Director of Public Prosecutions v Atkinson
[2016] VCC 519
•27 April 2016
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-15-01959
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSEPH ATKINSON |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 February 2016 and 15 March 2016 and 27 April 2016 | |
DATE OF SENTENCE: | 27 April 2016 | |
CASE MAY BE CITED AS: | DPP v Atkinson | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 519 | |
REASONS FOR SENTENCE
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Subject: Criminal Law- Sentencing- Youthful Offender-Cognitive Impairment- Application of Verdins rejected in respect to the Offending-Combined sentence of imprisonment and CCO Imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Plummer (Plea 24/02/2016). Ms C Piccone (Sentence) | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Ms C Woodward | Victoria Legal Aid |
HER HONOUR:
1 Joseph Atkinson, you have pleaded guilty to two charges of theft, one charge of prohibited person possess firearm, one attempted armed robbery, two charges of obtain property by deception, one charge of resist emergency worker on duty, one charge of possess drug of dependence and one charge of handling stolen goods.
2 You have consented to summary charges being transferred pursuant to s145 of the Criminal Procedure Act 2009. You have entered pleas of guilty to Summary Charge 15, dangerous driving; Summary Charge 17, unlicensed driving; Summary Charge 32, deal with property suspected of being the proceeds of crime; and Summary Charge 34, unlawful assault of Alex Afifi in company with another, namely, Taylor Workman.
3 Each of those charges are serious and that is reflected in the maximum penalties that are prescribed by law and they are as follows:
Charges 1 and 3, theft, ten years' imprisonment;
Charge 2, prohibited person possess a firearm, ten years’ imprisonment or
1200 penalty units;
Charge 4, attempted armed robbery, 20 years’ imprisonment;
Charges 5 and 6, obtain property by deception, ten years’ imprisonment;
Charge 7, resist emergency worker on duty, five years’ imprisonment;
Charge 8, possess a drug of dependence - Level 8, one year imprisonment or 30 penalty units or both. That is because the court is satisfied on the balance of probabilities that the offence was not committed for any purpose related to trafficking;[1]
[1] In this instance the prosecution accept that the relevant drug was for personal use: therefore the lower penalty applies.
Charge 9, handle stolen goods, 15 years’ imprisonment;
Summary Charge 15, drive in a manner dangerous, 240 penalty units or two years' imprisonment or both. On finding a person guilty of the offence, the court must, if the offender holds a driver's licence or permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time (not being less than six months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit.
Summary Charge 17, unlicensed driving, 25 penalty units or three months’ imprisonment;
Summary Charge 32, deal with property suspected of being the proceeds of crime, two years’ imprisonment;
Summary Charge 34, aggravated assault, 12 months’ imprisonment.
4 In addition, you have admitted your prior criminal history and it is of significant relevance. There are some nine court appearances spanning the period from 1 February 2008 until 31 July 2014. There are five appearances in the Children’s Court and the four others relate to appearances in the Magistrates’ Court. There are three in the Magistrates' Court and one in the Melbourne County Court.
5 On 15 July 2014 you were sentenced by her Honour Judge Gaynor in this court, in respect to one charge of aggravated burglary, one charge of recklessly causing injury and one charge of theft. The offending the subject of those charges occurred in breach of a Youth Attendance Order and two sets of bail conditions.
6 You were released conditionally by the Youth Parole Board and you were on conditional release at the time of this current offending.
7 Her Honour Judge Gaynor sentenced you on 15 July 2014 to an aggregate sentence of 12 months. Three days pre-sentence detention were declared. The order was to be served by way of a Youth Justice Order. You were released on the Youth Parole Order on 15 September 2014 and that order was due to expire on 11 July 2015.
8
The offending the subject of this indictment occurred on the dates of
23-25 March 2015 and I will deal with that shortly.
9 Your past prior court appearances relate to various driving offences, thefts, including theft of motor vehicle, possession of drugs, contravention of Family Violence Orders, some violence offences and dishonesty offences and multiple charges of unlicensed driving.
