Director of Public Prosecutions v Al Mousawi

[2025] VCC 153

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
 Suitable for Publication

Case No. CR-24-00163

DIRECTOR OF PUBLIC PROSECUTIONS

v

MONTATHER AL MOUSAWI

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	22 January 2025
DATE OF SENTENCE:	21 February 2025
CASE MAY BE CITED AS:	DPP v Al Mousawi
MEDIUM NEUTRAL CITATION:	[2025] VCC 153

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – False imprisonment – Common law assault – Previous criminal history – Assault in custody – Traumatic brain injury – Significant change in circumstances – Reasonably good prospects of rehabilitation – Delay.

Legislation Cited:      Crimes Act 1958 s 465; Sentencing Act 1991 ss 6AAA, 18, 44, 48CA.

Cases Cited:DPP v Weybury [2018] VSCA 120; R v Van Boxtel (2005)11 VR 258.

Sentence:                  Imprisonment for a period of 309 days (time served) and a Community Correction Order for a period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr T Crouch	Office of Public Prosecutions
For the Accused	Mr W Barker	Theo Magazis & Associates

HIS HONOUR:

Introduction

1Montather Al Mousawi, you have pleaded guilty to the following charges:

(a)   one charge of false imprisonment contrary to Common Law which carries a maximum penalty of 10 years imprisonment; and

(b)   one charge of common law assault contrary to Common Law which carries a maximum penalty of 5 years imprisonment.

2You have also admitted your Criminal Record.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4The victim in this matter is Tyson Cameron who was 24 years old at the time of the offending. He was residing with his mother and girlfriend in the Shepparton area. The victim was working part-time.

5You were 25 years old at the time of the offending. You were residing with your parents in Kialla and at the time were unemployed.

6You co-offender in this matter is Mohammed Zaoli. Mr Zaoli was 30 years old at the time of the offending and resided at his parents’ house in Dandenong. He was employed and working on rail and road projects where he undertook various roles.

7The victim had known you since he was in year 8 at High school and you began having regular contact with each other about 9 months before the incident. It would appear that you the victim were selling drugs and that he was holding on to your cash for safe-keeping.

8The victim states he does not know your co-offender however there is communication between the pair via messaging on the victim’s phone.

9On 5 April 2023 at approximately 1:20pm, your co-offender attended Motopool Melbourne, Tullamarine in a white Isuzu MUX. He returned this vehicle and collected a grey 2023 Isuzu D-Max utility. The vehicle was leased in his name and paid with his debit Mastercard.

10At approximately 1:36pm, your co-offender drove the Isuzu D-Max to various locations in the inner northern suburbs of Melbourne and at approximately 9:16pm travelled to the Shepparton area.

11Prior to your arrival at the victim’s address, you called the victim stating you were ‘coming to collect’. At approximately 11:17pm, the Isuzu D-Max containing yourself, your co-offender and another male named ‘Chris’ arrived at an address in Shepparton.  Your co-offender was seated in the driver’s seat, you were seated in the front passenger seat and ‘Chris’ was seated in the rear.

12The victim collected two bundles of cash from his bedroom, exited the house and met with the three of you at the vehicle. The victim did not know your co-offender but the others referred to him as ‘Rez’. The victim handed you an unknown amount of cash.  You looked at the cash and stated, ‘it’s fucking short, what are you doing?’ The victim told you he would go back inside and see if there was any more money.

13The victim returned to his room and asked his partner Amy Batey if she had seen the money. He had a good look around but couldn’t find any more. He returned to the Isuzu D-Max and said, ‘That’s all I had at the house’.  You replied ‘get in the car bro’.  The victim got into the car and you drove for approximately 1km.  You continued the conversation about the missing money and how the victim needed to find it.

14At approximately 11:31pm, you returned the victim to his home so he could have a better look for the money. He was asked to meet back up with the three of you at a local 7-Eleven. The victim walked inside and continued looking for the missing money. Ms Batey observed the victim to be walking in and out of the house using his phone. He was flustered and asking about money. He looked everywhere over and over again. Your co-offender then drove the Isuzu D-Max to 7-Eleven Shepparton and arrived there at approximately 11:47pm.

15The victim did not find any more money so he took the keys to Ms Batey’s vehicle and drove to the 7-Eleven. He arrived at approximately 12:06am on 6 April 2023 and parked in the carpark on the left side of the Isuzu D-Max.

