Director of Public Prosecutions v Bartley

[2019] VCC 1336

IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL JURISDICTION Revised
Not Restricted
Suitable for Publication

CR 18-00343
CR-18-00924

DIRECTOR OF PUBLIC PROSECUTIONS

v

TAISI BARTLEY

---

JUDGE:	HER HONOUR JUDGE MARICH
WHERE HELD:	Melbourne
DATE OF HEARING:	22 March 2019
DATE OF SENTENCE:	12 April 2019
CASE MAY BE CITED AS:	DPP v Bartley
MEDIUM NEUTRAL CITATION:	[2019] VCC 1336

REASONS FOR SENTENCE
---

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

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Lenthall for plea Ms R. Barrett for sentence	Office of Public Prosecutions
For the Accused	Mr R. Nathwani  for plea Mr P. Tomlinson for sentence	Haines & Polites

HER HONOUR: 

1Taisi Bartley, you have pleaded guilty to an indictment containing two charges of armed robbery, each of which carries a maximum penalty of 25 years' imprisonment, one charge of attempted armed robbery, which carries a maximum penalty of 20 years' imprisonment, two charges of robbery, each of which carries a maximum penalty of 15 years' imprisonment, and one charge of causing injury intentionally, which carries a maximum penalty of ten years' imprisonment.

2One related summary matter was uplifted into the hearing in mitigation of penalty, and you pleaded guilty to that charge, which was one count of fail to answer bail which carries a maximum penalty of two years' imprisonment.

3The circumstances in which you came to commit these offences are set out in the Summary of Prosecution Opening, dated 10 July 2018, which was partly read into evidence at your hearing and tendered as Exhibit A. I have, since the date of plea, received an email dated 28 March 2019 from the solicitor for the prosecution containing further particulars of the sentence imposed on your co-accused, Mr Kelly,[1] in relation to some of the charges, and attaching a sentence/remand report dated 22 March 2019, and an extract from the order made by Her Honour Ms Gibson, magistrate, in Mr Kelly’s case on 19 January 2018. I will exhibit this bundle as Exhibit F.

[1] A pseudonym.

4In addition to making oral submissions, your counsel relied on written Sentencing Submissions dated 21 March 2019, Exhibit 1, and a Youth Justice Central Courts Units report, dated 3 October 2019, Exhibit 2. I have, since the date of plea, received an email from your counsel containing a bundle of certificates of completion of course whilst you have been in custody and I will exhibit that bundle as Exhibit 3.

5I have had regard to each of those exhibited documents in formulating my reasons for sentence, as well as the matters developed in oral argument.

Circumstances of the offending

Charge 1 – armed robbery

6On 22 June 2017 at 9.17 pm, you, then aged 20, and your co-accused, Mr Kelly, then aged 16, ran into Angelo's Pizza in Collingwood. You both yelled, "Give me everything you've got" at the victim, Mr Bikaramjit Singh. Mr Singh was an employee of Angelo's Pizza and was alone in the store at the time. 

7You were holding a knife with a 30-centimetre blade and said to Mr Singh, "Give me everything, or I will kill you" while pointing the knife at him. Mr Singh was afraid he would be killed.

8You and Mr Kelly then asked Mr Singh where the till was. Mr Singh pointed to the till and you both pushed him towards it, yelling at him to kneel while you both opened it.

9Together, you and Mr Kelly removed $400 from the till. 
As you were both leaving, you both told Mr Singh to give you everything he had on him.  Mr Singh gave Mr Kelly his wallet, which contained his student ID, insurance card, and $380 cash. You and Mr Kelly then ran out of the store.

10Mr Singh called the police, who attended the store and viewed CCTV footage of you and Mr Kelly entering and exiting the store, then running east at 9.18 pm.  Other CCTV also showed you and Mr Kelly departing your residence in Collingwood at 8.57 pm, and returning at 9.22 pm.

Charge 2 – attempted armed robbery

11On 24 June 2017, Mr Yao Jin and Ms Lifeng Shen, who are husband and wife, were working behind the counter of Hru Milk Bar in Collingwood.

12You and your unknown male co-offender entered the milk bar at 7.26 pm. You and your co-offender were wearing all black clothing, gloves, beanies pulled low, and bandannas covering your faces. Only your eyes could be seen.

