Director of Public Prosecutions v Akbaba
[2020] VCC 386
•2 April 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-00177
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MUSTAFA AKBABA |
---
JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 March 2020 | |
DATE OF SENTENCE: | 2 April 2020 | |
CASE MAY BE CITED AS: | DPP v Akbaba | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 386 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A. Albert | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr P. Dunn QC | Dean Cole & Associates |
HER HONOUR:
1 Mustafa Akbaba, you have pleaded guilty to one charge of intentionally cause injury, the maximum penalty 10 years’ imprisonment; one charge of threat to kill, maximum penalty 10 years’ imprisonment; possession of a drug of dependence, testosterone (for personal use), maximum penalty one years’ imprisonment.
2 You have also agreed to me hearing, and have pleaded guilty to Summary Charge 5, committing an indictable offence, intentionally causing injury, whilst on bail. The maximum penalty is three months’ imprisonment.
3 These crimes arise out events which took place between yourself and the victim of your offending, relevant to Charges 1 and 2, on 12 July 2018. The victim of that offending was Omid Yarmohammadi.
4 Subsequently you were found in possession of the drug, Charge 3.
5 It is not necessary for me to recount in great detail the facts of this matter, as the matter was opened in some detail by the learned prosecutor consistent with Exhibit A. I proceed to sentence you on the basis of the facts as summarised by the prosecution and discussed during the course of the plea hearing. It is sufficient for present purposes to simply say the facts in this case are most disturbing, your behaviour obviously unacceptable, as I am sure you are aware.
6 I turn to a brief summary of the charges. On 12 July 2018, you assaulted the victim, causing him injury (Charge 1) and during that assault, threatened to kill him if he went to police (Charge 2).
7 On 14 July 2018, you were arrested regarding that incident and police searched you home, during which they found two vials of testosterone in your bedroom (Charge 3).
8 At the time of your offending you were on bail (Summary Charge 5), in relation to charges arising from a firearm being discharged from a vehicle. The trial for that is currently listed for 27 July 2020.
9 I turn to the background to your offending. In 2017, the victim and yourself worked as concreters for the same employer. The victim left that employment to start his own business. Thereafter, you occasionally ran into each other including at the Universal Gym in Somerton.
10 You and the victim would speak to each other in Turkish, you being of Turkish background, the victim’s parents having Turkish heritage.
11 On 4 July 2018, you and the victim ran into each other at the gym. You told the victim you were not working, and the victim offered you a job. You told him you would contact him as to when you could start working for him. You also told him you owed someone money and did not have the means to pay it.
12 On 8 July 2018, you contacted the victim and told him you needed $1,500 urgently to repay the debt. The victim agreed to give you that amount on the basis you would commence working for him the next day to pay it off. The victim withdrew that amount in cash from his account and gave it to you.
13 You contacted the victim and told him you had repaid the debt and thanked him for his assistance. You said you would come to work for him the following day.
14 You, however, did not contact the victim to arrange work. The victim then attempted unsuccessfully to contact you between 9 and 11 July 2018, including by sending SMS and Snapchat messages to you.
15 On 10 July 2018, the victim sent you an SMS saying he was going to your home to speak to your parents. In Turkish and Iranian culture, parents take responsibility to pay unpaid debts of their children. This was conceded by you, as I understood it, as being the usual situation. The victim made inquiries to find out your address.
16 On Thursday, 12 July 2018 at 7.20 pm, the victim sent an SMS to you asking you to repay the money, the messages set out within Exhibit A (paragraph 10(1)).
17 That same evening at 7.35 pm, you reported to Broadmeadows police station as required by your then bail conditions. I note that you reported to this police station just before this assault (approximately 45 minutes earlier), a flagrant breach of bail of which you were aware at the time.
18 At 7.54 pm, the victim was at the gym having driven there. You drove into the car park at the gym, then drove out of the car park. The prosecution submits you left the car park having seen the victim’s vehicle. You parked in an area about half a kilometre north of the gym in an industrial area. At that time, it was dark, no premises were operating, and no persons were in the area.