16You got out of the Isuzu D-Max, walked over to the victim’s car, removed the keys from the ignition and told him he wasn’t going anywhere. You took his mobile phone and went through it. You told him ‘it was going to be a long night’.

17After about 20 minutes you gave the phone back to the victim and yelled at him to get the money for you. After this, you told him to get into the Isuzu D-Max. The victim got into the rear seat on the passenger side of the vehicle beside the other male, ‘Chris’.

18Sometime after this, you exited the car, opened the victim’s door, slapped his face and elbowed him to the ribs. You became more aggressive and angrier stating, ‘I’m gonna lose it bro’. Your co-offender and Chris were aware of what was occurring.

19The victim told you he was trying to sort out the money situation. You stated to your co-offender ‘I’m gonna lose it bro, take him out to Rafferty Road, I’m gonna violate this kid’.

20At approximately 12:29am, the victim called Ms Batey. He sounded flustered to her and said things like, ‘do you have any money at all’. Ms Batey thought it sounded like someone was with him and standing over him. At this point, the victim told Ms Batey that he was at the Paradise Lakes Motel, Kialla and was worried.

21Throughout the night, the victim continued to contact Ms Batey via ‘snapchat’. On each occasion, he would specifically ask for $10,000. Ms Batey describes the conversations as though they were scripted or written down for him to read. During the conversations the call was muted from time to time and then he would say more. During the calls, Ms Batey could hear male voices in the background stating, ‘tell us where the money is, tell us where it is’.

22Ms Batey eventually went to sleep. At approximately 3:00am, she woke up to find the victim in her room searching for money. He asked her if she had taken any of it. After about 20 minutes, the victim left the house and Ms Batey went back to sleep.

23At about 3:40am, witness Janette Vandermeer was asleep but received a text message from the victim stating, ‘hey I have misplaced some of my mates money I need $9,000 can you send it to me, I’ll give it back to you when I get it I’m pretty sure I know where it is please’.

24Between 11:47pm on 5 April 2023 and 5:26am on 6 April 2023, CCTV footage from 7-Eleven, Shepparton shows you, your co-offender and ‘Chris’ attending the store at various times.

25At approximately 5:26am, the Isuzu D-Max left the 7-Eleven car park.  The victim was driven in the Isuzu D-Max to a carpark near a reserve off Raftery Road. At this location you became confrontational. You exited the vehicle, opened the victim’s door and proceeded to grab him around the throat and tried to choke him. You grabbed the victim by his clothing and tried to drag him out of the vehicle. The victim was crying and begging you to stop.

26You dragged the victim out of the vehicle who felt very intimidated by you as you were pacing around with clinched fists. You then punched the victim to the face three times in quick succession.

27You returned to the Isuzu D-Max, drove to another part of the carpark and stopped. You again opened the victim’s door and punched and elbowed him to his head, neck and ribs. The victim pleaded with you to stop.

28At about 6:26am, Ms Vandermeer received a text message from the victim stating, ‘can you call me when you wake up’. Ms Vandermeer then sent the victim a message saying ‘what!! Are you awake now? If you owe money for drugs you might have to go to the police!’.

29At about 6:39am, Ms Vandermeer called the victim. He can’t remember the exact words but stated that the victim said something similar to ‘my mate gave me some money to hold, I have misplaced it and he needs to get it today’. Ms Vandermeer questioned the victim about the money to which he said his mate is a good bloke and that he had just misplaced it. Ms Vandermeer described the victim’s voice as calm but desperate and focused on returning the money by the end of the day.

30At about 7:14am, Ms Batey again woke up and noticed she had missed calls from the victim. She then received a call via snapchat. The victim asked her to check for the money. Ms Batey asked for her car as she needed it back. She could hear other men in the background saying ‘don’t tell anyone’, but the victim told her the car was at 7-Eleven in Shepparton North and to meet her there.

31At about 7:30am, Ms Batey drove to the 7-Eleven and observed her vehicle parked in the car park with no-one in it. She sent a message via snapchat to let the victim know she was with the vehicle. They were surprised she was already there. The victim called Ms Batey and told her to meet them at the Shepparton Sports Stadium.