13You held a knife over your head and made stabbing motions towards Mr Jin, whilst yelling "Money, money, money." Your unknown co-offender then attempted to jump over the counter.  Mr Jin yelled a warning to Ms Shen before running into the back storeroom and pressing the alarm. The alarm made a loud noise, and when Mr Jin returned to the counter, you and your co-offender had run away.

14Mr Jin feared his wife would be injured during the incident. 
Ms Shen was very scared and believed you and your co-offender appeared to be very violent.

15A green knife sheath was left at the scene by you and your co-offender.  Police investigators attended the scene and viewed the instore CCTV, which depicted you and your co-offender running into the store at 7.26 pm and then running out of the store approximately 12 seconds later. Other CCTV showed you returning to your residence at 7.31 pm.

Charges 3-5

16On 25 June 2017, at approximately 9.30 pm, Mr Ozan Simsek and Mr Emre Erdem met near the corner of Johnston Street and Little Francis Street in Collingwood. Mr Simsek was aged 19, and Mr Erdem was only 17 at the time of the offending.

17Mr Simsek and Mr Erdem were walking towards Mr Erdem's residence, texting on their iPhones, when they walked past you and your co-accused, Mr Kelly. You and Mr Kelly asked Mr Simsek for a cigarette. You then punched
Mr Simsek to the head, and then to the right side of his nose, just above his lip.  This is the offending referable to Charge 4 on the indictment, intentionally causing injury.

18Mr Simsek thought he had blacked out. When he opened his eyes, Mr Simsek was on his knees and you were standing on his right. Mr Erdem saw Mr Simsek fall to the ground and believed Mr Simsek was unconscious. Mr Erdem ran towards Mr Simsek and yelled out, "Hey."

19You or Mr Kelly said to Mr Erdem, "Stay there. Don’t come any closer. Get on your knees, empty your pockets."  Mr Erdem then got to his knees.

20While Mr Simsek was on his knees, you were standing over him holding his iPhone. You told Mr Simsek not to look up, and then handed Mr Simsek his iPhone telling him to delete everything on it. Mr Simsek performed a standard reset, not a full factory reset, meaning that the phone remained connected to his iPhone account. Mr Simsek handed the phone back to you, and then put his wallet, a 20 pack of JPS Blue cigarettes, an iPhone charger, and Samsung earphones, on the ground.  You took $50 from the wallet and threw it back on the ground. This is the offending referable to Charge 3 on the indictment, robbery. 

21While this was occurring, Mr Kelly was standing over Mr Erdem and told him to empty his pockets. Mr Erdem handed Mr Kelly his phone and wallet. 
You were encouraging Mr Kelly, who then instructed Mr Erdem to unlock the iPhone and delete his iCloud account. Mr Erdem could not do this as he could not remember his password. This is the offending referable to Charge 5 on the indictment, robbery.

22Mr Erdem heard you say, "If you call the cops, I will kill you both", before you and Mr Kelly walked away. Mr Erdem and Mr Simsek walked to Boogie Man Bar on Hoddle Street, where they called Mr Simsek's mother. She arrived soon after and drove Mr Simsek to Royal Melbourne Hospital. 

23Mr Simsek suffered a nasal bone fracture, a minimally displaced frontal bone fracture, and a minimally displaced naso-orbital-ethmoidal fracture. 
The fractures were complicated by a cerebrospinal fluid leak which required a lumbar drain.  The injuries were managed conservatively.  This is the injury referable to Charge 4.

24On 14 July 2017, Mr Simsek had surgery to remedy the nasal bone fracture and was discharged on 15 July 2017.  Mr Simsek was found to be recovering well when he attended for a review five days after his discharge.

Charge 6 – armed robbery

25On 6 August 2017, you and Mr Kelly entered FoodWorks supermarket in Collingwood. You were both carrying knives. 

26Mr He looked up from the counter where he was working. You and Mr Kelly both said to Mr He, "Open the till or I'll stab you." Mr Kelly then ran around the counter and stood next to Mr He.  You then extended your arm and pointed your knife at Mr He over the counter.

27Mr He opened the till and said, "Just take it.  That's all we have." Mr He began to hand money to you, but Mr Kelly became impatient and began removing money from the till himself. Mr Kelly said to Mr He, "If you try anything fishy like call the police, I'm going to stab you." You and Mr Kelly removed all the cash from the till Mr He was standing next to, and from another till. In total, you and Mr Kelly stole approximately $1,000 cash.

