Director of Public Prosecutions v Britton

[2023] VCC 63

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-21-01208

DIRECTOR OF PUBLIC PROSECUTIONS

v

KEVIN BRITTON

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JUDGE:	HER HONOUR JUDGE BLAIR
WHERE HELD:	Melbourne
DATE OF HEARING:	24 January 2023
DATE OF SENTENCE:	27 January 2023
CASE MAY BE CITED AS:	DPP v Britton
MEDIUM NEUTRAL CITATION:	[2023] VCC 63

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence

Catchwords:   Plea of guilty – sexual penetration of a child under 16 – production of child pornography – possess child abuse material – indecent act with a child under 16 – elderly accused – early plea of guilty – – Alzheimer’s – Serious Sexual Offender

Legislation Cited:         Sentencing Act 1991 (Vic); Sex Offender Registration Act 2004 (Vic)

Cases Cited:R v Verdins & Ors (2007)16 VR 269; Worboyes v The Queen [2021] VSCA 169; Clarkson v The Queen (2011) 32 VR 361

Sentence:  Total effective sentence: 5 years’ imprisonment with a non-parole period of 2 years and 10 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Miss S. MacDougall	Office of Public Prosecutions
For the Accused	Mr N. Rolfe (Plea) Ms R. Coates (Sentence)	Rolfe Criminal Law

HER HONOUR:

1Kevin Britton, you have pleaded guilty to three charges of an indecent act with a child under 16 (Charges 1, 4 and 5); one charge of sexual penetration of a child under 16 (Charge 2); one charge of production of child pornography (Charge 3); and one charge of possession of child abuse material (Charge 6).

Circumstances of offending

2The circumstances of your offending are contained in the prosecution opening and that was tendered on the plea and marked as Exhibit A. What follows is a summary of that document.

3At the time of your offending, you were between 62 and 65 years old.  You had been in a relationship with Sophie Geddes[1] who was the paternal grandmother of your victim, Dakota Geddes.[2]  

[1] A pseudonym

[2] A pseudonym

4Dakota suffers from autism and dyslexia and was between 12 and 15 years of age when you offended against her.

5Between 2014 and 2017 during your relationship with Sophie Geddes, Dakota frequently travelled from her home in Melbourne to visit her grandmother in Bendigo.  You often spent time with Dakota, you bought her gifts and took her shopping.

6The first incident of your offending occurred between 21 July 2014 and 27 December 2014.  It was in your car when you drove Dakota to go shopping.  Whilst stopped at the red light at an intersection, you touched Dakota’s left breast over her clothing and then slid your hand underneath her clothing and touched her bare right breast (Charge 1- Indecent Act with a Child Under 16).

7You then removed your hand from Dakota's right breast and slid your hand down the front of her pants and played with her and rubbed Dakota's clitoris (Charge 2- Sexual Penetration of a Child Under 16). As the traffic light turned green, you removed your hands and drove through the intersection.

8The second incident of your offending occurred between 21 July 2014 and 27 December 2014.  After you had been shopping with Dakota you drove her back to where you were living in a caravan.

9Once in the loungeroom area of the caravan you asked Dakota to, 'strip.' Dakota did as you asked and removed all of her clothing leaving her breasts and vagina exposed.  You told Dakota she was 'pretty' and told her to 'relax.' You then took approximately 10 photographs of her (Charge 3- Production of Child Pornography). When you finished taking the photos, Dakota said, 'Right we better get back to Nanny's' and you drove her back to her grandmother’s house.  Dakota was 12 when you took these photos.

10The third incident of your offending occurred between 1 April 2016 and 20 June 2016 which was approximately one month before Sophie Geddes died.  You drove Dakota to your unit.  Once inside you told Dakota you 'had a new toy' and you then showed her a video camera that was set up in your bedroom. You turned on the camera and it showed a single bed in the same room.

11Dakota was wearing a purple T-shirt and grey shorts.  She was standing in the bedroom facing the video camera whilst you recorded.  As you and Dakota left the bedroom you told her that she was, 'gonna get a lot out of it.'  When you were arrested by the police the recording you made at that time was located and disclosed your offending.