32At about 7:45am, Ms Batey drove to the Stadium and met you, your co-offender, the victim, and ‘Chris’. Ms Batey observed the victim in the rear of the Isuzu D-Max. She got into the Isuzu D-Max and sat next to the victim who appeared to be scared and didn’t talk much. Your co-offender remained in the driver’s seat and you and the third male were outside the car on your phones. 

33Ms Batey was worried but you tried to reassure her by saying they just need the money and once they had it, everything would be okay. You requested Ms Batey go back to 7-Eleven and buy a can of ‘Red Bull’ for the victim. Ms Batey did so and returned shortly after.

34Ms Batey was in the Isuzu D-Max for another 5 minutes with the victim who did not speak at all. You wanted her to find the money and told her a mate needs to be paid today. You handed Ms Batey the keys to her car and shortly after she left and went home.

35After Ms Batey left, you opened the victim’s door and assaulted him by punching his back and ribs. The victim described this assault as the worst during the entire incident. Soon after, you said you wanted to get a motel room and told the victim, ‘You’re not going anywhere’. ‘Chris’ called the motel and booked a room.

36Ms Batey was in contact with the victim’s sister, Jasmine Cameron. Ms Cameron sent a message to Ms Batey offering to go to the Police Station with her. Ms Batey replied:

‘yes please, I have work at 10.30. But idk what to say I don’t want them to ask me questions. I just got the key of my rental car back cause he took off with it last night and that’s when he never returned. They said they are just gonna hold him until he pays 10k and kept saying don’t worry we aren’t gonna do anything we just can’t let him go until he pays it. I don’t even know who they are apart from Monty’.

37At about 10:30am Ms Batey and Ms Cameron went to the 7-Eleven to collect Ms Batey’s vehicle. After this, and after discussion with Ms Vandermeer they went to the Police Station to report the incident.

38At about 10:37am, you, your co-offender, Chris and the victim arrived at the Paradise Lakes Motel, Kialla in the Isuzu D-Max. ‘Chris’ went to the office, paid with cash, collected the key and you all went to room 5.

39Once in the room, you, your co-offender and ‘Chris’ started using cocaine. You were very angry and were using the victim’s phone to message Ms Batey. You continued to assault the victim who tried to block the punches. You threatened to boil the kettle and throw boiling water over him.

40At about 12:16pm, your co-offender and ‘Chris’ left the motel room and got into the Isuzu D-Max. You drove to an unknown location, and returned at about 12:21pm to the room.

41At about 2:00pm, The victim called Ms Vandermeer whilst she was at the Police Station. The conversation was recorded. During the conversation, the victim wouldn’t tell Ms Vandermeer where he was and just wanted to speak with Ms Batey. The victim stated that he was in trouble and believed Ms Batey had the money. He said the money was for drugs and stated ‘it’s just his money’. Ms Vandermeer asked the victim what would happen if he didn’t have the money. There is background noise and a male voice can be heard, ‘Bro tell your mum to …Amy, say talk to her, you’re going to give her a call back’

42At about 5:16pm, your co-offender and ‘Chris’ left the room and got into the Isuzu D-Max. Your co-offender was seated in the front passenger seat and ‘Chris’ was driving.  They travelled back to Melbourne.

43The entire incident occurred over approximately 22 hours. According to the victim the order of events may be a little confused due to fatigue and fear. During the time at the Paradise Lakes Motel, Kialla, you picked up a butter knife and heated it with a lighter flame. You then held the knife close to the victim’s neck and said, ‘Call Amy now or I’ll slash you’.

44You made a line of cocaine and told the victim to take it. He didn’t want to as he has a bad heart but did it because he didn’t want you to get any angrier.

45About halfway through the time held at the motel room, the victim thought your mindset changed. You began to think that Ms Batey was playing dumb and that she was responsible for taking the missing money. You stated you felt bad for violating the victim.

46The victim went along with you and sent messages via snapchat to Ms Batey stating, ‘I know you stole it from me, when are you going to get money?’.

47You began to make threats towards Ms Batey in front of the victim, saying you would get someone to slice her up and you would fuck her in front of him. You made the victim send voice messages to Ms Batey and as you did this, assaulted him and held a knife to his throat.