10 In the past you have been dealt with by courts and you have had a variety of dispositions imposed, including adjourned undertakings, without conviction probation orders, fines, Good Behaviour Bonds, Youth Attendance Orders and a Youth Justice Centre Order.
11 There were some summary matters that were outstanding that relate to a driving offence and theft of some tools and also breach of a Family Violence Order that was dealt with on 22 March 2016 in the Magistrates’ Court and you were placed on a 12 month Community Correction Order with orders in relation to your rehabilitation and treatment.
12 I will now proceed to sentence you for the current matters.
13 On 23 March, in the early hours of the morning, together with two unknown males, you stole a Mercedes Benz C-Class Coupe, a motor vehicle belonging to Gillian Whiteley (theft Charge 1). On an occasion later in that day you were seen by a security officer at shopping centre brandishing a handgun (prohibited person possess firearm, Charge 2). Shortly thereafter there was a police pursuit when you sped away in the vehicle (driving in a manner dangerous, Summary Charge 15).
14 On 24 March 2015, at about 7.45 pm, you were in company with Alex Afifi and Christopher Clemmet. You all attended the Coles Express Service Station in Lygon Street, Brunswick East. Afifi filled the Mercedes with petrol valued at $62.40 and then asked both you and Clemmet for money but you did not have any. Afifi got back into the Mercedes and you all drove away without payment (theft, Charge 3).
15 A short time later you asked Afifi, who was driving, to pull over and then you hopped into the driver’s seat and drove away. As you were driving along a street in Coburg, a Mr Thomas Caddaye-Vickers stepped onto the road. He shouted out words to the effect of “Slow down, what if I was a kid?” Then you started to yell and abuse at him and he yelled back. You then revved the engine and drove back towards him, yelled at him, asked him to turn around, at which stage he observed you pointing a black automatic handgun at his head and you were laughing. He did not move. You said to him “Give me your money”. You were told by one of your co-offenders, Afifi to leave him alone and the other one said, “Let’s get out of here”. Here Mr Caddaye-Vickers walked away (attempted armed robbery, Charge 4).
16 On 25 March 2015, at 12.13 am, you drove the Mercedes to a 7-Eleven store in Ascot Vale. You gave Afifi an ANZ debit card in the name of Nigel Weiman. He entered the store and used that card to purchase food and drink in credit to the value of $77.02 (obtain property by deception, Charge 5).
17 At 1.06 am you drove into the Coles Express, Glenroy. Afifi entered that store and again used the debit card to purchase food and drink and a mobile phone credit. He returned to the Mercedes where the food and drink were consumed and you used the phone card to recharge your mobile phone (obtain property by deception, Charge 6).
18
You then drove to Fitzroy North and arranged for Clemmet and Afifi to pick you up about half an hour later. Clemmet drove the Mercedes away. About
30 minutes later the police attempted to intercept the vehicle. He failed to stop and, whilst attempting to evade police, crashed the Mercedes in King Street, Brunswick East.
19 Eventually, the co-accused, Afifi, was located nearby by police K-9 and was arrested. At that time he possessed Mr Weiman’s debit card. He was taken to the police station where he was interviewed and charged and later released on bail. He then went to his girlfriend’s home in Preston following his release.
20 Police searched the Mercedes and located the items that are the subject of Summary Charge 32, dealing with proceeds being suspected of being proceeds of crime. They also located the firearm which is the subject of Charge 2, prohibited person possess firearm.
21
The firearm was examined by an expert who described it as an airsoft pistol with a 6 millimetre BB calibre, Taiwanese manufacture KWC brand with serial number 40904729. The pistol meets the definition of a firearm as per s.3(1) of the Firearms Act 1996. It has the general appearance of a Beretta brand
semi-automatic pistol, model 92FS.