28Investigators attended the scene and saw you and Mr Kelly depicted on the FoodWorks CCTV, entering the store at 7.56 pm and leaving at 7.57 pm. You, along with Mr Kelly and two unknown females, are depicted on CCTV returning to your residence in Collingwood at 8.05 pm. 

29On 15 June 2017, you had a plea listed at this court, the Melbourne County Court, for a charge of affray and a number of unlawful assaults. You were on bail for these offences and failed to appear. This is the offending referable to the related summary charge. That offence preceded commission of all of the other offences on your indictment.

Investigation, arrest and interview  

30While Mr Simsek was in the hospital following the 25 June incident, he noticed a number of photos on his iPad which had not been taken by him. One of the photos was of a male and female, and Mr Simsek recognised you as being that male. After Mr Simsek noticed new contacts appearing in the Contacts application of his iPad, he formed the view that a new SIM card had been placed into his stolen iPhone and that this explained why the new contacts were appearing.

31Mr Simsek's brother searched the phone numbers on Facebook and found profile pictures of the same people that were in the photos on the iPad of you and Mr Kelly.

32Investigators made enquiries into Mr Simsek's IMEI number, a unique identifier of an iPhone, which revealed that a particular phone number was being used in Mr Simsek's phone. This phone number was attached to your Facebook account.

33Investigators obtained CCTV footage from cameras situated near your home address which show you and Mr Kelly entering and leaving that address in the lead-up and aftermath to some of the offences. On 11 August 2017, five days after the last incident, police executed a search warrant at an Albion address and discovered the shoes worn by Mr Kelly during the armed robberies of Angelo's Pizza and FoodWorks. You and Mr Kelly attended Melbourne West police station on 17 August 2017 at approximately 1.30 pm.

34You made full admissions to the armed robberies of Angelo's Pizza and FoodWorks, and the attempted armed robbery at the Hru Milk Bar. You identified yourself and Mr Kelly in CCTV stills from each of the crime scenes. You admitted punching Mr Simsek a number of times and taking his mobile phone. You stated that you and Mr Kelly first developed the idea of committing armed robberies when you heard about a friend who had successfully robbed a 7-Eleven store.

35In relation to the armed robbery at Angelo's Pizza, you stated that you and Mr Kelly decided to cover your faces and commit the armed robbery, though
I note that you did not actually cover your faces in relation to this offence. 
You stated that you selected the store because it was "the easiest one to do", as only one worker was present in the store. You stated you were holding a normal kitchen knife with a red handle in your right hand during the armed robbery.

36In relation to the attempted armed robbery at Hru Milk Bar, you stated that you and a friend known as "Junior" committed the offence.

37In relation to the armed robbery at FoodWorks, you stated that you and
Mr Kelly put masks on and entered the store, though I note again that you were not wearing masks at the time. You entered first, and Mr Kelly followed you. You stated that the worker was too scared to upload the till, so you began doing so. You further stated that you could not recall what happened after the incident, as you had been drinking.

Effect on the victims

38As I have mentioned above, I received three victim impact statements into evidence in this case:  one from Ozan Simsek, one from his stepmother, Leyla Altinkaya, and one from Lefeng Shen, Exhibits D to F. I will now read a number of paragraphs from each of those statements.

39Mr Simsek, in describing the emotional impact of the crime, stated as follows:

"This had a big impact on my life because I was very emotional when this happened, and not only for me, but for my family to see the state that I was in was horrible. I have lost a lot of self-esteem. I had to stop school because from not being able to concentrate. I am scared sometimes while I walk by myself after 7 o'clock pm.  I have lost trust issues with randoms I have met. It is harder for me to trust new people that I meet. I have also had nightmares after this incident. I do not go out as often as I did before the incident due to being scared to walk by myself."

40In describing the physical impact of the crime, he noted as follows:

"I am very upset now, because my nose is not straight anymore and how it used to be.  I have had several surgeries for the doctors to try and fix my nose.  My nose now bleeds more than it used to as well.  Another impact would be that my skull is very fragile at the moment, and if anything or anyone hits my head hard, there could be severe consequences."

