Director of Public Prosecutions v Athel
[2017] VCC 268
•22 March 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-16-00654
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ATHEL ATHEL |
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JUDGE: | LEWITAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 and 15 December 2016 | |
DATE OF SENTENCE: | 22 March 2017 | |
CASE MAY BE CITED AS: | DPP v Athel | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 268 | |
REASONS FOR SENTENCE
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Subject: Theft; Affray
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms K Hamill | John Cain Solicitor for Public Prosecutions |
| For the Accused | Ms S Parsons | Doogue O’Brien George |
HER HONOUR:
1 You, Athel Athel, have pleaded guilty before me to one charge of theft and one charge of affray. The maximum penalty for theft is ten years' imprisonment. The maximum penalty for affray is five years' imprisonment.
2 You were born on 1 January 1996 and are now 21 years old. You were 19 years old at the time of the offending. You are also known as “Slick”.
Circumstances of the offending
3 The offending involves an incident at 3.30pm on Thursday 30 July 2015 in the car park of the Woodgrove Shopping Centre, which is located at the corner of Coburns Road and High Street, Melton in the State of Victoria.
4 You knew each of the other people (Arop’s group) alleged to have been involved in the incident. They are:
(a) Akol YAI (known as “AK”). Yai was born on 15 May 1997 and was 18 years old at the time of the incident;
(b) John MAKOR. Makor was born on 13 March 1998 and was 17 years old at the time of the incident;
(c) Aroub AROP was born on 25 September 1997 and was 17 years old at the time of the incident.
5 Arop’s group was previously part of your same circle of friends, however there was a falling out between you.
6 At the time of the offending, you were staying with Sasa (“Sash”) Begonovic (then aged 38) at Begonovic’s house in Kurunjang, north-east of Woodgrove. You spent the morning of 30 July 2015 with Begonovic and a friend, Jack Carew (aged 17). At around noon, you and Carew decided to catch a bus to Woodgrove. Begonovic went with you. You, Carew and Begonovic are referred to as Athel’s group.
7 Athel’s group stayed at Woodgrove for a couple of hours, before deciding to go to “Waves,” a pool and sports complex located a short walk from Woodgrove, on Coburns Road. After remaining at Waves for about 10 minutes, the three started walking back to Woodgrove at around 3.15pm.
8 Arop’s group had managed to pick up Luke Gallagher after school that day. Gallagher was a student at Staughton College in Melton West. The group was driving in a white BMW sedan registered number PXZ 494. Arop was driving. By 3.15 pm Arop’s group were travelling south down Coburns Road, towards Woodgrove. They spotted Athel’s group walking south along Coburns Road. One of the men in the car said, “That’s Slick, let’s go back”. Gallagher got the impression that Arop’s group were intending to “jump” Athel.
9 Arop executed a series of U-turns, to position the BMW in one of the side streets off Coburns Road. Gallagher saw that Yai had a baseball bat in his hand, and there was another baseball bat near Makor’s feet. About 30 seconds after the car had stopped in the side street, Athel’s group crossed the road in front of it.
10 Yai got out of the car, carrying the baseball bat, and Arop and Makor started to get out. You started to run down Coburns Road towards Woodgrove. Yai chased you for a short distance, but stopped when you crossed to the other side of Coburns Road, with Begonovic and Carew following.
11 Yai returned to the car and Arop turned into Coburns Road and did a U-turn at the intersection of High Street. As Arop’s group drove past you on their way back up Coburns Road, you picked up a small rock and threw it towards the BMW. You then continued running towards Woodgrove, with Carew and Begonovic behind you.
12 Athel’s group went into the Woolworths supermarket, which is in an older building in the shopping centre, known as “Coburns Central”. Begonovic had the idea of ordering a taxi to get out of there. He asked the Woolworths attendant to call one, and the group waited for it to arrive. The attendant said that you appeared to be agitated.
13 After a couple of minutes, Begonovic again approached the counter. The attendant said that she had called the taxi and that there was nothing more she could do.
14 At some point while you were in the Woolworths store, you went to the kitchen supplies aisle and removed a Wiltshire kitchen knife from the shelf. The knife was 30cm long with a 20cm long blade. You concealed the knife in your pants and left the store without paying for it (Charge 1: theft).
