Director of Public Prosecutions v Bunjaku
[2023] VCC 345
•8 March 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-01931
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ATDHE BUNJAKU |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 February and 8 March 2023 | |
DATE OF SENTENCE: | 8 March 2023 | |
CASE MAY BE CITED AS: | DPP v Bunjaku | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 345 | |
REASONS FOR SENTENCE
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Subject:Criminal law – sentence
Catchwords: Guilty plea – possession of a traffickable quantity of firearms – cultivation of a narcotic plant – sophisticated hydroponic set up – theft of electricity – significant quantity of cannabis cultivated – charged with offending on one day only – motivated by financial gain due to downturn in business during COVID-19 lockdowns – possession of two firearms – both loaded and operable – for protection following threats and suspected arson on business premises – limited prior history – good prospects of rehabilitation.
Legislation Cited: Firearms Act 1996, s 7C(1); Crimes Act 1958, ss 74(1), 72B; Bail Act 1977, s 30B; Sentencing Act 1991
Cases Cited:Berichon v. The Queen (2013) 40 VR 490; Worboyes v. The Queen [2021] VSCA 169; R. v. Verdins 92017 16 VR 269
Sentence: A sentence of 11 months’ imprisonment combined with a two-year community correction order on the indictable offences
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms G. Walker | Office of Public Prosecutions |
| For the Accused | Mr M. Gumbleton | Marcevski Lawyers |
HER HONOUR:
1Atdhe Bunjaku, you have pleaded guilty to the following offences on indictment for offending that occurred on 13 January 2022:
(a) Unauthorised possession of a traffickable quantity of firearms contrary to s7C(1) of the Firearms Act 1996, the maximum penalty for which is 10 years’ imprisonment (Charge 1);
(b) Theft contrary to s74(1) of the Crimes Act 1958, the maximum penalty for which is 10 years’ imprisonment (Charge 2); and
(c) Cultivation of a narcotic plant, namely Cannabis L, contrary to s72B of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for which is 15 years’ imprisonment (Charge 3).
2You have also pleaded guilty to two related summary offences, namely:
(a) possession of cartridge ammunition contrary to s124(1) of the Firearms Act 1996, the maximum penalty for which is 40 penalty units; and
(b) committing an indictable offence on bail, namely cultivation of a narcotic plant, contrary to s30B of the Bail Act 1977, the maximum penalty for which is 3 months’ imprisonment or 30 penalty units.
Circumstances of offending
3The circumstances of your offending are outlined in the Prosecution Opening for Plea dated 23 February 2023 which is the agreed basis upon which you are to be sentenced.
4On 13 January 2022, police executed a search warrant at your property in Grieve Parade, Altona. When the police arrived at 10.40 am, your mother-in-law opened the door. Upon entering the property, the police immediately detected a strong smell of cannabis. You were present at the premises, as were your wife and three children.
5In the basement of your house, the police located a sophisticated hydroponic set up, powered by stolen electricity, with a reticulated watering system and high powered lighting suspended from the ceiling. The room also contained soil, chemicals and cultivating tools. The police located and seized a large number of cannabis plants and dried plant material.
6The basement of the property was only accessible off the main living area. The basement had no external access, windows or doors.
7You were arrested at 11.10 am and asked if there as anything else you wished to declare. You told police you had two handguns located in a cupboard near the front entrance doorway and warned them that the guns may be loaded. In relation to the cannabis, you told police there were 20 plants and that the area may flood if the hydroponic system was turned off.
8After you were transported to Altona police station for questioning, investigators obtained further warrants pursuant to the Drugs, Poisons and Controlled Substances Act 1981 and returned to the property. There they located:
(i)A Grendel PT12 380 calibre pistol containing a magazine that was loaded with 10 x 380 calibre bullets; and
(ii)A Bayard 32 calibre semi-automatic handgun containing a magazine that was loaded with 4 x 32 calibre bullets.
9Neither the pistol nor the handgun were registered and you are not licenced to hold such firearms. The Firearms Act 1996 defines a traffickable quantity of firearms as two or more firearms. Your possession of the pistol and the semi-automatic handgun are the subject of Charge 1 – unauthorised person in possession of a traffickable quantity of firearms.
