Director of Public Prosecutions v Bebbington
[2013] VCC 1164
•21 June 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-13-00753
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DAVID IAN BEBBINGTON |
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JUDGE: | HER HONOUR JUDGE NICHOLSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 June 2013 | |
DATE OF SENTENCE: | 21 June 2013 | |
CASE MAY BE CITED AS: | DPP v. Bebbington | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1164 | |
REASONS FOR SENTENCE
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Catchwords: Criminal Law; Sentence; Armed Robbery; Plead Guilty; Remorse; Prior Convictions; Impact on Victim; Prior Convictions; Intoxication; Time Spent in Custody; Mitigating Factors; Section 44 Sentencing Act.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr N Goodfellow | Office for Director of Public Prosecutions |
| For the Accused | Mr J Williams |
HER HONOUR:
Reasons for Sentence
1 You, David Ian Bebbington, have pleaded guilty before me to one charge of Armed Robbery which is Charge 1 on the Indictment.
2 You have no doubt heard, Mr Bebbington, that Parliament has fixed a maximum penalty of 25 years' imprisonment for the serious crime of Armed Robbery and that maximum penalty reflects the gravity and serious nature of the offending. I have taken into account that maximum penalty in determining sentence in all the circumstances of this case and where I had to determine those circumstances, if challenged, I have applied the relevant principles enunciated in the Court of Appeal in R v. Storey [1998] 1 VR, 359.
3 I now turn to the circumstances of your offending. The learned prosecutor, Mr Goodfellow, opened this matter in some detail and also tendered a helpful written Prosecution Opening that formed Exhibit "A", on your plea hearing.
4 The facts and circumstances of this offending do have some background. You were born on 15 October 1971 and you were 41 years of age at the time of the offending and you are currently the same age.
5 At the time of the offending you resided in Airport West, Mr Bebbington, with your daughter, Ms Carly Bebbington, who I have heard a considerable amount about from your counsel, Mr Williams.
6 As far as the circumstances are concerned on the 9 March 2013, at approximately 11.30 pm, you called your daughter, who believed when she spoke to you that you sounded very drunk. You told your daughter that you needed to borrow her car so that you could visit your former partner, Ms Vicky Ranno. Your daughter told you that she was not going to give you the keys and sensibly so.
7 At approximately 11.50 pm. you arrived home and continued to ask your daughter for her car keys. She continued to maintain her refusal to give you those keys and you became aggressive. You then left the house at approximately 12.00 a.m., having called a taxi to take you to Ms Ranno's house. The taxi arrived shortly after 12.00 a.m. and you got in the front passenger seat.
8 Mr Tom Chan was the driver of the taxi and observed you were holding a Vodka bottle wrapped in paper as you got in the car. Mr Chan started the meter and commenced driving to Tullamarine.
9 There was a brief conversation between the two of you and you told Mr Chan to stop the car. Mr Chan pulled over and you then lifted the Vodka bottle in a threatening way with your right hand and said, "Get out of the car", and also said words to the effect that "I don't want to hurt you but get out and walk slowly."
10 I have had the opportunity of reading the Depositional materials in this matter and have also taken them into account. As a result of your comments to Mr Chan which were made in a threatening manner at the same time you lifted the Vodka bottle, Mr Chan got out of the taxi and started walking away slowly before running to the corner of Matthews Avenue and York Street where he reported the stolen car to a stranger.
11 You got into the driver's seat and started to drive the taxi down York Street. You then turned into Matthews Avenue and continued along that street for around 500 metres until you veered off the road and ran into a tree. The force of the impact caused both airbags to be deployed and damaged the vehicle. The offence was reported to the police and a patrol of the area commenced.
12 Mr Bebbington, you were found approximately 500 metres from where the taxi was located and you were still holding the Vodka bottle. When the police approached you, you said words to the effect, "I am who you are looking for." You were then placed under arrest and conveyed to the Moonee Ponds Police Station. A recorded Record of Interview was conducted on the 10 March 2013 in which you made full admissions to the Armed Robbery.
13 Mr Bebbington, you indicated that you would plead guilty at the Committal stage and you are therefore entitled to a full discount. You have also served 76 days, not including today, in custody for this matter.
