Director of Public Prosecutions v Birch

[2017] VCC 1963

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 14-01805

DIRECTOR OF PUBLIC PROSECUTIONS

v

AIDEN BIRCH

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JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	18 December 2017
CASE MAY BE CITED AS:	DPP v Birch
MEDIUM NEUTRAL CITATION:	[2017] VCC 1963

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr H. Rattray
For the Accused	Ms A. Harrold

HER HONOUR:

1Aiden Birch, you have pleaded guilty to one charge of causing injury intentionally.  The facts of that offence are as follows.

2On 7 June 2014 you and your then partner, the victim in this matter, Jamie Rowe, aged 54 years, were at his home address with another friend, Mr Pierpoint.  The three of you were drinking cans of beer. 

3During the evening Mr Pierpoint fell asleep on the couch.  You and Mr Rowe commenced arguing.  At some point during the period of arguing you fell asleep on the couch.  When you woke you believed that Mr Rowe was touching you sexually.  Although Mr Rowe denies this, the prosecution accepts that this was your belief at the time.

4An argument evolved with you yelling at Mr Rowe and calling him a paedophile.  Mr Rowe picked up a pruning saw, which was in the house, along with a flat-bladed plastering tool which had been used by Mr Pierpoint during the course of the day. 

5Mr Rowe held the saw towards your throat and called you a, "Bloody idiot".  You disarmed him and then commenced attacking him to the face with the saw.  Mr Rowe managed to get himself to the bathroom where he noticed his face was bleeding severely.  You entered that room and then proceeded to punch him to the face.

6Mr Rowe next recalls waking up in the bedroom with you still punching him with your fist to his left arm which was already painful.  At this point he noted the flat-bladed plastering tool was in your hand. 

7The assault continued for some time.  Mr Rowe tried to calm you and eventually succeeded in doing so and the two of you fell asleep on the bed. 

8Mr Pierpoint woke through the course of the night and at various times during the early hours of the morning and heard arguing between you and Mr Rowe.  Mr Pierpoint reports hearing Mr Rowe yelling at you to stop and not to hit him.  He says the fighting and arguing went for some time.

9The next morning Mr Pierpoint saw Mr Rowe and immediately told him that he needed to go to hospital for his injuries.  He described Mr Rowe as, "Bleeding and having noticeable injuries".  Mr Rowe reports being in a lot of pain.

10Mr Pierpoint told you he was going to take Mr Rowe to hospital.  You did not accompany him.  Mr Pierpoint drove the victim to St Vincent's Hospital Emergency Department where he was attended to by medical staff.  Police were notified and Mr Rowe made a complaint to police. 

11When Mr Pierpoint returned to the victim's house you were cleaning the house and washing the bloodied sheets.

12Mr Rowe suffered the following injuries at your hand.  Several lacerations to the face requiring suturing or gluing,  laceration across the right ear requiring surgery;  a deformed nasal bone and fractured nose;  a fracture to the right side of his lower jaw;  fractures to his cheek bone;  a laceration over the dorsal aspect of his left hand which required cleaning and suturing;  a laceration to the anterior left shoulder;  a fracture through the distal half of the left clavicle including displacement; and a displaced tooth. 

13Photographs depicting Mr Rowe's injuries were tendered on the plea. 

14He was treated with pain relief and antibiotics at St Vincent's Hospital.  His fractures were seen and assessed by surgical teams but did not require surgical intervention. 

15He remained in hospital for one week.  During that time he was put under an anaesthetic to clean the wound which overlay the fracture to his left clavicle.

16I have been provided with a victim impact statement from Mr Jamie Rowe dated 15 August 2017.  I have heard this read aloud on his behalf by the learned prosecutor during the course of the plea.

17Mr Rowe details physical injuries which he suffered and the time taken to recover, including the time spent in hospital, and then approximately two weeks in the rehabilitation centre.

