Director of Public Prosecutions v Bourke

Case

[2021] VCC 152

19 February 2021

No judgment structure available for this case.

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 20-01128

DIRECTOR OF PUBLIC PROSECUTIONS

v

JULIAN BOURKE

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JUDGE:

HER HONOUR JUDGE GWYNN

WHERE HELD:

Melbourne

DATE OF HEARING:

21 January 2021

DATE OF SENTENCE:

19 February 2021

CASE MAY BE CITED AS:

DPP v Bourke

MEDIUM NEUTRAL CITATION:

[2021] VCC 152

REASONS FOR SENTENCE

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Subject:  Criminal law

Catchwords:  Burglary; recklessly cause injury; theft

Legislation Cited:  Sentencing Act 1991; Crimes (Mental Impairment and Fitness to be Tried) Act 1997

Cases Cited:  R v Verdins [2007] 16 VR 269

Sentence:  16 months imprisonment; 20 month CCO; $500 fine

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APPEARANCES:

Counsel

Solicitors

For the Director of Public Prosecutions

Ms T. Saville

Office of Public Prosecutions

For the Accused

Mr R. Thyssen

Victoria Legal Aid

HER HONOUR: 

1Julian Joseph Bourke, you have pleaded on indictment to one charge of aggravated burglary, one charge of recklessly cause injury and one charge of theft.  The offending that gives rise to these charges occurred in the late hours of 25 and the early hours of 26 March 2020. In sentencing you for these crimes I must have regard to the maximum penalties for the offences.  The maximum penalty for aggravated burglary is 25 years imprisonment, for recklessly cause injury it is five years imprisonment and for theft it is 10 years imprisonment.

2The circumstances of your offending are set out in a document entitled “Summary of Prosecution Opening for Plea” dated 12 January 2021.  It is a detailed document and represents an acceptance by you of all the elements of the offences to which you have pleaded guilty and the factual basis on which I am to sentence you. 

3In brief terms, the victim of your offending was Mr John Turner.  He was employed as a computer technician for a computer repair business called Computer Tech Support located in Maude Street, Shepparton.  You were residing in Shepparton at the time with your parents as I understand it. 

4On 20 March 2020, you attended an appointment at Computer Tech Support and were served by Mr Turner.  You brought with you two mobile phones that you told Mr Turner had been hacked.  Mr Turner estimates that consultation took at least an hour and that during that consolation you told him that someone had put lasers on your roof.  He described you as appearing both nervous and as ‘scattered’.

5At approximately 10.30 pm on Wednesday, 25 March, Mr Turner was at home alone at his apartment in Shepparton. 

6Between that time and 12.15 am on the Thursday, 26 March, he was awoken by a loud bang.  Shortly after he saw a man standing in his bedroom who he immediately recognised as you, the customer he had helped with the hacked mobile phones. 

7You shouted at Mr Turner, 'Where's my Bluetooth speaker'.  He replied that he did not know.  You then punched him with a closed fist to the left side of his face between 10 and 20 times.  You repeatedly asked 'Where's my Bluetooth speaker?' The punches were described as heavy and constant and were all to the left side of his face.  Mr Turner told you he was sorry and you eventually stopped punching him.  You then left the bedroom. 

8Mr Turner got up to put clothes on but a short time later you returned to his bedroom and told him he did not need to do that and that “f you go to the police, I will take care of you'.  You said to Mr Turner that you were sorry it had come to this but people needed to stop taking your things and putting lasers on your roof.  You then finally left the apartment.

9Mr Turner drove himself to the Goulburn Valley Health Emergency Department where he was treated for his injuries.  These injuries included a broken nose, a broken left eye socket, bruising and swelling to his left eye.  He required corrective surgery for his facial fractures at The Royal Melbourne Hospital on
3 April 2020.  Your entry to his home comprises the charge of aggravated burglary.  The charge of recklessly cause injury includes those injuries which I have just detailed. 

10When Mr Turner returned home from hospital, he realised that his Bluetooth receiver had been taken from his apartment.  You have pleaded guilty to the theft of this item, being the charge of theft on the indictment.

