Director of Public Prosecutions v Atiyeh

Case

[2022] VCC 1299

9 August 2022

No judgment structure available for this case.

IN THE COUNTY COURT OF VICTORIA

Revised
Not Restricted

Suitable for Publication

AT Melbourne

CRIMINAL DIVISION

CR-22-00243

DIRECTOR OF PUBLIC PROSECUTIONS
v
KHALDOUN ATIYEH

---

JUDGE:

HER HONOUR JUDGE GAYNOR

WHERE HELD:

Melbourne

DATE OF HEARING:

DATE OF SENTENCE:

9 August 2022

CASE MAY BE CITED AS:

DPP v Atiyeh

MEDIUM NEUTRAL CITATION:

[2022] VCC 1299

REASONS FOR SENTENCE

---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:

Counsel Solicitors
For the Director of Public Prosecution Mr L. Harrison
For the Accused Ms A. Liang

HER HONOUR:

1 Khaldoun Atiyeh, you have pleaded guilty before me to charges contained in two separate indictments. On Indictment L12931262 you have pleaded to guilty to one charge of burglary, one charge of theft and one charge of possession of a drug of dependence. In relation to Indictment M11012705 you pleaded guilty to five charges of possessing a drug of dependence, two charges of contravening a firearm prohibition order and one charge of handling stolen goods. You also pleaded guilty to a number of related summary offences which were uplifted pursuant to s145 of the Criminal Procedure Act to be heard by this court. You are charged with possessing a Schedule 4 poison, namely sildenafil, and a charge of driving the motor vehicle whilst disqualified. You also pleaded guilty to another summary charge which relates to Indictment L12931262 that charge being entering premises without authorisation, that is, trespass. Finally, you have pleaded guilty to the related summary charges of contravening a firearms prohibition order whilst on bail and, again, driving whilst disqualified. Those offences taking place on 17 May 2021 and relate to the offences contained in Indictment M11012705.

2       To now enter the facts underlying this offending I will begin with the offending contained in Indictment L12931262 which relates to an offending admitted by you on 26 February 2020.  On Thursday 7 May 2019 you were served with a firearms prohibition order at the Loddon Prison in Castlemaine.  At about 8.21 on Friday 21 February 2020 you went to premises in Bulla Road, Strathmore in a dark coloured BMW sedan which had no registration plates.  You waited in the car outside before following a resident into the secure underground car park.  You then parked your car there and came out through the fire exit escape and out of the main entrance to the building.

3       At about 11.19 pm you came back to the address in Bulla Road and used a screwdriver to force open the door to gain entry, went into the secure underground car park and disabled the electronic garage door.  You manually opened the disabled door and went to your car which you drove from the car park before returning to the garage door and manually closing it before driving away.  These actions underlie Summary Charge 2 trespass.

4       At about 5.22 am on 22 February 2020 you returned to the address on foot, again, using a screwdriver to force open the door to gain entry.  These actions underlie Charge 1 on the indictment burglary.  Once inside you went into the secure car park, used a torch to look at a number of vehicles and somehow gained entry to a white utility.  You stole a remote control for the motorised garage door and then left the car park and the building.  Those actions underlie Charge 2 on the indictment of theft.

5       On multiple occasions after that you came back to the car park using the remote control to get in.  On 8 September 2020 you attended the Broadmeadows Police Station to be interviewed by appointment when you were arrested and interviewed.  Police noting you were wearing the same distinctive gold bracelets and shoes seen on CCTV footage at the address in Bulla Road.  You made no admissions in the record of interview but once it finished told police that it was you in the footage and that you no longer had the remote as it stopped working.

