Director of Public Prosecutions v Austin (a pseudonym)
[2025] VCC 565
•5 May 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MARLIN AUSTIN (A PSEUDONYM) |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 April 2025, 5 May 2025 | |
DATE OF SENTENCE: | 5 May 2025 | |
CASE MAY BE CITED AS: | DPP v Austin (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 565 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing
Catchwords: aggravated burglary – theft – possession of a drug of dependence
Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic)
Cases Cited:
Sentence: Total effective sentence of two years and six months’ imprisonment - Sentence is subsumed within the custodial part of DATO.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms R. Fleming | Office of Public Prosecutions |
| For the Accused | Mr T. Clamart | Angus Cameron Lawyers |
HER HONOUR:
1Marlin Austin,[1] you have pleaded guilty to charges of aggravated burglary, theft and possession of a drug of dependence.
[1] A pseudonym.
2The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A on the plea This constitutes the factual basis upon which I sentence you.
Circumstances of the offending
3On 6 July 2024, Delia Barker[2] and Jamel Webster[3] were asleep in separate bedrooms, in their home located on Elenya Court in Frankston. They reside with their two young children who were also home and asleep at the time.
[2] A pseudonym.
[3] A pseudonym.
4In the early hours of the morning, you attended their address. You gained access to Ms Barker’s car and took a black, metal tyre iron from the boot. You then gained access to the house by the laundry door for the purpose of stealing from its occupants which is the basis of Charge 1, aggravated burglary.
5At around 5:45 am, Ms Barker was woken by the sound of her dog barking. She noticed that her bedroom door was open and her dog was out of the room, which was unusual.
6She walked out of her bedroom, and saw that her dog was barking at you in the hallway. Ms Barker asked you what you were doing there, and you responded “It’s the wrong house.”
7At around 6:00 am, Mr Webster was woken by the noise. He left his bedroom and saw Ms Barker talking to you in their kitchen. You were holding her handbag and earphones which constitutes part of Charge 2. You were holding the black, metal tyre iron in your hand.
8You said to Ms Barker, “I’m not here to hurt you”. Mr Webster approached you and grabbed the metal bar from you. You said, “please don’t call police, I was sent here by someone else because a rapist lives here”.
9Mr Webster responded, “why would you be stealing my wife’s handbag then?”
10Around this time, a second person entered the kitchen, and said to you “let’s go, let’s go”, before leaving the house through the laundry door and into the backyard.
11Ms Barker closed the laundry door to prevent your escape and called triple zero. You pleaded with her to take her headphones back and let you go.
12At around 6:07 am, members of Victoria Police attended the Elenya Court address in response to the triple zero call.
13Upon arrival, police were let into the property by Ms Barker. Inside the property, Mr Webster was standing with his two children and you were standing alone, covering your head with your cap.
14Police placed you under arrest, and conducted a search of your person, locating items including:
(a) a small, brown Angara-brand jewellery box containing Mr Webster wedding ring [charge 2 – theft];
(b) a small, gold-coloured purse containing jewellery belonging to Ms Barker [charge 2 –theft];
(c) a Tommy Hilfiger-brand glasses case, containing a glass pipe and a small snap lock bag of methylamphetamine [charge 3 – possession of a drug of dependence];
(d) a black wallet, containing two small zip lock bags of methylamphetamine [charge 3 – possession of a drug of dependence].
15The methylamphetamine was weighed by police. The total quantity was 7.91 grams (including bags).
16Police also searched Ms Barker’s car and noted the doors and boot were open, and the tyre iron was missing. In its place was a handwritten note, stating:
I am so sorry I stole from your car pls forgive me
It was a mistake
0401 646 681 [phone number belonging to you] pls call
17Police conveyed you to the police divisional van. As they did so, you kept stating that it was just a mistake, and that someone told you the house was where your sister was raped.
18At around 8:50 am, you were interviewed at Frankston Police Station. You did not make any admissions to the current offences.
Victim impact
19I also take into account the impact of your offending on your victims.
20Ms Barker commences in her victim impact statement:
“That since the night of the offence my life and the lives of my family have changed in ways I never imagined possible. What we experienced was not just a break in, it was an intrusion into our most private safe place and the consequences continue to affect every part of our lives.” She speaks of the pervasive impact your actions have had on her and her family. She is haunted by the fear in her daughter's eyes as they clung to her that night.