10During the search of your property, the police also located and seized:
(i)A 7.65 calibre magazine;
(ii)Five 32 calibre bullets;
(iii)A box containing 11 Winchester 380 automatic ammunition;
(iv)Another box containing 50 Winchester 380 automatic ammunition; and
(v)Eleven assorted rounds of ammunition (summary Charge 5 – possess cartridge ammunition)
11Relevant to the charge of cultivating cannabis, the police located and seized:
(i)25 mature cannabis plants;
(ii)A quantity of cannabis buds at various stages of drying;
(iii)Cannabis stems; and
(iv)Six electrical bypasses, 19 x LED Horticulture UFO lights, 12 lighting grids, a Trimpro rotor, and various tools and gloves.
12Four of the electrical bypasses were removed from inside a wall by an electrical inspector who assessed them as having been professionally installed.
13The seized plants were subsequently analysed by a forensic botanist who confirmed they were Cannabis L and are the subject of Charge 3 – cultivation of a narcotic plant. The cannabis weighed the following amounts:
(i)25 cannabis plants weighed 61.05 kg;
(ii)Buds weighed a total of 21.06 kg; and
(iii)Stems weighed 16.29 kg.
14Information obtained from Powercore identified that approximately 34,274 kilowatts of electricity bypassed the meter, resulting in a loss of $3,072.66. Your conduct in bypassing the electricity meter is the subject of Charge 2 – theft.
15The police also located various amounts of cash totalling $2,305.00 at the property. To be clear, you are not charged with any offence in respect of this cash. Moreover, at the hearing of your plea, the prosecution conceded this cash did not relate to any criminal activity on your part. I have therefore had no regard to the presence of the cash found at the property in sentencing you.
16Although others present at the house were arrested and interviewed, when you were interviewed by police at 7.12 pm, you told investigators that no one else was involved in your offending, but otherwise exercised your right to silence. No other person has been charged in respect of the items located at your property.
17At the time of this offending, you were on bail after you failed to appear in the Magistrates’ Court on summons for a charge of non-compliance with a direction of the Chief Health Officer during the pandemic. You had been bailed by police on your own undertaking.
18You were charged and remanded in custody on 13 January 2022. After seven days in custody you were granted bail on 20 January 2022 in respect of these matters.
19On 19 October 2022, after an application for summary jurisdiction was refused in the Magistrates' Court, you pleaded guilty to the charges and the matter was adjourned for your plea hearing before me on 27 February 2023.
Personal circumstances
20Before I turn to discuss the nature and gravity of your offending, it is necessary to first outline your personal history and circumstances leading to this offending. I have drawn much of this information from the written submissions filed on your behalf by Mr Gumbleton and from the psychological report of Ms Laura Fleming dated 12 October 2022, who assessed you on 4 and 11 October 2022 for the purposes of the plea.
21You were born in Melbourne in August 1985. Your father migrated to Australia as an adolescent from Kosovo and your mother came to Australia from Macedonia as a child.
22Your father passed away in a motor vehicle accident when you were approximately 12 months old. Your mother raised you initially, but after she re-partnered a man involved in criminal activity, you were raised by extended family for a period. However, after your relationship with your sister-in-law deteriorated, you returned to live with your mother. When you were 14 years old, you witnessed a violent home invasion when your maternal uncle and others entered the house. You report that they shot and injured your mother's partner over a disputed debt.
23You attended multiple primary schools due to the family relocating and ultimately enrolled at Preston Secondary College to complete Year 12. Before sitting your final exams, your mother's partner was shot and killed. You and your mother then fled to Macedonia to hide, before returning to Melbourne where you relocated. Conflict and violence remain an issue within your extended family.
24After your final year in school was interrupted, you obtained a security licence and worked in this industry for a period but have since focused on a career as a professional kick boxer, in addition to operating your own gym. You have enjoyed success in your chosen sport, having won various world championships.
25At the age of 21, you married your wife, Mendie Bunjaku, with whom you have three children now aged eight, 11 and 12. You have been married for 15 years. Through your wife's business you also organise and promote professional kick boxing tournaments, some of which you perform in. You have also used the money earnt through these tournaments and the gym to invest in property development.
26You have a limited prior criminal history for violence-related offending. Significantly, you have no prior criminal history for firearm or weapons offences or relating to the possession or cultivation of illicit drugs. In 2006 you were fined, without conviction, for one charge of intentionally causing injury. In May 2012, you were fined, again without conviction, for an unlawful assault and using threatening words in a public place. Your last court appearance was in 2017 when you were sentenced, with conviction, to a 12-month community correction order for one charge of intentionally causing injury.