6       You were then summoned to appear at the Broadmeadows Magistrates' Court on 9 September 2021.  At about 2.30 pm on 16 March 2021 police members who were stationery near the intersection of Spencer & Bourke Streets in the city saw a dark Mercedes sedan go straight through a light at the intersection of Spencer & Little Collins Streets.  As they approached the intersection the car started to move away and through the intersection while the light was still red, so the police followed this car and intercepted it using lights and sirens.  They approached the car and saw that you were the driver.  You were identified to police who then determined that you were subject to a firearm prohibition order and that you were disqualified from obtaining a driver's licence.  Your actions driving on that occasion underlies summary Charge 3 driving whilst disqualified.

7       Police then asked if you would consent to a search of your car, which you did, during which they found a black satchel bag in the front passenger seat which contained, amongst other things, five tablets of Viagra.  This underlies the Summary Charge possession of a Schedule 4 poison.  On searching the vehicle police found a black satchel bag on the front passenger seat which contained a zip lock containing 0.77 grams of heroin which underlies Charge 3 on the indictment of possession of a drug of dependence and five tablets of Viagra which underlies the summary charge of possessing a Schedule 4 poison.  You were taken to the Melbourne West Police Station for interview where you made full admissions stating that the heroin was for your personal use and that you did not have a prescription for Viagra.  You were then released on bail.

8       The maximum penalty for burglary is 10 years' imprisonment.  The maximum penalty for theft is 10 years' imprisonment.  The penalty for possession of a drug of dependence is one year or 30 penalty units.  I am satisfied (and not pressed upon me) that possession of heroin was for anything other than personal use.  The maximum penalty for possession of a Schedule 4 poison is 10 penalty units.   The maximum penalty for driving whilst disqualified is two years' imprisonment and the maximum for trespass is six months' imprisonment or 25 penalty units.  Ultimately, this matter proceeded whereby on 3 December 2021 you entered a plea of guilty which adjourned the matter to 31 March 2022 to be merged with the other matters eventually heard by this court.

9       

I now turn to the charges contained on Indictment M11012705.  Again, on


7 May 2019 you were served with a firearms prohibition order at Loddon gaol in Castlemaine.  On 13 March 2021 an unknown offender entered a house of one, Benjamin Pekulski, during the early morning from which several items were stolen including his wallet which contained his Medicare card.  On 16 March 2021 you were placed on bail at the police station for drug-related offending.  You were to answer that bail at the Melbourne Magistrates' Court on 9 August 2021 at 10 am. 

10      

At around 10.23 on Monday 17 May 2021 police executed a search warrant at your premises at an apartment in Olive York Way, Brunswick West and on a grey Mercedes sedan which was registered to your mother but being driven by you.  From those premises police seized a purple container containing a white liquid substance being 74 grams of 1,4-Butanediol or GHB.  This underlies Charge 3 on the indictment possession of a drug of dependence.  They also found a plastic bag containing a light brown powder being


55.3 grams mixture containing less than 0.28 per cent of MDMA and 0.7 per cent of MDA.  The possession of those drugs underlies Charge 1 on the indictment.  They found two plastic bags containing compressed brown powder weighing 4.7 grams and being 0.5 per cent MDMA.  Your possession of those drugs also underlies Charge 1 on the indictment.

11      They found six rounds of ammunition on a coffee table, your possession of which underlies part of Charge 7 together with 33 shotgun shells on the balcony under tiles, your possession of which also underlies Charge 7 on the indictment.

12      

They found three white pills and three small rocks inside a zip lock bag on a coffee table in the lounge room which were found to comprise 1.6 grams of flualprazolam and 0.3 grams of alprazolam or Xanax. The possession of those drugs also underlies Charges 4 and 5 on the indictment.  Police also located a plastic bag containing moist brown powder weighing 1.3 grams and being


43 per cent MDMA.  Your possession of those drugs also underlies part of Charge 1.  Finally, they find a small bag of cannabis L. weighing 1 gram,  your possession of which underlies Charge 2 on the indictment.