21She also refers to her ongoing anxiety, fear and struggles. She concludes:
“This crime has affected every part of my emotional wellbeing, my ability to function day to day, and the sense of security that every person deserves to have in their home. I don't know when or if we will truly feel safe again.”
22Mr Webster also articulates the profound impact of your offending - ‘since that night our lives have been turned upside down.’ He states ‘there are so many examples of the trauma my family now endures due to the selfish actions of this man.’
23He refers to how your offending has impacted all aspects of their lives – including things as basic as sleep and their financial and emotional wellbeing.
Gravity of offending
24The aggravated burglary charge is plainly serious, as indicated by the maximum penalty of 25 years. Your offending was clearly impactful and represented a significant intrusion into the lives and sense of security of your victims, who were entitled to feel safe and secure within their own home.
25Assessing the charge against the considerations outlined in the relevant cases, including DPP v Meyers[4], overall, I accept your Counsel submission that this could be described as a ‘moderate example of an objectively grave offence.’ At around 5.45am, while the occupants of the home were sleeping, you entered by gaining access through the laundry door. You entered with the intention of stealing. Although you carried the metal tyre iron into the home it is not alleged that you were equipped with a weapon for the purposes of the aggravated burglary. While there was clearly another person present and the victims saw this person, it is also not alleged that you entered the home with another. The victims were not known to you but obviously in the early hours of the morning this was a frightful experience and confrontation, heightened no doubt by the fact that there were very young children present. I accept the prosecution submission that entering the car, taking the tire iron and then entering the home suggests a level of planning to the aggravated burglary but I consider that any such planning was confined.
[4] DPP v Meyers [2014] VSCA 314
26I also take into account that you were on bail at the time of the offending which is aggravating. I note the bail matters were subsequently dealt with and on a consolidated plea hearing you were sentenced to 60 days imprisonment, time served.
27I take into account the general sentencing landscape for aggravated burglary and the sentencing statistics as provided by your Counsel for both the Magistrates and the higher courts. Further, I take into account the principles of proportionality, parsimony and totality. The theft is a rolled-up charge of the items, namely jewellery box, jewellery, earphones and handbag that you took in the course of this offending. I intend to reflect the totality principle through orders of cumulation and concurrency.
28In respect of charge 3, the amount possessed is above the trafficable quantity. In light of the evidence before the Court and your level of reported drug use at the relevant time, I accept your Counsel’s submission that the presumption is displaced. I am satisfied, on balance, that you were not in possession of these drugs for any purpose relating to trafficking and I will sentence on you on this basis.
29In the lead up to your offending you described to neuropsychologist Ms Bronwyn Hall a progressive deterioration in your mental health dating back to early 2024. You had recently separated from a partner. You were also experiencing some anguish arising from distressing information about your father that you became aware of through accessing Department of Human Services files. You were disconnected from your family and had increased your substance use. At the time of the offending you were heavily intoxicated on Xanax and methamphetamine and you were experiencing homelessness. While this provides context to your offending it does not excuse it or mitigate your culpability.
Plea of guilty
30You entered a plea of guilty at the earliest opportunity which entitles you to an important sentencing discount. Your plea of guilty has utilitarian value and indicates your willingness to facilitate the course of justice and take responsibility. I also accept that you are remorseful for your offending.
31You expressed remorse for your offending to both psychologist Ms Gina Cidoni and Ms Hall. You told Ms Hall that you felt ‘pretty bad’ about the offending; ‘there were kids there’; and that if you were sober you would never ‘have done something like that … [being] confrontational and disrespectful’ (at [49]).
Personal circumstances
32Your personal circumstances were canvassed by your Counsel and in the reports of both Ms Cidoni dated 21 January 2025 and Ms Hall of 18 February 2025.
33You are now 23 years of age and you were 22 at the time of the offending. Your parents separated when you were four years old due to family violence perpetrated by your father. You were very fearful of your father as a child and recall frequent yelling and screaming. Historical Department documents indicate that your father had significant issues, including mental health concerns, criminal convictions, sexual assault charges involving minors and a history of protective concerns. You recall frequent court appearances during your childhood, which you found upsetting.
