Director of Public Prosecutions v Anwar
[2022] VCC 100
•9 February 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 21-01516
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ZAIN ANWAR |
---
JUDGE: | HIS HONOUR JUDGE SMITH |
WHERE HELD: | Melbourne |
DATE OF HEARING: | |
DATE OF SENTENCE: | 9 February 2022 |
CASE MAY BE CITED AS: | DPP v Anwar |
MEDIUM NEUTRAL CITATION: | [2022] VCC 100 |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the Commonwealth Director of Public Prosecutions | Ms J. O'Reilly | |
For the Accused | Ms Walker |
HIS HONOUR:
1Zain Anwar, you have pleaded guilty to a charge of using a carriage service to transmit child abuse material contrary to s474.22(1) of the Criminal Code (Cth). You have also pleaded guilty to one charge of possessing or controlling child abuse material obtained or accessed using a carriage service, contrary to s474.22(1) of that Code.
2The offences are alleged to have occurred on 14 October 2019 and 25 February 2021, respectively. The maximum penalty for those offences in each case is 15 years' imprisonment.
3The circumstances of your offending were set out in some detail in the Summary of Prosecution Opening for Plea, which document was tendered at your plea hearing. The circumstances of your offending are briefly as follows.
4On 25 February 2021 police executed a search warrant at an address in Hampton Park where you resided with your parents and two younger brothers. During the course of execution of the search warrant your Apple iPhone and a Lenovo laptop computer were seized. Your iPhone revealed a number of WhatsApp communications between you and another person who went under the name of 'Rashona'.
5Between 13 October 2019 and January 2021 a total of 31 images and videos were shared from you to Rashona. Only one of those was able to be viewed by investigating police and it is the only subject of Charge 1. The image depicted a pre-pubescent female lying naked on her back with ejaculate on her face and torso with an adult male in the foreground, holding his penis.
6The second offence occurred on 25 February 2021. Your laptop was subjected to forensic analysis. Police identified one video file containing child abuse material together with 95 video files containing such material. A description of the content of those materials was set out in Annexure A to the Summary of Prosecution Opening for Plea, which was tendered along with the summary at your plea hearing. Both your counsel and the prosecutor advised me that they considered that the description of the material in Annexure A accurately and adequately described the content of those files and that I did not need to view all or even a sample of them.
7The content of Annexure A described the contents of those files relating to Charge 2 in the following terms:
·A female child performing oral sex on an adult male;
·A close-up video with a focus on the genitals of female children;
·Adult males ejaculating onto the face of female children;
·Female children being vaginally penetrated by adult males;
·Adult females performing oral sex on pre-pubescent boys and girls;
·Videos showing a pre-pubescent female engaged in sexual intercourse and masturbation with an adult female whilst an adult male watched, masturbated and ejaculated;
·Pre-pubescent males engaged in sexual intercourse with adult females;
·Videos depicting children crying or in distress and children depicted in the videos being aged between infant age and 14 years of age.
8By way of background you were born in 1988 in Pakistan. You have two younger brothers aged 14 and 20. Your family migrated to Australia from Pakistan in 2011, when you were 12 years old. Now, as I sit there and read that that mathematically does not make sense. Just one moment. It's not of great moment, I must say, but just - what was the date of birth, Ms O'Reilly?
9MS WALKER: 1998.
10HIS HONOUR: 1998. I think I said 1988. That does now add up, thank you. You were born in 1998. You emigrated to Australia from Pakistan in 2011, when you were 12. You live at home, and have lived at home with your parents and brothers. It would seem that you have enjoyed a happy and stable childhood.
11By way of education you completed your VCE at secondary school in Melbourne and shortly after commenced a podiatry degree course at La Trobe University. You were in your fourth and final year of that course when you were arrested and charged with these offences. Your counsel has advised me that in order to undertake work placements, which are an essential part of your course, you are required to have a valid Working with Children Check. Upon being charged with these offences your Working With Children Check was suspended and you have therefore been unable to complete your degree. You have deferred your place in that course, although your counsel has advised me that you intend to discontinue that course. You are currently studying a Certificate IV course in Accounting and Bookkeeping at Chisholm TAFE. You intend to transfer to an accounting degree course in the future.
