Director of Public Prosecutions v Campbell
[2023] VCC 1787
•3 October 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-00344
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NATHAN CAMPBELL |
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JUDGE: | HER HONOUR JUDGE TODD | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 August 2023 and 29 August 2023 | |
DATE OF SENTENCE: | 3 October 2023 | |
CASE MAY BE CITED AS: | DPP v Campbell | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1787 | |
REASONS FOR SENTENCE
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Subject:Criminal Law
Catchwords: Knowingly dealing with proceeds of crime; burglary; theft; retention of stolen goods; obtaining financial advantage by deception; obtaining property by deception; possession of a drug of dependence; committing indictable offence whilst on bail; contravening conduct condition of bail
Legislation Cited: Crimes Act 1958 (Vic) ss 74, 76, 81, 82, 88, 194(2); Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 73(1)(b); Bail Act 1977 (Vic) ss 30A(1), 30B
Cases Cited:R v Verdins (2007) 16 VR 269; Bugmy v R (2013) 249 CLR 571; DPP v Hermann (2021) 290 A Crim R 110
Sentence: 18 months and 14 days’ imprisonment in combination with a community corrections order of 12 months' duration
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Wilson | Office of Public Prosecutions |
| For the Offender | Mr B. O’Sullivan | Ann Valos Criminal Law |
HER HONOUR:
Introduction
Pleas and maximum penalties
1Nathan Campbell, you have pleaded guilty to the following offences:
(a) One charge of knowingly dealing with proceeds of crime, a charge that carries a maximum penalty of 15 years’ imprisonment;[1]
(b) Two charges of burglary, each with a maximum penalty of 10 years’ imprisonment;[2]
(c) Two charges of theft, each with a maximum penalty of 10 years’ imprisonment;[3]
(d) One charge of the retention of stolen goods, with a maximum penalty of 15 years’ imprisonment;[4] (a rolled-up charge referable to Schedule A on the indictment)
(e) One charge of obtaining a financial advantage by deception, with a maximum penalty of 10 years’ imprisonment;[5]
(f) Two charges of obtaining property by deception, each with a maximum penalty of 10 years’ imprisonment;[6] and
(g) One charge of the possession of a drug of dependence, namely methylamphetamine, with a maximum penalty of one year imprisonment or 30 penalty units.[7]
[1] Crimes Act 1958 (Vic) s 194(2).
[2] Ibid s 76.
[3] Ibid s 74.
[4] Ibid s 88.
[5] Ibid s 82.
[6] Ibid s 81.
[7] Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 73(1)(b).
2You also agreed to have uplifted, and pleaded guilty to, two related summary offences:
(a) committing an indictable offence whilst on bail, with a maximum penalty of three months’ imprisonment.[8] (This is a rolled-up count encompassing four occasions); and
(b) Contravening a conduct condition of bail, a rolled-up count of two occasions with a maximum penalty of three months’ imprisonment.[9]
[8] Bail Act 1977 (Vic) s 30B.
[9] Ibid s 30A(1).
Facts giving rise to the offending
3A prosecution opening dated 3 August 2023 was tendered on your plea and forms the factual basis for this sentence. That document is attached to and forms part of these reasons, and I will refer to parts of it only in summary form here.
4On 11 June 2022 at approximately 3:00 am, you entered the foyer of an apartment complex in Alma Road, St Kilda with an unknown male. The two of you forced open several locked mailboxes and stole personal items from inside. (Charge 2 – Burglary, Charge 3 – Theft, Summary Charge 3 – Commit indictable offence whilst on bail)
5Shortly after this, at approximately 3:29 am, you both entered the secure underground carpark of the same apartment complex. You found a storage area containing boxes of personal documents belonging to a Mr David Sturge and stole several of these. (Charge 2 – Burglary, Charge 3 – Theft)
6On 30 June 2022, you were found by police officers driving a white Nissan Navara. You attempted to evade them before you eventually collided with a bus. You were then arrested and a search of the car revealed the following matters:
(a) 70 personal identity cards in different names;
(b) a segway Electric Scooter; (Charge 4 – Retention of stolen goods)
(c) two mobile phones; and
(d) a blue notebook containing handwritten personal details of several victims.
7You were taken to Werribee Police Station for a record of interview, before being released on bail with conditions. In contravention of your reporting obligations, you failed to report to Werribee Police Station a total of 10 times between 20 July and 31 July 2022, and between 1 August and 10 August 2022. (Summary charge 30 – Contravene conduct condition of bail)
8On 12 July 2022, you activated a Telstra SIM card with a phone number belonging to a Mr Ankit Bhagat. You called the Werribee Police Station using that number and requested to pick up some personal items that were seized by police.