11Mr Bourke, this is obviously serious offending.  Mr Turner was particularly vulnerable as he was in bed and in his own home, an environment in which he is entitled to feel safe, when you broke in in the early hours of the morning with an intention to assault over what would appear to be a delusionary belief.  Your demand for your Bluetooth speaker had nothing to do with your previous contact with Mr Turner.  On any view of it, your presentation was erratic, irrational and bizarre.  I have little doubt that Mr Turner would have been confused as well as fearful, if not terrified, by your presence in his home and the injuries you inflicted upon him.

12For him the ramifications of your actions on 26 March 2020 have been ongoing. 

13A victim impact statement authored by Mr Turner was tendered at your plea hearing.  The purpose of a victim impact statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them. 

14In his statement Mr Turner refers to feeling unsafe in his home, hardly surprising, and needing to move address as a result. He has had difficulty sleeping, he has had ongoing difficulties with his vision.  He has isolated himself from friends and family.  It is clear from his statement that he has been profoundly affected by your offending, both physically and mentally.  Sadly for Mr Turner, the impact of your offending against him is likely to endure for some time. 

15You were arrested by police on 26 March 2020 and taken to the Shepparton police station.  You were interviewed with the assistance of an independent third person.  During that interview you denied any involvement in the offences but told police that when you discovered that your Bluetooth speaker had been stolen, you drove to a nearby block of units and loudly demanded that the occupants return it, before you then returned home and finding your speaker there. That interview also included references to your belief that your phone had been hacked, that people were watching you in the shower and generally, and that people were following you and in the roof at your parents' premises. 

16Problems with your mental health were apparent in the offending itself and your police interview.  I will return to this topic as it has a substantial role to play in the sentencing process. 

17The charges on the indictment resolved in December 2020 after an initial directions hearing and a referral into the Court's Emergency Case Management stream. You were arraigned at case conference on 17 December 2020 at which times those pleas of guilty were entered. 

18The Sentencing Act obliges me to take into account the stage at which you entered such pleas.  Your counsel submits that although your plea was not at the earliest stage, it is indicative of some remorse and is of significant utility.  I do accept that there is significant value in saving the victim the need to give evidence at trial, particularly having been appraised of the contents of his victim impact statement.  There is also utilitarian value in saving the community the expense of contested proceedings. 

19I note also that your plea of guilty has occurred in the context of the COVID-19 pandemic.  It has additional utilitarian value as it has provided certainty and finality to all parties in circumstances where the court's operations have been significantly disrupted and many trial dates remain as yet unfixed.

20Whilst remorse is somewhat harder to discern, I do accept that you do take responsibility for your actions. 

21These factors will be taken into account in your favour. 

22In terms of your criminal history, you have a limited, though relevant, criminal history, dating back to 1994. 

23On 20 September 1994, at the Benalla Magistrates' Court, you were placed on an adjourned undertaking without conviction for a period of 12 months in relation to a charge of unlawful assault. 

24On 12 September 1995, at the same court, you were fined an aggregate of $200, again without conviction, for various public order offences.

25You would have been 19 and 20 years of age at the time of that offending and given the penalties imposed, they appear to be reflective of youthful indiscretions. 

26There is then a period of some 21 years during which you managed to remain offence free. 

27On 13 September 2016, you were dealt with in the Shepparton Magistrates' Court for wilful damage valued of less than $500 and also for wilfully damaging property.  You were fined at that time the amount of $300, also without conviction.

28On 16 May 2017 you were again before the Shepparton Magistrates' Court in relation to charges of unlawful assault and the aggravated assault of a female and were fined $1,000, again without conviction. 

29On 15 November 2017 you were dealt with at the Melbourne Magistrates' Court for unlawful assault and were placed on an adjourned undertaking for 12 months to continue treatment as required.

30Your most recent appearance, apart from the one before me, was also at the Shepparton's Magistrates' Court on 16 August 2018.  You received an aggregate term of 15 months imprisonment with a non-parole period of six months for charges of intentionally causing injury, committing an indictable offence whilst on bail, unlawful assault and intentionally damaging property. I am told that you served the entirety of this sentence as you did not receive parole.  That would mean that when you were ultimately returned to the community, it would have been without the supervision, treatment and importantly, the protection that parole would otherwise offer. 