12Apart from a part-time job at the age of 16 you have never undertaken paid employment. You had aspirations to work as a podiatrist upon completing your degree course, however realistically this appears no longer to be possible.
13Your counsel has advised me that you have never engaged in any illicit drug use and you do not drink alcohol. You are in reasonable health, although you do have Type 2 diabetes which is controlled with medication and diet. You also suffer from a degree of high cholesterol, for which you take some medication. You have never been formally diagnosed with any mental health conditions, nor have you been prescribed psychotic or anti-psychotic medication.
14You have been on bail since shortly after your arrest in late February 2021.
15A report jointly prepared by Daria Sizenko, a provisional psychologist, and Pamela Matthews, a forensic psychologist, dated January 2022 was tendered at your plea hearing. As I understand you have attended 10 sessions of treatment with Ms Sizenko between late March and early July 2021. You discontinued your engagement with her in July 2021, citing financial problems.
16In that report the authors note that you first encountered child abuse material when you were aged around 14, having been sent materials by an older person. You advised Ms Sizenko that you had attributed your offending to a lack of sexual education, curiosity and loneliness. You were treated by way of cognitive behavioural therapy and mindfulness in 10 sessions. You engaged well in sessions, although at times you seemed apathetic when discussing matters relating to mental health, and with adjusting behaviours to assist in managing them. And finally, towards the end of the sessions, you had indicated a greater understanding of your thoughts and emotions.
17Also tendered at your plea hearing was a letter from your father in general support of you. He considers that you are a person of good character. He considered that you were kind and polite and said that you had never spoken ill towards anyone or shown any form of aggression. He states that he and the family love you and will provide you with the utmost support that is possible.
18You have no prior convictions of any description. You have complied with relatively strict bail conditions since February 2021.
19Your counsel made a number of submissions to the court regarding sentencing principles. Firstly, that you accept the Summary of the Prosecution Opening for Plea. Secondly, the possession and transmission of child abuse material is rightfully regarded by the community as abhorrent. The courts have a duty to protect children and the community expects courts to impose significant punishment on individuals involved in the exploitation of children. You acknowledge that general deterrence is the paramount sentencing consideration in sentencing child pornography offenders.
20The Victorian Court of Appeal has held that child pornography offences generally require that a person's prior good character be given less weight than usual and I refer particularly to the Court of Appeal decision in the Director of Public Prosecutions (Cth) v Garside, a decision of that court in 2016.
21The number of files possessed in relation to Charge 2 - that is about 95 - is relatively small when compared with many other cases and I accept that in many cases there are hundreds and, on occasions, many thousands of files or images in possession of an offender, and I accept that, although the fact is it is still 95 files were in your possession and I say this; that the material set out in Annexure A of the prosecution opening shows how serious the material is. This is not just the odd snapshot of a person without clothes on; no comparison to that. This is serious, serious child abuse material.
22It was submitted, and I accept that you did not possess, although there is no evidence that you possessed the material for the purposes of sale. I accept that Charge 1 relates only to one file that was distributed to the person Rashona and that Charge 2 does not relate to any distribution of child abuse material. I further accept that the offending on each of the charges, although serious, does fall well below and well short of the upper end of the range of seriousness of that type of offending as we see it from time to time.
23I accept the submission that your plea of guilty was made at an early stage in the proceeding. Further, when interviewed by police you made a number of admissions concerning your offending. You were generally co-operative with police and provided passwords required by them to access your material. I consider that your co-operation and plea of guilty does indicate an acceptance of responsibility for your conduct and remorse for your offending. I accept your counsel's submission that your co-operation with Ms Sizenko and her treatment program bodes well for your prospects of rehabilitation.
