Director of Public Prosecutions v Carthew

[2015] VCC 230

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-01717

DIRECTOR OF PUBLIC PROSECUTIONS

v

JEREMY CARTHEW

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	25 February 2015
DATE OF SENTENCE:	3 March 2015
CASE MAY BE CITED AS:	DPP v CARTHEW
MEDIUM NEUTRAL CITATION:	[2015] VCC 230

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms H. Loh
For the Accused	Mr P. Galbally

HIS HONOUR: 

1Take a seat, Mr Carthew.  Mr Carthew, stay seated for the time being.  I will tell you when you have to stand so that I can pass sentence upon you.  Let me say at that outset, I have decided not to send you to prison immediately.   The sentence that I impose will have a term of imprisonment involved in it, but it will not require you to go to prison immediately. 

2You pleaded guilty to an indictment charging you with an offence of importing a border control drug between 1 January 2011 and 1 May 2014.  There were, I think, a total of 15 separate drugs involved in that charge.

3Charge 2, to which you pleaded guilty, charges you with importing MDMA between 1 March 2011 and 1 May 2014.  Charge 3, to which you pleaded guilty, charges you with trafficking in MDMA between 1 March 2011 and 31 March 2014, and in Charge 4, you have pleaded guilty to using a false document, namely a false probationary drivers licence, in order to set up a Post Office box to enable you to commit the offences of importation. 

4You have also pleaded guilty to a number of related summary offences.  Charge 6, to possessing a Schedule 4 poison; Charge 8, to possessing a Schedule 9 poison; Charge 9, to possessing ecstasy; Charge 12 to possessing a Schedule 4 poison; Charge 14, to dealing with property suspected of being the proceeds of crime, a total of $42,780.20 in cash and one offence of storing unauthorised explosive, namely fireworks, without the approval of the appropriate authority. 

5You have no prior convictions.  Is there something else I have missed out?

6MS LOH: 

7No, Your Honour, just I wanted to clarify in relation to the related summary offences.  I think I heard Your Honour say Charge 9.  The third ‑ ‑ ‑

8HIS HONOUR:  That is no longer proceeded with, is it?  No.

9MS LOH:  Yes, Your Honour, it was 6 and 8, 12, 14 and 15. 

10HIS HONOUR:  Twelve, yes, sorry about that.  Forget Charge 9, you have not pleaded guilty to that, my mistake. 

11You have no prior convictions.  The prosecution has tendered and relied upon a prosecution opening for the plea.  It is a lengthy document.  It was read out in open court on the last occasion.  I incorporated it in its entirety into these reasons for sentence and I do not propose to read it again.  It sets out the circumstances in which you carried out the offences of importation and trafficking drugs over a period of years.   It shows a continuing course of conduct, escalating over time, to a point where you clearly were trafficking, not just for the purposes of supplying your own habit, not just for the purposes of financing your own habit, but also to get an income.   Indeed in the end you were motivated by greed.

12The offences are clearly all serious offences, particularly the offences of importing and trafficking the various drugs that are set out in the charges on the indictment, and in particular, Charge 2,which involves a marketable quantity of MDMA.   That was the drug of choice that you used for the business of trafficking that you were conducting during the dates set out in Charge 3 on the indictment. 

13The maximum term of imprisonment for the offence of importing the subject of Charge 1 is two years imprisonment.  The offence of importing a marketable quantity of MDMA carries a maximum term of 25 years imprisonment.  Trafficking in a drug of dependence, Charge 3, carries a maximum of 15 years imprisonment and using a false document, the subject of Charge 4, carries a maximum term of imprisonment of 10 years. 

14The summary offences all carry maximum sentences of a fine of various levels, except for the offence of dealing in property suspected of being the proceeds of crime, which carries a maximum penalty of two years imprisonment. 

15I will say this now, and I will probably repeat it in different terms later, there is no doubt that your offending conduct in ordinary circumstances would demand a substantial term of imprisonment involving several years.  However, there are a number of matters that were placed before me in mitigation of sentence to which I need to refer and I will turn now to those matters. 

16Your counsel provided me with a folder of materials which contained an outline of his submissions on sentence; a chronology of relevant events; a report from Mr Patrick Newton, psychologist; a report from Mr Jonathan Day of St Vincent's Hospital, Melbourne, dated 20 February this year, and character references from your parents and from Mr Coghlan, your employer. 