19 You sent a message to the victim on Snapchat to meet him.
20 I turn to Charges 1 and 2 on the Indictment. At 8.05 pm, the victim arrived and parked on the opposite side of the road from your vehicle. CCTV footage provided a distant view of the incident. You and the victim appeared as small, dark ‘ant-like’ figures in that footage. A number of still images were tendered, (Exhibit B). Some discussion occurred between you on the roadway next to the victim’s car.
21 The victim asked 'What’s wrong Habib, why you doing this? I trusted you.'
22 You told the victim not to threaten to come to your parents’ house. The victim said he looked for the address but did not have it. That he just wanted the money and it had nothing to do with your parents.
23 At approximately 8.14 pm, you then punched the victim in the face several times. The victim felt pain to the left side of his face and fell to the ground. You then kicked the victim several times whilst the victim was on the ground. He felt pain to his back and legs and said, “Mosti, bro please relax.” You then produced a knife and were over the victim who was on the ground. You pressed the knife against the victim’s throat and threatened you would kill him if he went to police.
24 At 8.15 pm, a vehicle approached, its headlights illuminating you over the victim on the road. The vehicle slowed and you moved away from the victim. The victim was prone on the road in the path of the vehicle which had to divert around him. You then moved back to the victim who remained on the ground.
25 At 8.15 pm, you returned to your parked vehicle and drove off. At 8.16 pm, the victim got up off the ground, returned to his vehicle and drove away.
26 At 8.30 pm, the victim attended Craigieburn police station to report the incident. Police took photographs of his face and injuries (Exhibit C).
27 At 10.58 pm, the victim was examined by his doctor at Sunshine City Medical Centre who observed:
(a)swelling and bruising on the victim’s left neck;
(b)a laceration inside the victim’s mouth and on his left cheek;
(c)pain and tenderness over his ribs on front chest and on the right hip.
28 The victim also complained that he had blurred vision in his left eye.
29 On 14 July, you reported to Broadmeadows Police Station on bail and were arrested. A search warrant was executed later that evening at your home and during that search, two vials of testosterone were located in your bedroom (Charge 3).
30 You were then interviewed by police and amongst other things, said that you did not know the name Omid Yarmohammadi, but did recall an Omid that you worked with. You said you had seen Omid a few days briefly at the Universal Gym and would just say 'hi' and 'bye'. You had probably seen Omid one to two weeks previously when you had a short chat but could not recall what you talked about.
31 On 8 July 2018, you said you met Omid at a gym and only wanted to have a chat for work. Omid, you said, did not loan or give you any money. You said later that night Omid sent you his address and you attended at Omid’s house with a friend to talk about possible work.
32 You said that on 12 July between 6.15 pm and 7.15 pm, you were at Universal Gym, then went to the police station to sign in at about 7.35 pm, then went to soccer training in Dallas. You did not train but watched and chatted with a few people naming two persons you recalled speaking to and giving their names and telephone numbers. You said you went straight home from training.
33 You said you were not involved in any incident with Omid and you did not meet him in Nation Link Drive near the gym. You did not assault Omid. You did not threaten Omid and you did not produce a knife and hold it to his throat. I note the contested committal was conducted on the basis of those continuing instructions.
34 You said the containers in the bedroom contained testosterone for your personal use. You did not have any prescription or medication authority, answering 'no comment' regarding where you obtained them and of course that was your right to answer that way.
35 Aggravating features of your offending, in particular in relation to Charge 2, was the use of the knife as described within the prosecution opening and to which I have just referred. It is not clear when you came into possession of the knife. Also, that you were on bail at the time and had reported shortly before this offending.
36 You have admitted a prior court appearance at Broadmeadows Magistrates’ Court on 18 February 2015, of driving a motor vehicle causing loss of traction. Without conviction, the matter was adjourned for six months. I disregard that for the purposes of sentencing you today.
37 The victim of your offending declined to make a Victim Impact Statement. It is clear, however, from his statement to police, that when you were leaning over him pressing the knife against his throat, he was scared, thinking you were going to kill him (see transcript at p.21).