31Whilst you are not to be punished for this history a second time, it is relevant to my assessment of the weight to give specific deterrence - that is putting you off further offending - denunciation and the need to protect the community from you.  In addition, it assists with the assessment that I need to make as to your prospects for rehabilitation, all are relevant to the sentencing task as it applies to you.

32Tendered on your plea was a report authored by Dr Fiona Best, forensic psychiatrist dated 27 November 2020 in which she helpfully sets out your personal background. 

33You are now aged 45, having been born on 27 September 1975.  You were 44 at the time of your offending.  You were born in Euroa to your parents, Darryl and Pamela, and have one older brother.  You describe your early home life to Dr Best as 'alright’ and ‘fairly okay'.

34In terms of your education, you report being an average student but you did ultimately complete year 12 at boarding school in Kilmore.  After some tertiary study, including a TAFE business management course, you joined the Royal Australian Airforce at the age of 21 years.  In that capacity you were employed on four occasions on both combat and peace-keeping missions to East Timor in 1999 and 2003, Afghanistan in 2010 to 2011 and Malaysia in 2014.

35You reported to Dr Best that you became mentally unwell in 2011 and were diagnosed with post-traumatic stress disorder, major depression and anxiety.  You were in fact medically discharged on the grounds of mental illness from the RAAF in November 2015. 

36Your prior criminal history reflects that support base which your time in the defence force provided to you, as well as with your difficult in re-integrating back into the community upon your discharge.  There was no criminal behaviour during your time with the RAAF and it recommenced upon your return from your time with the armed forces.

37After leaving the RAAF you lived in Melbourne initially in a house in Point Cook that you purchased after your first deployment and subsequently in a flat you rented in Richmond.  You report that prior to being incarcerated you were in receipt of the disability support pension on the grounds of your mental illness.  You have not worked since you were released from the RAAF.  Indeed, and the proper word is being discharged, since being discharged, you have had admissions to the Defence Force acute psychiatric inpatient unit and to an acute psychiatric inpatient unit at the Austin Hospital directly related to your accepted diagnosis of post-traumatic stress disorder.  This diagnosis is a direct result of the trauma you experienced during combat and peacekeeping tours.  You have sporadically seen a psychiatrist since 2017 at the Melbourne Clinic.

38You also have a long association with the use and abuse of alcohol, amphetamine and methamphetamine.  It would appear that your primary problem would appear to be with alcohol. 

39On the basis of her assessment of you on 21 November 2020, collateral materials including medical records, and a report of your earlier treatment psychiatrist, Dr Arthur Velakoulis, Dr Best confirmed your diagnosis of post-traumatic stress disorder, alcohol use disorder and stimulant disorder. Both alcohol use disorder and stimulant use disorder were in early remission in a controlled environment directly related to your present remand.  She described your post-traumatic stress disorder as being both protracted and chronic. 

40At the time of Dr Best's November report, you were being prescribed escitalopram and quetiapine at night, though you report having missed the night-time quetiapine on the day of your offending. 

41On her assessment at that time, and having access to your record of interview with police, Dr Best was concerned that you were not in fact fit to be interviewed at that time as your mental capacity was compromised by active symptoms of post-traumatic stress disorder.

42At your initial plea hearing commencing on 21 January 2021 your counsel submitted that these diagnoses enliven the principles set out in the decision of R v Verdins [2007] 16 VR 269. Specifically, it was submitted that your post-traumatic stress disorder and related issues may reduce your moral culpability, thus reducing the need for both just punishment and denunciation. Secondly, it was submitted that the severity and nature of your condition should ameliorate general deterrence as a sentencing consideration and that specific deterrence could also be moderated. It was also submitted that your mental illness would mean that any sentence will weigh more heavily on you and that there is a real risk that your mental health would be severely adversely affected by your incarceration.

43Dr Best's report dated 27 November 2020 did not specifically address these issues and time was sought for an additional report.  It was also hoped that the period of the adjournment between January of this year and today's date would allow further information to be gained as to your available accommodation and treatment options upon your eventual release.

44A further report from Dr Best dated 16 February 2021 has now been tendered on your behalf.  At the time of her assessment conducted on the same date,
Dr Best made the following observations - she did not view that your prescribed medications in custody, particularly your current dose of antipsychotic, was at a therapeutic level and was of the view that your psychotic symptoms are unlikely to abate without assertive treatment.  She was concerned that you had not accessed a psychiatrist during your remand and, whilst she observed your stream of thought to be normal and that there was no thought disorder, she did see evidence of ongoing psychosis. 