13      At about 12.02 pm police saw you driving the grey Mercedes sedan with no number plates and leaving the car park of an address in Bulla Road in Strathmore.  At about 1.17 pm police saw you walking from the vicinity of that car that was parked in Strathmore and towards the address in Bulla Road.  They then attended upon the address in Bulla Road where you were present and you were arrested owing to the ammunition found at your address.  You told police you had used heroin immediately before their arrival and they seized keys to the Olive York Way apartment.

14      You told police you knew they were watching you as you drove past, that the Mercedes was parked around the corner and you had hidden the key to it nearby.  You were taken to another street where police found the key under a bush.  Police then searched the car seizing the following.  Firstly, the Medicare card in the name of Christopher Pekulski, possession of which underlies Charge 8 on the indictment.  They also found a silver and black handgun under the cab holder compartment in the centre console which police were only able to access by removing a panel.  Your possession of that gun underlies Charge 6 on the indictment.

15      You were taken to Fawkner Police Station assessed as being unfit for interview and remanded in custody.  Testing of the handgun confirmed it was a .45 Colt calibre revolver capable of discharge and that the six pieces of ammunition were 4.5 calibre and 2.32 calibre cartridges but the .45 calibre were not capable of being fired by the handgun that had been seized.

16      At the time of driving your licence was disqualified, those actions underlying Summary Charge 10.

17      You were eventually interviewed by police at Ravenhall Prison on the 10 June 2021.  Amongst other things you told police that you did not know the firearm was in the car but you knew the gun through your ex-brother-in-law who had shown it to you one night.  You said you did not want it in the car but the ex-brother-in-law must have left it there.  You said that that same ex-brother-in-law had four or fives days ago asked if you wanted to go to Crown with him because your nephew, and presumably your ex-brother-in-law's son, was being sentenced and he wanted to get his mind off it.  You said you went there and played till around midnight and on the way home your ex-brother-in-law pulled out the gun from his bag and showed it to you.  This man stayed with you at your premises at Olive York Way for the next few days, that you went to Crown, got some heroin and then after three days you told your ex-brother-in-law he needed to leave.  You said your ex-brother-in-law did so but then began sending you threatening messages telling you that you were going to go to gaol for firearms possession and that he had wiped his prints off the gun.

18      You admitted the cannabis was yours as were the shotgun pellets and the tablets and the GHB and some, but not all, of the MDMA.  You said you had not seen the ammunition that was recovered from the kitchen table but knew of the shotgun pellets as they were left with you.  You said that none of your forensic material would be on the gun.  Forensic testing of the handgun showed DNA samples from the trigger and the trigger guard and the handle which had a likelihood ratio of 100 billion in favour of the proposition that you had contributed to that mixed sample.

19      On 24 August 2021 you made a recorded statement for police relating to your ex-brother-in-law saying that he had been left alone in your car as you went to pick up drugs after being shown the weapon and that you knew of the area where the gun was found because that was where you hid syringes.  You said you also left your ex-brother-in-law in your apartment for up to five hours during the day.  You said you were shocked when you were shown the gun by your ex-brother-in-law, that you did not want it in the car, that you handled it and gave it back to your ex-brother-in-law.  You said this was the only time you had touched it.

20      The maximum penalty for possession of a drug of dependence is 5 penalty units when there is a small quantity of cannabis and it is not for any purpose related to trafficking.  One year imprisonment or 30 penalty units where the court is satisfied on the balance of probabilities, which I am, that the drug was not possessed for any purpose relating to trafficking.  The maximum penalty for contravening a firearm prohibition order is 10 years' imprisonment.  The maximum penalty for handling stolen goods is 15 years' imprisonment.  The maximum penalty for driving while disqualified is two years' imprisonment.  The maximum penalty for committing an indictable offence whilst on bail is three months' imprisonment.

21      You were remanded in custody on 17 May 2021 but were granted bail by the Supreme Court on 9 September 2021, that bail being revoked on 2 December 2021 since which time you have remained in custody.

22      You have therefore served 369 days of pre-sentence detention.  You indicated a guilty plea at a special mention at the Melbourne Magistrates' Court on 21 January 2021 vacating a committal and it is accepted that this was a plea at an early stage.