38 Turning to your plea of guilty to this offending, there was a contested committal on 29 January 2019, during which the victim and informant were cross-examined consistent with your denials of a knife and assault (see transcript p.159).
39 On 30 June 2019, a trial date was set for 16 March 2020. On 20 June 2019, an offer was made by you to plead to assault and threat to kill, rejected by the prosecution. The matter finally resolved on 13 March 2020, and on 16 March you were arraigned on these charges and pleaded guilty to them.
40 You have pleaded guilty to these charges and you are entitled to have that fact taken into account in your favour and I do so. By your pleas of guilty, you have spared the time and cost of a trial and the need for witnesses to give evidence upon your trial, although I note as I have said, the victim was cross-examined at the contested committal hearing, consistent with your then denials.
41 Also, I take into account the stage at which your plea of guilty was entered, approximately 14 months after the contested committal. Mr Dunn, who appeared on your behalf, conceded it was a late plea.
42 I am prepared to accept your plea of guilty indicates some remorse for your offending, however, I am concerned about the extent of your remorse given the factual circumstances involved in this offending. There is also an absence of material indicative of remorse before me, other than your pleas of guilty.
43 Pursuant to s.18(4) Sentencing Act 1991, you have spent 200 days by way of pre‑sentence detention for this offending, i.e. approximately at that time, six months and 20 days.
44 The prosecution in opening this matter flagged its position on sentence. That is, that a custodial sentence was the appropriate disposition. I shall return to that.
45 Mr Dunn prepared a thorough written outline of submissions for your plea hearing and addressed them during the course of it (Exhibit 1). I was told something of your personal details and history.
46 You were 24 years of age at the time of this offending, and 26 at sentence. You lived/live at home with your parents. You are employed as a concreter in the construction industry.
47 Mr Dunn submitted that since your arrest in 2018, you had not been charged with any further offences which he urged was to your credit.
48 Your instructions were that you borrowed $1,500 from the victim with an opportunistic promise to repay within 24 hours. When you could not do that, you said the victim contacted you daily asking for his money and you said he had made inquiries as to where your parents lived.
49 You said you arranged to meet the victim. You argued with him about the money, directing him not to contact your family and threatened him, not to go to the police.
50 You counsel relied heavily on your lack of prior convictions, your pleas of guilty to the charges, your recent (since bail) lack of further offending and abiding by your current bail conditions. You also, Mr Dunn submitted, assisted your parents financially, albeit was not relied upon as ‘hardship’.
51 By way of background to your offending, he described that you had been charged with an offence earlier in 2018 and released on bail after your parents put their home up as security. On release, you had a number of debts including to your parents. You thought you would be starting work quickly, however, that did not eventuate.
52 You said you met the victim by chance and borrowed $1,500 from him, promising him to repay within 24 hours.
53 When you did not repay the victim, you said he chased you for it. Not surprising in my opinion. You became fearful your parents would be told you had borrowed money and that would severely embarrass and humiliate your family. Given the cultural matters I was told about (Exhibit A, paragraph 9), it would not have been a surprise to you that your parents would likely be approached for this outstanding money.
54 You said you arranged to meet the victim in an area subject to CCTV surveillance, although I note you could have parked your car much closer to the camera if you had wanted.
55 You said there was a ‘brief’ scuffle (prosecution submitted after discussion of about 10-15 minutes) between you both, and that you told the victim not to contact your family. You then left the scene returning home before being arrested on 14 July.
56 You counsel urged the injuries to the victim were minor. I am aware you have not been charged with ‘serious injury’ and also, I am aware of the injuries sustained (Exhibit A, paragraph 15).
57 Your counsel urged you had offered to plead guilty after the committal, although Mr Dunn conceded the offer was not accepted by the prosecution and that your offer to plead to the charges before me was not made until three days before your trial was to commence. Further, you denied your offending in your Record of Interview and through questions asked in cross-examination at committal. He urged your plea nevertheless had utilitarian value and I agree. You said you regretted your behaviour and the embarrassment to your family. I notice lack of reference to remorse to the victim, rather suggesting a type of ‘justification’ (and when I use that word, I do not mean in any legal sense).