41He also noted that he had to pay for the cost of the phone that you stole from him in the robbery, and as a result of the incident, he had to stop working and studying which meant that he did not have as much money and the price of his course went up.  He stated:

"I do not feel 100 per cent safe no matter where I am by myself."

42Ms Altinkaya described the emotional impact of the crime upon her when she saw her stepson in hospital.  She read her statement to the court and told me she crumbled and cried.  She stated:

"He is so very young and just beginning his life.  For him to see so much pain so early in his life was going to impact him very deeply."

43She noted that her chronic illness, which was triggered by stress or extreme emotions, had become exacerbated after the attack on her stepson.  She told me:

"I became terrified of any of my boys going out at all, let alone going out by themselves."

44Ms Shen stated as follows:

"After this robbery has had a profound impact on our entire family.  We feel that the whole family can't wake up in such a nightmare countless nights.  I always wake up from such a horrible nightmare. Two masked men with sharp knives in their hands tried to stab my husband and me.  Our son is afraid to go out alone and go to school by himself.  Because of this deep fear, we couldn't continue to work in that place.  We decided to leave the shop not one more, so after this case, we started selling our store. 
We don't want to lose our lives of our entire family by making all this hard money.  Finally, last year we moved out and lived in a safer, quieter area.  However, this nightmare can't be waved away.  Our hearts are always in a state of high tension and restlessness.  We dare not go out at night and always close the doors and windows tightly at home because we are always afraid that this kind of thing will happen to us again one day.  Sometimes, even when we drive near Collingwood, we always feel a kind of inexplicable fear and trepidation in our hearts."

45Mr Bartley, each of these victims tell me about their pain and trauma as a result of your offending. Their pain and trauma continues, even though these offences were committed over a short period of time. Though I have not heard from the other victims of your offending, including Mr Singh, Mr Jin, Mr Erdem, or
Mr He, I would expect them all to describe similar pain and trauma.  These are the effects of your actions.

Plea of guilty and co-operation 

46I accept that you surrendered yourself into custody on this matter, and two other matters to which I will return. You proposed a resolution of this matter prior to the committal proceeding which took place on 15 February 2018 and was limited to whether the injury to Mr Simsek was a serious injury. Following the hearing, all charges, except 3 to 5, resolved and the matter was listed in this court for trial - again, with the only issue being whether serious injury resulted.  Following the final directions hearing, further medical material became available and the matter resolved in the terms that you proposed before the committal proceeding. I therefore accept and take into account in mitigation of sentence that you indicated your intention to plead guilty to the proceeding offences at the earliest opportunity, and that is over and above the admissions that you made to police.

Parity

47I have been told that your co-accused in the charges, excluding Charge 2, Mr Kelly, who was 16 at the time of offending, pleaded guilty in the Children's Court to four counts of armed robbery and was, without conviction, placed on probation for a period of 12 months. It is well-established that the parity principle is qualified where co-offenders are sentenced under different sentencing regimes such as occurs where one is sentenced in the Children's Court and another in an adult court. You played a dominant role in the offending the subject of Count 1 by holding the knife. You were the one who inflicted the violence upon Mr Simsek in respect of Counts 3 and 4. You are also considerably older than your co-accused, and I know nothing of his prior history. Each of these matters in your case provides a basis for further qualification of the parity principle, as between the sentences to be imposed upon you and the sentence imposed upon Mr Kelly.

48Additionally to your admissions and plea of guilty, I note that you gave sworn evidence during your plea in mitigation of penalty of your remorse and your deepening insight into the utter wrongness of your conduct, and I accept that you are remorseful for your actions and accept responsibility for their consequences, which I have mentioned continued to the present day.

Personal circumstances 

49You are now aged 22 and were 20 years of age at the time of offending, as I have already indicated. You were and still are, for the purposes of the law, a youthful offender for whom rehabilitation is a dominant sentencing consideration.

50You were born in Samoa and your family moved to New Zealand. In 2008, when you were aged 11, I was told, that your parents came to live in Australia with your younger sister and you were left behind in the care of your very strict aunt and uncle.  Understandably, you felt abandoned by your parents. You were a talented player of rugby union.