14 I proceed to sentence you on the basis of those facts as outlined and summarised by the learned Prosecutor when they were placed on the record. They are also set out in the written Prosecution Opening. There has been no challenge made to those facts and circumstances. I have also taken into account the submissions of counsel, the Depositional material, and all matters discussed during the course of the plea hearing.
15 As I said Armed Robbery is a very serious offence and your offending in this case created a terrifying ordeal for your hapless vulnerable and innocent victim who was a taxi driver going about his daily business. Taxi drivers should be entitled to go about their business without fear for their safety or wellbeing. I understand the impact of the offending on Mr Chan and take that fact into account.
16 No Victim Impact Statement was tendered in this matter and I have been informed by the learned Prosecutor that Mr Chan was given the opportunity to make such a Victim Impact Statement but for whatever reason chose not to do so. I have taken into account the matters set out in the Depositional material in relation to the offending and the impact on him and I am satisfied that he has suffered considerably as a result of your offending. Mr Bebbington and no doubt that ordeal will live with him, if not a long time, for most of his life. It has also, no doubt, had an impact on his ability to go about his work as a taxi driver. Furthermore you took the car, his taxi, on the night and that is encompassed in the charge to which you pleaded guilty before me.
17 There is no doubt you were intoxicated on the night but I accept that you must have understood the possible consequences of your actions. It is clear that your offending was alcohol fuelled, however, that does not in any way excuse or justify your conduct. However, it does go a long way to explain it.
18 I now turn to mitigating factors. As pointed out by your counsel, Mr Williams, in a comprehensive plea there are mitigating factors. I deal firstly with your plea of guilty to which I have referred.
19 You have pleaded guilty and you are entitled to have that fact taken into account in your favour and I do so.
20 I also accept and take into account that your plea of guilty was entered at the earliest opportunity and the community has, by your plea, been spared the time and cost of a trial.
21 Witnesses, including your victim, have been spared the ordeal of giving evidence upon your trial. Further, I take into your account in your favour that when apprehended you cooperated fully with the police and made full and frank admissions. Those factors stand you in good stead and, in the circumstances, I am further prepared to accept that in your case your plea does indicate true remorse for your actions.
22 Those matters are also reflected in the evidence that has been given on your behalf by your mother, Janae Bebbington, and are also set out appropriately in Carla Lechner's report.
23 I consider that your plea of guilty has utilitarian consequences and has facilitated the course of justice. I therefore give you a significant discount in sentence for your plea of guilty and other relevant factors and you are therefore sentenced to a far lesser sentence than I otherwise would have imposed in all the circumstances of this case.
24 The learned Prosecutor also conceded that there was effectively no pre-planning involved in your offending in this case and I accept your actions were spontaneous. Thankfully, for your victim and for you there were no physical injuries sustained.
25 Your victim has suffered loss and those matters have been set out. However, there has been no Application for Compensation was made in this matter so I have been told by the learned prosecutor.
26 I now turn to your personal history and circumstances. Mr Williams placed much before the Court about your personal history and circumstances.
27 As I said, you were born on the 15 October 1971 and you were 41 at the time of the offending and you are now the same age.
28 There are many matters about your personal history and circumstances set out in Ms Lechner's report and I am told that you are the older of two children adopted by your mother and father, Jan and Peter Bebbington. They conceived naturally, after adopting you, and have other children. You have reported a positive relationship with your parents and younger sisters, Wendy and Fiona.
29 You had been in a long term de facto relationship with Ms Vicky Ranno. You separated in 2005. As a result of that relationship with Ms Ranno, you have five children, John, 22. Kate, 20; Carly, 19; Victoria, 14; and Ambrose, 9 years old.
30 I accept the submissions of your counsel that this offending, the subject of the Indictment before this court, and upon which you are about to be sentenced arose out of your considerable frustration and anxiety in relation to Family Court proceedings and not being able to see your two youngest children, Victoria and Ambrose.
31 I have been told about your personal circumstances and that you have met your biological mother and, unfortunately, she has been diagnosed and suffers from Parkinson's Disease.
32 I have also taken into account the matters that have been set out in Ms Lechner's report about your family upbringing and your education. You grew up in Wesley, in Sydney, where your mother and father still live. You attended the Thornleigh West and Hornsby Primary Schools until fourth level and you were offered three scholarships for private schools. I am told by your mother during the course of her evidence that you attended Newington College where you remained until half way through Year 9.