17The essence of the plea put on your behalf, was that you had pleaded guilty to the offences; you had not only pleaded guilty at an early stage, but right from the outset; you had engaged in a lengthy interview with the police, during which you made full and frank admissions to your offending conduct and demonstrated remorse and self-castigation for your offending.  It was, as I think I pointed out to your counsel during the hearing, unusual to see as candid a level of confession as was contained in that interview.   That assists me to conclude that you have good prospects of rehabilitation. 

18You have developed insights into the matters that have contributed to your offending, into the seriousness of your offending and the implications for the community of offending conduct of that kind.  It seems that that has developed during the period during which you have been seeking to rehabilitate yourself with the assistance of the counselling sessions with Mr Day at the St Vincent's Hospital.   It was a very good decision on your part to have engaged in those counselling sessions, because it has enabled you, during the period between your arrest and today, to demonstrate that you are serious about your rehabilitation, serious about getting off drugs, serious about leading a decent, honest life, serious about re-engaging with your family and absorbing the support and assistance and love that they are able to and are offering you. 

19You are still a young man and, during the period of the offending, you were between the ages of 19 and 22 years, 23 years of age now.   There are special considerations to be given for persons of your age.  The emphasis is generally upon rehabilitation although, in offences involving the importation of substantial quantities of drugs of dependence, frequently other sentencing considerations have greater sway than rehabilitation.   Ordinarily, the offence of importing a marketable quantity of MDMA would require more emphasis upon punishment, on denunciation and protection of the public and in particular general deterrence.   Although I will mention in a little bit more detail what the prosecution had to say in their response, there is no doubt that offences of this kind ordinarily do require condign sentences in order to deter others from committing offences as serious as this. 

20I note, looking at the dot points in paragraph 1.6, that Mr Kassimatis emphasised that the background to your offending arose from your own addiction to drugs which seemed to have stemmed from a period of social isolation during your schooling years and you having to repeat a year, I think Year 11, and increasing feelings of depression and isolation and anxiety.   You turned to alcohol and cannabis initially and then later on to this large array of other drugs.   You also isolated yourself from your family, which no doubt might have seemed a good idea at the time that you were engaged with your interest in drugs, but overall had disastrous results from your point of view. 

21Mr Kassimatis drew my attention to the nexus which seems to me to be established between your poor social development, your chronic depression, anxiety and what has been diagnosed as Asperger's Syndrome and your offending conduct.   I'll come in a little bit more detail in a moment to examine what Mr Newton had to say in support of that submission.  You are undoubtedly, as I have already indicated, on a path of reformation and you do have excellent prospects for the future.  It was submitted that you do have, because of the matters I have already mentioned, poor social development, Asperger's Syndrome and the like.  You are particularly vulnerable in a custodial setting and there are clearly potentially adverse consequences likely to flow from a period of incarceration, particularly a period of incarceration of the kind that I would ordinarily have imposed for this kind of offending conduct. 

22Those submissions were supported by the opinions expressed by Mr Newton, both in his report dated 21 February of 2015 and in the evidence that he gave in the course of the hearing and I found Mr Newton's report and his evidence particularly helpful in assessing the context in which this offending conduct occurred.  It seems to me that the nexus between your Asperger's Syndrome and your depression and anxiety and social isolation and your offending is impossible to ignore and I accept that there is such a nexus.

23It does seem to me that it is a nexus of a kind which should sensibly moderate the degree to which I regard you as being culpable for your offending conduct, that is not to say that you did not appreciate that what you were doing was wrong.  That is not to say that you were not motivated, particularly in the latter stages, by greed, at least in part, but nevertheless it seems to me to be clear that you are less morally culpable for your offending than someone without those conditions and without that social history and graduation through drug abuse to addiction and into the social milieu which attaches to the drug trade in which you became involved.   Ordinarily that would be a consequence that would be regarded as simply giving you capacity to enhance your business prospects but, in your case, it seems clear in my judgment that it gave you a sense of belonging, which you had not experienced during your schooling and you found yourself being regarded as someone of importance and someone who those within that milieu were seeking out and apparently giving a measure of respect that you had not been used to in your early years. 

