Director of Public Prosecutions v Ceu
[2021] VCC 1726
•3 November 2021
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-21-01876
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NUNTHA CEU |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 October 2021 | |
DATE OF SENTENCE: | 3 November 2021 | |
CASE MAY BE CITED AS: | DPP v Ceu | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 1726 | |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords: Carjacking – common law assault – attempted robbery – theft of motor vehicle – 18 year old offender – deprived childhood – refugee background – family violence – offender on probation order and adjourned undertaking at time of offending – relevant criminal history – early guilty plea – burden of custody due to COVID-19 pandemic – Verdins limb 5 – general and specific deterrence – community protection
Legislation Cited: Crimes Act 1958; Sentencing Act 1991
Cases Cited:Bugmy v The Queen (2013) 249 CLR 571; R v Mills [1998] 4 VR 235;
R v Verdins (2007) 16 VR 269; Worboyes v The Queen [2021] VSCA 169
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Pickering | Office of Public Prosecutions |
| For the Offender | Ms N. Low | Victoria Legal Aid |
HIS HONOUR:
Introduction
1Nuntha Ceu, you have pleaded guilty on indictment to one charge of carjacking contrary to s79 of the Crimes Act 1958, one charge of common law assault contrary to the common law, one charge of attempted robbery contrary to s75 and s321M of the Crimes Act 1958, and one charge of theft of a motor vehicle contrary to s74 of the Crimes Act 1958.
2The maximum penalties applicable in respect of these charges are as follows: carjacking, 15 years' imprisonment; common law assault, five years' imprisonment; attempted robbery, 10 years' imprisonment; and theft of a motor vehicle, 10 years' imprisonment.
3The circumstances of your offending are set out in the prosecution opening for plea dated 7 September 2021.[1] Your counsel indicated that this was an agreed document for the purposes of sentencing. I will now set out the facts of your offending.
[1] Exhibit A.
Circumstances of the offending
4You committed these offences with others younger than you. Two of your co-offenders, Sean Deng[2] and Raymond Asher[3] were aged 15 at the time and have been sentenced in the Melbourne Children's Court to youth supervision orders. At the time of the offending, you were 18 years old.
[2] A pseudonym.
[3] A pseudonym.
5The offending occurred on the night of 6 December 2020. Your offending in Charges 1 to 3 targeted random individuals who were unknown to you and your group.
6You were picked up from Croydon by your two co-offenders and three other young men, all of whom were in two stolen vehicles: a red 2003 Mazda Tribute and a grey 2010 Holden Cruze. The grey Holden Cruze had been stolen earlier that day.[4] You were not involved in the actual theft of the Holden; however, you knew that it was stolen and continued to remain and/or use the vehicle (Charge 4 – Theft of a motor vehicle).
[4]The red Mazda was also a stolen vehicle. It was stolen on 2 December 2020.
7The first incident occurred at approximately 10.30 pm. The victim, Mr Shadlow, along with a female friend was standing outside of his vehicle, a silver Ford sedan parked in a reserve in Doncaster East. They were eating pizza. The stolen red Mazda Tribute pulled up beside it and a male passenger exited the vehicle. At the same time, the stolen grey Holden Cruze you were in drove up to Mr Shadlow's car, boxing it in.
8You and Deng got out of the Holden Cruze. Both of you were wearing blue latex gloves. You became aggressive and asked Mr Shadlow for a cigarette. Deng ate a slice of Mr Shadlow's pizza. You assaulted Mr Shadlow by punching him three or four times to the face and head region. These blows caused Mr Shadlow to fall to the ground. While on the ground, you kicked him in the back and ribs approximately four times.
9While Deng demanded Mr Shadlow's car keys and wallet, you attempted to stomp on his head but missed. Deng took Mr Shadlow's car keys and wallet containing bank cards from his jacket pocket. As Mr Shadlow tried to get up, one of your group smashed a bottle over the back of his head causing Mr Shadlow to bleed. Mr Shadlow lost consciousness and collapsed.
10Deng drove off in Mr Shadlow's vehicle. It is unclear which vehicle you left in. These facts give rise to Charge 1, carjacking.
11I make clear that in respect of the carjacking charge, you are only being sentenced in relation to the direct assaults and contacts you made with Mr Shadlow. You were not complicit in the blow with the bottle causing Mr Shadlow's head to bleed.
12Later that night, at approximately 11.08 pm, a witness heard the sounds of tyres screeching and vehicles doing burnouts down Templestowe Road in Templestowe Lower. A loud bang followed by the sounds of a vehicle taking off at high speeds was heard by the witness. Mr Shadlow's stolen vehicle was observed crashed into a light pole.