23      I now turn to your personal circumstances. You are 39 years of age, the youngest of five children born to your parents.  You came to Australia with your family from Syria when you were still a baby.  You have three older sisters and an older brother who, unfortunately, has succumbed to methylamphetamine use and is currently in custody.  Your father is ill having suffered a relapse to cancer.  You were strongly supported by your parents throughout your lifetime and you told psychologist, Dr Aaron Cunningham, whose older report of 5 March 2018 was tendered on the plea, that you feel guilty, that you have not assisted them and that you have been a disappointment to your parents and were particularly concerned that you were not there to assist your father.  You described both your parents as loving, although you think as the youngest you were somewhat babied.

24      You attended the Brunswick North Primary School and Brunswick Secondary College.  You had a learning disability and a teaching aid but were expelled in Year 9.  You then worked in your parent's restaurant and went on to continuing employment, the longest period of it being for Aussie Tucker Trucks for a period of about four years.  This was the longest period that you have been out of gaol.

25      Unfortunately, you began using cannabis from age 12 with friends but then began using heroin when you were 16 as your two best friends were using it at the time.  You told Dr Cunningham that you felt using drugs was the sign that you had grown up and that you had found something for yourself.  You later began injecting the drug using up to half a point a day.  You began using methylamphetamine in about 2012 using a couple of points per day.  You have been prescribed methadone.

26      The importance of Dr Cunningham's report was that he conducted a psychometric assessment of you concluding that you had a full intelligence of 58 within a range of 55 to 63.  What that means is, Mr Atiyeh, is that you have an IQ that has been assessed as being in the extremely low range what is called a moderate intellectual disability and, indeed, you have been accepted for services by the intellectual disability department of the Department of Families, Fairness and Housing, DFFH.

27      And that has taken me back to your prior criminal history which is appalling and extremely long.  It dates back to 2000 when you were dealt with for burglary and theft and obtaining property by deception and virtually every year since you have been dealt with by courts for charges including driving an unregistered vehicle, attempted theft, going equipped to steal, criminal damage, intentionally causing injury, making a false report to police, unlicenced driving, attempted burglary, assaulting police, hindering police, acting in a manner prejudicial to the good management of a gaol, theft from motor vehicle, tampering with a motor vehicle, attempting to commit an indictable offence, harassing a witness, unlawful assault, assault with an intent to rob, driving whilst disqualified which you have been convicted of on a number of occasions, theft, dishonestly undertaking and the realisation of stolen goods, shop theft, theft from motor vehicle, obtaining property by deception, possession of heroin, again obtaining property by deception. 

28      Your prior record also includes multiple convictions for shoplifting, theft of motor vehicle and theft from motor vehicle, breaches of an intervention order, making a threat to kill, dealing with properties suspected of being the proceeds of crime, possessing a dangerous article, possessing amphetamines, possessing a controlled weapon without excuse, trafficking heroin, intentionally damaging property, possessing both methylamphetamine and heroin, possessing an unregistered general category handgun for which you were convicted in 2017 resulting in the firearms prohibition order, multiple contraventions of a Community Corrections Order, making a false document to the prejudice of another, using a false document to the prejudice of another.

29      You were last sentenced by a court on 9 November 2020 for breaching parole, trafficking in methylamphetamine, possessing cocaine, theft of a motor vehicle, driving whilst authorisation suspended and other driving offences.  You have previously been placed on 11 Community Corrections Orders, all of which you have breached.

30      I do note, as was noted in Dr Cunningham's report, that you did refrain for a four-year period from offending.  You married against the wishes of your parents and your sister, another drug user. That marriage ended a couple of years ago.  I am satisfied at the time of this offending you were also using drugs and that some of that offending, not all of it, could be said to be in pursuit of supporting that drug habit. 