58 Turning to your prospects of rehabilitation, your counsel urged since this offending in 2018, you had not been charged with any further offending, you had spent some time in prison, but also had been in continuous employment. That you had complied with bail conditions and retained the support of your family. I note your parents were present in court for your plea hearing and today.
59 It was submitted you have made positive steps towards your rehabilitation and that at age 26, rehabilitation was still relevant.
60 Whilst I accept you are ‘youthful’, there was limited information before me regarding your efforts to address this violent behaviour by you. There was no ‘expert’ report before me to assist in that regard. It is therefore difficult for me to know what needs to be addressed by you to improve your rehabilitation prospects. Mr Dunn made an oblique reference to what he submitted could be the effect of testosterone, however, there was no material before me relevant to that.
61 Regarding your rehabilitation prospects, I have concerns given the seriousness of your offending. Your response to the victim asking for his money was clearly 'disproportionate' and your use of the knife very troubling. There was no explanation for it other than you did not want your parents to be embarrassed by finding out you owed money.
62 At your age, however, prospects of rehabilitation are not extinguished. In sentencing you, I must seek to maximise your chances of rehabilitation as they may be, being mindful that you do not have a criminal history, other than the matter to which I have previously referred, which I disregard for the purposes of sentencing on the charges before me.
63 There was a chronology provided. You were born in 1994, your parents arriving in Australia in 1985. You are the youngest of four siblings.
64 Two references were also tendered (Exhibit 2).
65 A reference from Lynette Stevens dated 18 March 2020, your neighbour who has known you for 20 years. You were always respectful to her. She thought you had learnt your lesson.
66 A reference from Cengiz Tan, director of CT Concrete. He has known you for five years and you had worked for his company for two years. He was confident you had learnt your lesson.
67 Returning to the chronology. In 2000, you attended primary school and in 2006, Roxburgh College High School. You said you were bullied at school.
68 In 2012, you left school and began a school-based apprenticeship. Since 2013, you had been living at home, working on building sites, in construction and part time in security. You had a regular interest in attending the gym.
69 In 2015, following a trip to Turkey with your family, you returned to Australia, and to concreting and met the victim. In 2017, both of you worked for Tonda Constructions.
70
In March 2018, it is alleged you were involved in an incident with other
co-accused, involving making unwarranted demands and being involved in a drive-by shooting. That matter, as I said, is before this court in June 2020 at this stage for trial. The result of that of course is unknown, but I understand that that was why you were on bail.
71 Whilst on bail on 4 July, you and the victim met by chance at Universal Gym.
72 Your counsel urged a Community Corrections Order, together with a term of imprisonment of time already served, at that time, of about six and a half months. I am well aware of the decision of Boulton v The Queen.[1]
[1](2014) 46 VR 308.
73 Mr Albert, who appeared on behalf of the prosecution, submitted a custodial sentence was the only appropriate sentence. Imprisonment together with a Community Corrections Order would be open, if I considered such to be appropriate.
74 He referred to s.44(1) Sentencing Act 1991 and that the term of imprisonment could be, in essence, up to 18 months together with a Community Corrections Order if I was minded to such a disposition.
75 I arranged to have you assessed for your suitability or otherwise for a Community Corrections Order and I received a report from Ms Edwards after your plea hearing. The conditions and terms apparently of a Community Corrections Order were explained to you by her, and you stated your awareness and preparedness to her, to being on such an Order and the likely conditions.
76 You were assessed by Ms Edwards as a medium risk of re-offending. Drug treatment was considered important and as stated within the report.
77 Beyond this, given the lack of ‘expert’ material before me to explain this offending, I anticipate treatment addressing anger management and offender behaviour programs would also likely be considered and should be. Beyond, it will ultimately be a matter for Corrections, following discussions with you to determine appropriate treatment is required and/or counselling.