27In 2021, you and your wife began to receive threatening messages online. At the plea hearing, your wife gave evidence regarding these threats and other acts, including bullets being left on your doorstep. She says some of the threats were directed at her and the children. Despite the nature of these threats, you did not involve police. At the plea hearing, Mr Gumbleton submitted you did not report these matters to police out of a fear of reprisals.
28You operated a kick boxing gym in Altona from early 2017. On 26 December 2021, the gym was burnt down following a suspected arson attack. The police attended the scene, but no charges were laid. During her evidence, your wife confirmed that although police attended the scene of the fire, you did not report the other threats received by the family at this time.
29The damage caused by the fire took nine months to repair. Your wife says that although she and the children had always spent time living with her mother, after the suspected arson attack, she says that she and the children relocated to reside with her mother for several months. It was during this period that your offending occurred.
30After the fire you re-established your business at another venue, and continued operating the gym, working six days a week where you act as the principal trainer and instructor. In the evenings, you train adult clients, but your main source of income is derived from training school aged pupils, including clients of the NDIS, during the day. Of the 300 clients enrolled at the gym, 250 are school-aged children ranging in age from 7-16 years.
31During your psychological assessment with Ms Fleming, you reported that your business suffered financially when it was unable to operate during periods of lockdown during the pandemic. You told Ms Fleming that the situation was compounded when the gym burnt down in December 2021 requiring you to move to alternate premises. You told Ms Fleming you began to use Cannabis Oil to relieve your back pain and explained your ownership of the firearms was a response to the threats you were receiving.
32Having conducted psychometric testing, Ms Fleming concluded that you met the criteria for a diagnosis of a Post Traumatic Stress Disorder, arising from your 'turbulent and traumatic' childhood experiences, combined with a Borderline Personality Disorder, stating:
Mr Bunjaku has likely experienced PTSD since his adolescence and has coped with the symptoms through significant levels of exercise and other activities which have provided a distraction. The changes in his routine…due to COVID-19 restrictions contributed to increased rumination. This was then coupled with experiences of personal threat
sto his family, which also led to experiencing phenomena of past violent acts. Mr Bunjaku's mental health at the time precipitating the offending would have been very distressing.33Ms Fleming states that your symptoms of PTSD would have overlapped with your diagnosed Borderline Personality Disorder with both characterised by 'significant disturbance of mood and thought'.
Nature and gravity of the offending.
34I turn now to comment on the nature and gravity of your offending.
35The seriousness of the offence of cultivating cannabis is signified by the maximum penalty of 15 years’ imprisonment prescribed by Parliament. Here, you were solely responsible for the decision to establish a sophisticated hydroponic set up, with electricity stolen by means of bypass to drive the cultivation operation.
36The quantity you had grown was significant. Even excluding the weight of the stems, the total weight of the cannabis was approximately 81 kilograms, with the buds alone weighing around 21 kilograms. As the prosecution submissions highlight, this weight is in excess of three times the commercial quantity. On your behalf, it was submitted that this equated to a likely yield of between 14.5 kilograms and 18.2 kilograms of dry cannabis, based on the report provided by Andrew Drinnan dated 22 February 2022, that was tendered on your behalf. In my view, the distinction matters little.
37Undoubtedly, not an insubstantial amount of cannabis had been grown by you. The level of sophistication in the set-up, involving lighting, equipment and multiple electrical bypasses, evidences the fact that your offending involved a degree of pre-planning and preparation.
38By the submissions made on your behalf, it is conceded that you engaged in this conduct for two purposes. Following the downturn in your business during the COVID-19 pandemic and in the face of mounting debts, you turned to the cultivation of cannabis as a means of recovering financially. You were also using cannabis oil to manage pain. Whilst you are to be sentenced for cultivation on one day only, it is clear you were motivated to engage in this unlawful conduct for profit. You must have known that doing so was seriously wrong.
39In the prosecution sentencing submissions, it is contended there is limited evidence to support the submission of financial hardship. The prosecution point to the number of properties you possessed, albeit under mortgage, and the revenue your wife stated was generated by the gym and promotions during 2021. I accept however, that due to the combined impact of COVID-19 lockdowns and the destruction of your premises from which the gym operated in late 2020/21, your financial situation worsened.