31      You have never been dealt with previously, as I understand it, as a person who suffers an intellectual disability and, therefore, subjected to the services offered by the Forensic Disability State-Wide Access Service.  You were not classified as being eligible for those services until 31 May this year. 

32      Gaol has been somewhat difficult for you.  Certainly, on every occasion that you have appeared before this court you have presented with symptoms of distress as have your parents.  You sought through your counsel placement on a drug and alcohol treatment order but were found by me to be ineligible for such an order I instead seeking an assessment of you by intellectual disability services and also seeking an assessment of you for placement on a Community Corrections Order.  The community corrections assessment resulted in a determination that you are not suitable for a Community Corrections Order.  However, that seemed to be based, not just on your extremely poor and lengthy criminal history and poor history of compliance with Community Corrections Orders, but also on the personal assessment of you and your inability to detail why things might be different this time and what you wanted to achieve on such an order.

33      I bear in mind that not only have you been diagnosed as suffering an intellectual disability, it is what is called a moderate intellectual disability which in psychological terms means it is reasonably severe.  An IQ within the range detected by Dr Cunningham is well below the cut-off IQ rate of 71, all scores below that being indicative of an intellectual disability of some kind, the seriousness growing as the IQ score drops.

34      The justice plan, as I have said, was extremely helpful in particular as was the disability overview sought.  You are the recipient of funding from the NDIS which it was noted in the reports you have previously not taken up but will now be used by you.  Whilst in custody you have received counselling but it is recommended that you do require a more sophisticated counselling than that you received.  I think Dr Geoffrey Cummins, in another old report, diagnosed you as suffering post-traumatic stress disorder as a result of being shot and this is something that needs to be attended to as it also seems to underlie your drug use to some extent.  According to the justice plan the recommendations are that you should engage with a disability justice coordinator from DFFH and be guided to appropriate drug treatment, and that you participate in mental health treatment by a clinical psychologist.  This all seems to make a great deal of sense to me given your presentation.

35      It was noted in the justice disability overview report that you have well developed social skills and an extremely supportive family to the point that it may well be that they have babied you.  It was noted that your employment experience is limited and you did not show an awful lot of interest in future employment but it was noted you were prepared to explore options through an employment agency.  You were described as cooperative and thoughtful while being assessed.  You told the assessing officer that you were determined to collaborate with him, and final recommendations and that you were considering factors that would help reduce the likelihood of you re-offending.  The plan is that on your release you will reside with your parents in Brunswick.

36      The author of the report also had considerable contact with your sister, Rebecca, and she remains also extremely supportive of you. She was encouraged by a recent conversation with you that you were 'enjoying being clean', that is, being free of drugs as a result of your incarceration once bail was refused.  She said this was something she had not heard you say in the past.  The author stated 'indeed Mr Atiyeh communicated to the writer that during his period in custody he has had time to reflect on his situation in a drug-free state and wished, most of all, to make up to his mother and father in any way possible for lost time.  Certainly, Mr Atiyeh recognised that with the strength of his entire family in addition to the support offered through disability justice coordination and the National Disability Insurance Scheme, of which he is a participant, he was well positioned to progress through the recommendations of a justice plan should the court impose it'.

37      The author of this report also talked about the benefits of you being a participant in the NDIS in that you are able to purchase services addressing your disability needs and saw value in you undertaking an independent living skill assessment with a therapist which would help the NDIS plan review for funding supports needed to meet your disability.  You said you were keen to receive disability support worker assistance to help you live a drug-free and offence-free lifestyle and that you wanted to develop your skills in literacy and numeracy.

38      So even though you have a very long history of offending and associated drug use, Mr Atiyeh, you have never been formally assisted with your intellectual disability and the services available to you now, which includes the NDIS, mean that in my view it is appropriate that I deal with you by way of a sentence which comprises both a term of imprisonment, which I will declare as already served, and your release on a Community Corrections Order.

