Director of Public Prosecutions v Broughton
[2022] VCC 2305
•16 December 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-01936
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TROY BROUGHTON |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 October, 9 November & 7 December, 2022 | |
DATE OF SENTENCE: | 16 December 2022 | |
CASE MAY BE CITED AS: | DPP v Broughton | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2305 | |
REASONS FOR SENTENCE
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Subject:Criminal law - Sentence
Catchwords: Plea of guilty following sentence indication – destroying property – conduct endangering persons – prohibited person possess firearm – making a threat to inflict serious injury – causing injury intentionally – common law assault – damaging property – false imprisonment – unlawful assault – victim of offending intimate partner – relationship marred by jealousy and controlling behaviour – abuse of alcohol and poly-substance drug abuse – relevant prior history of similar patten of behaviour in context of long-standing drug use – cognitive functioning in the borderline range – paramount sentencing considerations of deterrence, denunciation and just punishment
Legislation Cited: Crimes Act (Vic) 1958; Sentencing Act (Vic) 1991
Cases Cited:
Sentence: Total effective sentence of four years and five months’ imprisonment, with a non-parole period of two years and six months fixed
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms F. E. Holmes | Office of Public Prosecutions Victoria |
| For the Accused | Mr T. Brown | Emma Turnbull Lawyers |
HER HONOUR:
1Troy Broughton, following a sentence indication hearing before me[1], you entered a plea of guilty to the following offences:
[1]Sentence indication hearing held on 24 October 2022
(a) destroying property contrary to s 197(1) of the Crimes Act 1958 (‘the Act’), the maximum penalty for which is 10 years' imprisonment (Charge 1);
(b) conduct endangering persons contrary to s 23 of the Act, the maximum penalty for which is 5 years' imprisonment (Charge 2);
(c) being a prohibited person in possession of a firearm contrary to s 5(1) of the Firearms Act 1996, the maximum penalty for which is 10 years' imprisonment or 1200 penalty units (Charge 3);
(d) using a firearm with reckless disregard for safety contrary to s 130(1B)(b) of the Firearms Act 1996, the maximum penalty for which is 10 years' imprisonment (Charge 12);
(e) three charges of making a threat to inflict serious injury contrary to s 21 of the Act, the maximum penalty for which is 5 years' imprisonment (Charges 4, 8 and 11) ;
(f) causing injury intentionally contrary to s 18 of the Act, the maximum penalty for which is 10 years' imprisonment (Charge 5);
(g) assault contrary to the common law, the maximum penalty for which is 5 years' imprisonment (Charge 6);
(h) two charges of damaging property contrary to s 197(1) of the Act, the maximum penalty for which is 10 years' imprisonment (Charges 7 and 10);
(i) two charges of false imprisonment contrary to common law, the maximum penalty for which is 10 years' imprisonment pursuant to s 320 of the Act (Charges 9 and 13); and
(j) possession of a drug of dependence contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for which is 1 year’s imprisonment and/or 30 penalty units (Charge 14).
2You have also pleaded guilty to a related summary offence of unlawful assault contrary to s 23 of the Summary Offences Act 1966, the maximum penalty for which is 3 months' imprisonment and/or 15 penalty units (Summary Charge 30).
3You were born in December 1986. The charges relate to offending between October 2020 and January 2021 when you were between 34-35 years of age and living with your father in Dandenong North.
4You have admitted a prior criminal history.
5The victim of your offending was your intimate partner at the time, Ms Alexandra Mayes.[2] She was nearly 21 at the time of your offending and had a son from a previous relationship. You had commenced a relationship with Ms Mayes in August 2020. Leading up to this offending, the relationship between the two of you had soured, and you had begun to display possessive behaviours towards her.
[2]A pseudonym.
Circumstances of the offending
6The circumstances of your offending are set out in the Prosecution Summary for Plea dated 6 December 2022, which is the agreed basis upon which you are to be sentenced.