78 As well as matters personal to you, to which I have referred, including your prospects of rehabilitation as I find them to be, I must also take into account the need for general deterrence which is of importance in a case such as this.
79 There is also the need for specific deterrence when sentencing you, although I note again your lack a prior criminal history and anything subsequent.
80 I must also consider the question of protection of members of the community and bear in mind the likelihood of your re-offending. This causes me some concern as there is no explanation for your violent behaviour, other than wanting to avoid repaying the money and save your parents embarrassment.
81 I am called upon by the Sentencing Act 1991 to manifest the community’s denunciation of your conduct and to generally to impose a just punishment.
82 Your offending behaviour is very serious. However, I consider I am able to appropriately sentence you for this offending, taking into account the gravity of your offending together will all matters personal to you and in mitigation of sentence to a combination disposition. You will, however, be required to spend a further period of time in custody before you are released on that Community Corrections Order.
83 In order for you to understand your obligations on a Community Corrections Order, so that you can decide whether or not you consent to such an Order being made, I have to tell you something about it. So I will indicate at this stage, in general form what I propose, before I formally announce sentence. As I have said, a further term of imprisonment will need to be served before you commence the Community Corrections Order. But that Order would be with a conviction recorded and for a period of two years.
84 The following core conditions apply to the Community Corrections Order and obviously to yours because it applies to everybody's:
·You must not commit, whether in or outside Victoria, during the period of the Order, an offence punishable by imprisonment.
·You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, Corrections worker if you like, during the period of the Order, i.e. two years.
·You must report to the Broadmeadows Community Correction Centre at 24-27 Dimboola Road, Broadmeadows within two clear days following your release from custody.
·You must notify the Secretary, or his or her nominee or Corrections worker, of any change of address or employment within two clear working days after that change.
·You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.
·You must comply with any direction given by the Secretary that is necessary for the Secretary to give, to ensure you comply with the Order.
85 There are a number of other conditions attached to this Order, and they apply to you:
· You must perform 150 hours of unpaid community work over a period of 18 months as directed by the Regional Manager (s.48C). Fifty hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition (s.48CA). So you can get up to 50 hours off the 150, by doing any programs that they tell you, you should do.
· You must be under the supervision of a Community Corrections officer for a period of two years.
·You are required to be supervised, monitored and managed as directed by the Secretary, and/or his or her nominee (s.48E).
· You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager (s.48D(3)(a)).
· You must attend for review of your progress and compliance or otherwise with conditions of the Order and you have got to come back before me on 4 February 2021 at 9.30 am (s.48K). You will find out in a minute, that is a few months after your release.
86 As I have said, I can only impose a Community Corrections Order if you agree to such being imposed. I have to tell you even more about that.
87 If you contravene or breach that Order by committing further offences, you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach itself (s.83A(d)).
88 You can also be re-sentenced on the charges or the offences that are before me. One of the options available includes a further term of imprisonment (s.83A(s)).
89 So you have got to be extra careful for two years after release from prison. No committing any further offences that might incur a term of imprisonment, otherwise you are back before the court and you will be re-sentenced on the charges before me. So you have to be extra careful.
90 I have to also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Corrections officer, worker if you like, as part of this Order, a substantial fine can be imposed (s.83A(e) and A(f)).
91 Now just talking about the Community Corrections Order. I hope that Mr Dunn or Mr Cole has explained that to you?
92 OFFENDER: Yes.
93 HER HONOUR: Right. Well I have to ask, now that I have told you everything I think I can tell you about it, do you consent to being on that Order? Do you agree to being on that Order?
94 OFFENDER: Yes.
95 HER HONOUR: All right, very well. I will now formally sentence you as follows and counsel can keep up with this.
96 I sentence you as follows.
97 On Charges 1 and 2, you are convicted and sentenced to an aggregate of twelve months imprisonment. That is an aggregate.
98 On Charge 3, you are convicted and sentenced to two months’ imprisonment.
99 On Summary Charge 5, you are convicted and sentenced to two months’ imprisonment.
100 The aggregate sentence of Charges 1 and 2 is the base sentence. So your twelve months I am explaining to counsel is the base sentence.