15 While Athel’s group was inside Woolworths, Arop’s group drove to Woodgrove and looked for you at the bus stop near Coles, which is in a separate, newer building at Woodgrove. Unable to find you, they dropped Gallagher at his home nearby and then returned to the shopping centre. In the interim, Athel’s group had left the Coburns Central building. Begonovic separated from you and Carew, and walked towards Coles. You and Carew walked to an alcove a short distance away. While in the alcove, you removed the knife from its plastic outer packaging and concealed it in your pants.
16 A short time later, Arop’s group returned in the BMW and drove towards Coles, continuing to look for you. Yai was now driving. The BMW stopped outside Coles. Arop and Makor got out of the vehicle and stood on the footpath for a brief time, before they ran back to the BMW and got back in as it moved into the parking area.
17 You and Carew emerged from the alcove about 30 seconds after the BMW had gone past you. As you reached the Coles entrance, Carew pointed towards the BMW. Carew then ran into the shopping centre. After pausing for a moment, you crossed the road and moved towards the car park.
18 By that time, the BMW had stopped in the middle of a parking lane, and Arop’s group got out, leaving the doors open. Two of them were armed with baseball bats. You produced the knife you had earlier stolen from Woolworths.
19 Athel and Arop’s group started fighting in the middle of the road. The two that were holding baseball bats were swinging the bats towards you. After a few seconds, you put up your arm to protect yourself, and one of the bats broke on your arm. Part of the bat slid across the road and came to rest on the footpath outside the Coles entrance. The rest of the bat was found on the ground close by.
20 Immediately after the bat broke, the group moved into the parking area. The men ran around parked cars into the next parking lane, where the BMW was stopped. The blade of your knife was seen by some of the bystanders.
21 As the fight moved to this area, Arop’s group continued to strike, and were attempting to strike you. You were fighting back. You used the knife to penetrate the back of Arop’s right thigh, causing Arop to fall to the ground.
22 After Arop fell, Yai and Makor approached you. One of them threw the remaining baseball bat at you, however it did not hit you. You picked up the bat, and ran with it and the knife in your hands through the car park to High Street. You walked quickly along the footpath on the Woodgrove side of High Street, and crossed the road just past the secondary college.
23 The altercation between you and Arop’s group lasted approximately 28 seconds.
24 Several patrons at Woodgrove, including children, are seen on CCTV witnessing parts of the incident and its aftermath. A number of patrons called 000, and several made statements to police. Their calls and statements included observations of the large wound to Arop’s thigh, and the amount of blood he lost as a result.
25 After Carew ran into the shopping centre, he remained near the entrance, watching the fight, but did not join in. Begonovic emerged from Coles during the altercation. He ran over to the BMW after Arop had been injured and assisted Makor and Yai to put him into the BMW, which was driven to a nearby medical centre. Upon arrival, Arop was treated by medical centre staff and paramedics, and was later transported to hospital.
26 You disposed of the outer layer of your clothing a short distance from Woodgrove. You were left wearing a light coloured jumper and a pair of shorts.
27 You returned to Woodgrove at 3.47 pm and remained there for approximately 30 minutes. While there, you made enquiries at the Optus store to ascertain the location of your mobile phone, which had fallen from your pocket during the altercation. You also went into the car park, where you observed that police were present.
28 You were arrested early the following morning at Carew’s house in Kurunjang. After you were arrested you directed police to two locations. The first location was 562 High Street, Melton where police had earlier found the baseball bat. You told the police that you had disposed of the knife in the same place, however police were unable to locate it. Witnesses had earlier told police that they saw you throw a bat into the garden. They did not see a knife being thrown. The knife has not been recovered.
29 Athel also directed you to 10 Heatherglade Place, Melton where you said that you had dumped the clothing you had worn during the incident. Police found a black hooded jumper in a bin outside the property. You were then conveyed to the Melton police station where you were interviewed.
30 During the interview you described “consistent arguments” with members of Arop’s group. You also described the altercation on Coburns Road earlier on the day of the alleged offending. You admitted you had thrown a rock at the BMW. You admitted that you had taken a knife from Woolworths without paying for it, so that you would have something to keep Arop’s group five metres away from you to prevent you from getting hit.