22 Later on the evening of 25 March 2015, you, Clemmet and another man, Taylor Workman, and Hayley Arnold attended Mr Afifi's girlfriend's house in Preston. You went into his bedroom where he was sleeping. Water was thrown onto his face to wake him up. You told him to get up. He was asked about what he told the police and in particular you asked him “Where’s the tape?” to which he responded, "The police were going to send it out." You asked him if he had been charged and he said “No”. Police were still investigating but he “did not lag”. You told him the police had been to your house and again he said he “didn’t lag”. You said there was nothing he could do about it but Afifi was going to get “got”. Workman then jumped onto the bed, stood over Afifi and punched him five or six times to the head. His girlfriend was screaming and then you stepped in and pulled Workman away (aggravated assault in, Summary Charge 34). You then left the house with the other two men.
23 On 26 March 2015 police attended the unit you were living in, in Fitzroy North, where they executed a search warrant. You refused to open the front door, so police forced entry. You were told you were under arrest. Attempts were made to restrain you. You struggled violently. You were pushing two police officers away. You moved into the lounge room where you continued to struggle and resist police demands for you to put your hands behind your back. Eventually three members assisted the two officers to restrain you in handcuffs.
24 While searching the premises they found a small ziplock bag containing methamphetamine, (possess amphetamine, Charge 8). Some Victorian number plates were found in the lounge room (handle stolen goods, Charge 9). The plates had been stolen on 2 February 2015 from a Lexus motor vehicle in the undercover car park at Northland Shopping Centre, Preston.
25 A formal record of interview was conducted at the Richmond Police Station and you made "no comment".
Sentencing of the co-accused
26 Mr Workman was dealt with at Melbourne Magistrates’ Court on 16 November 2015. He was convicted and sentenced to four months’ imprisonment for the assault charge relating to Mr Afifi. He had 158 days pre-sentence detention. He was aged 24. He had a prior criminal history of some significance, including convictions for unlawful assault, committing indictable offences whilst on bail, driving charges and dishonesty offences.
27 Mr Afifi was dealt with on 4 September 2015. His matter proceeded by way of a consolidation of many charges, one of which included the theft of the Mercedes motor vehicle. There were also other charges relating to obtain property by deception and theft. He was convicted and imprisoned to two months' imprisonment to be followed by a Community Correction Order of nine months with special condition. It was noted by the sentencing magistrate that he was co-operative with the police upon his arrest and charge and that he expressed a willingness to give evidence against you at the committal hearing. He appeared at committal and gave evidence on the first day. His criminal history is less significant than yours. He has three earlier court appearances with respect to dishonesty and contravening a bail condition.
28
Because you have been charged with more serious offending than both
Mr Workman and Mr Afifi and your offending occurred whilst you were on conditional release on Youth Parole and having regard to your antecedents, a disparity in your sentence can be justified.
29 I note your matter settled on 6 November 2015, the second day of a contested committal.
30 Mr Atkinson, your offending is very serious, involving as it does a spree of serious criminal offending occurring over a short period of time as set out in the indictment. The fact that you were armed with this firearm and made threats to Mr Caddaye-Vickers is very serious. No doubt this incident would have caused him deep concern. He was approached by police but did not provide a Victim Impact Statement when requested. Further, you were driving, when requested by police to stop, you did not and you were involved in a pursuit, placing yourself and others on the roadway and nearby in danger. You were driving whilst unlicensed.
31 Your explanation for the offending was that you had fallen in with drug using peers and were using heavily, methamphetamines. Whilst explaining your behaviour it in no way excuses your behaviour.
32 Following the arrest you were remanded in custody and have remained in custody ever since. This is the first time where you have spent time in an adult custodial setting and I accept it has been very difficult for you.
33 You are currently being held at Port Phillip Prison and you have been there since 4 September 2015. You have however made the most of your situation and you have engaged in employment. You undertook some sewing with the textile industry and I am also informed that you have done some work as a billet cleaning your unit.
