Director of Public Prosecutions v Borg
[2019] VCC 1254
•9 August 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-00033
| (CTH ) DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LUKE BORG |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 May 2019 | |
DATE OF SENTENCE: | 9 August 2019 | |
CASE MAY BE CITED AS: | DPP v Borg | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1254 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – SENTENCING
Catchwords: Guilty plea – use carriage service to procure person under 16 years of age for sexual activity (1 charge) – transmit indecent communications to a person believed to be under 16 years of age using a carriage service (1 charge) – knowingly possess drug of dependence (1 charge) – knowingly possess child abuse material (1 charge) and related summary matters of committing an indictable offence whilst on bail (1 charge) and contravene a conduct condition of grant of bail without reasonable excuse (2 charges) – immediate custodial term of imprisonment imposed
Legislation Cited: Criminal Code (Cth); Drugs, Poisons and Controlled Substances Act 1981; Crimes Act 1958 (Vic); Bail Act 1977 (Vic); Sentencing Act 1991 (Vic); Sex Offenders Registration Act 2004 (Vic); Crimes Act 1914 (Cth)
Cases Cited:R v Gajjar (2008) 192 A Crim R 76; R v De Leeuw [2015] NSW CCA 183; Rampley v R [2010] NSW CCA 293;
Sentence: Term of imprisonment imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms L Monagle | Solicitor for the Commonwealth Director of Public Prosecutions |
| For the Accused | Ms C. Flocke | Giorgianni & Liang Lawyers |
HER HONOUR:
1 Luke Borg, you have pleaded guilty before me on indictment to four charges; Charge 1, using a carriage service to procure a person believed to be under 16 years of age for sexual activity, contrary to s474.26(1) of the Criminal Code (Cth); Charge 2, transmission of indecent communications to a person believed to be under 16 years of age using a carriage service, contrary to s474.27A of the Criminal Code (Cth); Charge 3, knowingly possess a drug of dependence, contrary to s73 of the Drugs, Poisons and Controlled Substances Act 1981; and Charge 4, knowingly possess child abuse material, contrary to s51G of the Crimes Act 1958 (Vic).
2 You have further pleaded guilty to related summary charges: namely, summary charge 7, commit an indictable offence whilst on bail, contrary to s30B of the Bail Act 1977 (Vic); summary charges 8 and 12, contravening a conduct condition of a grant of bail without reasonable excuse, and today an application to transfer further summary offences was made by consent of the parties, and you have indicated through your counsel that you plead guilty to nine summary charges that relate to 8 charges of contravening a conduct condition of grant of bail without reasonable excuse, and one charge of failure to live at the residence that was nominated under the terms of your bail.
3 The offending is serious and that is reflected in the maximum penalties that are prescribed for these offences; for Charge 1, that is 15 years’ imprisonment; Charge 2, 7 years’ imprisonment; Charge 3, one year's imprisonment; Charge 4, 10 years’ imprisonment; and the summary charges, 30 penalty units or 3 months’ imprisonment in respect to each charge.
4 You have admitted your criminal history. There are, I note, no prior sexual offence charges or convictions. There are two prior court appearances, both at Werribee Magistrates’ Court, on 3 August 2018 and 15 August 2018 respectively.
5 In the past you have been dealt with for contravention of a Family Violence Interim Intervention Order for which you received a without conviction adjourned undertaking of one year’s duration, and dishonestly handle stolen goods, fraudulently using number plates and altering a notice authorising registration, for which you received a “without conviction” aggregate fine.
6 There are some outstanding matters that are the subject of a consolidated plea hearing to be dealt with at Werribee Magistrates’ Court on 4 September 2019. That relates to offending that took place on 11 December 2018, 18 March 2018, 25 March 2018, and 29 June 2019, involving further charges of contravening family violence intervention orders, commit indictable offence whilst on bail, and handle stolen goods.
7 I will now proceed to sentence you on the basis of the Crown opening that was read at the plea hearing and is marked as an exhibit.
8 Between 18 April 2018 and 30 August 2018, you were communicating with a person whom you believed to be a 13-year-old female over the internet and via text. You were not aware that the 13-year-old female was an undercover police officer. The offending involved multiple contacts with you engaging in sexualised communications with the underage victim. At the time you were aged 35 years.