7The charges represent seven separate incidents of offending between 20 October 2020 and 13 January 2021.
20 October 2020
8The first incident occurred on 20 October 2020 when Ms Mayes visited you at your home in Dandenong North, together with a friend of hers, Skye Somers.[3] At that time, Ms Mayes was working as a nail technician.
[3] A pseudonym
9The three of you were talking in the garage when you began to argue with Ms Mayes. At one point, she believed you were going to hit Ms Somers and so she moved to stand between the two of you. Enraged, you pushed Ms Somers, then grabbed Ms Mayes’ nail box out of the car and threw or kicked it, causing the nail box to break and its contents to spill onto the ground of the garage. As Ms Somers attempted to pick it up, you stomped on the box, causing damage to the items inside it, including a UV dryer and nail polish. This is the conduct giving rise to Charge 1 – destroying property and the summary offence of unlawful assault in respect of Ms Somers – summary Charge 30.
10After doing this, you grabbed Ms Mayes, first by the front of her jumper and then by the neck and began strangling her, lifting her up off her feet, preventing her from breathing. Ms Mayes was coughing and gasping for air. You then threw her on the ground, causing her to land on her backside. Ms Mayes then vomited on the ground. This conduct gives rise to Charge 2 – reckless conduct endangering serious injury.
11Following this incident, Ms Somers ran from the house to a nearby park, and called for a friend to collect her and Ms Mayes . She saw red marks around Ms Mayes’ neck cause by the choking.
12Ms Mayes did not say or do anything following this incident as she did not want to anger you. However, after this you became more possessive; calling Ms Mayes multiple times a day to know where she was, and to find out what she was doing. You told her she was forbidden from meeting with other males, particularly her former partner, with whom she still had a friendship.
3 November 2020
13The second incident occurred on 3 November 2020 when Ms Mayes was at her mother's home in Cranbourne West. Her former partner was also present at the house. You argued with Ms Mayes about going out and told him to leave. As he began to, you followed him out of the house. You were carrying a handgun. You told him to leave otherwise 'I'll do it', meaning you would shoot the gun. This threat is the subject of Charge 4 – threat to inflict serious injury.
14Ms Mayes told you not to fire the gun while her son was inside the house. You then raised your arm in the air and discharged the firearm. Ms Mayes was standing next to you. This incident was captured on CCTV footage. You were prohibited from being in possession of a firearm at the time. This conduct gives rise to the charge of being a prohibited person in possession of a firearm - Charge 3.
15After firing the gun, you jumped in your car and drove off.
18 November 2020
16On the evening of 18 November 2020, Ms Mayes was at her mother's home with her friend, Ms Somers. You rang her, demanding to know if she was with her former partner and the two of you argued. You then attended the home at 2 am on 19 November 2020, and Ms Mayes went out to your car. The two of you continued arguing and you accused Ms Mayes of cheating on you with him.
17During the argument, you scratched Ms Mayes’ neck, grabbed the back of her head with your hand and then hit her head against the front passenger window a number of times. As she tried to protect herself with her hands, you pushed her arm out of the way and punched her with your fist to her right cheek. This act caused her right tooth to penetrate her lip. You then punched her again to the same side of her face, causing bleeding and pain. This conduct gives rise to the charge of intentionally causing injury - Charge 5.
18You agreed to take Ms Mayes to a service station where she called her mother. Her mother then collected her from your house. She returned to her mother's home where Ms Somers observed bruising and red marks to the side of Ms Mayes’ face and a swollen eyebrow and a swollen and cut lip.
20 December 2020
19On Saturday, 19 December 2020 you were with Ms Mayes at her mother's home when you had a further argument. You took Ms Mayes’ phone and house keys and left in your car in the early hours of 20 December 2020. Ms Mayes and her mother began searching for you, and found you parked in Cranbourne West. They pulled their car in front of yours, blocking its path. Ms Mayes walked up to the driver's side window which was open, and reached in to retrieve her phone. You grabbed her by the neck with both hands, strangled her, and pulled her in towards you in the car. This is the subject of the charge of assault – Charge 6.