33 She also confirmed the matters contained in Ms Lechner's report and that you became, what you have described as "a pretty crazy kid", undisciplined and you could not apply yourself to study.
34 You were then transferred to Pacific Hill Christian School for a year. You then left that school in order to work at a factory and as a brickie's labourer. You stated that you were raised in a religious family environment and made many life long friends at both school and church.
35 I have also been told how devastated you were when one of your best friends died last year. I am told that that was a friend you had known since childhood and he died of alcohol poisoning. Unfortunately, that did not give you a wake-up call about your own consumption of alcohol, Mr Bebbington. However I do accept your counsel's submissions in that regard about the stresses operating in your life at the time, leading up to and during the course of the offending.
36 You have become a "born-again Christian" and much has been set out in the material about that. I am told about your religious beliefs and that you returned to school in 1989 and completed a further six months of Year 11 at Newington College, however, you could not sustain interest.
37 I am told you joined the Neil Thomas Ministeries in 1989 to 1990, when you were only 18. You remained involved in that Ministry for 15 years and you have informed Ms Lechner, and it has been placed before the Court, about your involvement in that Ministry which has been referred to as a "cult" during the course of these proceedings. You were told to marry within three months and it was effectively an arranged marriage. However, as I have said, you remained in that relationship with Vicky Ranno for a considerable number of years and had five children.
38 I have taken into account the matters set out in Ms Lechner's report and on the plea hearing about what has been said about your involvement in that ministry.
39 I have also taken into account your employment history. You have been driving taxis and remained in that industry for approximately 17 years and you were driving, mostly, on night shifts.
40 Those matters should indeed have sent alarm bells to you, Mr Bebbington, to warn you about the commission of the offending.
41 You have informed others, including Ms Lechner of your remorse. She is satisfied that you have appropriate empathy in that respect. However, I have been told about how you have fallen into heavy drinking and that you were not happy in your marriage and the break-up of that relationship has caused the Family Court proceedings and the problems where you have not been able to see your two young children.
42 You are supported by your other children and I have been informed that whilst you were in the Melbourne Assessment Prison, unfortunately your daughter, Carly, took an overdose and nearly died. I have also been told about the circumstances of how you were able to attend her bedside in the hospital, while she was in a coma for some six days or so.
43 Ms Lechner sets out in her report much about your drug and alcohol history. She deals with your offending behaviour. She also undertook psychometric testing of you. She had also dealt with matters in relation to treatment considerations and has provided a helpful summary.
44 She also said you are capable of reflecting on the impact of your behaviour on yourself and others, although your alcohol abuse and high level of emotional distress had compromised your judgment and decision-making skills in her view.
45 However, she believes you are able to identify triggers to your negative feelings but you are able to express them. You had become caught in a vicious cycle abusing more and more alcohol to overcome your grief, depression and other issues including concerns about not seeing your young children. She believes and opines that you are currently exhibiting symptoms of a moderate level of depression as measured by the Inventory she applied to you.
46 Apparently, you have experienced some improvement since you have been abstinent from alcohol but it is of concern to Ms Lechner and expressed by your mother during the course of the evidence given before this Court that you have not been able to identify remaining sober as a future goal. Therefore, you need encouragement and education to understand the depth of what can be described as your alcoholism and the difficulties associated with controlled drinking.
47 It is hoped that the Community Corrections Order on which you are to be placed will assist you in that regard and prevent further reoffending. I have looked at your criminal history and I will come to that shortly. I am satisfied your previous offending has also been alcohol fuelled and, putting aside your driving offences, the other offences involved your former partner, Vicky Ranno.
48 I am satisfied your offending does appear to be inextricably linked with your high level of stress causing for you to resort to alcohol and Valium and Mr Williams has explained those matters. That had an adverse impact, as Ms Lechner has opined, on your capacity for impulse, control and good judgment.
49 I accept you had lost the plot and in many ways you were crying out for help. The consequences of your offending also had a significant impact on your victim and it has not been easy for your children either. I accept that your psychological rehabilitation will be greatly facilitated by your involvement with treatment services as outlined in the report and considered by the Community Corrections assessment officers. You have been assessed as suitable for a Community Corrections Order in the terms that I have outlined and I am satisfied as to the contents of that report and take them into account. I consider you would also benefit from a period of supervision and I consider, for a number of the reasons, that you should not be required to serve a further term of imprisonment.