Charge 1, procure a person believed to be under 16 years of age for sexual activity.
9 I turn now to the particulars relating to Charge 1, procure a person believed to be under the age of 16 years for sexual activity.
10 On 18 April 2018, a police officer from the Joint Anti Child Exploitation Team engaged with you via the social media app Kik. The undercover police officer purported to be a 13-year-old female, named “Sienna Rose”.
11 During the course of the time you were communicating, you were encouraging Sienna Rose to act in a sexualised manner, including sending her a text message on 22 April 2018 saying, “i really wana see you with those undies off”, to which she replied that she couldn’t send something like that.
Charge 2 - transmit indecent communication with a person believed to be under the age 16 years of age
12 Between 21 April 2018 and 30 August 2018, you communicated with Sienna Rose using Facebook Messenger. On 21 April 2018, as part of the messages, you sent her an image of an erect penis and separately you sent her an image of a male hand holding an erect penis. The following day, on 22 April 2018, you again sent her an image of an erect penis. Charge 2 on the indictment relates to the transmission by you of those three images.
13 You continued to have conversations with Sienna Rose, as detailed in paragraph 15 of the Crown opening.
14 On 17 May 2018, you first introduced the idea of meeting Sienna Rose in person.
15 On 19 May 2018, you instructed Sienna Rose to masturbate herself and again suggested an in-person meeting, saying to her what you would like to do if you met in person, and that is particularised in paragraph 18 of the Crown opening. Sienna Rose stated in the message that her mum would kill her if she saw the messages, to which you replied, and I quote: “Yeah I know sorry, make sure she does not see them.”
16 In late August 2018, you again suggested meeting in person. At that time Sienna Rose agreed to catch the train to Werribee and asked you to meet her at the McDonald’s store.
17 On 30 August 2018 at 11.02am, you sent a message to Sienna Rose stating that you were “out the front”. You were then approached by police officers out the front of the McDonald’s store, Werribee, where you were arrested and cautioned.
18 Police executed a search warrant and seized your Samsung S6 mobile phone.
Possess drug of dependence, Charge 3.
19 You were then taken back to your residence at Werribee, where a further search warrant was executed during which items seized included a clear plastic bottle located in your bedroom containing green vegetable matter. Upon further analysis, that green vegetable matter was found to be cannabis L., that constitutes Charge 3 on the indictment, the possession of a drug of dependence charge.
20 You participated in a record of interview but made no admissions.
Possess child abuse material, Charge 4.
21 Following examination of the items seized from you, child abuse material was located - namely, one image was located on your mobile phone that depicted a naked female child aged between 10 and 15 years of age performing a solo masturbatory act upon herself. The image is classified as Category 2 according to the Australian National Victim Image Library.
Commit an indictable offence whilst on bail, Charge 7.
22 In relation to the summary matters, on 18 May 2018, you entered an undertaking of bail and that undertaking continued to 15 August 2018.
23 Between 18 May and 15 August 2018, you engaged in the relevant communications with Sienna Rose which forms the basis of the offending the subject of Charge 1, and that is the circumstances of Charge 7.
Contravene conduct condition of bail without reasonable excuse, Charges 8 and 12 and additional charges transferred from the MC being 8 charges of failing to report on bail and one charge of not residing at the address noted as a condition of bail.
24 Moving on to Charges 8 and 12 and the additional charges that were transferred, being the eight charges of failing to report on bail and the one charge of not residing at the address noted on the condition of bail. That relates to you failing to adhere to your bail undertaking that you would report to the Werribee police station between 9 and 9 pm every Monday, Wednesday and Friday, and a condition that you do not access the internet or any online service except as specifically provided for.
25 You have not reported to the police station as required on 12 and 15 October 2018, 7 December 2018, and on 13, 15, 18, 20, 22, 25, 27 and 29 March 2019, and you failed to live at the prescribed address on 25 March 2019.
26 You accessed social media applications, namely Facebook, Skout and Waplog, contrary to your condition of bail and that is the summary charge 12.
Victim Impact
27 Offending involving procuring children over the internet is unfortunately becoming increasingly prevalent with the advent of the internet as a means of allowing predators to use the internet anonymously.[1]
[1]R v De Leeuw [2015] NSW CCA 183 at 72 (e) and (f)
28
It is accepted that the fact that there was no actual child victim involved does not exclude imprisonment as a sentencing option. Further, there is no presumption that the offending is less serious than if there is no victim, that is, the recipient was an undercover police officer.[2] The offending is objectively serious, notwithstanding the victim was in fact a covert police officer.