24The prosecutor has provided me with a table of various authorities dealing with the sentencing of persons for offences similar to these. I have reviewed these authorities, noting that the prosecutor placed particular emphasis on the decision of The Queen v Sykes; a decision of the Queensland Court of Appeal in 2009. Obviously each case will turn upon its own facts and circumstances and it is a rare and very exceptional thing for any two cases to have the same facts and circumstances relevant to it.
25In all the circumstances, and in particular, given your lack of prior criminal behaviour, I consider that you should be sentenced as follows.
26On Charge 1; that is using a carriage service to transmit child abuse material contrary to s474.22, you are convicted and sentenced to a term of imprisonment of nine months' commencing this day.
27In relation to Charge 2; possessing or controlling child abuse material obtained or accessed using a carriage service contrary to s474.22(a) of the Criminal Code (Cth), you are convicted and sentenced to a term of imprisonment of nine months' commencing today, of which three months is to be served cumulatively to the sentence imposed in respect of Charge 1. It follows that I have sentenced you to a total effective term of imprisonment of 12 months.
28On Charges 1 and 2, pursuant to s19AC of the Crimes Act (Cth), after serving six months of that term you are to be released on a $1,000 three year recognisance to be of good behaviour for that period; that is that period of three years.
29Pursuant to the provisions of Part 2 of the Sex Offenders Registration Act of 2004 you are deemed to be a registrable offender and obliged to comply with the reporting obligations pursuant to that part for a period of 15 years, commencing on your release from custody.
30Pursuant to s6AAA of the Sentencing Act of 1991 I declare that had you not pleaded guilty to these charges, but later been found guilty of them, I would have sentenced you to a total effective sentence of 18 months in custody with a non-parole period of 12 months. Now, do either counsel have any submission that I have omitted some vital portion - part of the law that I should be commenting on? Firstly, Ms O'Reilly?
31MS O'REILLY: Your Honour, if I could just have a moment to clarify something?
32HIS HONOUR: Certainly.
33MS O'REILLY: Thank you, Your Honour. Just a moment. Your Honour, can I confirm that it is Your Honour's intention that the sentence for Charge 2 ‑ ‑ ‑
34HIS HONOUR: Yes.
35MS O'REILLY: ‑ ‑ ‑ is to commence in three months' time?
36HIS HONOUR: No. It is for an identical period of nine months, but of that nine months only three months will be cumulative on the sentence for charge - imposed in respect of Charge 1. So he will serve an additional three months to the nine months imposed in respect of Charge 1, which, on aggregate, comes to 12 months, so the total effective sentence will be 12 months. If you were to look at it in a slightly different way that part of the sentence for Charge 2 to be served concurrently with the Charge 1 sentence is six months and there is a cumulative portion of three months. Does that make sense?
37MS O'REILLY: Yes, Your Honour.
38HIS HONOUR: I hope.
39MS O'REILLY: Just one moment. Thank you. Your Honour doesn't mean that both sentences start today?
40HIS HONOUR: Well, the sentence in respect of Charge 1 does start today but just treat these as two separate sentences. Two separate offences, two separate sentences; Charge 1 and 2. I could, but I didn't, indicate that they would be served concurrently.
41I did say, and I meant to say, that there would be a portion of the Charge 2 sentence which would be served cumulatively. Now, whether you say that that three month cumulative portion commences at the end of the first nine months - I suppose that it could be put in that manner. I wouldn't have thought it was necessary, although I'm conscious of the fact that Commonwealth sentencing can be complex and confusing as opposed to State sentences.
42MS O'REILLY: Yes, Your Honour. I apologise, I'm struggling to digest the calculations. My understanding is that individual commencement ‑ ‑ ‑
43HIS HONOUR: There is a sentence of nine months imposed for both of the Charge 1 offence and the Charge 2 offence. I do not indicate that they should be served concurrently. There should be a three month period of cumulation upon the Charge 1 sentence. The Charge 2 sentence involves a period of, if you like, six months concurrent and three months cumulative, hence the total effective sentence of imprisonment is 12 months commencing today.