24Mr Newton, towards the end of his report in his concluding comments, says:

"The main area of rehabilitative need in Mr Carthew's case is continue drug education counselling.  He should continue to participate in the substance-related treatment he has been receiving since his arrest.  This has assisted him to acquire the behavioural skills necessary to remain abstinent and has also allowed him to develop a good level of insight into such matters as harm minimisation and relapse prevention.  Given the intensity, duration and pervasiveness of his drug use, I would recommend that he continue informal treatment for at least the next 18 months to two years."

25He goes on:

"A second rehabilitative need relates to his social difficulties.  Mr Carthew's deficits in social functioning are not likely to remit fully, even under ideal circumstances.  There is abundant evidence to suggest that his level of adaptive functioning, engagement with the community and participation in valued life activities could all be enhanced by the provision of appropriate specialist rehabilitation.  I therefore strongly recommend that Mr Carthew be referred to a psychologist with specialist expertise in the treatment of adult Asperger's patients.  This would ensure that Mr Carthew receives the ongoing interventionist support he requires to reduce the effects of his problems.  Not only would such intervention be of value in ameliorating the direct impacts of his condition in reducing their emotional toll upon him, but in doing so it would also reduce the most pertinent factors underpinning his drug use and hence his involvement in this offending.  In turn, this would reduce the risk of recidivism considerably."

26A little further on in his concluding remarks, Mr Newton goes on to say:

"Given that Mr Carthew's deficits would persist, and that there would be some risk that they would grow more intense in a custodial context, I would expect that he would experience particular difficulties adjusting to the prison environment.  His limited coping skills would extend any period of time adjusting to the prison context and his difficulties in communicating would be likely to render him a vulnerable prisoner.  His naive and eccentric presentation would be likely to excite some negative attention from other prisoners and his communication difficulties and social problems suggest that there would be a heightened risk that he would become the focus of harassment.  Given his impoverished social skills, his eccentric presentation, his difficulty adjusting to new environments and his dependency upon his family supports, the impacts upon him of being placed in custody are likely to be considerable.  Certainly Mr Carthew is likely to find the experience of incarceration more onerous that would a prisoner who did not labour under the impacts of his various problems."

27It seems to me that your present mental issues, psychological issues, personality issues, impact upon the capacity for you to cope with a term of imprisonment potentially and it seems likely and I think I asked some questions of Mr Newton when he was in the course of his evidence, the answers to which suggest to me that there is a significant risk that your dysthymia, that is your still relatively mild though chronic depression, may deteriorate to a serious depressive illness if you were to be incarcerated, but certainly for the kind of period that this offending conduct would ordinarily require.

28All of those factors and those which I dealt with earlier, persuade me that Verdins principles are engaged, at least the majority of them, that you are a poor candidate for holding up as an example to others in terms of general deterrence and I would regard it as bordering on cruelty in all the circumstances to send you to gaol. 

29I note what has been said about the detrimental effects of imprisonment in the most recent case of Bolton, which was quoted before me.   It seems to me that, asking myself the question which is posed by the court in Bolton, and which has been posed to themselves by Court of Appeal judges in other cases, including in the case of McAleer v R, (2015) VSCA 4, and more recently in Maroccrhini v R (2015) VSC 29, where passages from the case of Bolton were quoted, including the passage which reads:

"The sentencing court should ask itself a question along the line, 'Given that a CCO could be imposed for a period of years with conditions attached, which would be punitive and rehabilitative, is there any feature of the offence or the offender which requires the conclusion that imprisonment with all its disadvantages is the only option?'."

30That is a question that I have to pose myself and have posed myself.   I have done so in the knowledge and with the assistance of the outline of sentencing submissions provided by the prosecution, which remind me that the sentencing provisions in the Commonwealth Crimes Act are to be applied to the charges on the indictment, Charges 1, 2 and 3, which are all Commonwealth offences, and they require me in s.16A(1) to impose a sentence that is of a severity appropriate in all the circumstances of the offence.  I am also required under s.16A(2) to consider a number of other matters, which include many of those that I have already dealt with and I am also required, as a matter of law, just as with State offences, to consider general deterrence.   The prosecution has rightly stressed the importance of general deterrence in cases like this; they are often difficult to detect and in this particular case, where you have used the Internet over a sustained period of time for the purposes of importing drugs through the use of underground websites that specialise in supplying drugs and facilitating criminal activity, a deterrent sentence is ordinarily required. 