The intended procurement of a child through the use of internet sites is to be condemned.
[2]Rampley v R [2010] NSW CCA 293 at [37]
29 The legislature provided for the offence to be committed in this way in order to enhance the prospects of detection of such offences, to deter offenders, and minimise the use of the internet for the sexual corruption of children.[3]
[3]ibid
30 This type of offence has the potential to cause great harm to children and general deterrence is of particular significance.
31 In sentencing you, therefore, there is a need for the Court to send a clear message that any adult person who makes use of the internet to locate and make contact with a child so as to procure them to engage in sexual activity can ordinarily expect to receive a term of immediate imprisonment.
32 This is because the paramount public interest is one of protection of children from sexual abuse.
33 The victim of the charge the subject of the possession of child abuse material is not known. However, in your actions, by accessing such an image, you have contributed to the exploitation of that child and her abuse.
34 Generally, in cases of this type - that is, where you have been charged with procurement, transmission and also possession of child abuse material - personal mitigatory factors and prospects of rehabilitation must be accorded less weight than might otherwise be given.
35
There are number of features of your offending that must be condemned. You used a false name 'Luke Bowers' in your communication with Sienna Rose via Kik. You were consistently communicating with her in an inappropriate and highly sexualised manner, and you were the one who re-instigated communications with Sienna Rose whenever she did not respond.
Your highly sexualised communications commenced within only a short time of making connection; namely, three days. You requested naked photos and introduced sexualised topics of conversation, and repeatedly suggested that you should meet in person, and you made a number of suggestions as to the logistics for meeting in person.
36
You repeatedly instructed Sienna Rose to engage in solo masturbatory acts, and you told her that you were thinking of her, and that you were explicit about wanting to engage in sexual intercourse with her when you met in person.
You instructed her to keep the communications secret from her mother.
37 You attempted to video chat with Sienna Rose when she was reluctant to send images of herself over the internet. She repeatedly told you that she was under the age of 16, but nonetheless, you persisted in your communications.
38 Those repeated communications on your part to Sienna Rose reveal a persistence in your conduct and a determination to achieve the desired outcome of a meeting with the child whom you knew to be under the age of 16.
39 The nature of the communications that are deemed to be indecent have been particularised in the earlier paragraph of these sentencing remarks. You were a more mature male, age 35, who knew that he was communicating with a child who was significantly younger, at age 13. I am satisfied that your behaviour was for sexual self-gratification, and that you had no regard for the consequential harm that may have been caused to the underage pubescent female.
40 Objectively, Charge 1 is a serious example of that type of offence, given the period over which the offending occurred and the age differential between you and Sienna Rose. Further, it was not an isolated act and you were persistent in making arrangements to meet the child. Your case can, however, be distinguished from conduct at the higher end of the spectrum for this type of offence. There was no deceit in so far as you ultimately did not hide your true identity, nor did you did not seek to provide inducements to the victim.
41 I consider Charge 2 falls at the lower end of the range of seriousness represented in the broad spectrum of cases often seen in this sort of offending.
42 Similarly, Charge 3, the possession of the drug of dependence, falls at the lowest end of the range of seriousness for that charge. I am satisfied the cannabis was in your possession for personal use, and was only a small amount.
43 Insofar as Charge 4 is concerned, there was only one image depicted, but it was classified as Category 2. The possession of the image is separate and distinct conduct and the sentence will reflect that. I accept that it is at the lower end of the scale of seriousness for this sort of offence, which does depict a broad spectrum of offending.
44 Overall, I consider your moral culpability to be high.
45 There is a need for the Court to emphasise general and specific deterrence. General deterrence is acknowledged to be the primary sentencing consideration for this sort of offending,[4] and in these sorts of cases, less weight is accorded to mitigating factors such as prior good conduct.[5]
[4]DPP (Cth) v Hizhnikov (2008) 192 A Crim R 69, 74 [26]; R v Gajjar (2008) 192 A Crim R 76, 81 [27]
[5]Gajjar (2008) 192 A Crim R 76, 81 [28]
46 In relation to the Commonwealth charges, I am required to impose a sentence that is of severity appropriate in all the circumstances.[6] And that requirement must be read together with the need to ensure that you are adequately punished.[7]
[6]s16A(1) Crimes Act (Cth)
[7]s16A(2)(k)
47
I have been guided by the factors set out in s16A(2) of the Crimes Act, and
I have taken those matters into account as they are known and relevant.