31 Your plea to affray (Charge 2) constitutes the conduct described in the above paragraphs 18 to 25.
32 The plea to this charge is made on the concession made by the Crown that you were acting in excessive self-defence.
33 The facts in this case are very serious and disturbing.
34 In Director of Public Prosecutions v Tyrone Steven Russell[1] the Court of Appeal (Maxwell P, Weinberg JA and Santamaria JA) stated:
Random street violence is a scourge on our society. Typically, the violence is brief and unpremeditated, but it has profound and enduring consequences. Innocent people are killed or seriously injured; their families are devastated; their communities disrupted. And the outburst of violence is ruinous for the offender, too. Imprisonment with all its destructive consequences is virtually inevitable, as is the shame and embarrassment felt by the offender’s family.
[1] [2014] VSCA 308, [1].
35 The prosecutor submitted that the fact that young men turning to violence in public places is a relevant factor in assessing and sentencing in respect of general deterrence.
36 The aggravating aspects include the use of a knife. The affray occurred in a public place, in the middle of the afternoon with several civilian witnesses including young children. At the time of the offending you were on four sets of bail. The bails relate to alleged offending on 10 October 2014, 11 February 2015, 10 April 2015 and 23 July 2015. On 12 December 2014 the Sunshine Children’s Court sentenced you to a 12 month good behaviour bond. The offending occurred within the operational period of that bond.
37 The defence submitted that you stole the knife to protect yourself against Arop’s group. Arop’s group had threatened you with baseball bats prior to your theft of the knife. Your counsel submitted that your involvement in the affray was essentially reactive and that you were acting in excessive self-defence during the affray. You were beaten with the baseball bats before you then used the weapon which you had stolen.
38 The Crown submitted that this is a serious example of the offence of affray. There is some degree of planning involved, there having been an earlier altercation on Cobans Road. You armed yourself with a knife for the stated use of attempting to use it in any subsequent altercation at the Woolworths store some minutes before the affray occurred. Multiple witnesses were present. The offending took place at 3.30pm on a school day on 30 July 2015. It took place in the car park of a crowded shopping centre. Several witnesses observed various parts of the affray, given that the affray moved from one place to another within the car park. The witnesses observed the large wound to Mr Arop’s thigh and the amount of blood that he lost as a result of that. The fact that an injury was sustained by one of the participants in the affray as a result of the affray might reasonably be expected to increase the level of terror experienced by bystanders, which is a relevant aspect of the offence of affray.[2]
[2]R v Minh Gia Ly [2004] VSCA 45, [13].
39 As has been pointed out by your counsel, there are however some mitigating factors. You have pleaded guilty. You are entitled to have that fact taken into account in your favour and I do so. The community has, by your plea, been spared the time and cost of a trial. Witnesses have been spared the ordeal of giving evidence upon your trial. The matter resolved after the Crown indicated on 18 November 2016 that a resolution would be acceptable because it could not negate self-defence with respect to the charges of intentionally cause serious injury and recklessly cause serious injury. The resolution was finalised by the parties on 21 November 2016. You pleaded guilty to these offences on the first day of the trial, 21 November 2016. Accordingly, I take it into account in your favour that you intimated early your intention to plead guilty to these charges. In these circumstances I accept that your pleas of guilty indicate remorse for your actions.
40 You participated in a record of interview with the police during which you made significant admissions and explained that you were acting out of fear and that you reacted to being threatened by Arop's group with bats.
41 The prosecution submitted that although the witnesses have been spared the necessity of having to give evidence at a trial, a committal was held at a time when the charges involved serious injury charges and several witnesses attended the committal.
42 I have been told something of your personal history and your circumstances. Your mother escaped the civil war in Sudan. You were born in the Kakuma refugee camp in Kenya and remained in the camp until you were ten years old. Your parents separated before you were born. Your education was limited to singing songs in a limited variety of languages. Food was scarce. Your only memory of your father is that he once visited you in Kakuma with a sack of potatoes.
43 In about 2006 you came to Australia as a refugee from Kenya with your aunt and your aunt’s children. Due to restrictions at the time you left your mother behind in the refugee camp where she remains today. You initially settled in a suburb outside of Sydney. Because of your limited education you did not speak English when you arrived in Australia. You were enrolled in grade 5 of primary school. You moved through several primary schools due to your aunt changing rental properties in Sydney on a frequent basis.
44 You experienced the greatest level of personal happiness and security during the years you spent in Sydney with your aunt and cousins. Your grandmother passed away after you had been in Sydney for some years and in about 2011 your aunt and cousins returned to Sudan to attend the funeral. You could not travel with them because your passport did not arrive in time. Your aunt and cousins were away for more than 12 months before they returned to Sydney. You are an Australian citizen.