12Together you and Dakota re-entered your bedroom.  You were both fully clothed and you faced each other.  You then leant in and kissed Dakota passionately on the lips for approximately 30 seconds.  When you stopped kissing Dakota she said, 'But isn't it illegal, if you do, do anything with me?'  You replied, 'No. Not, well it is, but if you said, said something it would be. I'll put, I'll put this out, that's like, that's up to you. If you say something, yeah it is, but if you don't say nothing, then, you know what I mean?'

13You continued to reassure Dakota that she would be able to keep what happened from her Nanny for a long time.  You then removed your singlet and got undressed. Dakota also got undressed.  You said to Dakota that, '...The only reason I'm still with Nanny is because you come up, I look after you anyway.'  When you were both naked you kissed Dakota on the lips and the squeezed her left breast. You turned Dakota so she was facing the camera and continued to fondle her breasts (Charge 1- Indecent Act with a Child Under 16).

14You then said to Dakota, ' ...Say hello to the video…' and Dakota followed your direction and said, 'Hello.'  You giggled and then said, 'Say, "how you're going video?"' Dakota again followed your direction and said, 'How ya going video?'  (Charge 3- Production of Child Pornography).

15You then moved your hand from Dakota’s breast down to her vagina.  You rubbed her vagina and said, 'I’m glad to see you let them grow and didn’t shave them' (Charge 5- Indecent Act with a Child Under 16).  You then squeezed Dakota’s right breast, then cupped her left breast and kissed her nipple (Charge 4- Indecent Act with a Child Under 16).  You continued to kiss her whilst you rubbed her vagina and breasts.

16Whilst penetrating Dakota's vagina with your fingers, you stated, 'Little man in the boat. There it is. Your little clitoris in there.  I'm playing with. The little man in the boat’ (Charge 2- Sexual Penetration of a Child Under 16).

17You told Dakota to sit, then lay on the bed. Dakota complied.  You said, 'What would your Mum do if she knew you were lying here naked?' Whilst lying on the bed, you rubbed Dakota’s vagina with your right hand (Charge 5- Indecent Act with a Child Under 16). Dakota then said, 'Can we not go in?' and you replied, 'We, we, aren't you gorgeous? What, what are you frightened about?'  You continued to rub her vagina and kissed her breasts (Charge 4- Indecent Act with a Child Under 16). Dakota replied, 'I dunno,' to which you responded, 'She'll never know though will she?'

18The video continued; you continued to kiss Dakota whilst your fingers were inside her vagina (Charge 2- Sexual Penetration of a Child Under 16). Dakota says his finger was in there for 'too long.' After a while you asked, 'So we gonna be able to do this again and not video it?'

19Dakota asked if it was time to get dressed.  You sat on the edge of the bed and  said, 'See, I'm not even real big, so when the time comes, it'll be alright won't it?.

20Dakota stood up and began to dress herself.  You told her that you didn't want to wait too long 'coz I might pass away and I'll miss out of having ya, won't I?' Dakota responded, 'Eighteen?' and you said, 'That’s another five….I might be dead by then, might be dead by next year.'  You both left the room and then you returned to turn off the video camera.

21The final incident occurred between 1 January 2017 and 21 July 2017 and again occurred in the car on the way to go shopping.  You drove your white Ford Focus and Dakota sat in the front passenger seat.

22Whilst stopped at a red light at an intersection, you touched Dakota's left breast over her clothing.  You then touched Dakota's right breast underneath her clothing (Charge 1- Indecent Act with a Child Under 16).

23Dakota was wearing leggings.  You pulled them slightly, stuck your fingers down and rubbed and played with her clitoris, then you touched Dakota's 'hole' and 'stuck his finger in.'  Dakota said you put one finger in and said, 'it’s tight' (Charge 2- Sexual Penetration of a Child Under 16). Dakota told you she was a virgin. You rubbed her clitoris until the light turned green, then put your hand back on the steering wheel and continued through the intersection.

Arrest and procedural history

24In 2018, Dakota told her mother that you had taken photographs of her and the matter was ultimately reported to the police. On 6 September 2020 a search warrant was executed at your home, and several items were seized including a Sony video camera and two micro SD cards (charge 6 possession of child pornography).

25You were interviewed by police on 16 September 2020 and made a number of admissions.

Victim impact statement

26The impact of your offending on the victim has been significant.  In her victim impact statement Dakota described that she does not trust anyone anymore, she does not live a full life and is scared to go out in public.  What you have done has caused Dakota to self-harm and she now suffers from post-traumatic stress disorder.  In addition, Dakota has had the ongoing trauma of the unfolding court hearings and has endured several adjournments waiting for resolution of this matter.  I take Dakota's victim impact statement into account when sentencing you.