48 Ultimately, the Court may only impose a sentence of imprisonment if satisfied no other sentence is appropriate in all the circumstances.
49 Both defence and prosecution counsel agree that a sentence of imprisonment was appropriate. Your counsel sought an immediate release on a Recognisance Release Order.
50
With respect to the State offences, I have had regard to the principles set out in s5 of the Sentencing Act 1991 (Vic) and the factors contained therein, and
I have had regard to the principles of sentencing that apply in this State.
51 I have had regard to your history and background as described by Ms Giorgianni, both in her written submissions and during the course of the plea.
52 You were aged 35 at the time of the offending. You are now 36. It was accepted that your prior convictions for non-sexual crimes were of limited relevance in terms of the sentence to be imposed.
53 I accept that you entered a plea of guilty to the charges on the indictment at the earliest opportunity, at the second committal mention at Melbourne Magistrates’ Court on 11 January 2019.
54 Ultimately, you had your bail revoked on 17 April 2019 because of the breaches of the conditions of bail and the fact that you were charged with further offending whilst on bail.
55 I have had regard to the contents of Dr Aaron Cunningham, consultant psychologist's report. He interviewed you on 17 May 2019.
56 He described a supportive and uneventful early childhood. You were raised by your parents in the Werribee area, and you are the younger of two children.
You have an older sister. You enjoy good relationships with your family members. Your father is in continuing employment as a traffic management person and your mother is now retired.
57 The context of the offending was that you had been unemployed for six to eight months, you were engaging heavily in the use of the drug ice, and you had experienced a chaotic lifestyle with an ‘off-and-on’ relationship with a former intimate partner. That person is the subject of the Family Violence Intervention Orders.
58 You were living between your parents’ home and the home of your former partner.
59 Your parents are present in court today and they remain supportive of you, and are regularly visiting you whilst you are in gaol.
60 You are the father of two children. You have an older daughter, aged 13, who lives with her mother currently. That relationship ended due to your drug use and you have no contact with your child. You have another daughter, aged seven, who currently lives with her maternal grandparents. Your relationship with her mother broke down due to your drug use.
61 You had previously been in a relationship of an intimate nature with another woman, and that relationship ended mid-2018, prior to the offending.
62 You have limited formal education. You left school during Year 11 and worked as a refrigeration mechanic for one year, and then went on to work in traffic management where you have been successfully employed for 18 years with six different companies.
63 You are a person who is considered to be well-regarded in the workplace, and I have read the letters from the Traffic Diversions Group.
64 Mr Raminda Singh, from Sirsa Pty Ltd, has confirmed that there is an offer of employment with his company with a minimum of two days per week and the opportunity to increase your work as a jockey for a driver in the transport industry.
65 You have a troubling history of long-term drug abuse, commencing in your early teenage years, firstly using cannabis, then moving on to amphetamines and then intravenous methylamphetamines. Your consumption of methylamphetamines has continued throughout your adult years, and your drug abuse had escalated around the time of the offending in the context of being unemployed, engaging in a chaotic lifestyle, and generally not coping.
66 Since you have been in gaol, you have remained drug free and this is your longest period of abstinence since your early adulthood. Your goal is to remain drug-free upon on your release.
67 Following the administration of the Risk for Sexual Violence Protocol (“RSVP”), Dr Cunningham concluded that you presented as a low risk of sexual re-offending. His opinion was that your offending behaviour appeared to have occurred in the context of drug abuse rather than sexual deviance.
68 In contrast, Odette Williamson, the clinician who prepared the Specialised Offender Assessment and Treatment Service (SOATS) report dated 18 June 2019, stated in her assessment that you are a moderate risk of reoffending (sexual recidivism).
69 Dr Cunningham said, in the context of methylamphetamines abuse, you were engaging in the on-line conversations of a sexual nature. His opinion is that the increased disinhibition and libido afforded to methylamphetamine abuse would have likely contributed to your offending behaviour. He asserts that you did not present with any obvious sexual deviance of paedophilic tendencies.