18He says his shoulder was by far the most painful injury and that it took approximately eight months to have his shoulder back to full working condition.

19He also described his tooth being knocked out and requiring a screw.  Cleaning his teeth thereafter was a constant reminder of these events. 

20Emotionally, Mr Rowe describes having had a history of domestic violence, which was known to you.  He describes his personal sorrow at the breakup of your relationship which had been on foot for some time. 

21He describes needing to see a psychologist to assist him deal with the effects of this assault on him and requiring attendances on that person, once a week, for almost 12 months.  He has been stressed and wary of meeting people.

22I note Mr Rowe, in his victim impact statement says, "It has taken me a few years to get to this point but I forgive Aiden.  I'm not a vindictive person.  I honestly want Aiden to be okay and hope he has learnt something from all of this and can be a good person".

23An intervention order was taken out by police investigating this matter and you have been subject to that intervention order since the time of this offence.

The history of these proceedings. 

24You were arrested and interviewed on 9 June 2014.  You made a partial no comment interview.  You did make admissions in relation to your relationship with the victim and in relation to your own lack of injuries. 

25You participated in a second record of interview with police on 26 August 2014 where you gave a version of your own events in relation to these allegations.  In short, you sought to downplay your role in this argument.

26You were initially remanded in custody before being granted bail on 24 June 2014.  Therefore, you have spent a total of 16 days pre-sentence detention in relation to this offence.  Once you were bailed you have then remained on bail to this date. 

27This matter has had a complicated path to resolution.  On 9 October 2014 a contested committal was conducted on your behalf.  The victim, Mr Pierpoint and the informant were cross-examined.  The matter was then listed for trial on 5 October 2015, however, resolved on the first day as a plea of guilty to one charge of recklessly causing serious injury. 

28The plea was listed on 12 November 2015, however, on that day there was a dispute as to the factual basis on which the plea submissions were made and the matter was further adjourned.

29The matter returned to the trial stream and was listed for trial on 21 November 2016.  The trial could not proceed on that day due to the ill-health of the informant.  The matter was adjourned for trial, listed then on 14 August 2017.  Again, the matter resolved on day one of that trial, this time to the charge before me of causing injury intentionally.  You were arraigned and pleaded guilty on 15 August 2017.

30The maximum penalty for this offence is level 5, namely, ten years' imprisonment.  You have admitted prior convictions, including most relevantly, two previous offences of intentionally causing injury; one within the context of domestic violent.  I will come to the details of those matters in due course.

31The offence is clearly a serious one.  Mr Rowe was in his home and was your partner.  He was entitled to feel safe in both those spaces.  Your offending against him was vicious and sustained in circumstances where he pleaded with you to stop.  You were in possessions of weapons and you used those against him. 

32The injuries inflicted on him place this matter at the top end of the range for the definition of injury.  Domestic violence of this nature will not be tolerated within the community.  It is a prevalent offence and must be treated seriously.  It is an offence often behind closed doors and often unwitnessed.

33Your moral culpability is heightened by the fact that you had an awareness that your partner had previously been the victim of domestic violence. 

34Any sentence imposed must take into account the need for general deterrence, the denunciation of such offences and the need for punishment.  In your case I must also consider specific deterrence given your prior conviction for a similar offence. 

35Your personal background is contained in various reports, tendered on the plea, by your counsel.  These include a report from Dr Brendan Murphy, consultant psychiatrist, contained in a discharge report from the Early Psychosis Prevention and Intervention Centre (EPPIC); also entitled Orygen Youth Health and dated 21 March 2006.  A report from Mr Patrick Newton, forensic psychologist, dated 25 November 2008 and a report from counselling and forensic psychologist, Mr Raul Foglia, dated 9 November 2015 and which I understand was prepared for the original plea in this matter. 