31That is not to say that general deterrence cannot be dealt with under a Community Corrections Order.   But, as I have already indicated, I accept the prosecution submission that ordinarily offending of the seriousness in which you engaged would require a prison sentence of quite substantial proportion.  Also, of course, I am required to take into account the maximum terms of imprisonment, including that of 25 years for the offence subject to Charge 2 on the indictment.

32However, it seems to me that taking all those matters into account and the rehabilitative steps that you have already taken and the fact that you are in work and have family supports; you are living at home and you are still a young man and committed these offences between the ages of 19 and 22, the answer to the question posed in the Court of Appeal judgment in the case of Bolton, has to be that a Community Corrections Order is an appropriate disposition in this case and therefore that I cannot, as a matter of law, send you to prison immediately. 

33What I propose to do is to make a Community Corrections Order which will require you to undergo unpaid community work for 250 hours.  It will be for three years.  It will require you to be under the supervision of Corrections Victoria.  It will require you to participate in mental health treatment and rehabilitation, drug treatment and rehabilitation, alcohol treatment and rehabilitation and it will require you to attend for at least one and perhaps other judicial monitoring appointments, the first being in four months time. 

34The order will be for a period of three years.  There are a number of conditions that you will have to comply with and you should realise that if you fail to comply with those conditions, you run the risk that you will be brought back in breach of the order and required to be sentenced again for these offences, which would almost certainly mean a substantial term of immediate imprisonment.

35The other thing which you should be aware of is that if you commit an offence punishable by imprisonment during the period of the order, three years, that that too will put you in breach of the order and not only will you be up for punishment for the offence that puts you in breach, but you will run the risk of being sent to prison for up to three months for the breach, plus you could be resentenced for these offences.  

36The Court of Appeal has recognised that orders of this nature, requiring you to comply with a number of conditions, including unpaid community work, are onerous and punitive.   I cannot impose that order unless you consent to it.  Before you say anything, I am going to add this, that I also propose to sentence you to a total effective sentence of 20 months imprisonment on the Commonwealth offences, that is, Charges 1, 2 and 3, and to release you on recognisance for a period of three years, on your own recognisance of $1000.  So, that sentence too will be hanging over your head.  The release on recognisance will be immediate, so you will not have to serve that sentence if you do not commit any further offences punishable by imprisonment during the period the order is in force which, as I say, will be three years.  If you do commit a further offence punishable by imprisonment, then you will certainly be required to serve that period of 20 months imprisonment, plus any other imprisonment that may be imposed as a result of the breach of Community Corrections Order. 

37I have no doubt that others, your counsel and solicitor, will have been through the general nature of the orders that I have proposed; I cannot impose a Community Corrections Order unless you consent to it.  Do you consent?

38OFFENDER:  Yes, Your Honour.

39HIS HONOUR:  Yes, all right.  Mr Galbally, I have no doubt you have discussed this with your client?

40MR GALBALLY:  I have, Your Honour.

41HIS HONOUR:  Are you satisfied that he understands the implications of the order that I propose?

42MR GALBALLY:  I am, Your Honour.

43HIS HONOUR:  Yes, all right.  I am ready to pass sentence upon you; would you stand, please.

44For the offence of importing border control drugs, a total of 15 of them, during the period 1 January 2011 to 1 May 2014, I sentence you to imprisonment for a period of six months and convict you.  On Charge 2 of importing a marketable quantity of MDMA over the period 1 March 2011 to 1 May 2014, I sentence you to imprisonment for a period of 20 months.  On Charge 3 on the indictment of trafficking MDMA between 1 March 2011 and 31 March 2014, I sentence you to imprisonment for a period of 15 months, and for using a false document on 15 July of 2011, I fine you $1000. 

45In respect of the related summary offences, for possession of a Schedule 4 poison, Charge 6, I convict you and discharge you; on Charge 8 of possessing a Schedule 9 poison, I convict you and discharge you; on Charge 12 of possessing a Schedule 4 poison, I convict you and discharge  you; on Charge 14 of dealing in property suspected of being the proceeds of crime, I sentence you to the Community Corrections Order, the details of which I will make clear in a moment, and for the offence, the subject of Summary Charge 15, of storing explosives without the appropriate approval or authority, I fine you a total of $800 - I think the minimum is $722, isn't it? 