27I hope that Dakota understands that your plea of guilty is an acknowledgement by you that what you did to her was very wrong and that in this way provides her with validation, vindication and closure that will assist her to heal.

Nature and gravity of offending

28Mr Britton clearly your offending is very serious and that has been conceded by your counsel.  Sexual offending against children is inherently serious.  There is a presumption that children will be harmed and must be protected from premature sexual experience of all kinds.[3] The maximum penalties applicable to your offending are an important yardstick when considering the objective seriousness.  In this regard the maximum penalty for each charge of indecent act with a child under 16 is 10 years' imprisonment, for the sexual penetration of a child under 16, it is 15 years' imprisonment, the production of child pornography is 10 years' imprisonment and possession of child abuse material is 10 years' imprisonment.

[3] Clarkson v The Queen (2011) 32 VR 361.

29Further, in assessing the nature and gravity of your offending I take into account that at the time of your offending Dakota was between 12 and 15 years of age and you were between 62 and 65 years of age.  This represents a significant difference in age.  You were a person of some authority in her life both because of your age and your relationship with her grandmother.  Dakota was vulnerable both because of her young age and also because she suffers from autism, both of these factors were known to you at the time you offended.  In these circumstances, your offending involves a gross breach of trust.  Dakota was effectively in your care at the time you offended against her, and I consider this to be an aggravating feature of your offending.

30Charges 1 through 5 for which you are to be sentenced are, 'rolled-up' charges. This allows multiple instances of similar offending to be dealt with in a single charge and simplifies my task in formulating an appropriate sentence.  I take into account that your offending occurred over approximately three years.  It involved four separate incidents of abuse, which has given rise to six charges and fourteen occasions of offending.  I also take into account that some of the offences were detected upon review of the video recorded by yourself at the time of the third incident of offending.  Additionally, it is apparent that although you retained the video and images, you did nothing to disseminate this material, however you admitted in your record of interview that you had reviewed the video from time to time.  I consider that there is considerable overlap between the charges of production of child pornography, the possession of child abuse material and the offences depicted on the video and by the photographs.  Further, I accept that many of the usual circumstances of aggravation such as the use of force, lack of consent, intent to inflict harm, risk of disease and pregnancy are not features of your offending.

Personal Circumstances

31I turn now to your personal circumstances.  You are currently 71 years of age, and you were aged between 62 and 65 at the time of the offending.

32You were born in Victoria and you are the second eldest of six children.  Your parents and three of your siblings are now deceased. You maintain a good relationship with one of your sisters.

33During your childhood you regularly moved around Victoria due to your father's work as a wood cutter.  Your mother worked in the family home.  You describe your childhood as 'normal' and 'happy' for the most part, though you often lived in poverty and you described your family as 'battlers.'

34You attended school in Inglewood where you struggled somewhat with schoolwork but enjoyed extracurricular activities.  You attended school until Year 7 returning for a time when you were 15 to 16 years of age.  After that time, you undertook no further formal education. 

35You began employment at age 14 working as a woodcutter.  Your work history includes various manual labour positions including cutting wood, picking fruit, factory and quarry work.  Most recently, you worked as a traffic controller for approximately 16 to 20 years prior to retiring in 2021.

36Around 1970 or 1971 at age of 19, you commenced your first sexual relationship with a fourteen-year-old girl whilst you were residing in the same house as her parents.  As a result of this relationship, you were charged with carnal knowledge of a girl aged between 10 and 16 years and sentenced to nine months in a Youth Training Centre.  This does not appear on your prior history that is before the court.

37Your next relationship commenced in your early twenties and was with a fifteen-year-old girl you met whilst living in Kyneton.  This relationship lasted for a few months before you were arrested by police.  You were again charged and convicted of carnal knowledge of a girl aged between 10 and 16 years.  For this offending, you received a term of nine months' imprisonment.

38You then had a relationship with a woman to whom you were married for approximately ten years.  The marriage ended acrimoniously, and you are no longer in contact with your children from this relationship.

39You had another relationship with a woman with whom you had three children. After approximately twenty years together, this relationship also ended acrimoniously, and an Intervention Order was put in place.   You also do not have contact with the children of this marriage.