50 So I take into account all those matters including your personal history and circumstances. However, you have admitted prior convictions before me. There are 12 or so such convictions, involving three Court Appearances at the Broadmeadows Magistrates Court on the 4 March 2013, the 31 January 2013, and the 10 May 2010.
51 Your appearance at the court on the 10 May 2010 was in relation to driving related offences, including Driving under the Influence of Intoxicating liquor. So, once, again alcohol rears its ugly head.
52 In relation to the other offending you have admitted to two convictions for Contravening A Family Violence Intervention Order on two separate occasions, involving your former partner, Vicky Ranno. You were also charged with being drunk in a Public Place and Behaving in an Offensive Manner as well as Intentionally destroying property and Unlawful Assault.
53 I accept the explanation Mr Williams has placed before the Court in relation to those offences and I consider that the convictions for the charges of Contravention of the Family Violence Intervention Order and the Common Assault charge to which you have admitted are relevant to my task in sentencing you today.
54 I accept the evidence that has been led on your behalf. I have referred to some aspects of the evidence of your mother, Janae Bebbington, and I found her to be a frank and credible witness.
55 I also accept the contents of the report from psychologist, Carla Lechner, dated 2 June 2013 (Exhibit 2 on your plea hearing.)
56 I also accepted the contents of the Chronology for the Plea (Exhibit 1) and take those matters into account in determining sentence. I also take into account the letter of reference from Joe Gaggliardi dated the 7 June 2013 and a letter from Peter Prior dated the 10 June 2013. To your credit you have also completed programs whilst in custody and a Certificate of Completion of such programs was also tendered (Exhibit 5.)
57 I have also taken into account the support of your loved ones, as well as your mother, and Kate and Carly who are in Court in support of you. It has been a difficult time for them. I have been told that you have been in no further trouble. That is correct, Mr Williams?
58 MR WILLIAMS: It is, Your Honour.
59 HER HONOUR: I am also told you desire to deal with your problems with alcohol and frustration. I also accept that you made efforts prior to this offending, the subject of the Indictment before this court, to get help in relation to your problems and you have recognised the triggers. Unfortunately, you were not able to be assisted under another Community Corrections Order.
60 You had also taken Valium and alcohol and I accept Mr Williams' submission in that regard. However, the Court does have concerns that you do not accept and are not readily able to admit that you are an alcoholic. Therefore it is hoped that the treatment conditions of the Community Corrections Order will help you in that regard.
61 I am satisfied that if you deal with your alcohol problem and do not drink alcohol it is unlikely you will offend in a similar manner. However, I do have concerns if you start drinking alcohol again that there is a risk and likelihood of you reoffending.
62 However, there are grounds for optimism and in fixing an appropriate sentence I do maximise your chances of rehabilitation. I have already referred to your victim and I have taken the impact of your offending on your victim into account.
63 I turn to the purposes of sentencing. As well as those matters personal to you, to which I have referred, including your prospects of rehabilitation. I must also take into account such matters as deterrence, especially, general deterrence which is of considerable importance in a case such as this.
64 I must also consider the question of protection of members of this community from you and bear in mind the likelihood of you re-offending. I have also been called upon by the Sentencing Act to manifest the community's denunciation of your conduct and to generally impose a just punishment.
65 I have also taken into account, as I said, relevant provisions of the Sentencing Act, and the fact that an immediate term of imprisonment is a sentence of last resort.
66 In all the circumstances, I accept your counsel's submissions that you be allowed to return to the community under the conditions of a Community Corrections Order and I have taken into account the relevant provisions of s.44 of the Sentencing Act.
67 I have also taken into account pronouncements by Her Honour, Chief Justice Warren, of the Supreme Court in a number of cases where she has set out that a Community Corrections Order is a deterrent order as well as many other matters and I will not refer to those in detail.
68 I have also taken into account, as I said, Ms Lechner's report. I have also taken into account the learned Prosecutor's submissions on sentence. He initially submitted that you should be sentenced to a term of imprisonment. Just bear with me a moment. I did have counsel's sentencing submissions particularly set out.