44MS O'REILLY: Thank you, Your Honour. Would Your Honour permit for my instructor to speak? Mr Isaac Buckley.
45HIS HONOUR: I'm sorry, I just missed that. Just go a little slower maybe? 'Would Your Honour permit' ‑ ‑ ‑
46MS O'REILLY: My instructor, Mr Buckley.
47HIS HONOUR: Yes.
48MS O'REILLY: To address Your Honour?
49HIS HONOUR: Is he with us in court, notionally?
50MS O'REILLY: Yes, Your Honour.
51MR BUCKLEY: Good afternoon, Your Honour, and I apologise for not having a camera on this device. I just seek to ‑ ‑ ‑
52HIS HONOUR: Yes. Well, you better identify yourself, I think. I got your name and ‑ ‑ ‑
53MR BUCKLEY: I'll do that. My name is Mr Buckley and I appear with
Ms O'Reilly.54HIS HONOUR: Give us your full name and then we know exactly who you are.
55MR BUCKLEY: Certainly. Mr Isaac Buckley.
56HIS HONOUR: Isaac Buckley. Yes, Mr Buckley?
57MR BUCKLEY: Your Honour, I instruct Ms O'Reilly in this matter. The difficulty - and Your Honour picked up on this, it's with Commonwealth sentencing. Cumulation is achieved by reference to the commencement date for individual charges.
58HIS HONOUR: Yes.
59MR BUCKLEY: So the concern with Your Honour's sentence is that because the commencement date for each charge was recorded as today it would not give effect to Your Honour's intended cumulation when the orders are received by Corrections.
60HIS HONOUR: Yes. Well, we might be able to get round that if I phrase it a little differently. In relation to Charge 1 there would be, in my view, no problem.
61MR BUCKLEY: That's right, Your Honour.
62HIS HONOUR: That is a sentence of nine months commencing today.
63MR BUCKLEY: Yes, Your Honour.
64HIS HONOUR: In relation to Charge 2 it's my intention to sentence Mr Anwar also to nine months but perhaps if I make it - spell it out. Of which six months is to be served concurrently with the sentence imposed on Charge 1 and three months to be served cumulatively to commence at the completion of the sentence of nine months imposed in relation to Charge 1.
65MR BUCKLEY: Your Honour, would Your Honour be minded or able to make the order so that the nine months simply commenced on 9 May, that is three months from today, because it's the commencement date for the nine months in whole that's used by Corrections to give effect to it. I apologise that Commonwealth sentencing is ‑ ‑ ‑
66HIS HONOUR: Yes, I could word it in that way. So it would be in relation to Charge 2; possessing or controlling child abuse material, et cetera, contrary to s474.22(a). You are convicted and sentenced to a term of imprisonment of nine months commencing on 9 May 2022; six months of which is to be served concurrently with the charge imposed in relation to Charge 1 and three months cumulatively.
67MR BUCKLEY: Thank you, Your Honour. That would address the concern and it would have the effect of Your Honour's intended sentence of that nine months ending on 9 February.
68HIS HONOUR: Yes, I think it all ends up the same.
69MR BUCKLEY: There's no doubt it does, Your Honour. It's a frustrating consequence and I appreciate that. Thank you, Your Honour.
70HIS HONOUR: Thank you, Mr Buckley. Now, Ms Walker, do you have anything to say about that re-wording of the sentencing of Charge 2?
71MS WALKER: No, Your Honour.
72HIS HONOUR: Thank you. Is there anything further that either - hang on, just a minute. We have an order - a recognisance order. Now, Ms Walker, have you or your office received a copy of this proposed order and recognisance under paragraph 20(1)(B)?
73MS WALKER: No, we haven't, Your Honour.