101 I direct that one month of Charge 3 on Indictment J11849130.1 be served cumulatively upon the aggregate sentence and one month of Summary Charge 5 be served cumulatively upon that sentence.
102 Now on my maths, that results in a total effective sentence of 14 months’ imprisonment.
103 For clarity, the Orders for cumulation are upon each other and upon the base sentence.
104 I declare 209 days, up to and including yesterday, 1 April 2020, as pre-sentence detention (s.18(4) Sentencing Act 1991) and direct that be entered into the records of the court. Both counsel confirming that with me prior to me reading out this sentence.
105 Now that results in general terms, all right, not to the day, that results in a further seven months and about one week approximately in prison before you would then be on a Community Corrections Order for a period of two years. So it is about seven months and about a week. I have not done the maths to the day.
106 You are then convicted and sentenced to be on a Community Corrections Order for two years from the date of your release in approximately seven months’ and one weeks’ time. I have not calculated to the day and on those conditions to which I have previously referred.
107 You need to come back before me at court for judicial monitoring, which would be approximately three months, that is in approximately 10 months' time after commencing the Community Corrections Order. I hope that makes sense.
108 Pursuant to s.6AAA Sentencing Act 1991, had you pleaded not guilty to these offences and been found guilty of them, I would not have imposed a sentence that included a Community Corrections Order, rather would have sentenced you to four years six months imprisonment, with a non-parole period of three years.
109 Now I just want to check, are there any other orders?
110 MR ALBERT: The disposal Orders for substances, Your Honour.
111 HER HONOUR: Was that agreed to, I cannot remember.
112 MR COLE: Yes, Your Honour.
113
HER HONOUR: Very well, not opposed. All right, so prosecution made application for a forfeiture/disposal Order in relation to a number of items. This was not opposed by counsel who appeared on your behalf at today's sentencing hearing. There are no others? Now does that accord with the appropriate wording of this combination disposition, bearing in mind the
pre-sentence detention? Does that make sense? Is everyone happy? You understand the sentence is really what I am asking.
114 MR ALBERT: Yes, Your Honour.
115 HER HONOUR: Is there anything that is unclear about it?
116 MR ALBERT: I don't believe so, Your Honour.
117 MR COLE: I don't believe so, Your Honour.
118 MR ALBERT: Could I just check one matter - - -
119 HER HONOUR: Sure.
120 MR ALBERT: - - - Your Honour gives me a moment.
121 HER HONOUR: Now I have only done approximates on those.
122 MR ALBERT: Yes.
123 HER HONOUR: Yes, not to the day. There will be an administrative shutdowns and all that.
124 MR COLE: I was going to say that would be (indistinct) anyway even if you'd done it exactly. It probably wouldn't be accurate.
125 HER HONOUR: No, no doubt there will be something eventually I guess. I don't know.
126 MR ALBERT: (Indistinct words) covers it, Your Honour.
127 HER HONOUR: I've covered it?
128 MR ALBERT: I hope so.
129 HER HONOUR: Very well, all right. All right, well thank you both.
130 MR COLE: As Your Honour pleases.
131 HER HONOUR: We'll disconnect the link Mr Akbaba. There is a new process about signing the Corrections Order. Can you tell us what happens now?
132 ASSOCIATE: Your Honour, I will contact the prison and we'll have to send them - Corrections some paperwork.
133 HER HONOUR: So what happens is, my associate now has to - because we are doing video links now, instead of you being here where you could have signed it here, my associate is going to ring the prison and send paperwork to them now. Is it now? Five minutes, so very soon. So he stays where he is?
134 ASSOCIATE: I think so.
135 HER HONOUR: All right, well you are then going to be given these documents to sign that relate to the Community Corrections Order. So l have to sign it. Then it will be sent back to me by the prison. Is that right? And all this is going to happen nice and quickly is it? All right well we live and hope. All right, so you follow that?