45 You travelled to Melbourne to live with an older cousin who you refer to as your uncle. You arrived in the middle of the year but were unable to enrol in school. You started year 10 at Melton High School. Your attendance at school during 2012 was poor and at the end of the year you were told that you were unable to enrol in year 11. You had a good relationship with your uncle, who was married and had a child of his own, for the first period in which you lived with them but were asked to leave that home after you started to use alcohol and cannabis and came into contact with the criminal justice system.
46 You were left homeless without any family support. This led to an increase in your offending behaviour and substance use issues in the community.
47 Your aunt with whom you were living in Sydney passed away. Although you were given permission, you were unable to attend the funeral. You have not had contact with your mother for the last three years.
48 Prior to being remanded in custody on 26 March 2016 you were smoking cannabis on a daily basis as well as using alcohol four times over a weekly period.
49 In recent times you found more stable accommodation with a friend and his father Ari Akot. You had been living in Kurunjang for some months.
50A report dated 7 December 2016 by Hayley Day and Rosie Van Schilfgaarde from the Youth Support and Advocacy Service was tendered on your behalf.[3] With the assistance of Hayley Day, from the Youth Support and Advocacy Service in Sunshine[4], you have acquired a Medicare Card, a Healthcare Card and resolved your past Centrelink issues. You have opened a bank account and have applied for and received a Proof of Age card. You have also been linked to cohealth (Footscray) for dental care. You have engaged with the job network provider AMES in Melton and Ms Day has assisted you to complete a resume. You have expressed an interest in working in retail and made efforts in securing employment by handing your resume to several retail outlets in Melbourne and within Woodgrove Shopping Centre.
[3] Exhibit 1.
[4] Exhibit 1.
51 A report dated 9 March 2017 by Dr Ria Zergiotis, consultant psychiatrist, states that you witnessed incidents of violence during your childhood at the refugee camp and “there is a history of early exposure to trauma, and disrupted attachments from a young age.”
52 You have admitted to prior convictions. There are 15 such convictions which were dealt with by the Sunshine Magistrates’ Court on 12 December 2014. The nature of those prior convictions and in particular the conviction for affray and recklessly cause injury are such that they are highly relevant to my task of sentencing you today. In addition you appeared at the Sunshine Magistrates' Court on 12 December 2014 for 11 charges which included a charge of possess dangerous article in public place and were released without conviction on a good behaviour bond until 11 December 2015. This offending occurred within the operational period of that bond. Your counsel conceded that your criminal history is relevant but that in assessing your criminal history, consideration should be given to your age at the time of the relevant offences.
53 I have been informed of certain subsequent charges. It is alleged that on 26 March 2016 you committed the offences of receiving stolen goods, possess cannabis, commit indictable offence whilst on bail and two charges of contravene condition of bail. There is a bail hearing listed in the Magistrates’ Court on 22 March 2017. You told Dr Zergiotis that you had gone out with friends to buy alcohol at a local bottle shop, and that prior to this you had been drinking alcohol with friends at one of their homes. You reported that the sales person at the bottle shop refused to let you buy any further alcohol and that you had asked him whether or not this was related to racism. You described grabbing the security tag from the sales person’s neck. You inadvertently snapped this off and then placed it in your own pocket. You stated that you had little recollection of what happened on 20 January 2017 regarding this incident, but were told by police that you were aggressive, appeared to be intoxicated and that towards the end of an altercation outside the bottle shop you had pulled a knife on police. You stated that you do not recall being in possession of a knife or the incident of aggression. You reported that you had “tried to stay out of trouble” whilst on bail for other offences and that you largely kept to yourself. You stated that since losing your phone you had lost contact with your lawyer and had missed a court date in 2016.
54 The Court ordered a pre-sentence report pursuant to s.8A of the Sentencing Act 1991. A report dated 9 March 2017 by Dr Ria Zergiotis has been tendered. In the opinion of Dr Zergiotis:
If Mr Athel receives a non-custodial order, he requires intensive community supports to improve his prospect of rehabilitation and to decrease his risk to the community and reoffending in the long term. He requires stable accommodation, a vocational support worker and a specialist drug and alcohol counsellor. It would be important to have a social worker that could assist him with maintaining regular contact with his mother in the refugee camp and to help with maintaining hope of reunification in the future, which would also serve as a protective factor.