20Ms Mayes’ mother ran to assist her daughter but you had let go of her at this stage. You then argued with her mother and kicked the side of her car door before leaving in your car. Ms Mayes’ mother then drove her home.
21You drove to Ms Mayes’ mother’s home and reversed your car into her car, which was parked in the driveway. This caused damage to the bumper bar of the car. The incident was captured on CCTV footage which I have viewed and gives rise to the charge of damaging property – Charge 7.
21 December 2020
22The next morning, 21 December 2020 you collected Ms Mayes from her mother's home to wrap Christmas presents together. You then went to a house in Hampton Park where you had been staying. When you were there, you argued with Ms Mayes when she told you she needed to leave to attend an appointment with her son. You told her she would not be going and could not leave the house. You argued for some time, during which you said, '“keep lying and I’ll kick your fucking teeth in…. you aren’t going anywhere, sit down on the couch.” This conduct is the charge of the threat to inflict serious injury – Charge 8 and false imprisonment – Charge 9.
26 December 2020
23On Saturday 26 December 2020, Ms Mayes’ mother was at her home in the afternoon when she was woken by banging. She ran to the front door and saw you standing there with something in your hand, that looked like a baseball bat. She yelled at you to get away from her house and that she would call the police. She then filmed you smashing her car, damaging the front side mirror and weather shield on the front passenger window, before driving off. This incident was also captured on CCTV and gives rise to the charge of damaging property – Charge 10.
24Ms Mayes first reported these matters to police on 2 January 2021. Following this, police attended at your home but were unable to locate you.
12 January 2021
25On 12 January 2021, Ms Mayes visited friends in Dandenong North. Not long after she arrived, you attended at the house. You were accompanied by a male disguised in a black face mask. You knocked on the door. When you saw Ms Mayes you asked what she was doing there and demanded that she leave with you. You had a gun in your hand which you pointed in the direction of her stomach. This gives rise to the offence of threatening to inflict serious injury – Charge 11.
26You stood by the front door and Ms Mayes heard a loud bang. Your conduct was captured on CCTV footage which I have viewed. By your plea, you accept you discharged the firearm at this point. You did so in the direction of the street and were reckless as to the safety of others in doing so – giving rise to Charge 12 – using a firearm with reckless disregard for safety.
27One of the occupants of the house called 000. You left the house, only to return a short time later. You again demanded that Ms Mayes leave with you. You told her that if she did not do so, you would stay there with her. You remained inside the house, telling Ms Mayes that she could not leave and blocking her exit. To be clear, there is no evidence you remained in possession of the firearm at this time. Your conduct in preventing her from leaving the house gives rise to the offence of false imprisonment – Charge 13.
28The police responded to the 000 call at 11.12 pm. They cordoned off the area and saw one of the occupants leaving the house. They spoke to this person who was visibly distressed and confirmed you were still in the house. The Special Operations Group attended the house and arrested you. They did not find any firearm or rounds of ammunition at that time.
29Police seized your wallet, which was found in the bedroom of the property, inside of which they located a small quantity of methylamphetamine. This gives rise to the charge of possession of a drug of dependence – Charge 14.
30You were arrested and interviewed on 13 January 2021. You made 'no comment' in answer to questions asked of you, in accordance with your rights.
Procedural history
31You were remanded on 13 January 2021 and have remained in custody since that date.
32You were committed to stand trial following a two day committal hearing on 6 and 7 September 2021. The matter resolved to a plea following a case conference on 27 April 2022 and a sentence indication hearing before me on 24 October 2022.
Gravity of offending and victim impact
33This was undoubtedly serious offending. In the context of an intimate relationship, marred by jealousy and controlling behaviour, you engaged in violent, terrorising behaviour towards the victim including threats, assaults, twice discharging a firearm and depriving the victim of her liberty and autonomy by your conduct.