70 Overall, I prefer Ms Williamson’s assessment. Having considered her comprehensive report, I am satisfied that her expressed opinion represents a more realistic assessment of your risk. She administered the Static-99 and the RSVP protocol. Hers is a considered analysis of all the factors that have contributed to the offending.
71 I accept her expressed opinion that you show limited insight into your sexual offending and the underlying contributing factors (including the factors that perpetuated the offending and your underlying sexual arousal to an underage victim).
72 I specifically reject Dr Cunningham’s expressed opinion that the motivation for offending can be attributed to your drug use rather than sexual deviance.
I further reject his opinion that you may be prone to contamination in a sex offenders treatment group.
73 Overall, Ms Williamson has assessed you as being suitable for a Sex Offenders Treatment Program, either in custody or in the community.
74 I noted the reference in Dr Cunningham's report to the fact that you suffer some symptoms related to post-traumatic stress disorder, relating to the consequences of a stab wound that you received some 10 to 15 years ago, following a falling out with a friend. You have received some compensation but you have not had any counselling.
75 He says that you appear to be prone to periods of increased depression when exposed to further stress, but ultimately, he concluded you are coping well in gaol.
76 You expressed to him a desire to want to remain drug-free. He concluded that you would benefit from individual psychological intervention to address your prior trauma and current offence behaviour as well as drug and alcohol counselling.
77 Ms Giorgianni made refence, in her submissions, to the matters put on your behalf in mitigation and I accept her submissions.
78 I accept you entered the plea of guilty at an early opportunity, and the plea has significant utilitarian benefit. You have spared the cost and expense and inconvenience of a trial in respect to each of the charges. You have facilitated justice and your sentence will be discounted accordingly.
79 I accept that the plea is evidence of some remorse on your behalf.
80 Ms Giorgianni made appropriate concessions about the breach of bail conditions being an aggravating feature of your offending behaviour.
81 Having regard to your limited criminal history, as well as your motivation and willingness to engage in treatment, being abstinent from drugs, being able to return to stable accommodation and availability of employment, she submitted that you have good prospects of rehabilitation.
82 I am somewhat guarded about your rehabilitation prospects. Currently, in the context of a controlled environment, you are drug-free. Your inability to accept responsibility for the sexual offending and lack of insight into why you committed this offending is troubling.
83 Provided you remain drug-free, and obtain employment and stable accommodation, and commit to the Sex Offenders Treatment Program, I do, however, consider that you have good prospects of rehabilitation.
84 Ultimately, Ms Giorgianni submitted, having regard to the nature of the offending, that it can be assessed as being mid‑range level offending in respect to the Commonwealth offences. In terms of the possession of child abuse material, she submitted it was at the lower end of the scale of seriousness, and therefore submitted that an order that meant that your disposition could be served in the community was appropriate.
85 She submitted that immediate release on a Recognisance Release Order was appropriate in respect to the Commonwealth charges, following the imposition of a term of imprisonment, and that a Community Correction Order was appropriate for the State offences.
86 Ms Monagle, on behalf of the Crown, conceded that the plea of guilty was entered at an early stage and that it did have utilitarian value and was some evidence of contrition or remorse. She highlighted that apart from that, there is no other evidence of remorse.
87 She submitted that general deterrence was of paramount consideration, as well as the need to emphasise specific deterrence.
88 She noted that, whilst you were able to establish good character, ordinarily, less weight is accorded to that having regard to the nature of the offending.
She referred the Court to comparative cases for guidance so as to identify and apply the relevant sentencing principles and to yield a discernible sentencing practice, and possibly a range of sentences against which to examine a proposed sentence.
89 I had regard to all of the submissions. Ultimately, the prosecutor submitted that a term of imprisonment to be immediately served with a non-parole period being fixed was appropriate, but she also conceded that a term of imprisonment with release on a Recognisance Release Order was within the sentencing discretion.
90 Overall, having regard to my assessment of the gravity of the offending and being guided by comparable cases, I do consider that a term of imprisonment is required. As I stated earlier, I propose to make orders in respect of the State offending first, to be followed by the Commonwealth offending.