48During the recorded snapchat audio message, the victim stated, ‘Amy I know you got the fucking money, this is very serious alright...I’m not…listen Amy, this is fucking serious…….stop it bro stop it (unknown male voice in background….Bro…tell her she…..got the money… )..…I know you got the money Amy, please just….just fucking help me out please’.

49The victim felt he was in danger during the time he was held against his will. He did not try to escape as he believed it would make matters worse as you knew where he and his family lived.

50Investigators obtained a number of photos of messages between the witnesses and the victim. At an unknown time, a snapchat conversation between the victim and Ms Batey occurred during the incident.

Ms Batey sent; ‘I’m trying to sort a loan for the money. I promise I’m gonna get it. It’s all going to be okay I promise!!! I think I’m on to something’.

The victim replied; ‘How much did you even take from the stake! Fuck how long will kt take. They saying just bring the money and everything will go back to normal. Will drop everything and nothing will happen’.

Ms Batey said; ‘I don’t have the money. I never took any that’s why I’m trying to get it. I would never take the money’.

51At approximately 8:00pm, Special Operations Group forced entry to room 5. The victim and yourself were inside. You were arrested and handed over to investigators. You were treated by Ambulance Victoria for a dog bite. The victim was taken to the Shepparton Police station where he made a statement.

52Shortly after investigators executed a Crimes Act 1958 section 465 search warrant and seized a number of items.

53You were taken to the Shepparton Police Station for interview. A black t-shirt and black shorts worn by you were seized. You complained about a sore arm and believed it to be broken. Ambulance Victoria attended shortly after and transported you to hospital.

54On 7 April 2023 at 1:35am, you were transported back to the Shepparton Police. Your arm was not broken. Due to medical treatment and fatigue, you were given time to sleep prior to interview.

55At approximately 10:50am, you were interviewed and provided a ‘no comment’ response to all questions. A DNA buccal swab was obtained.

56A search warrant was executed at your residential address. No items were seized.

57You were charged and remanded in custody.

Nature and Gravity of offending

58The offence of false imprisonment is a serious offence caring a maximum penalty of 10 years imprisonment. In this instance, while your offending did not involve physical restraints, you nonetheless exercised a degree of power over the victim via the use of intimidation, threats and physical assaults. Further, the fact that the false imprisonment extended over various locations and for a significant period of time - some 22 hours - elevates the serious of your conduct.

59The common assault charge relates to various instances of physical assault that occurred throughout the time of the false imprisonment including grabbing the victim around the throat, and punching him a number of times to his back, ribs, head and neck. While there is no evidence of ongoing injury, your assaults to the victim would have at least caused physical pain and added to the fear experienced by him throughout the ordeal. 

60Mr Crouch, who appeared on behalf of the Director of Public Prosecutions, submitted that in the circumstances your conduct falls at the mid to lower end of false imprisonment. While such terms may be problematic when assessing where offending sits within a range[1], in my view in all the circumstances I concur with the submission on behalf of the Director.

[1] DPP v Weybury [2018] VSCA 120, [54].

Personal circumstances

61You are 27 years of age and were 25 at the time of the offending. You are of Iraqi heritage, your parents fled Iraq due to the political unrest and conflict under the regime of Saddam Hussein. You report that several of your extended family members have died as a direct result of the country's conflict at the time.

62Your family initially fled to Iran, where you were born to your parent's union as their  first child. Your family then fled via refugee status to Papua New Guinea, where your brother was born and New Zealand where your parents had your sister. Your family was then motivated to migrate to Australia due to both you and your mother suffering from asthma and skin conditions associated with the New Zealand climate.  

63Your youngest brother was born once your family migrated to Australia in 2010. You were 12 years old.

64You report that you adjusted well upon arrival in Australia and then Shepparton feeling that culturally, there was increased exposure and support due to the large Iraqi community in the area.

65Your father worked multiple jobs throughout your residency in New Zealand, sometimes working five different jobs concurrently. You express that your father exhibits an incredibly high work ethic and provided financial stability for your family.

66Growing up your father was strict and more authoritarian in nature however, you report he always maintained a supportive relationship with you and your siblings. He was never physically violent with you however you concede you felt intimidated by his strictness and had a fear of disappointing him. You are emotionally closer to your mother due to her kindness, support and understanding.

67Your family are close and are very supportive of you. You have continued to reside with your parents throughout your adult life.