36Your father is of indigenous heritage and you partially identify with that heritage.  You now maintain a close relationship with your father, however as a child, you were often scared of him due to his regular outbursts of anger and the frequent marital arguments which would result into physical abuse of your mother.  You now describe your father as a changed man. 

37Your mother is someone with whom you get along well.  During your early childhood, however, you did not see much of her as a result of your father's violence and her efforts to avoid being at home with him.  You remained with your mother after your parents separated.  There were multiple changes of residence.  You were frequently left with people you barely knew and were often the victim of physical and verbal abuse at their hands.  Sadly, your mother had a number of relationships with men who were abusive and violent, often towards you.

38When you were approximately nine you left your mother's home and went to live with your father.  He eventually re-partnered and went to live with that woman.  The result for you was that by aged 15 you were left living alone and left, largely, to your own devices. 

39At about that time you again went to live with your mother, however, your stepfather physically assaulted you and you were asked to leave home just months after your arrival.  Consequently you were homeless, living on the streets, on friends' couches or in refuge or transit accommodation.

40Your history means your education is very limited.  You attended approximately ten primary schools and were often absent.  You became disruptive and you were asked to leave prior to completing Year 10. 

41Your employment has been limited and in unskilled positions. 

42You report a history of sexual abuse from different family members.  When you were aged between four and six years old you were sexually abused by a cousin who is seven years your senior.  You told Mr Foglia that, despite the patchy memories of these events, you still, "Shiver at the cruelty of the perpetrator".

43Significant sexual abuse also occurred at the hands of your father when you were between the ages of nine and 11.  You have expressed your desire to leave that history in the past.

44Further, you reported to Dr Murphy in 2005, when you were an involuntary inpatient at NorthWestern Mental Health, via the EPPIC unit, that a number of your mother's partners perpetrated sadistic sexual abuse on you often involving humiliation and sadistic punishment. 

45This history of significant sexual abuse is relevant to the offence before me.  I note you reported to Mr Foglia that your relationship with this victim was intimate but not a sexual one. 

46The prosecution accept that the catalyst for the physical argument was your own belief that your partner had sexually assaulted you while you were asleep.  This belief of yours must be viewed in the context of your history, both of sexual abuse, and also of an early life which provided you limited skills to deal effectively with conflict.

47You have admitted a number of prior convictions.  In December 2004 in this court you were sentenced in relation to charges of make a threat to kill, intentionally cause injury and armed robbery. 

48The circumstances of that matter relate to a time when you were 17 years old.  You made a demand of a 21 year old young man, in company with a co-accused, who held a knife to the victim's throat.  You stole a wallet, cash and a CD player.  The following day you went to police to confess.

49You were dealt with for that offence in December 2004 by His Honour Judge Bourke and were given a community based order.  There were no hours of unpaid community work attached to that order,  the focus being, clearly, treatment for drug and alcohol. 

50You breached that order by failing to comply with it and were returned before His Honour in May 2006.  During those proceedings His Honour heard evidence from a case worker from the Salvation Army Crossroads network, with whom you had a lengthy involvement, and was provided with a psychological report of Dr. Rebecca Deering. 

51His Honour stated:

"I placed very considerable emphasis on your personal background and circumstances.  You have been badly damaged by life so far - you have just turned 20 - of exceptional deprivation".

52Further, His Honour said that:

"Your failure to comply with the community based order conditions occurred in the context of - indeed may be largely explained by - the marked decline in your psychiatric state in 2005".

53In those circumstances, His Honour convicted and fined you $200.  The community based order was cancelled and you were convicted and released on an adjournment for two years. 

54The other two relevant offences in your prior history are those of intentionally causing injury and unlawful assault.  Those charges were dealt with at Broadmeadows Magistrates' Court on 19 March 2008. 

55They relate to an incident where the victim was your partner, Tamara Settle, also herself a client of Orygen.  You were both young and your relationship centred around drugs.  You were living a chaotic life.  Together you have a son who is now approximately ten years old.  Your capacity to cope was limited.  Your psychological state was deteriorating.  You told Mr Newton that you were, "Very sick in the head and felt trapped in the world I lived in". 