40At the time the offending against Dakota took place, you were in a relationship with her grandmother, Sophie. You and Sophie had initially connected as you were searching for a friend and eventually the relationship became sexual in nature. You did not live together but spent time together frequently out of the home and Dakota would often accompany you on these outings.

41Currently, you are single and although you are lonely you have not been searching for a companion.  Prior to your remand you were living in a two bedroom unit that you rent privately.  You received the aged pension.  You were independent however you had begun to develop issues both with your physical and mental health.  I was told by your counsel that after your sentence is complete you expect to live with your sister.

Mental and physical Health

42You have experienced health conditions for a number of years including Type II diabetes and gastro-oesophageal reflux disease.  You continue to require medication in order to manage these conditions.  In 2012, you suffered a stroke whilst undergoing cataract surgery which led to vision abnormalities.  Though your medical history notes you have received treatment for depression some years ago, you deny a history of psychological or psychiatric problems nor any significant issues of alcohol or substance abuse.

43As a result of concerns that you had suffered cognitive impairment and decline, a neuropsychological assessment was undertaken.  Connie Tse completed this assessment.  Ms Tse performed a series of tests, reviewed medical and other information, including an MRI and interview with you on 16 March 2022.  A summary of findings are as follows:

(a)   You have a background of a low average premorbid intellectual ability.

(b)   You performed within expectations for a number of cognitive domains including, basic orientation, basic attention span, understanding of social situations and knowledge of conventional standards of social behaviour, aspects of executive functioning including basic abstract concept formation, working memory, visual abstract reasoning and structured category fluency.

(c)   Mild reductions that put you in the below-average range were observed in your information processing speed, visuo-constructional skills and other aspects of executive functions including verbal abstract reasoning and divided attention.

(d)   Profound reductions that put you in the exceptionally low range were evident in your recall of new verbal and visual information, naming and other aspects of executive functions including verbal inhibition and less-structured letter fluency.

(e)   Aspects of your current cognitive profile are suggestive of subcortical and frontal compromise and given your notable vascular risk factors, it is likely these reflect cerebrovascular changes consistent with the MRI brain scan undertaken.  Additional features of your presentation, particularly the nature of your memory, reductions in visuo-constructional skills and naming raise the possibility of the early stage of a neurodegenerative disease of Alzheimer's disease.

(f)    On the basis of all information available to Ms Tse it was her opinion that it is appropriate to describe you a having a multi-domain mild cognitive impairment, which is a condition of a permanent nature.

(g)   A proportion of patients with your presentation do go on to develop dementia over time.  It is not clear if you will develop dementia, only time will tell.  Your condition is irreversible, and you have an increased risk of a progression to dementia which is likely to occur regardless of whether you are in custody or not.

44A thorough and helpful psychological report from Patrick Newton was tendered on your plea.  Mr Newton had the benefit of the neuropsychological report of Ms Tse, medical reports and an interview with you undertaken on 4 April 2022.  He provides a number of very useful opinions including the following:

(a)   You were suffering the ongoing impacts of mild to moderate cognitive deficits such that you presented as mildly confused with some impairment of judgment.

(b)   You do not present with any clinically significant disturbance of mood and no significant anxiety related symptoms and therefore do not meet the criteria for any such disorders.  You are not psychotic and there was no indication that you suffer from a mental disorder.

(c)   You extend the term 'adult' to incorporate physically mature but underage individuals (such as the complainant in this case and others in your earlier offending).  As such you concentrate on physical indicators of maturity and downplay or ignore the importance of emotional and psychological maturity. To this end you require specific education and counselling.

(d)   You do not suffer from a paraphilic disorder of any type and you do not by definition attract a diagnosis of paedophilic disorder.

(e)   A comprehensive review of factors which have demonstrated a strong association with sexual recidivism in adults indicated that overall you would be a moderate risk for sexual recidivism.

(f)    In your case given your limitations and challenges you would benefit from intervention that is delivered in an individual counselling setting rather than through a group-based program.

(g)   Your cognitive deficits, limited social skills and the stigma attached to your offending type would all combine to make you a comparatively vulnerable prisoner.  While the structure of the prison environment may assist with some aspects of your general adjustment, your broader problems would leave you vulnerable to predation from other prisoners.