34 Prior to being moved to Port Phillip Prison you were at the Metropolitan Remand Centre and you were exposed to the riots that occurred in early July 2015 and the subsequent lockdown conditions that operated after that. It is not suggested in any way you were a participant in the riots. You were extremely traumatised by the riots. I accept that the conditions of your confinement whilst you were held at the Metropolitan Remand Centre were very harsh and I have taken that into consideration. I note there was loss of privileges and 23 out of 24 hour lockdown imposed following the riots and that continued for some months.
35 From your time spent in custody you have gained insight. You have told your counsel, Ms Woodward, that your experience of custody has assisted you in your resolve to stop offending and that you never want to go back to gaol. In gaol you have been stood over and bullied and you are finding imprisonment difficult.
36 You are still a relatively young man. You are only 22.
37 Youthful principles apply and I refer to the decision of Azzopardi v R [2011] VSCA 372; (2011) 35 VR 43. However you are not a first time youthful offender and your prospects of rehabilitation at this stage can only be described as at best guarded.
38 By way of background, I note that you were born in Carlton and raised in Preston. You are the youngest of four children.
39 Your father, Mr Geoffrey Dobbin, was present at the plea hearing throughout and remains supportive of you. Sadly your mother died in tragic circumstances about two years ago. She had been visiting you at the Malmsbury Youth Training Centre and on the way home, whilst driving, suffered a heart attack and died as a consequence of a single vehicle collision.
40 Your parents separated when you were very young. Both parents struggled for years with their own addictions. You spent your early childhood living with your paternal grandfather and only returned home to live with your mother when you started high school.
41 At school you experienced learning difficulties and behavioural issues. You had a teacher’s aide in primary school. You attended Reservoir Secondary College but left there in Year 7 and then you went to Pavilion Alternative School, completing Year 9 or 10 and then you had some further education whilst being detained at the Malmsbury Youth Training Centre.
42 You have a documented mild intellectual disability. You were in receipt of a Disability Support Pension for learning disabilities prior to your arrest.
43 In the past you had a long-term relationship with Hayley Terei, (whom you met through a mutual friend). You were together for about four years. Sadly, that relationship was marred by mutual drug use and abuse.
44 There are two children from that relationship, Braxton (aged two and a half) and Hunter (aged 18 months). Both children are currently in the care of Ms Terei’s father and her aunt. The Department of Health & Human Services continue to be involved with your children and you are kept informed of their progress. Prior to arrest, you had some supervised access. At this time your relationship with Hayley has ceased.
45 I noted your history of long-term alcohol and drug abuse. Your drug use started at age 13 when you abused cannabis, increasing to daily binge use up to the age of 18. You were introduced to methamphetamines at the age of 18 and you reported a pattern of smoking daily, having a couple of points at a time. You were using ice heavily at the time of your arrest. You currently deny any regular alcohol use.
46 I have had regard to the report provided to me from Warren Simmons, consultant psychologist, dated 17 February 2016. He notes no remarkable history insofar as medical and mental health conditions are concerned. Importantly I noted that you explained to him that your behaviour was stupid and ridiculous. You asserted that the drugs make you do a lot of things that you wished you had not done. You told Mr Simmons that you had been smoking methamphetamines and that was the context of your offending. You told him you were mixing with a negative peer group because they had access to the drugs and they were supplying you at no cost. You indicated to Mr Simmons you wished you had not done what you did.
47 He considered that you were easily led and influenced by your co-accused, although that is not to deny your own actions. He recommended a Justice Plan be prepared and that you would benefit from drug and alcohol counselling and also you needed help with relapse prevention strategies.
48 He also said you need assistance with potential employment, accommodation and building pro-social peer groups. He cautioned, given your intellectual difficulties, that it is possible that a long period of incarceration would result in a degree of institutionalisation as your adaptive functioning is low.
49 He recommended that you will require a greater period of supervision prior to returning to the community to assist you to adapt back into the community without being involved in your previous negative peer group.