34This was not isolated offending. This egregious pattern of behaviour persisted over a period of months, undeterred by the presence of others, including the victim's mother or son and calls being made to the police. You had adequate time to stop and reflect on your conduct towards the victim. Instead, your violent and controlling behaviour only escalated over this period, culminating in you attending at the property of others in Dandenong North where the victim was visiting friends. You did so at night accompanied by another male disguised by a mask, ultimately threatening the victim and discharging the firearm. Then, despite the police having been called, you returned to the house where you falsely imprisoned the victim.
35On your behalf it was submitted that your offending was neither planned nor sophisticated. I only accept that submission in part. Whilst much of your offending was an immediate, albeit violent and threatening reaction whilst arguing with the victim, on the occasion you attended at the property in Dandenong North in January 2021, you did so in company and in possession of a firearm. This could not be characterised as 'spontaneous offending'.
36Your offending over this period involved repeatedly controlling, violent and often dangerous conduct motivated by jealousy and possessive behaviour directed at your partner. The fact you were prepared to act in this way, in public places or in the presence of others, is a concerning aspect of your offending.
37In submissions made on your behalf, Mr Brown highlighted that no injuries of significance were sustained during your offending. Whilst this is the case, there is no doubt that your offending was traumatic for the victim and distressing for those impacted by your conduct. It is also inherent in the offence of discharging a firearm that you were reckless as to the safety of others. Although that risk did not materialise, this fact does not moderate the seriousness of this offence. The fact your conduct was reckless as to safety, but you proceeded to discharge the firearm regardless, marks the seriousness of that offence.
38Unsurprisingly, your offending has had a profound impact on the victim. In Ms Mayes’ victim impact statement, she speaks of having to seek emergency accommodation for herself and her son, who had only recently returned to her care. She says she was living in constant fear and still struggles with no permanent housing.
39The emotional impact of your offending has left Ms Mayes feeling suicidal, experiencing nightmares and flashbacks. She says she has been diagnosed with Post-Traumatic Stress Disorder as a result. Your offending also impacted on her relationship with her mother. Although Ms Mayes bears no responsibility for your offending, she says she blames herself. In her victim impact statement, Ms Mayes asks what she did to deserve this sort of treatment.
40I have taken the significant impact of your offending into account as one of the factors relevant to my sentence.
Personal circumstances
41I now turn to your personal background and history, much of which has been gleaned from the psychological material tendered on your plea.
42You were born in December 1986 and are now 35 years old. You are an Aboriginal man: your mother is a Wotjobaluk woman. Your father worked as a truck driver and a security guard until he retired. You mother worked as an aged care nurse in Frankston. You have two older siblings, both professionals and a younger sister who works as a pathologist. You remain close to your family and have their ongoing support.
43The marriage of your parents was a difficult one, and they separated when you were 12 years old, before divorcing. They did however remain on good terms. You lived with your mother until the age of 16 and then with your father due to your problematic and aggressive behaviour.
44Further complicating your childhood, you were diagnosed with ADHD and prescribed Ritalin at a young age. Your ADHD made your early education a challenging experience.
45You struggled through primary school at St Gerard's Primary School in Dandenong. With assistance from tutors, you passed Year 9 at Lyndale Secondary College and completed Year 10 at Dandenong TAFE. You commenced work as an apprentice cabinet maker and have undertaken work as a painter with different companies.
Drug and alcohol abuse
46For much of your adult life, you have abused both alcohol and illicit drugs. You began drinking at an early age; binge drinking on weekends from the age of 12. By the age of 28, and following the breakdown of a relationship, you report consuming up to two bottles of spirits daily and did so until the age of 32.
47You began using cannabis at the age of 11. You were using between one to two grams a day until the age of 18, when you ceased because you were experiencing increased paranoia.