45Consultant Geriatrician Dr James Wei assessed you in both March and December 2022.  In particular he had the benefit of an MRI brain report performed on 6 April 2022.  It was his opinion that this report revealed features of left occipital infarct, encephalomalacia and significant white matter ischaemia and mild hippocampal atrophy.  It is his view that this is a predominant feature of cerebrovascular injury associated with vascular disease of the brain.

46Dr Wei conducted cognitive screening using the Rowland Universal Dementia Scale and other tests in both March and December.  Your score on the RUDAS and some of the other tests administered was marginally better in December.

47It was ultimately Dr Wei’s impression in December 2022 that you have possible cognitive disease processes; vascular disease of brain contributed by long standing diabetes and large occipital stroke and early Alzheimer's disease.  In addition you still have issues in not monitoring your blood glucose for the management of Type 2 diabetes.

48Recommendations for your ongoing care made by Dr Wei include regular GP consultation for disease management, blood glucose monitoring, cognitive monitoring and taking a bottle a day of Souvenaid which is a nutritional supplement for early stage Alzheimer's disease.

49Although it is not clear whether you will go on to develop dementia it is clear that currently your cognitive state is significantly compromised and I accept the opinion of Dr Wei that you have early stage Alzheimer's disease.  Although it is difficult to predict how this will impact you in the future it is clear that it is irreversible.  I accept the opinion of Mr Newton that your condition will mean that you will be a vulnerable prisoner.  Your counsel submitted that the principles enunciated in the case of Verdins have application in your case.  I accept as a result of your cognitive impairments and the state of your mental health that limbs three and four of Verdins are enlivened in your case and I therefore reduce the weight to be given to general and specific deterrence.  In addition, I accept that limb five has some application, that is I accept that you will be vulnerable in custody and as such will find prison more onerous than someone who does not suffer from your cognitive impairments.

50There was no evidence before me that your physical health would make imprisonment a greater burden for you or that there was a serious risk of imprisonment having a grave effect on your health.  However, I do take into account that your health is significantly compromised in that you suffer from a number of ailments and I take that into account in a general way.

Age

51Your counsel submitted that your advanced age was a relevant sentencing consideration.  I accept this submission.  It is my view given your age and the state of both your physical and mental health, other sentencing considerations should surrender some ground to the need to exercise compassion to take account of the real prospect that you may not live to be released and that your ill health will make your period of incarceration particularly onerous.

52I am mindful that old age or ill health are not determinative of the quantum of sentence.  Additionally, I accept that it may be appropriate in some cases to impose a minimum term which will have the effect that an offender may well spend the whole of his remaining life in custody and that old age and ill health do not justify the imposition of an unacceptably inappropriate sentence.

Onerous conditions in custody – covid

53I take into account that imprisonment generally as a result of the COVID-19 pandemic has been more onerous and there continue to be significant restrictions on visits, courses and other privileges.  I also accept there would be significant worry in being confined during this time for you in particular given your age and vulnerabilities should you contract the virus.

Prior convictions

54As previously mentioned, you do have prior convictions.  In particular the offending in 1973, being five counts of carnal knowledge of a girl between the ages of 10 and 16, is particularly relevant.  However this offending was dealt with 50 years ago and must be seen in light of the lapse of a very significant period of time.

Plea of guilty

55I accept your plea was entered at the earliest possible opportunity following a period of negotiation in relation to the charges.

56Your plea has significant utilitarian value in that it has spared the victim, Dakota, the trauma of having to give her evidence and has spared the court the time and expense of what would have been an emotional and reasonably lengthy trial.

57I also consider that your plea of guilty and partial admissions in your record of interview demonstrate some acceptance of responsibility by you for your offending. They are also indicative of some remorse.

58Although there have been inroads made by the court into the backlog of cases left in the wake of the COVID-19 pandemic, what the Court of Appeal have said in the case of Worboyes v The Queen [2021] VSCA 169 at [39], remains relevant. I therefore give greater weight in mitigation to your plea of guilty recognising that it is a plea that has eased the burden of the backlog of trials. Accordingly, I propose to allow a significant discount for your plea.