51You came to Australia in 2016, effectively running away from your uncle and aunt.  Upon your arrival in Australia, you were distressed to learn that your mother had taken in several young male boarders, and that, understandably, triggered your feelings of abandonment. Though you initially stayed with your parents, you moved away from their home feeling ostracised and spent the early part of 2017, prior to this offending, couch surfing. Because of the separation from your parents, you did not have a strong relationship with them but you have since reconnected with them and have their support. You hope to live with them when you are eventually released from custody, though I note from your remand history that you are an unlawful non-citizen and may well be deported as a result of your actions, which is another matter which hangs over your head during your period in custody.

52You are a qualified barber but have not worked in your trade since October 2016 as you were not making enough money.

53You have no psychological or psychiatric issues, and no issues with misuse of drugs or alcohol.

54At the time of offending, you had no previous criminal history.  However, since the date of offending, you have been sentenced to two substantial periods of detention, or custody, for offences occurring within a similar timeframe to these offences. I must consider those sentences in the circumstances of offending so that I can properly apply the totality principle of sentencing.

55On 5 October 2017, you were sentenced, upon your plea of guilty in this court, to one charge of affray and four charges of unlawful assault occurring prior to the commission of these offences. Indeed, your failure to appear in the County Court for the hearing of those charges in accordance with your bail undertaking is the related summary offence upon which I must sentence you. Her Honour Judge Cannon sentenced you to an aggregate term of 18 months' detention in a Youth Justice Centre with 46 days pre-sentence detention reckoned as served, dating back to 21 August 2017, when you were first remanded into custody. It appears from your sentence/remand report that your pre-sentence detention was spent in adult custody before you were transferred to a Youth Training Centre on 5 October 2017.

56On 16 August 2018, you pleaded guilty in the Supreme Court of Victoria to aggravated carjacking before His Honour Justice Coghlan. The reasons for decision are publicly available. On 2 July 2017, you, in company with others, stole a Nissan Patrol vehicle from a gentleman and in the course of doing so, and in order to do so, used force upon him, and in the course of so doing, caused him injury.  Though it was not within the scope of the understanding or agreement that you had with the others, one of your number attacked that gentleman with a knife and he was fatally wounded.  You were not responsible for his death. His Honour noted the matter which resolved before Judge Cannon was pending at the time you committed the aggravated carjacking, and that same observation applies to each of the offences that I must sentence you for.  Though you initially denied any involvement in that offending, when interviewed by police, you later made a statement to police, you gave an undertaking to Justice Coghlan that you would give evidence if you were so required by the prosecution.

57His Honour observed Her Honour Judge Cannon's sentence and noted that on 16 August 2018, you had been in custody for just one year, and had about six months to serve, and had lost any opportunity to be released on Youth Parole because of your remand on the Supreme Court matter. His Honour sentenced you to a total effective sentence of five years' imprisonment with a minimum of three years before parole eligibility. His Honour stated that he had imposed a less severe sentence than that which he would otherwise have imposed because of the undertaking to assist the prosecution. It appears from your sentence/remand report that you were transferred from Youth Training Centre back into adult prison on 23 August 2018, and that was the commencement date of the five years with a minimum of three.

Totality

58Though there is no pre-sentence detention in this matter, I note and take into account a number of matters arising from the service of your current sentence as well as the previous period of detention in a Youth Training Centre.

59First, you have been in custody since August 2017. This is your first time in custody, and I am told it has been a salutary process for you, and you have undoubtedly matured in that time. The punitive effect of the sentences that you have been ordered to serve since your commission of these offences have already commenced. 

60Secondly, your time in custody has been productive, and I commend you for this. You have completed the following courses:  (1), several units of a Certificate II in Kitchen Operations; (2), VCAL courses in oral communications with courses in reading and writing, numeracy, and industry-specific skills well underway; (3), a three-session communication skills program.

61Thirdly, it is plain from your sentence/remand report that you have spent the significant majority, if not the entire period of your time since your sentence was imposed in the Supreme Court as a protected prisoner as a result, perhaps, of your undertaking to assist in the aggravated carjacking prosecution. This means that service of your time in the sentence is likely to be spent in more onerous circumstances than a person in the general prison population.

62And finally, I must give effect to the totality principle of sentencing. And whilst
I intend to impose individually appropriate sentences, I will reduce the orders for cumulation to ensure that the new total effective sentence gives effect to the totality principle taking into account the overall criminality of the offences the subject of all three court appearances. I will then set a new single non-parole period to replace the minimum term imposed by Justice Coghlan, as I am required to do by s.14 of the Sentencing Act.