45I find these observations to be of particular concern in relation to your present health and wellbeing and, importantly, for your safe transition into the community. 

46You reported to Dr Best that your belief at the time of your offending was that you were entering premises which you believed belonged to members of a bikie gang who had been persecuting you for some eight months.  You believe these people had been using lasers to watch you, had been getting into your parents roof and stealing money from your bank account and hacking into your mobile phone. Her initial report together the account you gave at your record of interview, is generally consistent with these continuing delusions. 

47In Dr Best's unchallenged opinion, the circumstances of the offending as you reported to her, combined with your record of interview with police on the same day, which she described as “thought disordered with loosening of associations, derailment and tangentiality” leads her to the view that your offending occurred in circumstances where there was a direct connection between that offending and your mental illness.

48Dr Best is essentially of the view that you would have a defence of mental impairment available to you under the Crimes (Mental Impairment and Fitness to be Tried) Act 1997 and that you did not know that the nature or quality of your conduct was wrong and that psychotic symptoms of paranoid delusions and auditory hallucinations at the time of your offending meant you were unable to reason with any degree of sense and composure about the wrongfulness of your conduct.  If Mr Turner can find any comfort, it would appear that he was not actually a target, you were delusional at the time of your offending.

49Dr Best's opinion is something that you have discussed with your legal representatives and you wish to maintain your current plea of guilty and finalise these matters. 

50Of additional relevance to the sentencing exercise is that
Dr Best opines that your impaired mental functioning as a consequence of your mental illness, referencing your long history of post-traumatic stress disorder, means that any custodial sentence will weigh more heavily upon you than on an individual without these difficulties.  Further, it has potential to have an adverse effect on your mental health and prevent you from accessing appropriate treatment.

51I am satisfied based on her reports that your moral culpability for your offending is significantly reduced and that the weight to be given to both general deterrence and specific deterrence should be moderated.  It also impacts on the need for denunciation and what is properly described as just punishment.  In addition, I am satisfied that any sentence weighs more heavily upon you and that there is a serious risk that imprisonment will have a significantly adverse effect on your mental health, particularly in circumstances where expert opinion is that you are not satisfactorily medicated or treated.

52Your vulnerability in custody is partly reflected in your report that you have been assaulted in custody.  You are a target for others and you have had your property stolen on a number of occasions. 

53Where that raises obvious concern is how best to protect the community.  This seems to be capable of being addressed providing your mental health care needs can be  accomodated in terms of access to treatment and appropriate medication and your willingness to embrace that treatment and medication.

54Dr Best opines, and I quote:

'Without targeted treatment, Mr Bourke's risk of future violent offending is likely to remain moderate and may become high if he is substance affected'. 

55Dr Best recommends specialist treatment for your post-traumatic stress disorder immediately upon release.  This is treatment which you have accessed in the past.  Dr Best further notes that ceasing substance use is likely to reduce your risk of relapse and prevent worsening mental health.  These observations are perhaps obvious.  It is essential to your successful transition into the community and the reduction of the risk you would present to members of the community that you avoid alcohol and drug use.

56Your two most recent experiences of incarceration should at least inform you that you need to ensure that you have mental health treatment and need to ensure that you are best-placed to receive that treatment by avoiding drugs and alcohol.  You otherwise risk return to custody and more importantly place members of the community at risk.  I hope you are coming to understand that equation, Mr Bourke. 

57I have received and read character references submitted on your behalf from each of your parents, who were present for your plea hearing and remain supportive of you.  I have also received character references from Bruce Davis, Vice President of the Shepparton RSL sub-branch and from friend, Rebecca Harding who also served with you as I understand it.

58Also tendered on your behalf were certificates attesting to your service in the RAAF and to the competence, leadership and positive attitude that you demonstrated in the execution of your duties on behalf of this country.  That assessment of you stands independently from the unfortunate consequences from that dedicated service which are now presenting in terms of your mental health. 

59Your referees each speak to the difficulties you have faced as the result of your mental illness.  It is clear that you remain well supported by both friends and family.