40Ultimately, it is in this context that I accept that you determined to cultivate cannabis to meet your ongoing financial commitments, in circumstances where you were highly leveraged. It is only since being arrested on these charges, that you have sought to divest yourself of these properties to live within your means. The fact your offending was motivated by the prospect of returning a profit to meet these obligations is relevant to the sentence I impose.
41Firearms offences are, by their nature, inherently serious. The offence of possessing a traffickable quantity of firearms is aggravated in this case by the fact the firearms, one a semi-automatic firearm, were both unsecured, loaded and capable of being discharged. The pistol had no serial number. Not only were the firearms located in your home, but a significant amount of ammunition was also located, compatible with the firearms, with the exception of the 7.65 calibre magazine.
42In Berichon v R[1], the Court of Appeal outlined two broad categories when considering the seriousness of the conduct of a prohibited person possessing an unregistered firearm. The Court of Appeal stated:
The first category of cases are those where the conclusion is not open that the possession of the firearm is associated with some ongoing criminal activity… The second category of cases are those where the evidence enables the conclusion that the possession is for the purpose of criminal activity, or a specific criminal purpose, more severe sentences are then usually in order…The prior convictions of the offender in conjunction with the circumstantial evidence may also enable the conclusion to be drawn that the possession is for some unlawful activity.
[1]Berichon v The Queen (2013) 40 VR 490, 496 at [26] (‘Berichon’)
43The reasoning in Berichon applies equally when assessing the objective gravity of the offence of being an unregistered person in possession of a traffickable quantity of firearms. Here, the defence contend that you made the ill-judged decision to possess these firearms as a means of protection after your family was threatened and following the suspected arson of your business premises. The prosecution submissions highlight the fact that no threats were ever reported to the police, even after the police were called to investigate the fire.
44At the plea hearing, the prosecution conceded there was insufficient evidence upon which I could be satisfied to the requisite standard that you possessed the firearms in connection with some ongoing criminal activity, including the cultivation of cannabis. The prosecution did not seek to challenge the evidence your wife gave regarding the nature of the threats received by your family. I find no reason to reject her evidence on this issue. Moreover, there is no other evidence, including your prior history, from which I could infer that you possessed these firearms for any purpose other than your own protection. Put another way, the fact the firearms were found loaded at the property is insufficient alone to establish to the requisite standard that they were possessed by you in connection with any broader criminal activity. I therefore consider your offending on this charge falls within the less egregious category of this offence.
45Nonetheless, your decision to resort to firearms to respond to any threat, was a serious error of judgment. You could have, but did not, seek the assistance of police. The firearms, both loaded, were located unsecured in your home. Although I accept the evidence of your wife that, by reason of the threats, she and the children were not living permanently at the property at this time, it is clear they were all present at the time the warrant was executed. The fact children were in the house, where loaded firearms were located, is of real concern.
46I consider these to be reasonably serious examples of both offences.
Matters in mitigation
47On your behalf, the following matters were raised in mitigation of your sentence.
48First and foremost, you pleaded guilty to the charges at an early opportunity. This is significant. In doing so, you saved the court and the community the cost and time associated with a trial. Your plea has facilitated the course of justice and signifies your acceptance of responsibility for your conduct. You also co-operated with police when the search warrant was executed by volunteering the presence of the firearms.
49As the Court of Appeal has explained, an offender who pleads guilty at present is entitled to a further amelioration in sentence given the lengthy delays in the justice system that continue as a result of the pandemic.[2] You are entitled to, and will receive, a significant sentencing discount by reason of your guilty plea.
[2]Worboyes v The Queen [2021] VSCA 169
50Secondly, you have a limited prior criminal history, despite a difficult upbringing following the early death of your father, including exposure to violence and dislocation. You have been diagnosed with a Post-Traumatic Stress Disorder, arising from these traumatic childhood experiences. Whilst it was not submitted that your mental health has any causal connection to your offending such as to enliven the mitigating principles enunciated in Verdins[3], it is nonetheless relevant to my assessment of your future prospects that despite these difficulties you have otherwise led a largely pro-social life focused on your family, your professional sport and business.
[3]R. v. Verdins (2007) 16 VR 269 (“Verdins”)
51Fourteen character references were tendered at the plea hearing. They speak of your commitment to your family, your success in managing your own gym and of your achievements in your chosen sport. Many speak of your contribution to the community, including through assisting and motivating children eligible for the NDIS to participate in sport. Others express the view that your offending, or acting in contravention of the law more broadly, is out of character.