91 The effect of my orders are that you will be released after serving a combined sentence of one year in respect to both the State and Commonwealth offences, and then you will be released on a Recognisance Release Order for 18 months. The purpose and effect of the Recognisance Release Order is to grant you conditional freedom from its commencement date, and the conditions are you be of good behaviour for a period of 18 months and that you attend for assessment and programs as ordered in respect to the Sex Offenders Program.
92 As has been discussed earlier, if you breach the Recognisance Release Order, you will be brought back before the court and will be dealt with for the breach and be resentenced. The order may be extended or revoked, and you may be required to serve the remaining term of imprisonment. A breach will also mean that you would forfeit the sum of $2,000.
93 Having given your recognisance, either you or the Commonwealth Director of Public Prosecution may apply to vary or discharge the order.
94 I will now make the formal orders. I just ask you to stand now.
95 The penalty for the state offences will be announced first.
96 Charge 3, possess drug of dependence, convicted and discharged.
97 Charge 4, possess child abuse material, convicted and sentenced to three months' imprisonment.
98 In relation to summary charges No.7, 8, 12 and - I know this will sound funny, but I am going to say 5001 to 5009, as that is what our records reflect - you will be convicted and sentenced to an aggregate term of one month's imprisonment. That is to be concurrent with the sentence imposed on Charge 4.
99 The State sentence is a three month total effective sentence, and that is commence from today's date and to run concurrently with the other State sentences imposed this day.
100 The penalty for the Commonwealth offences are as follows.
101
Charge 1, procurement charge, convicted and sentenced to 30 months.
That is two years and six months' imprisonment, that sentence is to commence three months after the commencement date of Charge 2.
102 The court further orders the release of you under paragraph 20(1)(b) of the Crimes Act 1914 after serving six months of the 30 month term of imprisonment, upon you giving security by recognisance of $2,000 to comply with the following conditions: (a) that you are to be of good behaviour for 18 months; (b) that you are to be under the supervision of the Deputy Commissioner, Community Correctional Services and Sex Offender Management and/or his or her nominee for 18 months, and; (c) that you attend for assessment and, if assessed as suitable, for treatment for sex offender's programs to reduce reoffending. The order will be managed by the Werribee Community Corrections service as per the Recognisance Release Order. The Werribee Community Corrections Centre is at 87 Synnot Street, Werribee. You will have to report within two days of your release from imprisonment.
103 The pre-sentence detention to be declared is 114 days, and I direct that that be entered into the records of the court.
104 I make a s.6AAA declaration: but for your pleas of guilty, I would have imposed a term of imprisonment of four years to serve two years.
Serious sexual offender
105 Upon being sentenced to a term of imprisonment in respect to Charges 1 and 4, you are deemed to be a serious sexual offender pursuant to Part 2A of the Sentencing Act 1991 (Vic) and that fact will be noted on the records.
Sex offender registration
106 In terms of the Sex Offenders Registration Act 2004 (Vic), Charges 1, 2 and 4 are Class 2 offences under that Act and are registrable offences. Upon the sentence, you will be required to be a registered offender under that Act[8], and you must comply with the reporting conditions under that Act for the remainder of your life.[9]
[8]s6(1)
[9]s34(1)(c)(iii)
107 I make the order pursuant to s464ZF for the taking of a forensic sample, which application I note was not opposed. And I consider that such order is in the interests of the community. What that means is that at some stage, you will be asked to provide a forensic sample, and that will be by means of a cotton bud being given to you to put inside your mouth. And provided that you comply, that adheres to the order. But otherwise, if you do not comply, that forensic sample can be taken by way of a blood test and reasonable force can be used to effect that. Do we have the s.464ZF Order?
108 MS MONAGLE: I'll follow that up, Your Honour.
109 HER HONOUR: All right. All we have to do to complete the process now is for my associate to provide you with notifications of your obligations under the Sex Offenders Registration Act with the request that you acknowledge receipt. If you would not mind, Ms Flocke, please accompany my associate to that?
110 MS FLOCKE: Yes, Your Honour.
111 HER HONOUR: And also, to have the Recognisance Release Order - that is done. That has been signed.
112 Thank you all for your patience and your assistance this morning. I am satisfied, Ms Flocke, that Mr Borg understands, notwithstanding the discussion?
113 MS FLOCKE: Yes, Your Honour. He does understand.
114 HER HONOUR: Yes. That is good. So thank you. We can adjourn the court.
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