9When police officers executed a search warrant at your address in Wyndham Vale, they found a large number of identification cards and personal documents belonging to a number of people, including a Victorian Drivers Licence belonging to Ankit Bhagat. (Charge 4 – Retention of stolen goods)
10On 25 July 2022 you visited the same storage area as for Charge 2 in Alma Road St Kilda at approximately 5:45 am, this time with an unknown female, and again stole a large quantity of personal documents belonging to Mr David Sturge. (Charge 6 – Burglary, Charge 7 – Theft, and Related Summary Offence – Charge 3 – Commit indictable offence whilst on bail).
11On 4 August 2022, Alexandre Krapywnyi received a statement from his credit card provider, after having not used the account for about five years. The statement set out transactions totalling $11,856.50 which took place in late July of 2022. The transactions included:
(a) two Apple iPhones purchased from JB HI-FI in Werribee Plaza;
(b) a Telstra mobile phone and a carton of cigarettes, purchased from Woolworths in Werribee Plaza;
(c) two Segway Ninebot KickScooters, purchased from JB HI-FI Hoppers Crossing; and
(d) clothing purchased from Rebel Sport in Werribee Plaza. (Charge 9 – Obtain property by deception, Summary Charge 3 – Commit indictable offence whilst on bail)
12CCTV footage later identified you entering each store and making the purchases.
13As part of Victoria Police’s investigations into your offending, investigators obtained Australian Taxation Office (ATO) records for the 2021 and 2022 financial periods. The records indicate that you received Job Seeker payments totalling $11,050 in the financial period ending 30 June 2021, and $10,246 in the period ending 30 June 2022. You also received a carer’s payment totalling $7,399 for the period ending 30 June 2022. You had not disclosed any income for these two financial periods. (Though I note you are not charged with this failure.)
14Some time in late 2021 or early 2022, you created three fraudulent bank accounts with Great Southern Bank under the name Levinia Lewellin. One of the accounts was suspended due to suspected fraudulent activity, and in response you called the Bank, impersonating a female’s voice.
15Investigations revealed that the Great Southern Bank account number (…0647) had deposits made by the ATO totalling $111,300 which were obtained as a result of fraudulent claims. (Charge 1 – knowingly dealing with proceeds of crime)
16When police executed a search warrant at your address on 9 August 2022, they found personal documents and personal mail belonging to various people, including a Queensland Bank Card in the name of Mr David Sturge. (Charge 4 – Retention of stolen goods)
17You were arrested at Werribee Plaza on 10 August 2022. Police searched you and your personal items and found the following:
(a) a blue Telstra mobile phone, which police allege was purchased with Alexandre Krapywnyi’s card;
(b) personal cards belonging to several individuals; and
(c) a small bag containing a white crystal substance believed to be methylamphetamine. (Charge 10 – Possession of a drug of dependence, Summary Charge 3 – Commit indictable offence whilst on bail)
Impact on victims
18Victim impact statements authored by Mr Anthony Fenech and Ms Lavinia Lewellin were provided on your plea.
19Mr Fenech describes how disturbing it was to have his personal information stolen, creating in him a constant fear of financial or administrative problems unfolding undetected by him. The experience has caused him much distress, it affects his thinking during the day and at night and has had an impact on his marriage and on his working life.
20Levinia Lewellin had her identity used in the context of the creation of false bank accounts in her name which caused her both personal and physical distress, interrupting her sleep and affecting the way she can go about doing what should be the ordinary things in life.
21I am careful not to sentence you for the impact of the things that you have not been charged with in this case, but your thefts of identity documents have had very significant impacts on your victims and I do sentence you on that basis.
Prior criminal history
22You have admitted a range of prior convictions including theft, burglary, obtaining property by deception, retention of stolen goods, possession of drugs of dependence, dealing with proceeds of crime, committing indictable offences whilst on bail and contravening conduct conditions of bail.
23Your criminal history commences in 2007 in Tasmania and your Victorian criminal history commences in 2018. Between that year and 2020 you were sentenced for a range of dishonesty offending which includes persistent offending in dishonest ways and causing your imprisonment on multiple occasions.
24There are also two contraventions of Community Correction Orders, one of which culminates in your imprisonment. In short, it is a significant and relevant prior criminal history.