48Other poly-substance drug abuse commenced from the age of 14. You report misusing MDMA, amphetamine, methamphetamine and cocaine from that age, initially on weekends but, from the age of 18, on a daily basis. Following a serious assault in your twenties, your abuse of methamphetamine increased and you report smoking two to three grams of methamphetamine, between four to five grams of cannabis and 10 mL of GHB daily until your remand in January 2021.
Prior criminal history
49Your long-term addiction to drugs is reflected in your criminal history. Since 2004, you have had 15 separate court appearances for various offences including drug, violence, family violence and weapons offences. In May 2018, you were sentenced to 3 months, 7 days’ imprisonment for offences that included possessing controlled weapons, carrying a prohibited weapon, being drunk in a public place and bail offences.
50You were sentenced to 21 months' imprisonment in April 2018 for your role in a prison riot.
51In March 2017, you were sentenced to 60 days' imprisonment for charges that included weapons offence, contravening a family violence intervention order, and failing an oral fluid test after driving. In January 2016, you were sentenced to 30 days imprisonment for possessing controlled weapons, going equipped to steal, possessing a drug of dependence and possessing cartridge ammunition.
52In September 2015, you were sentenced to 79 days' imprisonment for possessing ecstasy, a prohibited weapon and cartridge ammunition without excuse and driving offences, and in 2011 you were sentenced to 2 years, four months' imprisonment for offences including recklessly causing injury, trafficking in a drug of dependence, contravening a family violence intervention order, unlawful assault, intentionally damaging property, failing to store a handgun and ammunition correctly, being a prohibited person in possession of a firearm, and possession of drugs, including cocaine.
53Your earlier court appearances between 2004 and 2009 were all for drug, violence and property offences for which you received sentences of youth detention, fines, community-based orders and suspended sentences of imprisonment.
54Your prior criminal history reveals a concerning pattern of offending involving violence, contravening family violence intervention orders, property damage, and possessing weapons and firearms, all in the context of your long-standing drug use. It is notable that earlier sentencing dispositions have failed to deter you from such offending, indeed these charges represent an escalation in offending. Specifically deterring you from future offending remains a significant sentencing consideration for the protection of the community.
Psychological assessments
55You were assessed by neuropsychologist, Ms Jane Lofthouse in February 2018 and her report dated 14 March 2018 was tendered on your plea. In her report, Ms Lofthouse notes that in addition to your drug and alcohol use, you were assaulted in your early twenties when you suffered blows to the head with a baseball bat suffering a fractured jaw, and then in 2014, hit your head on concrete.
56Ms Lofthouse's report also details an incident in September 2016 when you were found unconscious in your car. When you were approached, you drove forward hitting into another vehicle. You were found to have stab wounds to both legs and your left arm, for which you were treated. You were assessed as having fallen into a coma, but subsequent scans found no acute intracranial pathology.
57Ms Lofthouse administered a number of psychometric tests and you were found to have a full-scale IQ of 76, placing you in the borderline range of intellectual functioning but with mildly impaired problem-solving ability. She states your impaired problem solving ability is likely to impinge on your ability to reason and is probably a factor in your 'lack of behavioural control'.
58As to the effect of these incidents on your cognitive ability, Ms Lofthouse concluded that you 'did not sustain moderate or severe brain injury related to these traumatic events'. She did however opine there was a possibility you suffered a mild brain injury that was not documented in the scans. However, at the time of Ms Lofthouse's assessment you were not found to have an acquired brain injury.
59Your plea was adjourned for you to be further assessed by psychologist, Dr Aaron Cunningham on 10 November 2022. Dr Cunningham's report dated 14 November 2022 was tendered at your further plea hearing. Dr Cunningham confirmed you do not have an intellectual disability but present with cognitive functioning in the borderline range.
60During your assessment with Dr Cunningham, you reported being sexually assaulted by an older student at school following your parents' separation. You did not disclose the abuse at any earlier time.