39      I therefore sentence you as follows.  In relation Indictment L12931262 Charge 1, burglary, you are sentenced to six months' imprisonment.  Charge 2, theft, you are sentenced to three months' imprisonment.  Charge 3, possession of a drug of dependence, you are sentenced to two months' imprisonment.  On the related summary charges, Summary Charge 2 trespass, you are sentenced to two months' imprisonment. 

40      MR HARRISON:  Apologies, Your Honour.  Summary Charges 8 and 10 relates to Indictment M - - -

41      HER HONOUR:  They related to – pardon?

42      MR HARRISON:  Summary Charges 8 and 10 relate to Indictment M11012705.

43      HER HONOUR:  They do, all right.  I will just - - -

44      MR HARRISON:  It is owing to the amount of - - -

45      HER HONOUR:  There is only one, sorry.  Look, I will chop all that out when the – it comes to me.

46      MR HARRISON:  Indeed, Your Honour.  There is a - - -

47      HER HONOUR:  So in relation to summary Charge - - -

48      MR HARRISON:  In relation to Indictment L12931262 there are two summary offence Charge 2s because they are from separate informant matters that come up at the same time.

49      HER HONOUR:  All right.  So I have got  - that is 16 March.  They are all – I'm sorry.  What is the charge that – I mean I worked it out while I was doing it.

50      MR HARRISON:  Yes, Your Honour.  Your Honour has already noted your sentence in regards to trespass summary offence Charge 2.  The other notice of summary offence dated 3 March contains the summary Charges 2 and 3 we prosecuted, 2 being the charge of possession of a Schedule 4 poison.

51      HER HONOUR:  That is right.  I did have that, where has it gone.

52      MR HARRISON:  And summary Charge 3 being driving while disqualified.

53      HER HONOUR:  All right. On further Summary Charge 2, possession of a Schedule 4 poison, you are sentenced one month imprisonment.  On the charge of driving whilst disqualified you are sentenced to one month imprisonment.

54      I now turn to the charges contained on Indictment M11012705.  In relation to each of Charges 1 to 5 you are sentenced to two months' imprisonment on each charge.  In relation to Charge 6, possession of a firearm, you are sentenced to eight months' imprisonment and released on a Community Corrections Order.  On Charge 7 you are sentenced to four months' imprisonment also with release on a Community Corrections Order.  And on Charge 8, retention of stolen goods, you are sentenced to two months' imprisonment.  In relation to Summary Charge 8 you are sentenced to four months' imprisonment and on Summary Charge 10 you are sentenced to one month imprisonment.

55      HER HONOUR:  Now just excuse me while I work out the – the base charge will be eight months imposed on Charge 6.  I order that six months of the sentence in – do I need to do – I need to accumulate the indictment separately, don't I?

56      MR HARRISON:  Your Honour, already – yes.

57      HER HONOUR:  All right.

58      In relation to the first Indictment L12931262 the base charge will be six months and I order that one month of that sentence be accumulated giving a total effective sentence of seven months. On the summary charge of trespass you are sentenced to two months imprisonment which will be served cumulatively to the base charge.

59      In relation to Indictment M11012705 the base charge will be the eight months imposed on Charge 6 and I order that two months of the sentence imposed on Charge 7 be served cumulatively to the sentence imposed on Charge 6 giving a total effective sentence of 10 months.  I order that two months of the sentence imposed on Indictment L12931262 be served cumulatively to the sentence imposed on Indictment M11012705 giving a total effective sentence of 12 months.  I declare that this time has already been served by way of pre-sentence detention.  Now the cumulation is less than I would normally give but a lot of the offending here is repetitive and subsumed in other ways, so that is why I have done it that way. 

60      The Community Corrections Order will last for a period of 18 months.  All right.  Before I can place you on that order I must first get your consent, Mr Atiyeh, so I need to explain what the conditions are. 

61      So the Community Corrections Order will last for a period of 18 months as I have said.  While you are on the order, Mr Atiyeh, you must not commit any other offence punishable by imprisonment.  Do you know what that means? 