56You could not find work and provide for your partner and family.  You were not able to obtain benefits from Centrelink and had very little money for about five and a half months.  Arguments were frequent.

57On the occasion of that offending you were arguing and assaulted your partner when you pushed her against a wall before grabbing her throat and threatening to kill her.  You pushed her again and threatened her again, ultimately, pushing her to the ground.

58You were sentenced to six months imprisonment wholly suspended for 12 months.  You were also subject to an intervention order. 

59Your psychiatric history is a complicated one.  Mr Newton, in 2008, summarised numerous professional reports of mental health specialists who had treated you.  He stated that that examination indicated that the genesis of many of your difficulties, "Most likely stems from your extraordinarily difficult childhood and young adolescence". 

60Dr Murphy diagnosed you with schizophreniform psychosis with borderline personality traits.  Other diagnoses have included, drug induced psychosis, substance dependence, insomnia, obsessive compulsive disorder, bipolar affective disorder as well as major depressive disorder and anxiety related disorders.  You have also had a history of symptoms akin to bulimia.

61You have a history of self-harming behaviour and of attempts to take your own life.  You have been medicated since at least 2004 on the antipsychotic drug, Olanzapine.  At various times you have also been prescribed Seroquel, another antipsychotic commonly used to treat schizophrenia. 

62You have had contact and treatment with Patrick Newton since approximately 2004 as well as contact with a variety of counsellors and youth workers. 

63In November 2005 you had your second admission as an inpatient via the Orygen Youth Health psychiatric, EPPIC unit.  This is where you saw Dr Murphy.  You have been treated by Orygen under its EPPIC intervention program since approximately 2004.  During that period of treatment on occasion you were required to be taken to St Vincent's and the Royal Melbourne Hospital emergency ward due to your self-harming behaviours. 

64The Orygen discharge report of March 2006 describes you as experiencing intermittent suicidation as well as having some grandiose persecutory delusional ideas and paranoid ideation.  You had presented to them at times with superficial lacerations to your forearms and you had attempted to end your life by taking an overdose. 

65Your mental state must be seen in the context of a long and complicated history of drug and alcohol abuse.  You report commencing drinking alcohol around the age of ten.  You commenced using marijuana at about 14 years of age.  By the age of 16 you were smoking two to three grams of cannabis per day. 

66You have, at times, abused your prescription medication.  You have been a user of methamphetamines, in particularly, speed, ecstasy and ice, through your mid-20s, smoking it every second day.

67In Mr Newton's 2008 report he describes you saying, you, "Have done nearly every drug there is, pretty much".  At the time of the current offence you report using methylamphetamines, cannabis and abusing alcohol. 

68It is clear, reading the number of reports, that despite your extremely difficult background, you are not someone who has sat on your hands, but rather you have at various times engaged, or attempted to engage, with services available to you in an effort to conquer both your drug and alcohol issues and deal with your mental health issues. 

69In the context of your past, the path to rehabilitation has not been a straight one, but rather two steps forward and one step back.

70Most importantly, however, for the purposes of determining the appropriate sentence for this offence, you have made consistent efforts to rehabilitate yourself in the intervening period between today and the offence in June 2014. 

71You have now been on bail for approximately three and a half years.  You have been subject to an intervention order in relation to the victim of this offence and have complied with that order.  True to your past efforts to engage, it is clear you are someone who has made the most of the opportunity of being granted bail. 

72You initially engaged with the Court Integrated Services program, or CISP, and participated in that structured program until October 2014.  In particular, through that program, you engaged in drug and alcohol assessment, counselling and case management.  You undertook a comprehensive drug and alcohol assessment, as part of the CISP program, in July 2014, at Caraniche.  It was this drug and alcohol assessment which then prompted you to engage in one on one counselling, consultancy and continuing care, initially with a Ms Lauren Bruce for six appointments, and then for five counselling appointments with Ms Alana Osborne.