61You also had a number of intimate relationships that have each lasted no more than several years. You have an eight-year-old son who you have been in regular contact with for the past four years. You told Dr Cunningham that your son is your main motivation for the future. You retain your father's support, speaking with him daily, and can live with him upon your eventual release from custody.
Matters in mitigation
62On your behalf, Mr Brown provided detailed written submissions highlighting a number of matters that operate in mitigation of your sentence and expanded upon these at the plea hearing.
63Of greatest significance is the fact you pleaded guilty to these offences. Although yours was not an early plea, by your plea you accept responsibility for your offending and facilitate the administration of justice. Your plea saves the court and community the resources associated with a trial, and the victim from the ordeal of giving evidence. Additionally, at a time when there is a backlog of trials in the wake of the pandemic, your plea has heightened utility. You are entitled to, and will receive, a significant sentencing discount in light of your guilty plea to these charges.
64Your plea is also an indication of remorse, however beyond your plea there has been no other demonstration of insight into the nature of your offending or the impact it had on the victims in this case.
65The second matter relevant in mitigation is the fact that you have been in custody since January 2021. Your time on remand has run in parallel to the restrictions imposed in custody to respond to the risks posed by COVID-19. These have included periods in lockdown as a form of quarantine, a loss of face-to-face visits from family and limitations on programs and educational opportunities. I have given weight to the additional burden of your 22 months on remand in sentencing you.
66While in custody, you have taken the opportunities that have been available to complete a Positive Lifestyle Program run by the Salvation Army in May 2022 and you have also completed a 6-hour program regarding the impact of the drug 'Ice'. Of significance, you have engaged in programs and activities to strengthen your links to your Aboriginal culture, including participating in a 3-day Aboriginal Men's Cultural Healing program. You have actively engaged in the Koori art program and sold your first painting, for which you can be rightly proud.
67There are other positive indications for your future. You retain the support of your father and siblings, you have a decent work history and stable accommodation available with your father upon your release, and are motivated to turn your life around for your son. However, your future prospects will very much depend on receiving treatment and support to remain abstinent from illicit drugs.
68In a report prepared by Amanda Brown, a clinician with Lamberti & Associates dated 11 February 2021, Ms Brown states that you present with 'partial insight' into your history of drug dependency, but are aware that your substance misuse is a 'significant problem' and that you 'appear open to intervention'. It is notable that you have never participated in intensive drug treatment in the past.
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Dr Cunningham, having undertaken a risk assessment, concluded that you remain a moderate risk of future violent offending. Unless and until you commit to
long-term treatment to address your drug addiction, I cannot assess your future prospects favourably particularly when viewed in light of your prior criminal history.
70I have had regard to the conclusions of Dr Cunningham that your intellectual disability and ADHD, whilst not causally connected to your offending, are underlying risk factors for your drug abuse. In his report, Dr Cunningham states:
In my opinion, there is not sufficient evidence to link this intellectual impairment to his offence behaviour. Instead, in my opinion, Mr Broughton's intellectual impairments have resulting in difficulty desisting from an antisocial and drug abusing path. He has limited ability to reflect on his own behaviour, self-monitor and identify triggers for drug use and offending. He would benefit from prosocial mentoring or counselling aimed at setting prosocial goals and identifying risk factors for offending.
Submissions as to sentence
71On your behalf, Mr Brown submitted that your time on remand at the time of the sentence indication hearing was sufficient to address all relevant sentencing considerations. It was submitted that a combination sentence, with a community correction order to follow your time on remand, would best foster and promote your rehabilitation.
72However, given the gravity of your offending, your prior criminal history and the need for the sentence to operate as a general and specific deterrent, I did not accept this submission. In my view, the paramount sentencing considerations of deterrence, denunciation and just punishment warrant the imposition of an immediate term of imprisonment with a non-parole period fixed. I accept however, that in sentencing you, a lengthy period subject to parole may assist in your rehabilitation and the community protection which would naturally follow.