34The Department ceased involvement with your family in 2008, at the time that your mother was granted full custody of you and your siblings. Reports however continued to be made to Child Protection by various parties with concerns about your father’s behaviours and risk up until 2016.
35Despite your early negative experiences with your father, your relationship with him began to improve when you were 18 years of age. He became sober and made efforts to reconnect with the family and you maintain some contact with him.
36Your mother lives in Tyabb with her partner and works as a disability support carer. You describe your relationship with her as supportive and you speak often. You also have a positive relationship with your stepfather. You have a younger brother and an older stepbrother and maintain contact with them. Neither of them has a history of substance use or legal issues.
37In terms of schooling, given the instability during your childhood you attended several primary schools. You also attended a number of different high schools and left school part way through year 11. You reported frequent truancy beginning in Year 7 and that you were often suspended for fighting with other students or for verbally abusing your teachers. You later enrolled in TAFE to complete Year 11 but dropped out, citing struggles with substance use as the primary reason for your inability to continue.
38You began an electrician apprenticeship, which lasted nearly 12 months, but relapsed into substance use and stopped attending work. From around 18 to 21 you worked with your stepfather as an electrician. You also undertook labouring and civil plumbing work.
39At the age of 20 you moved out to live with friends in Glen Iris for a year. You then had periods of couch surfing and occasionally returned home for short stays. You have also had two previous intimate relationships, as canvassed in the reports. You are currently single with no children.
40In terms of your drug and alcohol history, you started drinking alcohol and smoking cannabis at the age of 12. Your cannabis use became regular by age 13, escalating to daily use of five grams until you stopped at age 19. You began using ecstasy recreationally at 14 and stopped by 22. At this point, you reported heavy ketamine use but your consumption slowed over time. You began using prescription medications such as Xanax, Endone, and oxycontin at age 15, with Xanax becoming a significant issue. You reported escalating cocaine use in 2023 consuming up to six grams daily before transitioning to methamphetamine. You began using methamphetamine at 15/16 and have periods, up until your remand, of heavy use. Additionally, you used GHB sporadically on weekends and also reported heavy LSD use the year before your incarceration. You told Ms Cidoni that you experienced significant paranoia while using drugs, often believing you were being followed or monitored by police.
41At the age of 18 you completed a two week detoxification program but couldn’t recall the details. Your longest period of abstinence is your current time in custody.
42In prison you have recently participated in the Atlas Program and completed a 40 hour Youth Preparing for Life initiative. You also attempted an Ice and Me recovery group. In your evidence during your earlier bail application you indicated that these courses had helped you learn good skills and strategies for when you’re released into the community and have helped you understand how drug use has affected your life.
43Both Ms Cidoni and Ms Hall considered that you meet the diagnosis of substance use disorder, in early remission in a controlled environment (at [83]). Ms Cidoni opines that your introduction to drugs ‘can be traced to [your] early exposure to emotional and environmental instability, including neglect, domestic violence, and significant disruptions to [your] sense of safety during childhood. These experiences not only normalised chaos and maladaptive coping mechanisms but also left [you] vulnerable to the allure of substances as a means of numbing the psychological pain and managing [your] heightened emotional distress’ (at [88]). Ms Hall also opines that your history of substance use ‘is exceptionally problematic and appears to have been driven in large part by a desire to self-medicate for [your] persistent mental health symptoms related to [your] history of trauma.’ You told her, ‘any time anything bad happens, I go and use drugs’ (at [89].
44You also reported problematic gambling during your methamphetamine use. You experienced financial difficulties and being unable to pay rent due to gambling debts.
45You have a relevant criminal history which dates back to the Children’s Court in 2019. Your history includes driving, drug and dishonesty offending and you have a prior for aggravated burglary (person present) for which you were sentenced on 2 June 2020, along with other matters, to a community corrections order. This current period on remand represents the longest time that you have served in custody to date.You identify your long-term addiction as the primary driver of your criminal behaviour, often committed to fund your substance use.
Mental health and cognitive functioning
46In terms of your mental health, you self-reported a diagnosis of depression and anxiety at the age of 15, following a period of significant distress associated with your tumultuous upbringing. Also, you report a history of self-harming and of experiencing a drug-induced psychotic episode in 2023, which required hospitalisation and short-term treatment with olanzapine.