Nature and gravity of the offending
25After the sentencing conversation in the Koori Court, to which I will return, I reconvened the court later in order to hear the parties on a further plea in relation to how the charges were put in your case. I did this because the factual scenario presented in the prosecution opening strongly suggests taxation fraud and possibly other offences against the public revenue, though no charges reflect these offences.
26The funds the subject of Charge 1 were the result of six separate deposits. There are aspects of sophistication to the scheme in that fraudulent bank accounts had been created to receive the funds. But again I am careful to sentence you for the charged conduct and not for other offending but I do this in context. Deception offences I accept are difficult to detect and to investigate and to prosecute. There is a deliberateness and persistence to this conduct, and the burglaries, I find, were committed for the purpose of advancing the subsequent offending.
27You do not fall to be sentenced, I make clear, for any taxation fraud or similar attempts to defraud the public purse. It is clear however that you are charged on the basis of your knowledge that the funds in Charge 1, over $100,000, were the proceeds of crime and that you had control over the relevant accounts at this time and participated on at least one occasion in the impersonation of one account holder.
28Mr O’Sullivan submitted on your behalf that knowledge that the money was proceeds of crime is a feature of the charge pursuant to s 194(2) of the Crimes Act and which engages the higher maximum penalty than separate offences, for example, dealing with proceeds of crime while being reckless or negligent. So, it was submitted, and I accept, that the knowledge that such proceeds were the proceeds of crime is not to be dealt with as an aggravating feature but as part of the charge which raises the maximum penalty.
29Your counsel accepted that your offending could not be said to be isolated however you are not charged with identity fraud or tax fraud which would engage significant principles going to general deterrence.
30It was also submitted that your offending was unsophisticated in that a bank account registered to you at your address was engaged.
31More subjectively, in the context of your life I accept that your offending was directed at funding your addictions to drugs and to gambling rather than for the accumulation of wealth for personal gain. It is clear from the history of the Court Integrated Services reports from late 2021 and into 2022 that you were at least for some time closely prior to your offending genuinely and purposefully engaged in grappling with your addictions and you were exceeding expectations on the CISP program until about April or May 2022.
Personal circumstances
32You were 33 years old when you committed these offences and are currently 34 years old.
33You were born in Smithton, Tasmania. You have three siblings from your family of origin. While you describe your early childhood positively, stating 'life couldn’t have been better', things took a negative turn after your parents separated when you were 10.
34You live with your father, who re-partnered with your stepmother. You and your younger siblings began living with your father and stepmother, and her children from a previous relationship. Your experience in this blended family was one of neglect and family violence, to the point where you and your siblings tried to run away.
35You were eventually able to stop living with your father and stepmother and moved in with your then girlfriend and her family. Around this time, you also reconnected with your biological mother, after six years without contact.
36You now have two children of your own who are 13 and 11 respectively. They live in Tasmania with their birth mother, from whom you have separated. You have a positive relationship with your children, although your connection with them has withered over the last two to three years.
37It is understood that child protection has become involved in the care of your children, after they were exposed to family violence by their mother’s partner. This is something you have been acutely aware of while in custody.
38It appears, from the information provided to me, that there are three longstanding, and likely related, issues in your life: the psychological impacts of the trauma experienced in your childhood; your use of illicit substances; and your problematic gambling habits.
39You have been diagnosed with anxiety and depression and have been prescribed anti-depressant medications. While in custody, you have engaged with mental health services.
40Your use of illicit substances commenced when you were 20 with cannabis and amphetamines. While you ceased use after your children were born, you started again after losing work when you were in your late 20s. Your use of illicit substances escalated in seriousness from this point, and you began to use heroin and methylamphetamines.
41You attended Smithton Primary and High Schools and completed Year 10. After leaving school you worked a number of jobs as a labourer, a dairy farmer, and a stagehand. You have not worked for a number of years as a result of your involvement with the criminal justice system.
42You began engaging deeply with your culture in your early 20s, you are a Palawa man from Tasmania; you learned of your family’s history after your brother created a family tree showing your connection to that heritage.
43Since then you have involved yourself with Aboriginal community through involvement in numerous Aboriginal men’s groups, including the Kirrip Aboriginal Cooperation, and Dardi Munwurro.
44You have also engaged with Aboriginal culture through the creation of Koori art, and other activities.