60Your counsel submitted that a proper consideration of all relevant sentencing factors would make you eligible for what is described as a combined sentence, that is a combination of a term of imprisonment with the supports of a community corrections order upon release from any term. 

61Section 44 of the Sentencing Act 1991 states that when sentencing an offender in respect of one or more than one offence, a court may make a community corrections order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served after deduction of any time that has been served is one year or less.

62The submission on behalf of the prosecution, even bearing in mind the substantial materials tendered on your behalf in relation to your severe mental illness, is that only a head sentence with a non-parole period would properly address relevant sentencing factors. 

63In light of these submissions, and in order to be better informed, I did request an extended pre-sentence report as to your suitability for a community corrections order. 

64I have received an extended pre-sentence assessment outcome report, dated 15 February 2021. 

65The author of that report recommends that you participate in treatment and rehabilitation in relation to both drug and alcohol use.  The report describes the experience you have had in re-integrating back into civilian life as one in which you miss the routine, sense of purpose and companionship you enjoyed in a 20-year-long career in the armed forces.  The absence of this in your life combined with your recognised diagnosis of post-traumatic stress disorder and its presenting symptoms have impacted on your sense of identity. Fortunately, you do identify ongoing engagement with psychological support as a key factor to your recovery and behaviour change.  With that in mind, the report before me recommends a mental health condition to any community corrections order.  It was anticipated that you would return to accommodation in Richmond provided through Anzac House.  You are well familiar with this environment and in my view it provides you with additional support. 

66Today I have received a letter authored by Wendy Bateman, Manager for Health and Wellbeing through RSL Victoria dated 22 January 2021.  That letter confirms that you do have accommodation available to you until 19 February 2022. As I have already referred, you are well familiar with that accommodation and it offers you considerable support.  It offers you considerable support because you will also be linked in with Open Arms - Veterans & Families Counselling.  You will be also linked in with RSL veteran services and a qualified and experienced mental health social worker.  You are certainly prepared to embrace those supports as I understand it.

67You are assessed as suitable for a community corrections order with conditions that do include supervision, drug and alcohol treatment, mental health treatment and programs designed to reduce your risk of reoffending.  It was also recommended that judicial monitoring be included.  This would require you to appear before me regularly so I can in effect keep an eye on how you are managing any corrections order and I can keep an eye, in effect, on community corrections to make sure that necessary services are being applied.

68The basic purposes for which a court may impose sentence include just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.  Provided that there are appropriate supports, you do still show, in my view, prospects for rehabilitation.  In sentencing you, I must have regard to a range of matters such as the seriousness of your offending, your culpability for it, your personal circumstances and those of your victim,
Mr Turner.  I am required to balance the interests of the community in denouncing criminal conduct with the interests the community clearly has in seeking to ensure, as far as can be possible, that offenders are rehabilitated and are reintegrated into society.

69I have also taken into account the relevant sentencing purposes referred to in s.5 of the Sentencing Act.  I have taken into account current sentencing practices for the offences to which you have pleaded guilty.  I sentence as follows.

70On Charge 3, theft, you are convicted and fined the amount of $500. 

71On Charge 1, aggravated burglary, you are convicted and sentenced to 16 months imprisonment of which 329 days are reckoned as having already been served. 

72On Charge 2, that of recklessly cause injury, you are convicted and placed on a community corrections order for a period of 20 months.  Whilst this order will hang over your head for a considerable period time, thereby constituting punishment, there is merit, in my view, in this order being largely therapeutic. Accordingly, the conditions are those that are recommended.  That is, you are to submit for treatment and testing in relation to alcohol and drug use, you are to be supervised by the Office of Corrections, you are to submit for mental health treatment and programs designed to reduce your offending.  Further, you will appear before me regularly for judicial monitoring.  As I have said, this will ensure your compliance but also that intended interventions with regards to your support and treatment are occurring in a timely manner.  Dr Best's report would indicate that this is essential.

73In addition to the conditions that I have imposed, there are standard conditions on a Corrections order.  The first and foremost of those is you must not commit any other offences during the 20-month period which could be punished by imprisonment.  You must also report within two working days to your local Office of Corrections which I understand in your case is likely to be Melbourne.  You are also required to advise your supervising Corrections Office of any change of address of where you are living or working and need to do that within two clear working days. It is a term of all community corrections orders that you submit to visits as directed and obey all instructions and directions of a community corrections officer.  You are not able to leave the state of Victoria without the prior permission of your supervising office. 