52As to your prospects of rehabilitation, I have regard to the fact that you have a limited prior criminal history. However, this was a significant escalation in offending. Against this, I accept there are a number of mitigating features that reduce, to a certain extent, your moral culpability for your conduct.
53Since your arrest, you have sold your investment property in addition to the premises from which the gym operated after being repaired following the fire. The repair cost was met by insurance. In addition, you have sold a second factory in Altona North and have attempted to sell your family home, that is currently rented. These are all initiatives undertaken to respond to your changed financial circumstances and which are to your credit. As your counsel highlighted, you have now taken appropriate steps to consolidate your debt, and to purchase a family home elsewhere in order to start afresh.
54Throughout this period, you have complied with strict conditions of bail. In the 13 months since being charged, you have taken positive steps towards your rehabilitation. You continue to have the support of family and friends, demonstrated at your plea hearings by their presence, and you continue to re-build your business. These matters, combined with your limited prior history, lead me to conclude you have good prospects of rehabilitation.
55Finally, it was submitted that any period of imprisonment would be particularly burdensome for you. Mr Gumbleton relied upon the evidence of your wife of the centrality of your role in running the gym and in generating income by performing at international kick-boxing events. In your absence, it was submitted that the family's financial position could become difficult even though your wife accepted there was some money in reserve.
56I accept a concern for your family and the financial burden that may befall them would be an additional burden of imprisonment. It was not however, submitted that any likely financial hardship would be so significant as to constitute exceptional circumstances. There is no evidence that the anticipated hardship reaches this high threshold and accordingly, does not otherwise operate in mitigation of sentence. The worry for your family and the impact of your absence on your business does however add to the burden of any term of imprisonment and to which I have had regard.
57Mr Gumbleton also submitted that your diagnosed PTSD and Borderline Personality Disorder would make your experience of custody more onerous, particularly as you have never been sentenced to imprisonment in the past.
58Reliance was placed on the report of Ms Fleming where she concludes that:
“…imprisonment would more likely weigh more heavily on Mr Bunjaku than a person without his conditions … He is unlikely to receive specific treatment he requires in custody for his PTSD and BPD at a frequency or intensity to assist with long term change. Access to programs and treatment in prison is generally reduced and with the current COVID-19 pandemic, it is unlikely his mental health will be adequately treated.”
59Having regard to the entirety of Ms Fleming's report, I accept that your Post-Traumatic Stress Disorder arising from the trauma of your childhood combined with the traits associated with your diagnosed Borderline Personality Disorder, may mean that time in custody will weigh more heavily upon you than others without these conditions, thereby enlivening limb 5 of Verdins.
60However, I do not accept the evidence establishes a serious risk that imprisonment will have an adverse effect on your mental health. Whilst you have engaged with Ms Fleming for a number of psychological sessions to address your coping strategies, to date you have not engaged in any treatment for your diagnosed mental health conditions. You have never done so in the past. Whilst I accept that the treatment of complex mental health conditions, such as PTSD and Borderline Personality Disorder are better managed in the community, I cannot conclude that there is a serious risk that imprisonment will adversely affect your mental health conditions enlivening limb 6 of Verdins. I do accept however that treatment of these mental health conditions in the community over the long term, will best promote your prospects of rehabilitation.
Sentencing submissions
61On your behalf, Mr Gumbleton submitted that all relevant sentencing considerations, including the need for the sentence to operate as a general and specific deterrent, could be met by the imposition of a lengthy community correction order.
62In aid of this submission, Mr Gumbleton relied on your limited prior history, family support, your strong work ethic and positive prospects of rehabilitation, in addition to the factors he submits moderate your moral culpability for this offending, which he argues was an aberration of your otherwise good character.
63Ms Walker, appearing for the prosecution, submits the only available sentence is an immediate sentence of imprisonment with a non-parole period to be fixed. The prosecution submissions highlight the degree of planning associated with cultivation involving a sophisticated hydroponic system, the fact the cultivation was motivated by profit, and the significant quantity cultivated as indicators of the seriousness of that offence. Whilst accepting that the two firearms are at the threshold for possession of a traffickable quantity of firearms, the prosecution submissions pointed to the fact they were loaded, and were unsecured in the family home.