46MS LOH:  Yes, Your Honour.  Yes.  So $800 is a little bit more than that. 

47MS LOH:  Your Honour, while I'm on my feet, could I also clarify in relation to Charge 3?

48HIS HONOUR:  Yes.

49MS LOH:  Of traffic, that is also a state offence of trafficking.

50HIS HONOUR:  State offence?

51MS LOH:  Yes, Your Honour.

52HIS HONOUR:  All right, in that case, that becomes a CCO offence, yes.  I revoke the sentence of imprisonment for that offence.   Thank you very much.  Thank you for pointing that out.  Yes, now I see it does. 

53Each of the Commonwealth offences will notionally commence today, meaning that they will run concurrently and I will make recognisance release order for you to be released immediately upon your recognisance of $1000, to be of good behaviour for a period of three years commencing today and that will run concurrently with the three year term of the Community Corrections Order, which I now pronounce for Charge 3 and indeed all of the charges to which I have referred. 

54I am not sure that I can pronounce them in respect of those charges where there's only a fine, can I?  So it has to be in respect of Charges 1, 2 and 3 on the indictment and 4 on the indictment and Charge 14 of the related summary offences and, in respect to each of those offences, I order that you be subject of a Community Corrections Order for a period of three years, with conditions that you complete 250 hours of unpaid community work; that you be under the supervision of the Department of Corrections; that you participate in drug treatment and rehabilitation, alcohol treatment and rehabilitation and mental health treatment and rehabilitation and judicial monitoring which will take place in the first instance in four months time on a date that Mr Travers will come up with in just a moment, and I also make the orders for forfeiture and disposal in accordance with the drafts that I have been provided with and I give you four months to pay the fines, totalling $1800.

55MR GALBALLY:  If it please Your Honour.

56HIS HONOUR:  I declare that but for your pleas of guilty to these various offences, I would have sentenced you to a total effective sentence of five years imprisonment with a non-parole period of three years.  That gives you some idea of the nature of the seriousness with which this court treats offending of this kind in ordinary circumstances and the real probability of you being sentenced to a substantial term of imprisonment if you are in breach of any of the orders that I have just imposed.

57The recognisance release order operates effectively, as I have indicated, as a suspended sentence.  I have already given you some idea of the consequences of breach of that and that will be further explained to you by Mr Galbally, I have no doubt. 

58If you take a seat now, those orders will be drawn up and you will be asked to sign them when they are prepared and I will ask Mr Galbally to accompany Mr Travers to you when you are asked to sign them so that we can be sure that you understand the full implications of what you are signing. 

59Any other orders?

60MS LOH: Your Honour, the order pursuant to s.464ZF of the Crimes Act is also sought and my learned friend ‑ ‑ ‑

61HIS HONOUR:  Yes, and I am sorry, I do not know whether I have got a draft of that, have I'

62MS LOH:  I handed up a draft of that, Your Honour.

63HIS HONOUR:  There is no opposition that, I take it, Mr Galbally?

64MR GALBALLY:  There's no opposition, Your Honour.

65MS LOH:  The only thing to indicate in that, Your Honour, is the police station and the date on which - or time during which Mr Carthew needs to report to the police station, for example. 

66HIS HONOUR:  Yes.  Well, perhaps Mr Galbally can help you with the police station. 

67MS LOH:  Croydon, Your Honour, is convenient.

68HIS HONOUR:  Croydon, all right, I you wouldn't mind filling in the blanks, as it were, and there's a specified period within which he has to report, I think, isn't it?  Essentially it will be four weeks from today.

69MS LOH:  Yes it is, Your Honour.  Also I formally file, before handing up the forfeiture order, the notice of application for the forfeiture order, and ‑ ‑ ‑

70HIS HONOUR:  Yes, thank you for that.  You did kindly send me a copy and I put that amongst the documents on file, but if you have got it in the original, that should go on the file.

71MS LOH:  Yes, Your Honour, and also hand up the draft forfeiture order, disposal order and also forfeiture for the fireworks, in triplicate. 