50 Ms Woodward, on your behalf, urged the court to consider Mr Simmons' recommendations. She acknowledged that objectively the offending was very serious and further that it occurred whilst you were on Youth Parole and the fact that you had relapsed into drug use and mixing with a negative peer group.
51 Ms Woodward highlighted the difficulties with your intellectual disability and she provided the court with information from Ms Pamela Matthews, who documented her findings in a report dated 8 April 2013, following an interview she conducted on 12 February 2012. Ms Matthews confirmed that in both 2004 and 2008 testing was undertaken and you were identified as being in the mild intellectually disabled level of functioning with low level of cognitive ability and limited reading ability.
52 Ms Woodward highlighted your relative youth and the need to emphasise rehabilitation in any sentence so as to foster your return to the community with appropriate supports to reduce your risk of re-offending.
53 She relied on the principles of Verdins, having regard to the findings of both Mr Warren and Ms Matthews, but as was discussed in the plea hearing having regard to the particular circumstances of the offending I was not satisfied that there was a link between your cognitive impairment and offending. Rather, I considered that the offending occurred in the context of your heavy use of methamphetamines.
54 When you were interviewed by Ms Matthews in 2012 you told her you recognised you had emotional problems. You blamed your drug use and told her that you did not want to continue to behave like this, to continue to have drugs affect your life, and that you had chosen to detoxify. Given that you then subsequently underwent counselling through YSAS, including an attempt at detoxification, it is apparent that you are aware and you do have insights into the effect on you of drugs.
55 It is my view that you offended because of your abuse of methamphetamines and in those circumstances I do not consider that the principles of Verdins are enlivened. I do not propose to moderate general or specific deterrence. I consider that you understood what you were doing was wrong and that your moral culpability is high.
56 I have noted the stern warnings given to you by my fellow judge, Judge Gaynor, when she sentenced you. She discussed with you in very direct and plain language what would happen to you in the event that you used the drug, ice, again and offended again. She told you that faced the very real possibility of adult gaol and you acknowledged to her that you understood the connection between using the drug, ice, and your offending.[2]
[2]Sentencing remarks of her Honour Judge Gaynor 15 July 2014 at p, 6 and 7.
57 In sentencing you, I must emphasise both general and specific deterrence and impose just punishment.
58 In your favour, I have taken into account the matters put in mitigation. The matter did resolve at committal prior to any significant cross-examination of witnesses and a plea of guilty was entered on the second day of the committal hearing. In those circumstances I am satisfied the plea was entered at an early stage of the proceedings and that there is real utility in your plea of guilty. It represented a saving in time and cost to the State and it spared all the witnesses the inconvenience and trauma of having to come to court and give evidence at a trial. I accept it demonstrated a willingness to facilitate justice and your sentence will be discounted accordingly.
59 It is accepted that you have had substance misuse issues since your teenage years and for the future that you understand the link between your drug use and the offending so that there is a real need for you to abstain from drug use. Currently you are detoxed and you acknowledge that there is a need for ongoing support in this area. This is a positive sign that needs further encouragement to enhance your prospects of rehabilitation.
60 It is obvious that as a child that you were exposed to both parents’ drug misuse and, further, that your upbringing was problematic given your mother’s history of serious mental health issues and the fact that from time to time she could not properly care for you. Your father had his own drug issues and also dealings with the criminal justice system so he was not there to support you either in your early formative years. I accept that the impact of your disadvantaged background has not diminished over time.[3] I have taken that into account and I refer to Bugmy v The Queen.
[3]Bugmy v R [2013] HCA 27
61 In your favour I have also taken into account the fact that you have been productive whilst in prison. I have regard to the numerous certificates of completion relating to various employment-related programs that you have done through Kangan Institute and also it is important that you have voluntarily participated in the Narcotics Anonymous meetings when available within the prison.
62 In the future there is a real need for you to develop more strategies to deal with your underlying offence behaviour and your drug issues.