64The prosecution referred me to a number of other decisions which they submit are informative. In Muaremov v R[4] the offender, aged 61 and with no prior criminal history, pleaded guilty to cultivating cannabis for which he was sentenced to two years imprisonment on that charge. In that case, the accused had established sophisticated hydroponic set-ups, at two separate properties. In total, 93 plants were found of a combined weight of 26.5 kilograms, that had been cultivated over an eight month period. To service the cultivation, the offender had stolen electricity valued at over $20,000.
[4] Muaremov v The Queen [2018] VSCA 298
65In that case, the sentencing judge referred to the offender as the instigator and sole operator of the two crop farms, which operated as a commercial endeavour to pay substantial mortgages over the two properties. Here, you too were the sole instigator and operator of the hydroponic set-up, also motivated by the prospect of financial gain. In contrast to that case, your cultivation was limited to the one location from which significantly fewer plants were seized. In your case, the charge of cultivation is limited to the one date only. The quantity involved in that case was however, less than it is here.
66I have also had regard to the sentences imposed in this court in the cases of Malia, Nguyen & Vo, and Abdi to which I was referred. Although current sentencing practices are not determinative, it is clear that cultivation of narcotic plants in a significant quantity commonly result in an immediate term of imprisonment even where an accused has no prior criminal history.
67The prosecution also referred me to sentencing decisions for various firearm offences.[5] I have had regard to these decisions, but note that here, you have no relevant priors for firearms or weapons offences and were neither a prohibited person nor subject to a firearms prohibition order. Again however the sentences reflect the inherent seriousness of any firearms offences, particularly where the firearms are in an operable state.
[5]DPP v. El Hage Hassan [2018] VCC 771; DPP v. Lavery [2020] VCC 1989
Consideration
68In cases such as these, the paramount sentencing considerations are general deterrence, denunciation and community protection. Others must be deterred from resorting to the cultivation of cannabis as a means of generating income or from responding to threats, perceived or otherwise, by possessing firearms. I consider that a sentence of imprisonment is the only available sentence in the circumstances of this case in order to properly give effect to these sentencing considerations.
69However, there are other factors that operate in mitigation of your sentence. Having regard to your limited prior criminal history, my assessment of your future prospects, and the additional burden associated with a term of imprisonment, the need for the sentence to operate as a specific deterrent is correspondingly reduced.
70Balancing these considerations, I have concluded that a period of imprisonment combined with a lengthy community correction order addresses both the need for the sentence to operate as a deterrent whilst promoting your continued rehabilitation and the community protection that will naturally follow. You have been found suitable for such an order and have consented to it being made. If you could please stand.
Sentence
71Mr Bunjaku, I therefore sentence you as follows:
72On Charge 1 – possession of a traffickable quantity of firearms – you are convicted and sentenced to a period of 7 months' imprisonment.
73On Charge 2 – theft – you are convicted and sentenced to two months' imprisonment.
74On Charge 3 - cultivation of a narcotic plant – you are convicted and sentenced to 9 months' imprisonment. This is the base sentence.
75I order that 2 months of the sentence imposed on Charge 1 be served cumulatively upon the sentence imposed on Charge 3. I make no order for cumulation in respect of Charge 2. This gives a total effective sentence of imprisonment of 11 months.
76Pursuant to s18 of the Sentencing Act 1991 I declare 7 days as reckoned as the period of imprisonment already served under the sentence I have imposed.
77Following the imprisonment component of your sentence, upon release, you are placed on a community correction order for two years. The focus of the order is to support your continued rehabilitation. In addition to the standard conditions that apply to all community correction orders, you will be subject to assessment and treatment for your diagnosed mental health disorders and for programs to address your offending conduct. You will also be subject to supervision for the duration of the order.
78You should be aware that it is an offence to contravene a community correction order by either failing to comply with the conditions of that order, or by further offending punishable by imprisonment. If you were to breach the order, you could be sentenced for doing so, in addition to being resentenced on the original offences.
79On the summary offences, Charge 5 – possess cartridge ammunition – you are convicted and fined $500. On summary Charge 8 – committing an indictable offence whilst on bail – you are convicted and fined $100.
80Pursuant to s6AAA of the Sentencing Act 1991, I indicate that had you not pleaded guilty to these offences, I would otherwise have sentenced you to a period of 3 years, 6 months' imprisonment with a non-parole period of 2 years, 4 months.
81Finally, I make the forfeiture and disposal orders sought by the prosecution, noting they are not opposed.
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