68Whilst in New Zealand, you attended primary school where you recall a positive experience. You entered Year 7 at Shepparton Secondary College easily making friends with a diverse group of nationalities. You currently hold New Zealand citizenship.

69You began encountering fights and conflicts throughout your secondary education and were suspended for fighting. You admit that you were disinterested in your education or wanting to pursue further studies. Your parents attempted to intervene and encouraged you to become more studious however you were expelled for an accumulation of behavioural infractions by Year 11.

70You completed one year of information technology studies at TAFE however you were disconnected and had minimal attendance throughout the year.

71You began paid employment at age 18 working simultaneously at two factories where you deny any workplace conflict or aggression. You continued working casually until you become more entrenched in drug dealing behaviours and ceased employment.

72You commenced cannabis use at age 16 which developed into a daily habit soon after. You would smoke up to five joints per day however, concede you are unable to recall specific amounts consumed as you were involved in the distribution and had easy access to the substance. You ceased alcohol and cannabis use entirely upon your release from custody at age 23.

73You began using and simultaneously dealing cocaine at the age of 21, using it minimally on the weekends. You deny any further illicit substance use and concede you were more interested in ‘selling [drugs] rather than using’. Relevantly, your criminal history records a prior conviction for trafficking cocaine and other dishonesty related matters.

74You developed an interest in kickboxing at age 15 which progressed to boxing by age 17. You have participated in several amateur boxing matches stating that your peers perceive you as being strong and capable in fights. Between the ages of 20-23 you experienced a range of injuries from fights, including a head injury requiring medical management and stitches at age 23, a broken arm at age 20 and a broken finger from a custody altercation at age 22.

75Since February 2024 you have been employed as a coach in a boxing gym and are responsible for teaching children and teens, which you report finding very rewarding.

76Turning now to your psychological and medical history. A psychological report of Andrea McNeill dated 17 January 2025 was tendered on the plea which provides a comprehensive personal and psychological history.

77Whilst you experienced some early life adversity and instability relating to your parents having to flee Iran shortly after you were born, your childhood was stable.  You describe a positive family connection and hold your parents in high regard, demonstrating respect and admiration for their parenting and your childhood.

78Ms McNeill is of the opinion that the respect you hold for your parents and their strict parental discipline may have acted as a contributing factor to the development of your non compliance and defiance within the education system. She further opines that you have developed antisocial behaviour as a result of a controlled environment with high expectations and pressure to comply.

79Whilst on remand for this matter you suffered a serious assault where you were hospitalised with facial and head injuries and experienced a coma. Consequently you have been diagnosed with a Traumatic Brain Injury (TBI), which has caused major implications on your cognitive and physical recovery.

80Alongside the physical injuries you sustained, the assault left you experiencing low mood and long periods of sadness. Ms McNeill comments that your brain injury was life-changing for you, triggering you to display genuine concern, anxiety and depression about your current and future life circumstances. She further elaborates that the circumstances of this brain injury, alongside the fear of being returned to incarceration, the place where your TBI occurred, has created an adjustment disorder with mixed anxiety and depression.

81Ms McNeill states that your assault has left you emotionally heightened, which when paired with further incarceration, leaves you vulnerable and liable for further mental health decompensation and development of Post Traumatic Stress Disorder (PTSD).

82Regarding your offending behaviour, Ms McNeill is of the view that you display  insight into your crimes, identifying the precipitating factors which related to your offending behaviour. You explicitly identified the relationship between your substance use, drug dealing behaviours and offending behaviour. Furthermore, your TBI has created a genuine desire to remain disconnected from antisocial networks which is demonstrated through your engagement in the boxing gym and the continued support of your family.

Sentencing considerations

Matters in mitigation

83I first take into consideration your plea of guilty. You were originally facing more serious charges, however following a sentencing indication hearing before me, you entered a plea to charges that were not the same as on the original indictment. Thus, your plea can be considered to have been entered at the earliest reasonable opportunity. Your plea has saved the court the time and expense of a trial thereby advancing the course of justice.

84While you have lived in Australia since you were 12 and you have applied for Australian citizenship, you are currently a citizen of New Zealand. I therefore take into account the fact that during the time you have spent on remand you lived with the burden of the risk of deportation and the prospect of being removed from your established family and community.