55 Your counsel submitted that there are positive indicators of your long-term prospects of rehabilitation. You hope to reunite with your mother and find employment and made efforts to this end by applying for jobs while on bail. You engaged with social services. In my view the prospects of your rehabilitation are somewhat guarded and will depend upon your ability to obtain stable accommodation and your willingness to engage with social support services.
56 However, as well as the matters personal to you to which I have referred, including your prospects of rehabilitation, I must also take into account such matters as deterrence, especially general deterrence, which has considerable importance in a case such as this. I must also consider the question of the protection of members of the community from you and bear in mind the likelihood of your reoffending. I am called upon by the Sentencing Act 1991 to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
57 On the other hand I do not apply those considerations with as much force as I might if you were older. You are 21 years old. At the date of the offence you were 19 years old. You are a youthful offender and must and will be sentenced as such. Your rehabilitation is a primary concern in fixing a sentence.
58 I also take into account the opinion of Dr Zergiotis that a custodial order would most likely have a negative impact on your mental state and may also make any future community re-integration more difficult and reduce your prospects of positive rehabilitation. Your counsel did not seek to rely on the principles stated in R v Verdins[5].
[5][2007] VSCA 102 (Verdins).
59 However, I accept Dr Zergiotis’ opinion that there is a risk that imprisonment will have a significant adverse effect on your mental health. I take this matter into account in mitigation of sentence.
60
I am bound and do take into account parity of sentence with your co-offenders. Yai, Makor and Arop were each charged with affray. Makor pleaded guilty to this offence, along with various other offences unrelated to this incident, at the Sunshine Children’s Court on 14 January 2016 and was sentenced to a
12 month Youth Supervision Order without conviction.
61
Yai’s matter was listed for hearing at the Sunshine Magistrates’ Court on
7 December 2016 as a plea of guilty. The hearing of the plea was adjourned to 22 February 2017. Yai failed to attend Court and a warrant has been issued for his arrest.
62 Due to his illness and resulting hospitalisation, Arop was not interviewed in relation to the matter until 21 September 2016 and was charged that day. Arop’s matter is listed for mention on 12 January 2017 at the Sunshine Magistrates’ Court. Arop failed to attend Court and a warrant has been issued for his arrest.
63 As a result, I am unable to take into account parity of sentence with Yai and/or Arop.
64 Your counsel submitted that the severity of any sentence imposed on you must appropriately reflect that you, unlike the other three offenders, were acting in excessive self-defence in relation to the charge of affray. It is something which significantly reduces your level of culpability.
65 Your counsel submitted that a period of imprisonment, specifically time already served as pre-sentence detention, and a Community Correction Order would be the appropriate disposition in all the circumstances of this case. You have spent 188 days on remand in relation this matter. You were 19 years old for most of the pre-sentence detention. You served the time in an adult prison.
66 In my judgment a period of imprisonment equivalent to time already served would not give sufficient effect to the principles of general deterrence, the community’s denunciation of your conduct, the protection of members of the community from you and the need to impose a just punishment.
67 The prosecutor submitted that just punishment and general deterrence are specific and relevant sentencing factors. In relation to specific deterrence, you have a relevant prior history in respect of both of the charges. You have several offences involving dishonesty. There are a total of five counts of theft. You have a prior conviction for dealing with property the proceeds of crime, one charge of dishonestly assisting in retention of stolen goods, two charges of robbery, four charges of burglary and three of attempted burglary. In respect of offences of violence, on 18 March 2014 you committed affray and two charges of recklessly cause injury.
68 The Crown seeks a disposition of immediate imprisonment but submitted that the Court might consider it appropriate to also impose a Community Correction Order.[6]
[6] Transcript p 30.
69 If you could stand, please, Mr Athel.
70 These are without doubt serious offences. In all the circumstances I have no alternative to imprisonment. Having considered the whole of the evidence, the submissions made by counsel and s.5(4C) of the Sentencing Act 1991, I propose to order that you be convicted and fined $100 on Charge 1 and convicted on Charge 2 and sentenced to serve a term of imprisonment of 188 days and a Community Correction Order for a period of 12 months to commence upon expiration of that term of imprisonment.