136 OFFENDER: Yes.
137 HER HONOUR: They will find you. You have to sign the document and it will come back. It just sets out the conditions and just be careful of the two days after the sentence that you attend at Broadmeadows, all right? Is there anything further?
138 MR ALBERT: No, Your Honour.
139 MR COLE: No, Your Honour.
140 HER HONOUR: No, all right. Very well Mr Akbaba, your counsel will have to - can you be quick?
141 MR COLE: Yes, Your Honour, in terms of - at least give him a basic - - -
142 HER HONOUR: Yes, do you want to have a minute?
143 MR COLE: If I could while we are waiting for that, if I could.
144 HER HONOUR: Well you cannot have long because - - -
145 MR COLE: No, no.
146 HER HONOUR: Yes, that's all right.
147 MR COLE: Just a very brief recap.
148 HER HONOUR: All right, well I'll ask everyone to leave except my tipstaff and my associate. Everyone else can leave and I'll leave and you can have just two minutes. If it saves you - - -
149 MR COLE: Yes, thank you. I'll take the time because he's there.
150 HER HONOUR: Yes.
151 MR COLE: And I don't know how long it will take to get him back on the phone.
152 HER HONOUR: Yes Mr Akbaba, I will give you a quick moment. Yes everyone else will have to go out. I'll have to ask your parents to go out, it is not a social chat, it is just to give you a chance to speak to your barrister, your counsel, your solicitor sorry, in the privacy without me being present and without anyone else being here, in particular, the prosecutor will be out, all right?
153 OFFENDER: Yep.
154 HER HONOUR: Just to make it easier for you, otherwise - - -
155 MR COLE: No that's fine, Your Honour, I'll explain that to him once Your Honour goes - briefly, what's happened.
156 HER HONOUR: Yes if you would pop out, that would be great. Thank you. Outside, thank you. Thank you, Mr Albert.
157 MR COLE: You just knock on the door and I'll - - -
158 HER HONOUR: No, no.
159 MR COLE: Because I'll do whatever.
160 HER HONOUR: Just be quick.
161 MR COLE: Yes.
162 HER HONOUR: No, just be quick. No, my staff will hurry you up.
163 MR COLE: Thank you.
164 HER HONOUR: Yes, all right.
165 (Short adjournment.)
166 HER HONOUR: I think there was a miscommunication there.
167 MR COLE: Yes, we weren't a hundred per cent sure.
168 HER HONOUR: So you were very well behaved, but no, I had finished, I have concluded. I have nothing more to say and I was just giving you a chance to confer with your client. That was all.
169 MR COLE: No thank you, Your Honour, it is just when you said very brief, I thought you were popping in and you were going to pop back out as well, but I was - - -
170 HER HONOUR: No, no, I meant you had to be brief.
171 MR COLE: Yes.
172 HER HONOUR: But that was just because - - -
173 MR COLE: No thank you, Your Honour.
174 HER HONOUR: - - - using up the system.
175 MR COLE: Yes, no the video link.
176 HER HONOUR: We're paying - it said per hour.
177 MR COLE: Yes.
178 HER HONOUR: Whatever. So that is fine. Well just seeing you're here, just show them that Order there so that you can see that it's right. Just hand a copy to the parties. You may as well have a look at it so you can at least tell your client that it's - - -
179 MR COLE: Yes, Your Honour.
180 HER HONOUR: - - - consistent with what I've said.
181 MR COLE: Thank you.
182 HER HONOUR: Or not. All right, well that will be - - -
183 MR COLE: Yes, Your Honour.
184 HER HONOUR: - - - making its way out there to be signed.
185 MR COLE: Certainly, Your Honour.
186 HER HONOUR: Yes thank you. All right, well I am now going to disconnect the link and I am now going to leave the court and that is all I need to do, all right?
187 MR COLE: Yes, Your Honour.
188 HER HONOUR: Everyone right with that? Thank you.
189 MR ALBERT: Yes, Your Honour.
190 HER HONOUR: Yes, thank you.
- - -
0