73The final progress report from CISP, dated 16 October 2014, indicates you engaged well with treatment and attended consistently.  Intervention focused on identifying triggers for substance use and increasing distress tolerance and coping strategies for managing negative emotions. 

74In addition, relapse prevention training was implemented to assist you to manage abstinence.  During the CISP program you also reported attending a couple of Narcotics Anonymous meetings.

75Your case manager reported that you engaged well in discussions and the conclusion of the author of the final progress report was that you displayed excellent commitment to addressing your personal issues by taking full advantage of the treatment offered to you. 

76Through CISP you were referred to counselling and forensic psychologist, Mr Raul Foglia.  The CISP final progress report confirms your attendance with him and he described you as, "Attentive and engaging extremely well during sessions".

77You indicated you would like to address your anger management issues and this was part of the counselling undertaken with Mr Foglia. 

78Importantly, after completion of the initial CISP program, you have continued to see Mr Foglia over the following three years.  I received an addendum report from Mr Foglia dated 1 December 2017.  He indicates you attended on him for one on one counselling for 12 sessions in 2014, ten sessions during 2015 and eight sessions during 2016.  You have again made contact with him during mid-November 2017 to undertake further treatment. 

79Mr Foglia details your history and your state as at 2015.  As well as outlining the numerous diagnoses referred to already, he opines that you presented to him with significant symptoms of post-traumatic stress disorder, primarily connected to your history of sexual abuse, growing up in a disruptive, volatile and unsupportive family environment.  On testing, you exhibited a high risk of meeting criteria for anxiety and depressive disorders and rated an extremely severe degree of risk for anxiety.

80Importantly, according to Mr Foglia, this offence had an enormous significance for you.  "He asserted it led him to cease all substance use having experienced no relapse into illegal drug use".  You went cold turkey on 10 June 2014 and I am told you have remained drug free to this date, a significant time, given your history.

81In addition, you have remained alcohol free, apart from a one month relapse in September/October 2014. 

82You have reconnected with your family over the last three and a half years in a way you have not been able to do in the past.  I note that both of your parents and your sister were present in court for the plea and your parents are with you today. 

83Your mother has had a recent diagnosis and treatment for breast cancer and you have been a support to her.  You say this experience has brought you both closer.  You have reconnected with your father and have spoken with him about violence and negativity.  Your discussions with professionals and your family have led you to report to Mr Foglia, "I have a chance to put my life straight now and leave the traumas behind".

84You are currently on 300 milligrams per day of Seroquel prescribed by your general practitioner.  Your mental state is said to be stable. 

85I have received letters from your parents and your sister.  All three authors express the opinion that the gains you have made since being granted bail for this offence are your most significant to date. 

86It is a compliment to those administering the CISP program that the letters from your family identify your participation in that program as a true turning point. 

87Your family confirm that you have remained drug free.  You have secured stable and long-term accommodation.  Such accommodation would be lost should you return to gaol. 

88You have obeyed all bail conditions, including being vigilant in relation to a strict curfew which remained in place for several years.  You have not re-offended.

89You have been actively seeking employment, and indeed undertook employment at the Ruckers Hill Café, cleaning and packing for approximately seven months, until that business was sold. 

90In December of this year you completed a five day training course entitled, "Level Crossing Removal Authority Aboriginal Transit Program", offered by the Level Crossing Removal Authority, and also a train track safety awareness course with Metro Rail Academy.  I understand this is a program linked to the Indigenous Affairs Group within the Department of Prime Minister and Cabinet and has had positive outcomes for a number of people who have completed the training.

91I have received confirmation of your participation in that course from Liz Allen, Aboriginal employment skills adviser, dated 15 December 2017.  It is hoped that you will now be offered employment, and indeed, I have been told today that there is a prospect of an apprenticeship.