71 As you know, I have sought and received a pre-sentence report in this matter. That report indicates that Community Correctional Services has assessed you as being at a high risk of re-offending according to the level of Service Risk Assessment Tool. Nevertheless, you are considered a suitable candidate for a Community Correction Order. I am only able to make such an order if you consent to my taking such a course. So that you are in a position to make an informed decision in the matter, I should tell you about the course I propose.
72 First, the length of the order will be 12 months. Every Community Correction Order, including the one I propose in this case, contains certain core conditions. They are:
1You must not commit another offence punishable by imprisonment during the period of the order.
2.You must comply with any obligation or requirement prescribed by the regulations.
3.You must report to, or receive visits from, the Secretary during the period of the order.
4You must report to the Sunshine Correction Centre within two working days after the expiration of the term of imprisonment.
5.You must notify the Secretary of any change of address or employment within two clear working days after the change.
6.You must not leave Victoria except with the permission of the Secretary.
7.You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
73 The conditions that apply in addition to the mandatory terms are:
1.You must be under the supervision of a Community Correction Officer for a period of 12 months.
2.You must undergo assessment and treatment (including testing) for alcohol abuse and dependency as directed by the Regional Manager.
3. You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager.
4You must undergo programs consistent with the purpose of treatment and rehabilitation, which may include but is not limited to employment, educational, cultural and personal development programs as directed by the Regional Manager.
6.You must undergo programs that address factors related to your offending behaviour.
7.You must not contact or associate with Akol Yai, John Makor and Aroub Arop.
8.I direct that any non-compliance with these conditions is to be notified to me immediately.
74 You must realise that if you breach the order you should expect to be brought back to court and dealt with for such breach. You should expect to be imprisoned, perhaps be fined and perhaps other sorts of orders would be made if that occurs.
75 Now I am going to ask you whether you consent to the making of the Community Correction Order contained in the terms I have outlined.
76 Do you want to approach your client to explain that?
77 MR SLATTERY: Yes please, Your Honour.
78 HER HONOUR: Thank you.
79 MR SLATTERY: Thank you, Your Honour.
80 HER HONOUR: Do you consent to the making of the Community Correction Order containing the terms I have outlined? You have to speak up, sorry.
81 OFFENDER: Yeah, I do.
82 HER HONOUR: Thank you. I propose to record a conviction on Charge 1 and direct that you be fined $100. I also propose to record a conviction on Charge 2 and sentence you to a term of imprisonment of 188 days. I will also impose a Community Correction Order that commences on the expiration of the term of imprisonment.
83 I declare that you have served 188 days by way of presentence detention in relation to this sentence and direct that declaration be recorded in the records of the court.
84 But for the plea of guilty I would have sentenced you to a term of imprisonment of 15 months with a non-parole period of nine months.
85 Lastly I order that the property referred to in the schedule to the disposal order which I have signed this day be forfeited to the State and direct that it be placed in the custody of the Chief Commissioner of Police and held by him until 28 days from this date and then destroyed.
86 The Community Correction Order will have to be signed.
87 OFFENDER: May I sit down, Your Honour?
88 HER HONOUR: Yes. If you could hand that to Mr Slattery and also Mr (indistinct). Is there something that you wanted to say, Ms Hamill?
89 MS HAMMILL: Yes, Your Honour, perhaps just while that's being done, I had a notation that when Your Honour was reading your sentencing remarks, at one stage you'd indicated that Mr Athel was being threatened by police with bats. I assume that Your Honour had just misspoken - - -
90 HER HONOUR: I didn't mean that.
91 MS HAMMILL: No, the co-offenders.
92 HER HONOUR: Thank you. Thank you for that.
93 MS HAMMILL: But I just thought I should raise that.
94 HER HONOUR: Yes, thank you.
95 (Community Corrections Order signed and acknowledged.)
96 Yes, thank you. I have signed that order. When you leave court you can leave with a copy of that.
97 I have also signed three copies of the disposal order which I will hand to counsel.
98 Do you want to retain a copy of the Community Correction Order or are you going to give it to Mr Athel to retain? Perhaps we will give you two copies.
99 MR SLATTERY: If we could have two copies, Your Honour, that would be appreciated.
100 HER HONOUR: Yes. Are there any further matters?
101 MR SLATTERY: No, Your Honour.
102 MS HAMMILL: No, Your Honour.
103 HER HONOUR: Yes, very well, if you could take Mr Athel into custody. Before you take him, can you give him a copy of the Community Correction Order. Please take Mr Athel into custody.
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