69 MR GOODFELLOW: I can provide the range again.
70 HER HONOUR: I have definitely taken that into account in determining sentence in this matter.
71 MR GOODFELLOW: Yes, Your Honour.
72 HER HONOUR: But for the record, if you could please assist the court at this stage.
73 MR GOODFELLOW: Yes, Your Honour.
74 HER HONOUR: It is important.
75 MR GOODFELLOW: The range was a Non-Parole Period between nine and 12 months with a Head Sentence between 15 and 20 months' imprisonment.
76 HER HONOUR: That is right. Thank you very much. All right. I have taken that sentencing range into account. The learned Prosecutor, for many reasons, whilst conceding a number of mitigatory factors referred to the nature and circumstances of your offending and the impact on the victim and submitted on instructions, in all the circumstances that an immediate term of imprisonment is appropriate in the range of a Total Effective Sentence of 15 to 20 months' imprisonment with a Non-Parole Period of nine to 12 months' imprisonment and said that it is within an appropriate sentencing range.
77 Mr Williams argued to the contrary. However, I have considered, as I have outlined, that it is appropriate, in all the circumstances of the case, not to require you to serve any further time in custody in prison. I have taken into account the time you have already served and there will be a declaration made.
78 I have also considered it appropriate that you be placed on a Community Corrections Order in the terms as outlined and I accept the contents of that report. Therefore, I will be sentencing you, pursuant to s.44 of the Sentencing Act and sentence you to a term of imprisonment as well. It is now appropriate to place on to the record that sentence. Can you please stand?
79 In relation to the charge of Armed Robbery, I sentence you with conviction to serve a Community Corrections Order for a period of three years. The Order commences on today's date and ends on the 20 June 2016. You must attend at Broadmeadows Community Correctional Services Office by the 25 June at 4.00 p.m.
80 There are mandatory conditions and they are -
81 (i) that you must perform 200 hours of unpaid community work over a three-year period as directed by the Regional Manager;
82 (ii) you must be under the supervision of a Community Corrections Officer for a period of three years.
83 (iii) In relation to treatment and rehabilitation you must undergo assessment and treatment, including testing for drug abuse or dependency, as directed by the Regional Manager.
84 (iv) You must undergo assessment and treatment, including testing for alcohol abuse or dependency as directed by the regional manager.
85 (v) You must also undergo a mental health assessment and treatment, including, but not limited to mental health, psychological, neuro-psychological and psychiatric, either in a hospital or a residential facility or as directed by the Regional Manager.
86 (vi) You must also undergo specific programs or courses to address factors relating to the offending as directed by the Regional Manager, including personal relationships, violence and anger and the stresses arising from your ongoing situation where you are struggling to deal with the lack of contact with your two young children.
87 You will also be the subject of Judicial Monitoring. You must attend for review on the 2 September, 2013, at 10.30 a.m. at the County Court of Victoria.
88 Without conviction I order you be disqualified from obtaining any license or permit for a period of eight months from the 21 June 2013, pursuant to s.89(4) of the Sentencing Act. That order is made because, in the course of the Armed Robbery, you took Mr Chan's car.
89 I also must make a Disposal Order applied for by the prosecution and that is by consent. I order that the property referred to in the Schedule be forfeited to the Minister pursuant to the relevant provisions of s.78 of the Confiscation Act and that order is now signed and made on today's date.
90 I further order pursuant to s.464ZF(2) of the Crimes Act, Mr David Bebbington, that you undergo a forensic procedure for the taking of an intimate sample and that will be a scraping from your mouth.
91 I have made that order on the basis that I have considered it appropriate in all the circumstances given the seriousness of the offence of Armed Robbery which warrants the Order, your prior convictions, the Order is made by consent and the granting of the Orders is in the public interest.
92 I also must inform you, Mr Bebbington, that at the time of the request if you do not consent to the taking of a mouth scraping, under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted. You must attend at the Broadmeadows Police Station at the address set out on that order for that sample to be taken. Do you understand?
93 Further, before I get to s.44, there are core conditions of the Community Corrections Order and I will not go through those with you now. You have been informed about those and Mr Williams has gone through them with you and he will see that Order shortly.