63 On behalf of the community, I must denounce your behaviour. I have had regard to your plea of guilty, your relative youth and, your prospects for rehabilitation and the fact that I consider at this stage you are at a turning point in your life and that it is worthwhile that we try and make the most of this opportunity to try and change your previous criminal behaviour and make you live your life in a more law-abiding manner.
64 I consider having regard to your prior criminal history that there remains a likelihood of re-offending absent a very structured and supported transition from gaol back into the community. I consider that you require strict supervision in order to ensure compliance with the court orders.
65 I have had regard to your father’s expressed comments in his letter to me, that you have matured as a consequence of being in gaol. At age 22, I do not consider that you are beyond hope. However, Joseph, you do require strict limitations and firm guidance in order for you to make good your resolve to remain drug-free and crime-free so that you may reach your full potential.
66 In formulating the appropriate sentence, I have been very mindful of the comments made by Mr Simmons. There is a real need to avoid any further period of incarceration so as to reduce the increased risk of institutionalisation. It is important that at this age and stage of your life that you be given one last opportunity.
67 I note that the Crown Prosecutor, Mr Plummer, submitted to the court that a further period of imprisonment was warranted having regard to all the particular facts and circumstances and the gravity of your offending, but I have been swayed by all the material that I now have before me that it is a worthwhile exercise for you to be released in the structured and supported manner that I have identified earlier this morning.
68 I have had regard to the pre-sentence report compiled by Richard Temple-Camp dated 24 February 2016. It confirms that you are suitable for a Community Correction Order subject to strict conditions, including supervision, treatment and rehabilitation for drug and alcohol abuse and programs to reduce re-offending.
69 He noted your high risk of re-offending, but nonetheless I consider it is worthy and a worthwhile exercise for the court to give you this opportunity to demonstrate to the court that there is substance in your commitment to change. You have acknowledged through your counsel and to me personally in court that you understand the obligations of a Community Correction Order and the consequence of failing to meet those obligations. You consented to a Community Correction Order in the manner that was proposed earlier this morning.
70 As was discussed at the last hearing on Tuesday, 15 March 2016, your case is somewhat problematic given the history that is before the courts and the many opportunities you have had. Notwithstanding that, you have quickly re-offended and breached orders in the past.
71 I have now come to the conclusion that it is appropriate that time served to be followed by a Community Correction Order, with the special conditions that I have set out, together with the special conditions set out in the Justice Plan, are such that they are tailored specifically to address your underlying needs in an appropriate way that takes into account your cognitive impairment and offers you the best hope for the future.
72 It is recognised and it was stated by your own counsel, that you are at the crossroads and that you appreciate that, and you have now given an undertaking to commit to remaining drug-free and also to take up the various opportunities that are now being provided for you through the Community Correction Order and also the Justice Plan.
73 Having regard to your time spent in custody to date and the difficult circumstances in which you were held in custody for some time, I consider that that represents adequate punishment for your crimes, but consider a Community Correction Order with conditions that provide for your ongoing supervision and treatment and rehabilitation in the community is the most appropriate way to deal with this very serious offending. It will enable your supported release into the community and provides for the protection of the community.
74 The formal court orders in respect to the matters on the indictment, Charges 1, 2, 3, 4, 5, 6, 7 and 9, and Summary Charges 15, 17, 32 and 34, an order will be made that you will be convicted of each of those charges. I impose an aggregate term of imprisonment for time served being 398 days, to follow a three year Community Correction Order with the special conditions that I have outlined and the core conditions.