Objective gravity of the offending 

63I will start with Counts 1 and 16 of armed robbery, and Count 2 of attempted armed robbery. In my view, these are serious examples of the offences and I accept, as your counsel did, that they can properly be classified as being at the lower end of mid-range examples of offending. The commission of the offences in company, the use of disguises in relation to Count 2, and the fact that the offences were committed upon soft targets - that is, a person at their place of work and a business which received cash payments, often working alone, in the case of two counts - all support this conclusion.

64I also note the use of a particular weapon - that is, a knife, a long and sharp one - in my conclusion as to the seriousness of each offence, though I have taken care to avoid double punishment for this factor given that it amounts to an element of each offence itself.

65I also consider Charges 3 and 4 of robbery and intentionally causing injury upon Mr Simsek to be serious examples of those offences.  Again, you offended in company.  Both Mr Simsek and Mr Erdem were soft targets.  They were young men, distracted and texting on their iPhones, at the time of your attack.

66Though you were and still are a young man, this behaviour was a prolific and concerning spree of offending - brutal, cruel and indifferent to the fear and suffering of others.

Relevant sentencing principles 

67I take into account the purposes for which sentence must be imposed, including the need for deterrence, both general and specific. I accept that the gravity and prevalence of the offences, including armed robbery and by extension, attempted armed robbery, particularly on a soft target such as a bottle shop, and robbery, require conclusions that general deterrence is one of the primary sentencing purposes. And I also consider that some specific deterrence is needed in your case, given your spree of offences.

68The sentences I will impose will punish you and denounce your behaviour, and allow for community protection whilst allowing for your continued efforts at rehabilitation, which I have mentioned looms considerably large in the case of you being still of a young age. I am satisfied by reason of your youth, your cooperation with police, your apology and remorse and contrition, your attempts at self-improvement whilst in custody, that your prospects for rehabilitation are good.

Sentencing submissions 

69Your counsel accepted that a custodial sentence was inevitable, but submitted that I need not, to a significant extent, extend your current release date.

Sentence

70On Counts 1, 2 and 6, two of armed robbery and one of attempted armed robbery, you are convicted and sentenced to an aggregate of three years and four months' imprisonment.

71On Count 3 to 5, two of robbery and one of intentionally causing injury, you are convicted and sentenced to an aggregate of 18 months' imprisonment, four months of which is to be served cumulatively upon the sentence I have imposed on Counts 1, 2 and 6.

72In relation to the related summary charge of refusing to attend on bail,
I sentence you to seven days' imprisonment to be served concurrently.

73That is a total effective sentence of three years and eight months, and I order that one year and eight months of that term be served cumulatively upon the head sentence currently being served. In other words, it is my intention that Justice Coghlan's sentence of five years as a head sentence now be six years and eight months. 

74I must set a new single non-parole period under s 14, fixed by reference to the total sentence to be served by you, considering the global period constituted by the original sentence and the new sentence I have imposed. And I also note that you had served a significant part of Judge Cannon's sentence in detention before that minimum sentence was handed down.

75Your new overall non-parole period is three years and nine months with the commencement date being the date of commencement of His Honour's sentence; that is, 23 August 2018.

76Pursuant to s 6AAA of the Sentencing Act of Victoria, I declare that had you pleaded not guilty to these charges and been found guilty of them, I would have sentenced you to four years and eight months' imprisonment and a longer non-parole period.

77Thank you.  Now, ancillary orders?

78MS BARTLETT:  Yes, Your Honour. 

79HER HONOUR:  Thank you.  I make the compensation order sought.  There is a number of them.  Firstly, that you pay to Bikram Singh the sum of $380, that you pay to Mr Simsek the sum of $1,030, that you pay to Jun He compensation in the sum of $1,000, that there be a disposal order in the three matters listed in the schedule - the knife sheaf, the Puma runners, and the Adidas runners.

80Thank you.  Are there any other orders sought?

81MS BARTLETT:  No, Your Honour. 

82HER HONOUR:  Thank you.  Any other applications or any other matters?

83MR TOMLINSON:  Nothing else, Your Honour.

84HER HONOUR:  Thank you.  I will stand down.

‑ ‑ ‑