low ebb in your life. 

46Could you both please stand? 

47Irko Abdala and Kim Janes, on the charges of which the jury has found you guilty, false imprisonment and intentionally cause injury, you are both convicted. 

48You, Irko Abdala, are sentenced to be imprisoned for a period of 12 months on both charges and, after that, to be sentenced to a community correction order for a period of 12 months.  So the CCO commences upon completion of your term of imprisonment. 

49For you, Ms Janes, you are sentenced to be imprisoned on the two charges for a period of four months and then to serve a community correction order for a period of 20 months, which commences upon completion of the term of imprisonment. 

50You, Mr Abdala, have spent 367 days in pre-sentence detention, so that is a few days more in calendar calculation than the 12 months term of imprisonment that I have imposed. 

51I do not know whether there will be any days that will be deducted administratively from your sentence by reason of the periods of lockdown.  That is a matter for the prison authorities to calculate.  But on my calculation there are at least two days and there may be further days that will be days that cannot be taken into account as part of the sentence already served, because I am only sentencing you to 12 months. 

52For you, Ms Janes, you have done, as I understand it, four months and two days.  That means I do not know whether any of the days of the four months would be deducted administratively for you.  I suspect not, because you were held in difference circumstances, but that means there will be at least two days that are not counted as part of the sentence for this, but the four months you have served and the 12 months that you have served will be counted. 

53Your CCO, Ms Janes, will run for a period of 20 months from the time of the expiration of your term, so that means, in effect, they sentence a combination of imprisonment and CCO of two years for each of you, but the division between the term of imprisonment and the length of CCO is different for each of you, taking into account the time each of you has already served, your different priors and your different circumstances. 

54Now the core conditions for the CCOs are the same for each of you.  So that is these: 

55That you must not, either of you, commit another offence for which you could be imprisoned during the whole time the order is in force.  You must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations.  That means when you attend at Corrections for any of the visits that are required or attend for any of the outside visits that are required, for example, for drug rehabilitation or mental health assessment and treatment, that you must not be impaired by substances and that you must submit to drug testing if directed to do so.  You must report to and receive visits from the Secretary or delegate.  You must report to the Community Correction Centre to which each of you must report within two clear days of the order starting. 

56So for you, Ms Janes, that is the Geelong Community Correctional Services at the State Government Offices at Level 5, 30A Little Malop Street in Geelong.  That is just near the Geelong Courthouse and station, and that is within two clear working days of today. 

57Mr Abdala, you must attend at the Sunshine Community Correctional Office, which is at 10 Foundry Road, Sunshine, within two clear working days after your release, and it is my understanding that, given that calculation, your release should be today, but it will not be from the dock here, you will have to go downstairs and be processed either from here or back from the prison where you were brought from this morning.  But within two days of your release you must report to the Sunshine Community Corrections Office.  Do you understand that? 

58OFFENDER ABDALA:  Yes, Your Honour.

59HER HONOUR:  Core conditions also for both of you are these:

60That you must let Community Corrections know within two clear working days if you change your address or if you get a job or lose a job; you must not leave Victoria without getting permission to do so from the Secretary or delegate; and you must obey all lawful instructions from, and directions of, the Secretary or delegate. 

61Do you each understand those?

62Then there are special conditions for each of you.

63For Mr Abdala, they are these:

64You must be under the supervision of a Community Corrections officer for the period of 12 months; you must undergo treatment and assessment, including testing for drug abuse or dependency, as directed by the regional manager; you must undergo any mental health assessment and treatment, and that may include psychological, neuropsychological, psychiatric treatment or treatment in a hospital or residential facility, as directed by the regional manager; and you must participate in programs and/or courses that address factors relating to your offending as directed by the regional manager; finally, you are to be subject to judicial monitoring and you must attend back to this court before me at 9 am on 10 March next year for your first judicial monitoring visit. 

65For you, Ms Janes, you too must be under the supervision of a Community Corrections officer, and that is for the full 20 months of the CCO; you must undergo assessment and treatment, including testing for drug abuse or dependency, as directed by the regional manager; you must undergo any mental health assessment and treatment, and that may include psychological, neuropsychological, psychiatric treatment or treatment in a hospital or residential facility, as directed by the regional manager; and you too must participate in programs or courses that address factors relating to your offending as directed by the regional manager.