Sentence
73Balancing the matters to which I have referred, whilst having regard to the maximum penalty for each offence, I sentence you as follows:
74On Charge 1 – destroy property – you are convicted and sentenced to 2 months' imprisonment.
75On Charge 2 – conduct endangering life – you are convicted and sentenced to 18 months' imprisonment.
76On Charge 3 – prohibited person possess a firearm – you are convicted and sentenced to 18 months' imprisonment.
77On Charge 4 – threat to inflict serious injury – you are convicted and sentenced to 12 months' imprisonment.
78On Charge 5 – intentionally cause injury – you are convicted sentenced to 18 months' imprisonment.
79On Charge 6 – common assault – you are convicted and sentenced to 12 months' imprisonment.
80On Charge 7 – damage property – you are convicted and sentenced to 6 months' imprisonment.
81On Charge 8 – threat to inflict serious injury – you are convicted and sentenced to 10 months' imprisonment.
82On Charge 9 – false imprisonment – you are convicted and sentenced to 20 months' imprisonment.
83On Charge 10 – damage property – you are convicted and sentenced to 10 months' imprisonment.
84On Charge 11 – threat to inflict serious injury – you are convicted and sentenced to 20 months' imprisonment.
85On Charge 12 – using a firearm with reckless disregard for safety – you are convicted and sentenced to 2 years, 10 months' imprisonment. This is the base sentence.
86On Charge 13 – false imprisonment – you are convicted and sentenced to 18 months' imprisonment.
87On Charge 14 – possess a drug of dependence – you are convicted and sentenced to 1 month’s imprisonment.
88On summary Charge 30 – unlawful assault - you are convicted and sentenced to 1 month’s imprisonment.
89In determining the appropriate amount of cumulation, I have had regard to the sentencing principle of totality. I have also had regard to those offences that arose out of the one incident. This has resulted in less significant cumulation than would otherwise have been warranted.
90I make the following orders for cumulation. I order that:
(a) 2 months of the sentence imposed on Charge 2;
(b) 2 months of the sentence imposed on Charge 3;
(c) 1 month of the sentence imposed on Charge 4;
(d) 3 months of the sentence imposed on Charge 5;
(e) 1 month of the sentence imposed on Charge 6;
(f) 1 month of the sentence imposed on Charge 8;
(g) 3 months of the sentence imposed on Charge 9;
(h) 1 month of the sentence imposed on Charge 10;
(i) 3 months of the sentence imposed on Charge 11;
(j) 2 months of the sentence imposed on Charge 13,
be served cumulatively upon the sentence imposed on Charge 12 and upon each other.
91All other sentences are to be served concurrently.
92This gives a total effective sentence of 4 years, five months' imprisonment. I fix a non-parole period of 2 years, 6 months.
93Pursuant to s18 of the Sentencing Act 1991, I declare 702 days of pre-sentence detention to be reckoned as served against this sentence.
94I make the disposal order sought by the prosecution noting it is not opposed. I also make an order for you to pay compensation in the sum of $627.00 payable to Ms Ciprani, noting this is also unopposed.
95Finally, pursuant to s6AAA of the Sentencing Act 1991, I indicate that had you not pleaded guilty, the sentence I would otherwise have imposed would have been a sentence of five years, six months' imprisonment with a non-parole period of four years.
96Do counsel require any clarification in respect of the sentence?
97MS HOLMES: No, Your Honour. Thank you very much, that is clear.
98HER HONOUR: Thank you. Mr Brown, do you need time to speak to Mr Broughton now or have other arrangements been made? Sorry, Mr Brown, I cannot hear you.
99MR BROWN: Sorry, Your Honour. Yes, if I could have a word with my client, that would be good, thank you.
100HER HONOUR: All right. I will make sure you have an opportunity to do so on a confidential basis after I stand down. Thank you, we will now adjourn the Court.
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