92I understand there are no outstanding matters of offending.  Importantly, both to your family and to Mr Foglia, you have acknowledged your responsibility for the offence before me.  You have expressed remorse.  Your father writes that you have told him on numerous occasions that, "He is sorry for offending and regrets his actions of that day".  Your mother concurs and says she believes you are genuinely remorseful and since this offence have experienced periods of depression about it.  Your sister described you as trying to take responsibility for your past actions.

93Your plea of guilty, of course, is to be taken as an indicator of remorse, however I accept in this case, that you are genuinely remorseful about what you did to your then partner.  If I consider that the indication of a willingness to plead guilty was made some time shortly after the committal, I accept that that was at a reasonable early stage of proceedings. 

94Your counsel submitted that you are an appropriate vehicle for a sentence which combines imprisonment with a community corrections order.  It was submitted by the prosecution that such a sentence was not inappropriate but the time served in custody to date was not enough.

95Make no mistake, this is a serious offence.  Domestic violence of any nature will not be tolerated within the community.  Such violence involving a weapon, which left your partner with injuries and the need to undertake his own lengthy rehabilitation, is a serious example of the offence.  Drug and alcohol use can, of course, be no excuse for such offending. 

96General deterrence is, of course, a relevant consideration and I take it into account. 

97It is clear you have indicated your willingness to plead guilty from at least October 2015.  I accept the submissions by your counsel that the machinations of the legal negotiations required to satisfactorily resolve the matter were beyond your intimate comprehension.

98As a person with two prior convictions for offences of intentionally cause injury, one of which involved your partner, the punishment must specifically deter you from any further offending of this nature. 

99Had this matter been dealt with at an earlier time the penalty may well be different.  Here, however, delay is a relevant matter. Where there has been considerable delay between the time of the offending and time of sentencing, and only part of that attributable to you, and where significant steps have been made towards rehabilitation in the meantime, those factors operate in mitigation of sentence and in favour of imposing a sentence which sees those efforts continue. 

100I note no specific submission was made to me regarding whether you fall to be considered under the principles of Verdins.  I want to refer to Mr Foglia's summary where he states the following.  "Mr Birch has a history of mental health issues, including depression and anxiety disorders, schizophrenia, obsessive compulsive disorder and bipolar affective disorder.  In addition he presents with significant symptoms of post-traumatic stress disorder, primarily connected with his history of sexual abuse and growing up in a disruptive, volatile and unsupportive family environment.  He admitted to difficulties with mental health reporting a long history of access to private and community mental health services.  Whilst reportedly he's mentally stable under his current medication regime, he continues to grapple with the psychological effects of trauma and mental disorders". 

101Counsel specifically disavowed the idea that there was a nexus between the offending and your mental state.  Of course, alcohol and drug use played their part, complicating those considerations.  In my view, the long-standing history of your mental illness and your ongoing symptoms, must play their part in the synthesis of sentencing considerations, and as I have outlined herein, they are a significant part of understanding your history, your current state and the gains you have made in the last three and a half years. 

102Here, I take into account your remorse, your plea of guilty and acceptance of responsibility.  Your efforts to obtain employment, your stable accommodation, your abstinence from drugs and alcohol, and importantly your long-term engagement with counselling, indicating perhaps an increased maturity and psychological strength. 

103You have reconnected with your family in a more fulsome way and you have their ongoing support.  You are complying with prescribed medication.  Mr Foglia describes your commitment to make changes to your life as a strong protective factor. 

104Ultimately, taking into account the principles of sentencing, the historical and recent facts pertaining to you, and in particular your now lengthy period of positive rehabilitation while on bail, I have concluded that the appropriate sentence will see you continue your rehabilitation work in the community. 

105The imposition of a short term of imprisonment plus a lengthy community corrections order can operate both as punishment, deterrent and also an opportunity to contribute back to the community.  It will also provide an opportunity for supervision and support for your continuing rehabilitation. 