· The special conditions will include:
· Intensive supervision particularly in the first six months;
· Assessment and treatment for drug and alcohol abuse (including testing);
· A residence condition that you reside with your father, Mr Geoffrey Dobbin, at 10-12 Klausen Street, North Fitzroy;
· A requirement that you undergo Behaviour Management Programs as directed;
· That you adhere to the Justice Plan, dated 22 April 2016, and that includes being supported to attend Narcotics Anonymous meetings in the community;
· That there be judicial monitoring post release, the first occasion being Wednesday 18 May 2016 at 10 am;
75 There is to be a notation on the order that any breach proceedings are to proceed before this court; and
76 Office of Community Correction will be asked to keep me informed of any irregularities in relation to you not adhering to any of the conditions of your order so that we can monitor you closely, because if you breach any of the conditions you face going straight back to gaol. That will be the consequences. I can impose a term of imprisonment up to three months in respect to a breach of a Community Correction Order. It is not going to be easy for you but you will have to attend to all those conditions. All those conditions acknowledge the fact that this is serious offending, it was part of a series during a very short timeframe from 23 March to 26 March 2015, and that is why I have imposed an aggregate term of imprisonment, because I considered it to be part of a series.
77 I hope by all the special conditions that have been set up that you appreciate the structure that has been put around you to give the best support for you in the community, so really now, Joseph, it is up to you, all right? You have just got to play your part. Everyone else is ready and in place to look after you, but you have got to play your role too. Do you understand that?
78 OFFENDER: Yes.
79 HER HONOUR: All right.
80 In respect to Charge 8, possess drug of dependence, you will be convicted and discharged.
81 With respect to Summary Charge 15, any licence held by you is cancelled and you are disqualified from holding a licence for six months from today's date, and I repeat, you must not drive, because if you do, you will be driving whilst disqualified, and again, the penalty for driving whilst disqualified is serious as well, so you do not want to jeopardise anything by any further offending.
82 I make a declaration of pre-sentence detention of 398 days, and I direct that that be entered into the records of the court.
83 I make the forfeiture order sought and the disposal order sought. I note the orders were not opposed.
84 Finally, I make a s.6AAA declaration. But for your plea of guilty, I would have imposed a term of imprisonment of 24 months together with the three year community correction order on the same terms.
85 I think that covers everything.
86 MS PICONE: Does Your Honour require attendance of counsel at the judicial monitoring hearings?
87 HER HONOUR: No, I don't.
88 MS PICONE: Thank you, Your Honour.
89 HER HONOUR: Unless there's a breach. No, I don't. It's just a matter of Mr Atkinson having to come before me just to confirm how he is going, all right? All we have got to do now is get Joseph to sign the Community Correction order and then arrangements can be made for Mr Atkinson's release then.
90 PRISON OFFICER: Yes, Your Honour.
91 HER HONOUR: Yes, all right. We are just making sure all my requirements are there. It is a pretty strict order, but you really do not leave us with much choice, Joseph, but I am satisfied you are at a better point now than you were on the previous occasion, so show me that you can do it, all right?
92 OFFENDER: Yep.
93 HER HONOUR: All right. I have signed that order. I will just get Ms Woodward to go down and sign it with the offender. I will hand back the certificates and the Narcotics Anonymous material for you, Ms Woodward - - -
94 MS WOODWARD: Thank you, Your Honour.
95 HER HONOUR: - - - because your client might need it.
96 MS WOODWARD: I'm grateful. Thank you for asking. May I be excused momentarily?
97 (Community Correction Order signed and acknowledged.)
98 HER HONOUR: Once your client is released today, he has got to go to Carlton Community Corrections.
99 MS WOODWARD: Carlton, yes.
100 HER HONOUR: They can sort out - it can be done administratively, I believe.
101 MS WOODWARD: I understand it can be, Your Honour. It's not usually terribly difficult.
102 HER HONOUR: All right. That concludes the matter. What I will ask my associate to do is just to make some copies so that everyone has a copy of the order, and we will also communicate with Carlton just to confirm - - -
103 MS WOODWARD: I'm grateful. Thank you.
104 HER HONOUR: - - - the order has been made and also about his attendance requirements in respect to Reservoir so that that they can be sorted.
105 MS WOODWARD: Thank you.
106 HER HONOUR: All right, thank you.
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