74HIS HONOUR: Well, can I say this to the Commonwealth OPP? They should have been. There is ‑ ‑ ‑
75MS O'REILLY: Your Honour, if I may?
76HIS HONOUR: ‑ ‑ ‑ absolutely no place in this legal system for one party to a proceeding communicating privately with a judge. Is that absolutely clear to both you and Mr Buckley?
77MS WALKER: Your Honour, can I just indicate I don't generally have carriage of this matter. It could have been ‑ ‑ ‑
78HIS HONOUR: I see.
79MS WALKER: ‑ ‑ ‑ a colleague of mine that could have received it.
80HIS HONOUR: Is that your understanding of that, Ms O'Reilly?
81MS O'REILLY: Yes, Your Honour. A copy of the draft order was sent to the defence parties on Tuesday afternoon.
82HIS HONOUR: Thank you. And I withdraw my comments which amounted to something of a reprimand of you. I withdraw that wholeheartedly. Now, is there anything - did you receive any reply from Mr Anwar's solicitors?
83MS O'REILLY: No, Your Honour.
84HIS HONOUR: Yes, all right. The court order is effectively that the court orders the release of the defendant under paragraph 20(1)(B) of the Crimes Act 1914 after serving - or 'after he has served' I suppose might be more technically correct - six months of the term of imprisonment upon the defendant, giving security by recognisance of $1,000 to comply with a condition that he be of good behaviour for a period of three years.
85There are other mandatory conditions which I should just read out for formality here. In addition to being of good behaviour for the period of three years after his release that he be subject to the supervision of a probation officer for a period of three years, that he obey all reasonable directions of the probation officer and that he does not travel interstate or overseas - at least without the written permission of the probation officer - and, finally, that - no, not finally - that he undertake such treatment and rehabilitation programs that the - there's a word missing out but the probation officer or, alternatively, Deputy Commissioner, Community Correctional Services and Sex Offender Management, or his or her nominee reasonably directs and, further - again, of a reasonably minor nature - that you must report to the Dandenong Community Corrections Centre located at 46 to 50 Walker Street in Dandenong by 4 pm on - just a minute. That will be 9 August 2022 or at least within two clear working days of your release from your custody. Now, is that - Ms O'Reilly, as you understand it - the closest Correctional office to where Mr Anwar lives in Keysborough? That doesn't sound likely to me and - no, I suppose it might be.
86MS O'REILLY: Your Honour, yes.
87MS WALKER: Your Honour, he resides in Hampton Park.
88HIS HONOUR: I'm sorry?
89MS WALKER: He resides in Hampton Park.
90HIS HONOUR: Hampton Park. And does that sound right ‑ ‑ ‑
91MS O'REILLY: Hampton Park.
92HIS HONOUR: ‑ ‑ ‑ to you; that Dandenong will be about as close as we can get?
93MS WALKER: That's correct.
94HIS HONOUR: All right. But he must report to and receive visits from a Community Correction officer, or officers, and must notify an officer at the specified Community Corrections Centre of any change of address or employment within two clear working days after that change and attend for assessment and, if assessed as suitable, treatment for sex offender programs, or programs to reduce re-offending as directed by the Deputy Commissioner, Community Correctional Services and Sex Offender Management, or his or her nominee.
95So effectively, Mr Anwar, they are the terms upon which you will be released after six months from this date and although the order may not say as much take it from me that if you breach those conditions you would be brought back before the court. Not a good move in your case at all.
96Now perhaps I could ask, Ms O'Reilly; in relation to those mandatory conditions - the last of which deals with undertaking such treatment or rehabilitation programs - in each of the preceding paragraphs it's the probation officer and then there's alternatives, being the Deputy Commissioner of Community Correctional Services and Sex Offender Management, et cetera, et cetera. Why isn't the probation officer part of the last of those mandatory terms? Has that been omitted by accident or is it deliberately omitted?