106I ordered a community corrections assessment to be conducted in relation to you and I have received a favourable report. 

107If you could just stand now please, Mr Birch.

108On the charge of intentionally cause injury, I convict and sentence you to 16 days imprisonment and a community corrections order of 24 months. 

109The conditions of that order are that you are to undertake 200 hours of unpaid community work.  I order that you be under supervision. 

110You are to undertake treatment and assessment for drug and alcohol including testing for both.

111You are to undergo a mental health assessment, specifically psychiatric assessment and treatment as directed, and psychological assessment and treatment as directed. 

112You are to undertake an offence specific program, namely, an anger management course. 

113You are to undergo assessment for educational and employment assistance programs. 

114In relation to your hours of unpaid community work, I direct that up to 120 hours of treatment and rehabilitation may be credited to those hours. 

115In relation to pre-sentence detention, I reckon that 16 days imprisonment has already been served as pre-sentence detention. 

116Clearly, any breach of your community corrections order will see you return to me in this court, and you would then be dealt with for the breach as well as being dealt with again for this original offence.

117That order will be printed, and if you are agreeable to undertaking that community corrections order and those conditions, you will sign it, Mr Birch, and then I will sign it. 

118I think there was also a disposal order sough.

119MS HARROLD:  Yes, Your Honour.

120HER HONOUR:  I make those in the terms of the draft order that was provided to me.  Was there also a 464ZF application?

121MS HARROLD:  No, Your Honour, no.

122HER HONOUR:  No, all right.  Have a seat, Mr Birch.  That order will be printed and I will ask you, Mr Rattray, if you would explain ‑ ‑ ‑

123MR RATTRAY:  Yes, Your Honour, certainly.

124HER HONOUR:  ‑ ‑ ‑ the conditions of that order to him.

125MS HARROLD:  I might be jumping the gun, Your Honour, but there's also the need for a 6AAA declaration.

126HER HONOUR:  Thank you very much. 

127MR RATTRAY:  Thank you, Your Honour.

128HER HONOUR:  Thank you.  In relation to s.6AAA I indicate that, but for your plea of guilty in relation to this offence, I would have sentenced you to a period of two and a half years imprisonment with 16 months non-parole period. 

129So, Mr Birch, you have had those conditions explained to you in relation to the community corrections order.

130OFFENDER:  Yes, Your Honour.

131HER HONOUR:  Are you agreeable to undertaking that order?

132OFFENDER:  Yes, Your Honour.

133HER HONOUR:  Thank you.

134(Orders signed and acknowledged.)

135HER HONOUR:  So, Mr Birch, I did not choose to put judicial monitoring as part of your order.  That would have meant you would have come back to court in front of me.  The reason I have not done that is you have had a long time with this matter hanging over you and I hope now - you are 31 - that you continue to do what you have shown over the last three and a half years and take responsibility for your own good path ahead. 

136OFFENDER:  Yes, I'm glad I haven't left it longer than this, but, yeah, I want to just to be nice, to just go home and just be a happy person.  Just be another person, part of the community.

137HER HONOUR:  Well, good luck with everything.

138OFFENDER:  Thank you, Your Honour

139HER HONOUR:  Undertake your conditions and of course communicate with the Office of Corrections if anything impedes your good performance on that so that it does not get to a breach situation.

140OFFENDER:  Yes.

141HER HONOUR:  I do not want to see you back here.

142OFFENDER:  No, I don't - I don't want to come back.

143HER HONOUR:  All right, thanks to your parents for both being here.

144VOICE (from the body of the court):  Thank you, Your Honour.

145OFFENDER:  Thank you, Your Honour.

146HER HONOUR:  Thanks, Mr Rattray.

147MR RATTRAY:  Thank you, Your Honour.

148HER HONOUR:  Thanks Ms Harrold.

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