Serious Offender Provisions

59You have admitted a prior history that includes five prior convictions for carnal knowledge with a girl between 10 and 16, for which you were sentenced to nine months' imprisonment on each count. Notwithstanding that this matter was dealt with in 1973 by virtue of sub clause (d)(viii) of Schedule 1 of the Sentencing Act, they are considered to be relevant sexual offences for the purposes of the Serious Sexual Offender provisions.  This means that community protection becomes the predominant sentencing purpose.

60Pursuant to s6F of the Sentencing Act 1991 I cause to be entered into the records that for each of the Charges 1 through 6 on indictment L12215792 you are to be sentenced as a serious sexual offender.  I note that s6E applies and that every term of imprisonment imposed by a court on a serious sexual offender for a relevant offence must, unless otherwise directed by the court, be served cumulatively on any sentence of imprisonment imposed on that offender, whether before or at the same time as that term.  That section must, however, give way to some extent to the principle of totality.  In this regard I do consider there to be a degree of overlap between your offending as I have already mentioned.

61The prosecutor, Ms MacDougall, submitted that the Crown were not seeking a disproportionate sentence.

Sentencing principles

62I consider that the relevant sentencing principles that must be applied in this case are general and specific deterrence, albeit they are to be somewhat moderated as a result of my findings pursuant to the principles in Verdins.  Your offending must be denounced by the court, and I do.  Further, I take into account the principles of community protection and just punishment.  Other sentencing principles that I must apply are parsimony, proportionality and totality.

63Mr Britton, after consideration of all of the above matters, including the oral and written submissions of both your counsel and the prosecution, the victim impact statement from Dakota, and all of the tendered material, I have come to the view that the only sentence that can be imposed for the serious offending before the court is one of imprisonment.

64As to the length of the sentence I am about to impose I have had regard to the Sentencing Advisory Council sentencing statistics, in so far as they are able to be of assistance and I have also had regard to comparable cases from both this court and the Court of Appeal.

65Mr Britton in relation to the offending before the court I sentence you as follows.

#	Charge	Sentence		Cumulation
1	Indecent Act with a child under 16 rolled up charge 3 occasions (touching breast underneath clothing)	14 months		5 months
2	Sexual penetration of a child under 16 rolled up charge 4 occasions (digital penetration)	3 years 9 months		Base
3	Production of child pornography rolled up charge 2 occasions (video)	6 months		1 month
4	Indecent Act with a child under 16 rolled up charge 2 occasions (kissing breasts)	12 months		4 months
5	Indecent Act with a child under 16 rolled up charge 2 occasions (rubbing vagina)	12 months		4 months
8	Possess child abuse material	6 months		1 month
Total effective sentence 5 years

66I now turn to the issue of parole.  The purpose of parole is to provide for mitigation of punishment in favour of rehabilitation through conditional release where appropriate.  A non-parole period is the minimum time that I determine justice requires you must serve, having regard to all of the circumstances.  I order that you serve a period of two years and 10 months imprisonment before becoming eligible for parole.  In setting the minimum term I have taken into account all the matters raised during the plea and I consider a longer period of supervision in the community is the best way to achieve community protection in the long term.

67You have now served three days in custody, I declare that this be deducted from the period of imprisonment that I have imposed.

68Pursuant to s6AAA Sentencing Act 1991 but for your plea of guilty, I would have imposed a term of six years' and 4 months' imprisonment, with a non-parole period of four years.

69Pursuant to s 1 of the Sex Offender RegistrationAct 2004 I declare that you are a registrable offender as you have pleaded guilty to one Class 1 offence and three Class 2 offences. Pursuant to s. 34 of the Sex Offender Registration Act 2004 you are required to report for life.

70Now there is some paperwork that will have been generated and I believe will be emailed to the prison and we need you to sign an acknowledgment that you have received the information and I expect that Ms Coates or Mr Rolfe will assist you in respect of giving you some advice about what that involves, what the Sex Offender Registration order that I have made involves.  But I can tell you that upon release from custody, you are going to have to get in touch with the police and you will be required to give them a variety of information.  So you will get a bundle of documents that explain what your requirements are and I am sure that Mr Rolfe or Ms Coates will certainly assist you with that. 

71Now there was an order for disposal that was sought and I propose to make that order and that is in the relation to the micro SD card and the Sony USB card that was seized as part of the search warrant, so I will make that order for disposal. 

72Is there anything further that I have missed? 

73MS COATES:  Nothing further, Your Honour.

74MISS MACDOUGALL:  Nothing further, thank you, Your Honour. 

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