97MS O'REILLY: No, Your Honour. Those are the standard terms. If I could just look at the order again and then ‑ ‑ ‑
98HIS HONOUR: Just have a look at the three mandatory terms above that last one. You'll see your draft - just a minute. I'll have a look at your draft and then compare it with mine. Just a minute. Yes, you'll see there that the three mandatory terms before the undertaking treatment term all contain the word 'a probation officer', right? Except the one for undertaking of treatment that the person reasonably directs. And my question to you is, is that an accidental omission or a deliberate one? And I don't know why those words are in parenthesis if it's deliberate.
99MS O'REILLY: Your Honour, it is an accidental omission. Your Honour is correct.
100HIS HONOUR: I think I'll leave it as ‑ ‑ ‑
101MS O'REILLY: Those words should be included.
102HIS HONOUR: We'll add that to that particular term, all right.
103MS O'REILLY: Thank you.
104HIS HONOUR: Now, Mr Anwar, the terms of that order aren't that easy to comprehend. They're not all that clear, and nor are the actual terms of the Act. They're not all that clear to lawyers, let alone non-lawyers, but you should - you will get a copy of this order and if there are parts of it that you do not understand and you want it carefully explained to you, you should indeed seek such an explanation from your probation officer or anybody else as an officer of the Community Corrections Centre at that address in Walker Street, Dandenong. Don't say to yourself, 'Well, if I can't understand it that's that, I don't need to'. That would not be a wise move. Make sure you understand this order carefully because a breach of its terms will undoubtedly involve a penalty of some sort. Ms O'Reilly, would that be correct?
105MS O'REILLY: Yes, Your Honour. There would be consequences.
106HIS HONOUR: Yes.
107MS O'REILLY: Could I also confirm that Mr Anwar will be signing the order in the presence of Your Honour?
108HIS HONOUR: Yes, he will, but he's not going to be signing it today, because the order has been altered. I think what we might do - we could just stand the matter down, or have you altered it already?
109ASSOCIATE: (Indistinct words.)
110HIS HONOUR: Yes. Well, print it up now and let me have a look at it. We might be able to do it right now. Thank you. No, that date is 9 August 2022, which - just so that I'm right here - yes, that is six months from today. Okay, yes.
111ASSOCIATE: It says 'or within two clear working days', so do you want me to just word it ‑ ‑ ‑
112HIS HONOUR: Yes. Well, if for some reason he doesn't get - if he gets released early or he gets released late or something and then the alternative still applies.
113The provision that I'm just discussing with my associate is your requirement to report to the Dandenong Community Corrections Centre located at
46-50 Walker Street, Dandenong, by 4 pm on 9 August, which is six months from today, 2022, or, if for some reasoning - I can't imagine why - but if for some reason you were released a little bit later, or a little bit earlier, it's within two clear working days of that release that you must report.114Keep this in mind; that where it says that you will not travel interstate or overseas - overseas speaks for itself, you must have permission in writing - but if you go to a party in Albury or you go to someone's wedding in Mount Gambier you have left the State of Victoria. You must not do so without obtaining permission from Corrections.
115Now, there are no sureties here, so I'll cross that section out. Would that be convenient, Ms O'Reilly, on the second page there?
116MS O'REILLY: Yes, Your Honour.
117HIS HONOUR: See the section 'Undertaking by Surety or Sureties'? I'll give this document to you at first instance, Ms Walker, to peruse, and it does have to be signed by Mr Anwar and witnessed by my associate. So the two of you, if necessary, can visit the dock, and you can speak with your client before that signature is obtained.
118MS WALKER: Thank you, Your Honour.
119HIS HONOUR: Thank you. Mr Anwar, my associate has suggested that I should explain further the orders that I've made in relation to the Sex Offenders Registration Act of 2004. That's a Victorian piece of legislation and because of the nature of these offences they're both deemed to be offences which give rise to you being deemed to be a registrable offender and obliged to comply with a number of reporting conditions.