66There is a judicial monitoring condition for you as well, and your first visit or return for judicial monitoring is at the same time.  That is at 9 am on 10 March before me here in the County Court.

67Now do each of you understand the effect and conditions of those orders?

68OFFENDER ABDALA:  Yes, ma'am.

69HER HONOUR:  Do each of you consent to them being made?

70OFFENDER JANES:  Yes.

71OFFENDER ABDALA:  Yes, ma'am.

72HER HONOUR:  I will have those brought down to you so you can sign them.

73While that is being done, Ms Fallar, there are no ancillary orders, are there ‑ ‑ ‑

74MS FALLAR:  That's correct.

75HER HONOUR:  ‑ ‑ ‑ because of what you told me about the 464 and about the need to retain the items that otherwise might be the subject of forfeiture for the upcoming proceeding against JW.

76MS FALLAR:  That's correct.  Your Honour, may I just raise something?  You've explained the PSD.  I wonder whether you've officially declared the PSD.  Maybe you have.  I'm not sure whether you have.

77HER HONOUR:  I don't think I have.  I declare, so far as Mr Abdala is concerned, that the period he has been in custody in respect of these offences, namely 367 days, be reckoned and so many of those days as can be deducted as a period of imprisonment already served under this sentence be deducted. 

78So far as Ms Janes is concerned, I declare that she has spent 125 days in pre-sentence detention and direct that so many of those days as can be reckoned as the period of imprisonment already served under this sentence be counted and reckoned and deducted administratively.

79MS FALLAR:  It's 123.  Did Your Honour say 125?

80HER HONOUR:  I did say 125.  It is 123, is it?

81MS FALLAR:  Correct.  Thank you, Your Honour.

82HER HONOUR:  Thank you.  Do the orders I have now pronounced reflect what I said I intended to do?

83MR CHISHOLM:  Yes.

84MR CHAUDHURI:  Yes, Your Honour.

85HER HONOUR:  Anything further that is required to be done?

86MR CHISHOLM:  May I approach Ms Janes to have that signed ‑ ‑ ‑

87HER HONOUR:  Yes, please do.

88MR CHISHOLM:  Your Honour, can I just, before I approach, clarify two things?  The sentence of imprisonment, that's an aggregate sentence across the two?

89HER HONOUR:  Yes.

90MR CHISHOLM:  Or is it two four months concurrent?

91HER HONOUR:  It's an aggregate sentence.

92MR CHISHOLM:  Aggregate.  Thank you.

93HER HONOUR:  I'm sorry, yes, I didn't say that.  Yes, it's an aggregate sentence.

94MR CHISHOLM:  In respect to 10 March, what is Your Honour's preference or practice?  Should I inform my instructor to have an instructor present at court or ‑ ‑ ‑

95HER HONOUR:  Wait to see the report.  If it's a good report, then they won't need representation.  If there are problems ‑ ‑ ‑

96MR CHISHOLM:  Yes, of course.

97HER HONOUR:  ‑ ‑ ‑ then it will be best that they are represented.

98MR CHISHOLM:  I just wished to check that before ‑ ‑ ‑

99HER HONOUR:  Yes, thank you.

100MR CHISHOLM:  May I approach the ‑ ‑ ‑

101HER HONOUR:  Yes.

102(Community Correction Orders signed and acknowledged.)

103MR CHISHOLM:  Thank you, Your Honour, I have that signed document for your associate.

104HER HONOUR:  Right, thank you.

105MR CHISHOLM:  I have looked at that order and they're all correct as to what you said.

106HER HONOUR:  I have countersigned those orders.  When copies of those have been made and provided to each of you, you will be able to go, and I will look forward to seeing each of you on 10 March next year and I hope to hear favourable reports about your progress.  I know it is going to be difficult.  You have long-term problems and it may be a bit of a rocky road.  What I want to see is that you are each trying and doing your best, and the reason I have made the judicial monitoring period so short is so that we can have some early intervention if there is a problem to try and head things off before they get too bad, so remember that.

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