Psychological material
45A report dated 17 August 2023 authored by Ms Gina Cidoni was tendered on your plea. I have taken the contents of this report into account in a general way. Ms Cidoni's ultimate opinion is that at the time of your offending you were dealing with a severe methamphetamine use disorder which caused and/or exacerbated a gambling disorder. A secondary concern of post-traumatic stress disorder, depression anxiety and adult ADHD were also located. Ms Cidoni cited concerns about potential emotional instability in the form of borderline personality traits which could not be better articulated until your drug addiction is properly addressed.
46In Ms Cidoni’s opinion at the time of your offence your mental state was heavily influenced by your drug and gambling addictions, the one reinforcing the other and serving as maladaptive coping mechanisms to escape from distress and past trauma.
47In Ms Cidoni’s opinion a reduction in the likelihood of your offending requires residential rehabilitation or intensive dayhab programs to provide the environment and assistance you need to address your substance use issue. I take the contents of Ms Cidoni's report into account, as I said, in a general way to arrive at an understanding more generally about you and in particular about the instability and abandonment that characterised your youth, but particularly from age 10.
48Your counsel argued that the matters contained in the report engaged limbs 5 and 6 in the case of Verdins.[10] The prosecutor joined issue with this submission regarding Verdins Limb 6. I find that the opinions in Ms Cidoni's report are expressed at a high level of generality but I do say that Limb 5 is engaged to some, albeit perhaps minor degree, increasing the burden of your imprisonment.
[10] R v Verdins (2007) 16 VR 269.
Matters in mitigation
49You have pleaded guilty to these offences, which at any time is to be regarded as a very significant matter on sentence, but at this time even though court waiting times are reducing, the backlog caused by responses to the pandemic still impedes the administration of justice in Victoria. As a result, your pleas of guilty attract additional and palpable further reduction in your sentence.
50I accept that you are remorseful for what you did. This is evident in your pleas of guilty but also in the way you participated in the Koori Court sentencing conversation.
51I accept that the principles articulated in the case of Bugmy[11] apply to your case in a general way, not directly reductive of moral culpability for the offending, but in the materials before me I think I can conclude that the matters in your personal background have compromised your capacity to mature and learn from experience and have made you more susceptible to substance misuse. To the extent that your offending conduct can be seen to reflect the operation of factors which were beyond your control, the harshness of the moral judgement can be somewhat moderated.[12]
[11] Bugmy v R (2013) 249 CLR 571.
[12]DPP vHermann (2021) 290 A Crim R 110 [14].
52Your offending occurred in the context of a relapse into the use of illicit substances around March to April 2022. You were remanded 10 August 2022 and have been stable, currently held at Marngoneet Prison. You have engaged in an impressive range of courses in custody and now volunteer as a prison services worker and you apply for more senior positions when they are available.
Sentencing conversation
53You elected to have your case heard in the Koori Court jurisdiction. You sat at the sentencing table and listened to Auntie Pam Pedersen and Uncle Jim Berg, elders of the County Koori Court, as they held you to account for what you did.
54I observed and listened to the sentencing conversation. There were times when the elders addressed you in ways that have to be described as tough. One of the elders described feeling shocked when she read about your offending; they bohth pressed you about what you were doing to become better aware of your culture and history. Uncle Jim Berg read to you from parts of the victim impact statements and told you in clear terms that ‘that suffering was caused by you.’
55The sentencing conversation, I observed, was personal and confronting and I take into account your participation in the process in arriving at your sentence.
Current sentencing practices
56I have had regard to a range of current sentencing practices for similar offending however no case is quite like yours and my job is to do individual justice, but I do so against the background of current sentencing practices.
57I accept that your case, with your significant history, there is a role for specific deterrence and for denunciation in particular in this sentence. Mr Campbell, if you persist, the sentenced just keep going up until you stop. I have found that your moral culpability is somewhat reduced by reference to the principles in the case of Bugmy. By the same token, however, the community needs to be protected from you when you enter into a state of severe drug-related need. There is a role for just punishment and for general deterrence.
58Were it not for the evidence of significant progress on the court integrated services program in 2021 to 2022, I would find that your prospects of rehabilitation would be very guarded indeed. However, it is clear that you are a person who can take to a program when the right circumstances exist, you are motivated by a sense of wanting to reconnect with your children. You have accommodation with your family available upon release and you understand that there is significant work ahead of you to earn back your right to family and fatherhood.