47On Ms Cidoni’s overall assessment you appeared to experience significant impairments in immediate memory (at [67]). You have a heightened sensitivity to rejection or criticism, avoidance of potentially painful social interactions, and a tendency to engage in behaviours or thought patterns that reinforce feelings of guilty or self-punishment (at [72]). Also, anxiety was evident and post-traumatic stress disorder ‘strongly indicated’ (at [73]). She identified drug use as a marked issue, pointing to problematic substance use patterns that exacerbate your emotional and behavioural challenges (at [73]).
48You are currently taking mirtazapine for low mood and were recently started on prazosin for nightmares (at [40]).
49Ms Cidoni ultimately recommended a psychiatric review, once sustained abstinence from substances had progressed and neuropsychological testing to provide a more detailed assessment (at [95]).
50Ms Cidoni considers that your drug use and likely PTSD stem from your earlier traumatic experiences which caused heightened reactivity and impaired emotional regulation. She also references your young age and your immaturity. When combined with your disrupted upbringing marked by trauma and instability, this has ‘hindered the formation of adaptive coping strategies and problem-solving skills.’
51Ms Cidoni considers that imprisonment is burdensome due to your ‘young age, impressionability, complex mental health needs, cognitive vulnerabilities, and significant history of trauma’ (at [97]). I note that during your bail hearing you gave evidence of having been placed in isolation for several weeks for your ‘own safety’.
52Neuropsychologist Ms Hall opines that there is no clear indication that you experience any degree of cognitive impairment that would make serving a custodial term more onerous. Positively your time on remand has provided you with an enforced period of abstinence from substances use (at [95]). She did however ‘harbour some concerns that, given [your] relatively young age and … naivete to the prison setting, a lengthy custodial sentence may pose a risk of further socialising [you] towards criminality’ and delay your engagement in psychological therapy for your complex mental health issues (at [95]).
53In your assessment with Ms Hall, you reported having sustained several head injuries over the course of your life. You also reported an event during 2023 when you were intoxicated and had ingested clonazepam, which led to you falling down some stairs and losing consciousness. You have also experienced several overdose events.
54Ms Hall undertook a comprehensive neuropsychological assessment and you were cooperative throughout this process, rendering valid and reliable results. In summary, your overall level of intellectual functioning fell in the high average range (FSIQ = 110, 75th percentile) (at [80]). Some impairments were observed in your learning and memory abilities when compared with your other cognitive abilities (at [81]). You also endorsed symptoms consistent with PTSD on a measure of trauma symptoms (at [83]). At paragraph [87] she outlines the criteria for PTSD and suggests that you have been suffering from them since early adolescence and that they have impacted your daily functioning in the community (at [88]).
55Ms Hall concludes that you do not have a longstanding intellectual disability (at [84]). Your profile indicates ‘circumscribed impairments’ to your memory abilities. While you retain some ability to remember information that you have learned, the results suggest considerable decline in memory abilities compared to your premorbid abilities. It is most likely that this decline is ‘most consistent with a mild Acquired Brain Injury, most likely sustained through exceptionally heavy polysubstance use, as well as overdose and seizure events related to substance use’ ( at [85]). Your acquired brain injury will have been progressively sustained over the course of your substance use, but particularly in the period between 2022 and 2024, which was marked by high misuse of a range of substances (at [86]).
56In sentencing you I take into account your youth as a relevant factor and the well-established principles that have application[5]. I also take into account your background of trauma and instability and I accept your Counsel’s submission that Bugmy[6] principles apply, in a general sense and are relevant to your moral culpability and an assessment of the relevant sentencing principles, including general deterrence.
[5]Azzopardi v The Queen [2011] VSCA 372; Frecker v The Queen [2021] VSCA 331
[6] Bugmy v The Queen [2013] HCA 37
57Also I take into account your vulnerabilities, in particular your symptoms of PTSD and your mild acquired brain injury. Although Ms Hall opines that your cognitive impairment would not render imprisonment more onerous, I accept that, coupled with your young age, your complex mental health issues means that imprisonment weighs, or will continue to weigh, more heavily on you then on a person ‘in normal health.’ On the evidence, I don’t accept that your mental health condition would significantly deteriorate if incarceration were to continue. I accept the prosecution submission that the evidence doesn’t reach the level of a serious risk being presented that will have a significant adverse effect on your mental health.