74In my view, Mr Bourke, this order presents you with a chance to change your life in a positive fashion should you choose to take up that opportunity and the supports that must be made available.  The order can be breached if you do not comply with it in terms of the conditions I have imposed or reoffend whilst it is in place.

75If there is a breach of the order you will appear before me for breach proceedings.  I may have to re-sentence you for the original charge and I may have to sentence you for a separate charge of contravening the order.  Now, I can only place you on that order if you agree to be placed on that order.  Do you wish to speak to Mr Thyssen about that?

76OFFENDER:  No, I agree with you, Your Honour.

77HER HONOUR:  All right, I will need to fix a date for you to come back in front of me.  I will return to that in a moment. 

78Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed if you had not pleaded guilty to the charges. This is a somewhat difficult task in circumstances where there have been a range of matters I have taken into account. But of particular relevance has been your mental health. Pursuant to s.6AAA of the Sentencing Act, I direct that were it not for your plea of guilty, I would have sentenced you to a total effective sentence of two years and six months imprisonment with a non-parole period of 18 months imprisonment.

79Now, I will just find a date for you to come back in front of me.  It is a bit hard to know when you are likely to be released because whilst I have imposed 16 months and reckoned 329 days, it is likely you are going to access emergency management days which is not a factor I could take into account in relation to sentence but I am going to have to do a best guess in relation to when is an appropriate time for you to come back in front of me.  It may well be we are looking to July.

80I will ask you to come back in front of me fairly shortly after you are released because that is the hardest part ‑ ‑ ‑

81OFFENDER:  Yep.

82HER HONOUR:  ‑ ‑ ‑ when you are first released.  That is when there is temptation, Mr Bourke.  That is when I have seen people stuff up pretty quickly because they think it is all right just for the first little while to be a little bit reckless, you cannot afford to be reckless.

83OFFENDER:  Yep.

84HER HONOUR:  You understand?

85OFFENDER:  Yes, Your Honour.

86HER HONOUR:  So, I am going to fix a date in August, perhaps towards the end.  I am going to ask that you appear in front of me for judicial monitoring on 23 August.

87OFFENDER:  Yep.

88HER HONOUR:  I can tell you now, that can be done remotely, as in via video link.

89OFFENDER:  Yep.

90HER HONOUR:  It is a bit hard for you to know at this stage how you are going to access that.  And on any appearance before me, I get a report from the Office of Corrections about how things have been going.

91OFFENDER:  No worries, yes, Your Honour.

92HER HONOUR:  You will also get a copy of that report and you and I will talk about what has been going on effectively.

93OFFENDER:  Yes, Your Honour.

94HER HONOUR:  All right, so you will effectively need to touch base in advance of 23 August to see how that hearing will take place.

95OFFENDER:  Yes, Your Honour.

96HER HONOUR:  I will let you speak to Mr Thyssen in a moment because you are agreeing to the order, I can take it that you are agreeing to the order but there will be documents that will come through that you will need to sign.  Once they are printed out, I will get Mr Thyssen to go through those with you to make sure that you do understand them, that is all right with you, isn't it Mr Thyssen.  Yes, I have learned to lip read during the pandemic, I think that was a yes, Your Honour.  Before I disappear, Mr Bourke, did you have any questions for me?

97OFFENDER:  No, no, Your Honour, I'll just talk to Robert, thanks.

98HER HONOUR:  Yes, that is fine.  Ms Saville, anything I missed?

99MS SAVILLE:  No, Your Honour.

100HER HONOUR:  All right, Mr Thyssen.

101MR THYSSEN:  Yes, thanks, Your Honour.

102HER HONOUR:  All right, well in a moment I will close the court and you will have the chance to speak with your client and I will ask that you go through that order with him.  If there are any difficulties with that I can easily return.

103MR THYSSEN:  Thanks Your Honour.

104HER HONOUR:  I do thank the parties for their assistance in relation to this matter and at this stage I will close the court till 10.30 on Monday, thank you.

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