Submissions of the parties
59The prosecution submitted that in the context of your previous history and prospects of rehabilitation, a head sentence with a non-parole period was the only appropriate sentence in the circumstances
60Your counsel submitted that given the history of your good compliance with the Court Integrated Services program, at least for a time, warranted imposition of a sentence of imprisonment in combination with a community corrections order.
61I had you assessed for a Community Correction Order with a particular request that you be considered for a residential treatment program at the culturally appropriate Wulgunggo Ngalu centre. By letter dated 31 August 2023 Darcy Harrison, of the Wulgunggo Ngalu Learning Place, advised that the facility is not equipped to manage opiate replacement treatment (which you are currently receiving in custody) and your admission to that program would only be possible if you had discontinued such therapy.
62It is clear from the report of Ms Gina Cidoni, and from your history, that a period of residential rehabilitation is highly desirable in your circumstances. It is difficult to discover that no such placement is apparently available at this time directly from custody.
63On the further plea and sentence conducted on 3 October 2023 I heard submissions from the parties.
64In the wake of the provision of the reports from Community Corrections, the Mental Health Advice and Response Service and the letter from Wulgunggo Ngalu I heard submissions both from your counsel and from the prosecutor in the context of the frustrating lack of options for commencement in a residential rehabilitation program that is culturally appropriate, or even any residential rehabilitation program. It was submitted that you Mr Campbell had also attempted to locate an alternative program from custody, with the same result.
65I have a limited understanding of why such a program is not available to me to incorporate into this sentence, I must defer to the experience of those who manage the programs.
66I have resolved to incorporate a period on a community corrections order with imprisonment on this sentence, with a strong recommendation that placement in a residential rehabilitation centre be made part of the order in the fastest and most culturally appropriate way and as soon as possible. This will require both the Office of Community Corrections and you Mr Campbell working hard to make you program-ready in any way that is asked for. There will be as I have already indicated a further period in custody that may serve as time to prepare under medical supervision for the best to be made of this opportunity.
67I turn now to my sentence.
Disposition
(a) On Charge 1, knowingly dealing with proceeds of crime, you are convicted and sentenced to nine months’ imprisonment.
(b) On Charge 2, burglary, you are convicted and sentenced to five months’ imprisonment.
(c) On Charge 3, theft, you are convicted and sentenced to three months' imprisonment.
(d) On Charge 4, (a rolled-up charge) retention of stolen goods, you are convicted and sentenced to two months' imprisonment.
(e) On Charge 5, obtaining a financial advantage by deception, you are convicted and sentenced to one month imprisonment.
(f) On Charge 6, burglary, you are convicted and sentenced to five months' imprisonment.
(g) On Charge 7, theft, you are convicted and sentenced to three months' imprisonment.
(h) On Charge 8, obtaining property by deception, you convicted and sentenced to two months' imprisonment.
(i) On Charge 9, obtaining property by deception, you are convicted and sentenced to two months' imprisonment.
(j) On Charge 10, possession of a drug of dependence, you are convicted and discharged.
(k) On the related summary charge, Charge 3, a rolled-up count of committing an indictable offence whilst on bail, you are convicted and sentenced to one month imprisonment.
(l) And on the related summary charge, Charge 30, a rolled-up count of contravening a conduct condition of bail, you are convicted and sentenced to one month imprisonment.
68I make the following orders in relation to cumulation. I pause here to note that the sentence of nine months on Charge 1 is to be combined with a 12-month community corrections order and that will be the base sentence. I will make a community corrections order in relation to each of the subsequent charges, but I make one order of 12 months' duration in relation to all the charges together.
69So turning now to the orders for cumulation.
70Two months of the sentences on Charges 2 and 6, and one month on each of the sentences on Charges 3, 4, 7, 8 and 9 will be served cumulatively upon each other and upon the sentence on Charge 1.
71As I said, a community corrections order of 12 months is ordered in relation to each charge.
72In relation to the summary offences, seven days of each of the sentences on summary Charge 3 and summary Charge 30 cumulate on each other and on the other sentences and upon the base sentence on Charge 1.
73This results in a total effective sentence of 18 months and 14 days and in combination with a community corrections order of 12 months.
74To be clear, I have not ordered any cumulation on Charge 5, obtaining financial advantage by deception.
Section 6AAA
75Pursuant to s 6AAA of the Sentencing Act I declare that had you not pleaded guilty but been found guilty after trial I would have imposed a total effective sentence of three years and seven months with a non-parole period of two years and four months.