62      ACCUSED: (Indistinct).

63      HER HONOUR:  It means if you commit an offence that you get gaol for, all right.  Even if it is just something small like a shoplift, that will breach the order and you will come back in front of me.  Now I want to make something very clear, Mr Atiyeh.  If you mess up this opportunity on the CCO every time you get in trouble in the future you are going to end up in gaol.  You know that don't you. 

64      ACCUSED:  Yep.

65      HER HONOUR:  All right.  If you muck up that is the end.  It is gaol, gaol, gaol.  That is all that is going to happen to you.  All right.  This is a real opportunity.  You have got intellectual disability services, you have got the NDIS all in there.  There is no reason why this should not work for you, all right.  You have got a lot of support.

66      Now previously your intellectual disability was not only not diagnosed, no order that you were put on was ever fashioned around that.  Does that make sense? 

67      ACCUSED:  Yep.

68      HER HONOUR:  All right.  So I am just going through the orders.

69      You may not commit another offence punishable by imprisonment while on the order.  You may not leave Victoria without the permission of the community corrections office.  You must report to and receive visits from the community corrections office.  You must inform the community corrections office of any change of address or employment within 48 hours of that change.  You must not attend upon community corrections under the influence of drugs or alcohol.  What have I left out?  You must obey all lawful directions of the community corrections office.

70      The special conditions are that you are to undergo treatment, assessment and treatment for drug use difficulties.  You are to attend assessment and treatment for mental health difficulties and you are to be placed on a justice plan and you have to do what you are told under that justice plan.  Do you understand, Mr Atiyeh?

71      ACCUSED:  Yes.  So is – am I finished my sentence today or do I have to do the - - -

72      HER HONOUR:  Yes.  No, it is today. You are done.  All right. 

73      ACCUSED:  Yeah.

74      HER HONOUR:  Look at the trouble you got yourself in, hey.  And you are bit too old for this now, aren't you?  Yes.

75      ACCUSED:  I know.

76      HER HONOUR:  All right.  Well you are going home but this time you - - -

77      ACCUSED:  Thank you.

78      HER HONOUR:  - - - really need to behave yourself and keep your nose clean, Mr Atiyeh, because we have run out of sentencing options for you.  You keep using drugs, knocking off cars, doing burglaries, doing all the things that drug users do, it is going to be gaol, gaol, gaol from now on.  You understand?

79      ACCUSED:  Yep.  I promise I won't let you down.

80      HER HONOUR:  All right, thank you.  Pursuant to s6AAA I declare that had you not pleaded guilty I would have sentenced you to a total effective term of two and half years and ordered that you serve a minimum – hang on, two years and nine months and ordered that you serve a minimum term of 18 months.  All right.

81      I am going to stand down.  My associate will get the paperwork done and while I am gone she will explain to you how you get to sign the Community Corrections Order paperwork.  All right.

82      ACCUSED:  Thank you.

83      HER HONOUR:  Thank you very much.  And there were disposal orders that I saw needed to be attended to.

84      MR HARRISON:  Thank you, Your Honour.

85      HER HONOUR:  A disposal order.  What is the date today again?  It is the - - -

86      MS LIANG:  9 August, Your Honour.

87      HER HONOUR:  Mr Harrison.

88      MR HARRISON:  I believe so, Your Honour.

89      HER HONOUR:  All right.  Thank you very much.  Here is the disposal order.  Thank you.  We will adjourn to 9.30 tomorrow morning.  You just sit tight there, Mr Atiyeh, because you can have a chat with your barrister and also my associate needs to prepare the paperwork.  All right.

90      ACCUSED:  Okay.

91      HER HONOUR:  So I will just go back to chambers.  Adele, you can bring that paperwork down once it has been done.  Thank you very much.  Thank you.

92      ACCUSED:  Thank you.

93      HER HONOUR:  Thank you.

- - -

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0