58Given the evidence as to the nature and severity of your conditions, in particular Ms Hall’s opinion that your cognitive impairment is specifically limited to the domain of memory, I also do not accept your Counsel’s submissions that you are not an appropriate vehicle for general deterrence or that it should be given limited weight.
Prospects of rehabilitation
59Ms Cidoni considered that you appeared to struggle with translating your insight into actionable change, reflecting the need for structured rehabilitation and support to address these changes effectively (at [60]). She also assessed your risk of reoffending as high (at [91]). She considers that your rehabilitation ‘must prioritise intensive substance abuse treatment as a foundation for addressing [your] risk factors’ (at [92]). She makes a number of targeted recommendations in her report (see [94]-[96]).
60Based on the assessments, you have the capacity to make substantial changes and engage in treatment. You have very good verbal intellectual and reasoning skills, with a capacity to understand information presented to you, follow directions, learn through reading and cognitive ability to communicate needs through verbal means (at [95]). Your prospects of rehabilitation are dependent on you actively engaging in treatment. Ms Hall states, ‘certainly he will be at increased risk of future offending, further cognitive impairment, and other poor psychosocial outcomes should his substance use remain problematic going forward.’ She also recommends treatment of mental health issues to help prevent relapse into substance use as a mechanism to self-medicate.’
61Ms Hall makes a range of recommendations around engaging in ‘meaningful and structured activity’ (at [96]). She also noted that during your assessment you ‘expressed a strong desire to maintain abstinence following [your] … release from custody and engage in psychotherapy’ (at [98]).
Matters relevant to the Drug and Alcohol Treatment Court Determination Hearing
62On your behalf your Counsel submits that the Court should impose a Drug and Alcohol Treatment Order (‘DATO’). The prosecution accept that it is open to the Court to impose the order.
63The purposes of a DATO are outlined in s.18X of the Sentencing Act 1991 and are to facilitate your rehabilitation, to take account of your drug or alcohol dependency, to reduce the level of criminality associated with drug or alcohol dependency, and to reduce your health risks associated with drug or alcohol dependency. In considering whether to make such an Order, I must regard your rehabilitation and the protection of the community from you, achieved through your rehabilitation, as having greater importance than other sentencing purposes such as denunciation and general deterrence. General deterrence, specific deterrence, denunciation and community protection remain important considerations, particularly in offending of this nature.
64The criteria for the making of a DATO are set out in s18Z of the Sentencing Act 1991.
65I am satisfied on the balance of probabilities that you are dependent on drugs. I take into account the history of your substances use, as canvassed in the reports, and also that you scored 42 out of 44 on the Drug Use Disorders Identification Test, indicating that you were likely to have been heavily dependent on drugs over the 12 months prior to your arrest (see clinical advisor assessment report, 17 April 2025).
66I am also satisfied that your dependency contributed to the commission of the offending now before me. I take into account your personal circumstances and the history of your substance use, the diagnosis of substance use disorder made by both Ms Cidoni and Ms Hall, and your account of heavy drug use in the lead up to, and at the time of, the offending.
67In order to impose a DATO I must also be satisfied that it would otherwise be appropriate to impose a sentence of imprisonment of no more than four years. Weighing up all relevant considerations, including the gravity of your offending, you prior history, the general sentencing landscape for such offending and the maximum penalties, I do consider that it is appropriate to impose a term of no more than four years. I make plain that I consider the only just and appropriate sentence in your case to be a term of imprisonment.
68Pursuant to s18Z(3) of Sentencing Act 1991, I must not make a DATO unless satisfied in all the circumstances that it is appropriate to do so. This involves a consideration of your suitability for an intensive Order such as a DATO. I have also read and considered the reports from the Drug and Alcohol Treatment Court assessors (clinical advisor assessment report of 17 April 2025; case management assessment report of 15 April 2025).
69The clinical advisor canvasses your extensive history of drug use and also your problem gambling. As for your motivation to participate in a DATO you advised him that you wanted to stop using illicit substances, disengage from negative peers and make real changes in your life. The clinical advisor also considered that you would have satisfied diagnostic criteria for a diagnosis of Stimulant Use Disorder at the time of the initial offending, which was severe in nature and is currently in sustained remission in a controlled environment. He also suggested that a further psychiatric opinion would be of benefit though I note that at the time of writing the report he did not have the benefit of Ms Hall’s more recent assessment. The assessor considers that you will benefit from engagement in the supports provided by a DATO and that the treatment and supervision component of a DATO would be an appropriate intervention to address your substance use disorder, with recommendations.