PSD
76Pursuant to s 18 of the Sentencing Act I declare that 419 days of pre-sentence detention are to be reckoned as already served pursuant to this sentence.
Community corrections order
77I am now going to read the conditions of the community corrections order.
78So this is an order, Mr Campbell, that you will enter into upon your release from custody. The order will be for the duration of 12 months from release. Once I have read through the conditions I am going to allow you an opportunity to speak to your counsel about them and I will be asking you, through your counsel, to confirm your consent to undertaking the order.
1)You will be first subject to the standard conditions of a community corrections order. That means, importantly, that you must not commit any other offences that are punishable by imprisonment during the 12-month period. Let me be clear about this, Mr Campbell: if you do commit further offences, you will be brought back to court, you will be brought back before me and you may be resentenced for these offences, and absent very powerful reasons, you should expect that that would involve your imprisonment.
2)You must report to the Werribee Community Corrections Service within two days of your release from custody.
3)You are required to advise your supervisor in the Corrections office of any change of address where you are living or working and you must do so within two clear working days.
4)It is a term of all community corrections orders that you must submit to visits as directed and you must obey all of the instructions and directions of a Community Corrections Officer, and you are not to leave the State of Victoria without their prior permission and that is for the entire 12 months of the order.
Special conditions
Special conditions that I will attach to the order are as follows:
5)You will be required to undertake treatment and rehabilitation for your drug use.
6)You are required, when it is provided, to undertake treatment and rehabilitation in a residential or withdrawal drug unit when this is made available to you. So you do not have a choice about that, when that is made available to you, you must undertake that treatment.
7)You are to undergo treatment and rehabilitation for your mental health.
8)You are to undergo programs to reduce reoffending, specifically in relation to your gambling.
9)You are required to submit to supervision by your community corrections supervisor.
10)Given that my wish is that you be admitted for residential rehabilitation, I do not order that community work hours be served as part of this order.
11)I require you to participate in judicial monitoring. That means that you have to come back to court, and I will give you a date for that in a moment, when I will be updated about your progress on the order. I will direct that this happens some three months into the order's operation. So the way it would go is this: you will be released, three months on the order, then I get a report about how you are travelling. Ideally at that point you would be heading off to residential rehab, but who knows. I hope to be advised at that point about your efforts, Mr Campbell, and those of community corrections to obtain a placement in residential rehabilitation at that point.
12)I will soon be asking, Mr Campbell, through or counsel for your consent to undertake that order. I take such moments quite seriously, I want you to be properly advised and properly concerned with how you are going to undertake that order, because that might become important later. This is not a moment to be rushed, I want it to be a considered consent to undertaking the order.
13)No doubt you will receive advice that breaching the conditions of your order it is likely that you will be re-sentenced and it is likely that that would involve your return to custody.
14)In a moment I will give you a moment to speak to your counsel. I also have indicated that I make orders for the disposal of the personal documents, identification cards and methylamphetamine as sought. Before I give Mr Campbell a moment with you, Mr O'Sullivan, so that you can advise him about the sentence and obtain his consent to undertaking the community corrections order, I will just ask counsel: is there anything I have missed in the orders?
79MR O'SULLIVAN: I don't believe so, Your Honour.
80HER HONOUR: Either mathematically or otherwise.
81MR O'SULLIVAN: No, I think Your Honour's math is correct. So nine, 11, 13, plus the five on the three individual charges and then the seven days, 14, but I agree.
82HER HONOUR: I will give you a moment, I am sure Mr Wilson will oblige with some privacy just for a moment for you to have a quick conversation with Mr Campbell.
83MR WILSON: Yes, Your Honour.
84HER HONOUR: I will rise for a moment.
85(Short adjournment.)
86HER HONOUR: Mr O'Sullivan, have you had a chance to give your client some advice about his obligations under the proposed community corrections order?
87MR O'SULLIVAN: I have spoken to him about the order, Your Honour, and he does consent to the making of the order in those terms.
88HER HONOUR: All right, thank you.
89MR O'SULLIVAN: Thank you, Your Honour.
90HER HONOUR: That paperwork will be prepared and sent to Mr Campbell at his location.
91MR O'SULLIVAN: Yes.
92HER HONOUR: Unless there's anything else.
93MR WILSON: Nothing further, Your Honour.
94HER HONOUR: Thank you both counsel for your assistance in this case.
95MR O'SULLIVAN: As Your Honour please.
96HER HONOUR: We will adjourn until tomorrow.
97MR WILSON: As Your Honour please.
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