72HIS HONOUR:  Thank you.  I think Mr Travers has already printed off most of those order and I think I have already signed them, so.

73MS LOH:  That's very efficient, Your Honour. 

74HIS HONOUR:  You can check and make sure I have done everything that I should.

75MS LOH:  Thank you.  I also hand up - I should have handed at the same time, the 464ZF order.  In terms of sentence, Your Honour, could I just confirm that the CCO does not relate to the first two charges, the Commonwealth charges?

76HIS HONOUR:  Well, it does, yes.  Is there a problem with that.

77MS LOH:  The difficulty is in not being able to impose two sentences for federal offences, so ‑ ‑ ‑

78HIS HONOUR:  Can't you?  Can't you couple with a Community Corrections Order?

79MS LOH:  There could be a CCO for one of them and the imprisonment for the other, or perhaps just a CCO for the State offence.

80HIS HONOUR:  Well, we don't need to worry about that then, I shall remove the stain of the CCO from Charges 1 and 2 and leave the terms of imprisonment intact.

81MS LOH:  Grateful for that, Your Honour.

82HIS HONOUR:  So the Community Corrections Order will attached to Charge 3 and Summary Charge 14.

83MS LOH:  Thank you, Your Honour.

84HIS HONOUR:  Sorry, Charges 3, 4 and Summary Charge 14, because 4 is a State offence too, isn't it.

85MS LOH:  Yes it is, Your Honour. 

86HIS HONOUR:  And I think I can impose a fine and a Community Corrections Order.

87MS LOH:  For the State offence, Your Honour.

88HIS HONOUR:  State offence, yes.

89MS LOH:  Yes, thank you, Your Honour .  It's a ‑ ‑ ‑

90HIS HONOUR:  Thank you.

91MS LOH:  It's one with the lot, Your Honour. 

92HIS HONOUR: You helped me through the minefield of Commonwealth sentencing, about which I ought to know more than I do. Did you give me three copies of the s.464ZF order; you probably did, did you?

93MS LOH:  No, I handed up one, Your Honour.

94HIS HONOUR:  Yes, that's what I thought, yes.  Do you have enough copies or not?

95MS LOH:  I have one further copy, I'll just complete that now, Your Honour. 

96HIS HONOUR:  I think we might need it in triplicate probably.  If you've got a blank copy it can be photocopied and I can sign that.

97MS LOH:  Yes, Your Honour.

98HIS HONOUR:  When I say "blank copy", if you've got Croydon filled in that would be helpful. 

99Whilst the paperwork is being put in place, Mr Carthew, just one more matter I have to tell you about and that is that I am making an order for you to provide a sample of your DNA and that will involve you reporting to the Croydon police station at Croydon during the next four weeks essentially, and you will there be asked to supply a sample of your DNA by a scraping from the inside of your mouth.  If you provide that on that occasion, all well and good, nothing more needs to be done.  If, however you fail or refuse to comply with the requirements for DNA to be supplied in that way, then the officer will be authorised to take a sample of your blood and may use reasonable force to do so, and I am sure you will not put them to that trouble. 

100Take a seat for now. 

101(At this stage the court proceeded with another matter.)

102MR GALBALLY:  Your Honour, perhaps I rise maybe to be of some assistance to the court.  My friend and I are quite happy to be stood down and to come back.  We notice how busy Your Honour's court is ‑ ‑ ‑

103HIS HONOUR:  Well, it's really a matter of getting rid of this so that we can get on with the other matters.  There's something to be said for the quill pen in these circumstances, at least you can rely upon it.

104MR GALBALLY:  We'd be happy to come back if that was of assistance to the court.

105HIS HONOUR:  The trouble is, your client's in custody presently and until he signs his recognisance, and indeed the other order, then I'm not sure I really should be necessarily ‑ ‑ ‑

106MR GALBALLY:  I'm sure he'd want me to stay at the Bar table. 

107HIS HONOUR:  We'll see how we go.  Thank you, Mr Galbally, I'm sure everybody appreciates your gesture, and my apologies to all those in the wings. 

108Mr Galbally.

109MR GALBALLY:  Your Honour, may I be excused?

110HIS HONOUR:  Yes.  Yes, all right, I have signed both of those orders and you may now leave the dock and you may now be excused, thank you. 

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