120Now, I haven't gone to them in any detail at all and they can be explained to you by the Corrections people or you can look at Part 2 of the Sex Offenders Registration Act 2004 yourself and take note of what those reporting conditions are. In this particular case it's mandatory, it's not my decision. It's mandatory that they continue for 15 years after your release from prison and they will require you to notify a number of matters to police; the nearest police station to where you live at any particular time, and they will cover matters of changes of address, changes of employment and the like, and you will - it's a while since I've read them exactly but you are generally, I think - and Ms O'Reilly, you might correct me if I'm wrong - prevented from going to certain places such as living next door to a school, or something like that, but it would be wise before you cease contact with Corrections to get them to explain exactly what the repercussions of that sex offenders registration requirement is. It would be unwise to stumble into error and face further charges.
121All right, anything further that counsel or - (indistinct words), sorry. Ms Walker, you discuss that if you will. Anything else that you want to say, Ms Walker?
122MS WALKER: Nothing, Your Honour.
123HIS HONOUR: And Ms O'Reilly?
124MS O'REILLY: No, Your Honour. Provided that the order has been signed by the offender, nothing further from me.
125HIS HONOUR: The order has been signed the offender? No?
126ASSOCIATE: It has been but I think I might also need him to sign the SORA form as well.
127HIS HONOUR: The which?
128ASSOCIATE: SORA. The sex offenders registration form.
129HIS HONOUR: Well, where is that?
130ASSOCIATE: Just producing it now.
131HIS HONOUR: Just pause for a moment. There may be a form under the Sex Offenders Registration Act that needs to be signed by you also.
132ASSOCIATE: (Indistinct words) the class of each offence. (Indistinct words).
133HIS HONOUR: They're Category 2 offences.
134ASSOCIATE: Category 2.
135HIS HONOUR: Both of them. That's right, isn't it, Ms O'Reilly? Category 2 offences?
136MS O'REILLY: Yes, Your Honour. Both offences are Class 2 offences.
137HIS HONOUR: Thank you.
138ASSOCIATE: So he's to sign there and I have to witness him again.
139HIS HONOUR: Yes.
140ASSOCIATE: I think you have to sign this front page.
141HIS HONOUR: Let me have a look here. Yes, it's quite a lengthy document. Are you familiar with the document in question, Ms Walker?
142MS WALKER: I am, Your Honour.
143HIS HONOUR: Well, I'm going to indicate to you that I've signed on p1 where required. The following pages, as you would be aware, deal with the nature of the material to be - information to be provided when you're released from prison in six months' time and they deal with the type of personal details you've got to provide; namely your address and all that sort of thing. Where you work and what your phone number is and the like. Various other documentation required; that'll be a passport or a driver's licence and all that sort of thing. Details of what to do when you change your personal details, such as when you move home or the like. Details confirming the restrictions on interstate travel and international travel - various definitions to assist you understand the document - and various offences which do come under the Sex Offender Registration Act which you'll want to be very certain that you understand and don't wander into accidentally.
144You're required to sign on the final page, again, and witnessed by my associate, and I will give those to Ms Walker to have a look at first. To the two persons sitting in court, would I be right in thinking you're the parents of Mr Anwar?
145MS WALKER: That's correct, Your Honour.
146HIS HONOUR: Normally I would suggest that Mr Anwar be taken downstairs at this point by the security staff, but if you wish to have a moment or two with him before that occurs I'm happy for that to occur.
147MS WALKER: Thank you, Your Honour.
148HIS HONOUR: All right. On that note we'll adjourn the court. Is there anything further, Ms O'Reilly, that you wanted to raise?
149MS O'REILLY: No, Your Honour. Thank you.
150HIS HONOUR: Ms Walker?
151MS WALKER: No, Your Honour. Thank you.
152HIS HONOUR: Yes. On that note we'll adjourn the court until 10.30 tomorrow morning.
---
0
0
0