70The case management report also recommends your suitability for a DATO. The writer notes that you are motivated to undertake the order and that you have strong family support and have already engaged in some behaviour change programs in custody. You spoke of positive future plans. I note that if placed on an order you will first require Emergency Accommodation and will be referred to The Salvation Army.
71I have also had regard to the individual treatment plan, which has been devised by the Drug and Alcohol Treatment Court clinical team in conjunction with those named in the individual treatment plan as your care team.
72Having considered the criteria for the making of a DATO set out in s18Z of the Sentencing Act 1991, and all of the relevant reports and submissions, I am satisfied that it is appropriate in all the circumstances to make a DATO in your case.
73In your evidence during your bail application you told the Court that prison is not where you wanted to be and that it has taught you a lesson. You are committed to not using drugs and to making sustained and significant change. This order will give you an opportunity to demonstrate this commitment and will provide you with the intensive supports and structures needed.
Sentence
74Synthesising all relevant matters, you are convicted and placed upon a Drug and Alcohol Treatment Order (DATO). This order commences today.
75A DATO has two parts: the treatment and supervision part and the custodial part. The treatment and supervision part itself has two parts which are as follows:
76The core conditions, which are that you (s.18ZF):
(a) must not commit, whether in or outside Victoria, another offence punishable on conviction by imprisonment; and
(b) must attend the Drug Court when required by the Drug Court to do so; and
(c) must report to a Melbourne Drug Court House or other specified place within 2 clear working days after the order is made; and
(d) must undergo treatment for drug or alcohol dependency as specified in the order or by the Drug Court.
(e) report to an accept visits from a member(s) of the Drug Court.
(f) must give notice of any change of address within 2 clear working days before the change to a specified Drug Court officer,
(g) must not leave Victoria without the permission of the Drug Court.
(h) must obey all lawful instructions from the Drug Court Team.
77The core conditions will operate for 30 months (2 years and 6 months) or until further order.
78The program conditions, which are that you must:
(a) comply with the individualised treatment plan dated 30 April 2025 and signed by you on 5 May 2025.
(b) submit to drug or alcohol testing specified in the order as directed; and
(c) submit to detoxification or other treatment specified in the order (whether or not residential in nature) as directed; and
(d) attend vocational, educational, employment or other programs as directed; and
(e) submit to medical, psychiatric or psychological treatment as directed; and
(f) reside at accommodation as directed by the DATC team or until further order
(g) comply with a curfew that you remain at the nominated address 9pm and 6am. This curfew is required until further order.
(h) do or not do anything else that the Drug Court considers necessary or appropriate concerning:
(i) your drug and alcohol dependency; and
(ii) the personal factors that the Drug Court considers contributed to your criminal behaviour.
(i) not use a drug of dependence without lawful authorisation
(j) abstain from alcohol
(k) not attend Gaming Venues, including but not limited to Crown, TAB venues, RSLs or any other venue with slot machines
(l) not gamble online or via any Smart Device
(m) not access any online gaming platforms
(n) not to drive or operate a motor vehicle
79These program conditions will operate for two years or until further Order.
80The custodial part of the DATO is the term of imprisonment that I would have imposed had I note placed on an order, and it is a term of imprisonment of 2 years and 6 months (30 months). This is not to be served unless the Court orders this to occur.
81This term is comprised of the following individual sentences -
82On Charge 1, which is the aggravated burglary charge, I am convicting you and sentencing you to two years and five months' imprisonment.
83On Charge 2, which is the theft charge, I am convicting you and sentencing you to six months' imprisonment.
84On Charge 3, which is the possession of a drug of dependence charge, I am convicting you and fining you $200.
85Charge 1 is the base sentence and I cumulate 1 month of charge 2. The total effective sentence is 2 years and 6 months imprisonment.
86Pursuant to S.18, I declare that you have served 243 days.
87Pursuant to S.6AAA but for your plea of guilty I would have sentenced you 3 years and 8 months with a non-parole period of 2 years and 5 months.
88Ancillary orders – I make the forfeiture and disposal order, consented to.
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