85During the period that you were on remand for this offending you were very seriously assaulted in custody. The injuries you suffered resulted in you being in a coma for a number of days and ultimately being diagnosed with a traumatic brain injury. Mr Barker who appeared on your behalf submitted that this assault has been a life changing event for you. Ms McNeill made similar observations:

Mr Al Mousawi demonstrated insight, and this development is primarily attributed to his life-changing experience of in custody assault resulting in the TBI. This injury causes him significant concern and has limited his physical movement and ability to engage in activities such as running or skipping, thus reducing his overall physical strength. Emotionally, the injury has created a sense of vulnerability that he has previously not experienced, and this allows engagement in psychological services to enhance further and attain change.

86Ms McNeill is also of the view that because of your assault, reincarceration would result in you being ‘emotionally heightened, vulnerable and liable for further mental health decompensation and development of Post Traumatic Stress Disorder.’ Further, Ms McNeill states that you will require additional cognitive functioning assessment relating to your TBI in order to assist in developing the most appropriate treatment. I was informed that this is to occur in the near future.

87Having considered the medical and psychological evidence, I am satisfied that as a result of your traumatic brain injury, any further imprisonment would be more burdensome for you.[2] More generally, I take into account that your injury requires further treatment and assessment as you continue to recover in order for you to reintegrate into the community. Such treatment and assessment is undoubtedly more readily accessible in the community as you continue your rehabilitation.

[2] R v Van Boxtel (2005)11 VR 258, [33].

88Turning to your prospects of rehabilitation, as noted, your injury has made a substantial impact on your life, resulting a significant change in your circumstances. You are settled, living with with your family and you have abstained from any further drug use. As noted, you have demonstrated insight and you are open to receiving further treatment and counselling including in relation to your past drug issues which were the catalyst of this offending. In the circumstances in my view your prospects of rehabilitation can be assessed as reasonably good.

89It was submitted that delay has relevance in this instance. The offending occurred in April 2023, almost two years ago. It was submitted that the second limb of delay is particularly relevant as you have used the period of delay to advance your rehabilitation. While again the life changes you have made are to an extent attributable to the serious injury you have suffered, you have nonetheless demonstrated insight, you have ceased drug use, and you have not reoffended. In my view delay is a mitigatory factor which I take into account.

Other sentencing considerations

90General deterrence and denunciation of your conduct are prominent sentencing considerations. You intimidated, bullied and assaulted the victim over an extended period of time. While you have not disclosed the detail as to the source of the dispute with the victim, there are no circumstances where your conduct could be justified and others must be made aware that such conduct will not be tolerated by the courts. As to specific deterrence while you have prior drug related history, you do not a have any assault priors. Nonetheless, in my view while your prospects of rehabilitation are good, specific deterrence still must carry some weight in the sentencing calculus.

91I had you assessed for a community correction order for the purposes of consideration of a combination sentence and you have been found suitable. In my view in all the circumstances, a combination sentence which does not require you to serve a further period of imprisonment is able to meet the relevant sentencing considerations while promoting your ongoing rehabilitation. While all correction orders are punitive in nature the order I impose will have both punitive and therapeutic conditions.

Sentence

92Mr Al Mousawi, would you please stand.

93Montather Al Mousawi, on Charge 1, false imprisonment, you are convicted and sentenced to 309 days imprisonment. On Charge 2, common law assault, you are convicted and sentenced to 4 months imprisonment to be served concurrently. Thus, the total sentence is 309 days as the prison component of the combination sentence pursuant to s 44 of the Sentencing Act 1991 (‘Sentencing Act’).

94In addition to the prison term which you have already served, you will be placed on a community correction order for a period of 2 years with special conditions. You will be required to complete 100 hours of unpaid community work over the period of the order. Further, you will be required to undertake treatment and rehabilitation in relation to drug use, your mental health and programs to reduce reoffending. You will also be subject to supervision.

95Pursuant to s 48CA of the Sentencing Act, I direct that all hours that you satisfactorily complete pursuant to the treatment and rehabilitation conditions, may be credited as hours of unpaid community work.

96Pursuant to s 18 of the Sentencing Act, I declare that 309 days be reckoned as the period of imprisonment already served under the sentence I have imposed.

97Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 2 years and 6 months with a non parole period of 20 months.