94 You must notify a Community Corrections Officer of any change of address and change of job. You should not commit any further offences punishable upon conviction of imprisonment and you must not leave the State without permission.
95 I will now hand down that Community Corrections Order. However, I must state that this is an order pursuant to s.44 of the Sentencing Act and the Court also sentences you to 76 days imprisonment on Charge 1.
96 I declare, pursuant to s.18 of the Sentencing Act, that the time you were held in custody, namely 76 days is to be reckoned as a period of time served under this sentence and will be deducted administratively at the appropriate time.
97 Pursuant to s.6AAA of the Sentencing Act I am obliged to make a statement or declaration as to what the sentence would have been if you had not entered a plea of guilty and you had taken this charge to trial and upon determination of trial and a jury found you guilty, I would expect that I would have sentenced you to a Total Effective Sentence of a period of imprisonment of 34 months, a Non-Parole Period of 17 months.
98 Counsel, have I covered everything?
99 MR GOODFELLOW: Yes, Your Honour.
100 HER HONOUR: I must only hand down the Community Corrections Order. Unfortunately, this has taken longer than I had anticipated. Mr Williams, you have leave to approach. There is also the driver's License Advice that must use be given to you. But at this stage, I am concentrating on the Community Corrections Order.
101 All right. Thank you. If you have a look at that, both of you, before you approach Mr Bebbington.
102 I do apologise to everyone in the court. This has definitely taken longer than I had anticipated.
103 Have you have gone through those with Mr Bebbington?
104 MR WILLIAMS: I have, Your Honour.
105 HER HONOUR: Mr Bebbington, you need to stand once again. Those conditions and terms of the Community Corrections Order have been set out and you have now had the opportunity of Mr Williams going through those conditions in the written form of Order with you. So do you understand the effect and conditions of that order?
106 PRISONER: Yes, Your Honour.
107 HER HONOUR: And do you consent to it being made?
108 PRISONER: Yes, Your Honour.
109 HER HONOUR: And is that your signature on the Order?
110 PRISONER: Yes.
111 HER HONOUR: All right. The Community Corrections Order is made on today's date. I need to inform you that if you commit any further offences, punishable upon conviction during this Order, that is, three years, or you fail without reasonable excuse to obey directions, attend for appointments or fail to comply with other relevant matters set out in the order, it will be regarded as a Contravention or Breach of the Community Corrections Order. There are relevant provisions relating to Contravention or Breach which can be issued against you and you will be brought back before this Court to be dealt with for a Contravention or Breach of the Community Corrections Order. And if they are proven you can be sentenced to a term of imprisonment for the Contravention of that Order and you can also be resentenced in relation to the Armed Robbery offence. You can also be fined. Do you understand?
112 PRISONER: Yes, Your Honour.
113 HER HONOUR: All right. Is that a correct explanation in all the circumstances?
114 MR GOODFELLOW: It is Your Honour.
115 HER HONOUR: Required by law?
116 MR GOODFELLOW: Yes.
117 HER HONOUR: I hand down copies of the Driver's License Advice. The Disposal Orders, three of them, and the other Order in respect of the forensic sample and they need to be given to Mr Bebbington. Take a seat for a moment, Mr Bebbington, because you will need to go back through the system. This documentation needs to be given to you.
118 Once again, I will clarify with counsel no issues?
119 MR GOODFELLOW: No, Your Honour. There is not.
120 HER HONOUR: With the form of Orders or any of the other matters. All right. Thank you. Do you understand, Mr Bebbington, that you have also been disqualified from obtaining a license for an eight-month period as from today's date?
121 PRISONER: Yes, Your Honour. With the disposal orders, Your Honour, that does not include my phone - - -
122 HER HONOUR: Mr Williams, do you wish to - - -
123 MR WILLIAMS: No. It does not - - -
124 HER HONOUR: - - - approach and you can clarify.
125 MR WILLIAMS: No. I can clarify that with Mr Bebbington in a moment, Your Honour.
126 HER HONOUR: Yes.
127 PRISONER: Thank you.
128 HER HONOUR: Thank you. 10.30, Monday. I just wish to thank counsel for their assistance in this matter too and their instructors. Thank you.
129 MR GOODFELLOW: Thank you, Your Honour.
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