13The second incident that night occurred at approximately 11.15 pm. The victims, Mr Sweeny and Mr Moore, were with three female friends when they observed the two stolen cars travelling in convoy at the intersection of Studley Road and Burgundy Street in Heidelberg. Your co-offender, Asher, began a conversation with Mr Sweeny and Mr Moore before both vehicles drove ahead and then did U-turns, returning to the area where Mr Sweeny and Mr Moore were.
14You exited the grey Holden Cruze and punched Mr Sweeny's head with your closed fist. Mr Sweeny and the three girls ran off (Charge 2 – Common law assault).
15You then approached Mr Moore and asked him if he had anything in his pockets. Before Mr Moore could reply, you punched him two to three times with your closed fist to the right hand side of his neck.
16You and your co-offenders then returned to the stolen vehicles and left the scene.
17At approximately 1.16 am on 7 December 2021, police observed the two stolen vehicles being driven in a convoy. During a police pursuit, the red Mazda Tribute driven by Deng lost control, causing it travel over a footpath and collide into a fence in Thomastown. Following this collision, you were arrested. At the time of your arrest, you were observed by the police getting out of the front passenger seat of the red Mazda Tribute.
18You were taken to Heidelberg police station and interviewed. You told the police you had been picked up in Croydon. Prior to being picked up, you had been drinking with some other boys until around 11 pm. You fell asleep in the car and awoke after the collision and were arrested. You denied any involvement in the offending, saying that your co-offenders must have committed the offending before they picked you up.
19Since your arrest on 7 December 2020, you have remained in custody in an adult prison.
Victim impact
20Mr Shadlow and Mr Moore have made victim impact statements.[5]
[5]Exhibits B and C.
21Mr Shadlow struggled with sleeping in the weeks following the incident. Every time he closed his eyes, he would relive the terrible experience. Even now, he is unable to go out at night on his own, through fear of being attacked again. He is angry and upset that this incident has impacted his life and will continue to do so into the future.
22Mr Moore's victim impact statement was read out on the plea. He states:
I sometimes find myself waking up in the middle of the night in a puddle of my own sweat because of extreme nightmares I've had. I've never had nightmares this intense in my entire life. Sometimes these nightmares just feel so real that when I wake up I need to catch my breath and I start shaking with fear and adrenaline, after these nightmares I find myself awake for hours because I'm terrified of going back to sleep and having the same nightmare again.
23Mr Moore further states that he is constantly paranoid when walking outside at night. He is always looking over his shoulder whenever he hears a car driving past. His mind is never at ease anymore.
24It is plain that your offending has had a significant impact upon Mr Shadlow and Mr Moore. Your offending has taken away their peace of mind and interfered with their ability to walk the streets at will and without concern for their safety.
25Mr Sweeny has not made a victim impact statement. However, it is not difficult to infer that your assault upon him would have been a frightening experience. Indeed, immediately after being attacked, he, along with his female friends, ran away.
Criminal record
26
You have admitted a criminal record consisting of two appearances, both on
24 June 2020. Both appearances were in Ringwood, one before the Children's Court and the other in the Magistrates' Court. In the Children's Court, you were sentenced without conviction to a 10 month probation order for a large number of offences, including two charges of unlawful assault, intentionally causing injury, armed robbery, possessing a dangerous article in a public place, three charges of shoplifting, theft, burglary, handling stolen goods, and two offences of committing an indictable offence whist on bail.
27In the Magistrates' Court, you were sentenced without conviction to an adjourned undertaking for an offence of affray and committing an indictable offence whilst on bail.
28Your prior history, although limited, is relevant. It consists of offences involving both dishonesty and violence. The offending for which you now fall to be sentenced was committed whilst you were subject to both the probation order and the adjourned undertaking.
Personal circumstances
29You were born in February 2002 and are now aged 19. There is no doubt that you have endured a difficult and traumatic life. Your life began in Myanmar where you were born. You were born into a family belonging to the Chin community. You lived with your parents and siblings in a small rural village in Myanmar. Your parents worked hard, carrying out farming work. Regrettably, the Chin people, representing a minority ethnic group, suffered from widespread and ongoing ethnic and religious persecution from the Burmese army. You grew up witnessing violence and gunfire in your village. The violence you witnessed was regular and involved you observing innocent people being shot. Your father was targeted by the Burmese army and had no choice but to flee the country. He arrived in Malaysia as an asylum seeker in February 2007. Having been granted a humanitarian visa, he arrived in Australia in June 2008.
30As a result of your father's absence, your mother was left to raise five young children alone in impoverished conditions, lacking basic necessities and constantly fearing for her, your, and your sibling's safety.
31You attended school in Myanmar; however, your attendance was irregular and disrupted. At school, you were physically disciplined for not attaining the expected standard.
32Your father sponsored the family, and you all arrived in Australia as refugees on 11 March 2010. At the time of your arrival, you were eight years of age. Unsurprisingly, both your mother and father suffered from trauma and mental health symptoms. They have not worked since arriving in Australia. Your father developed a serious drinking issue. His drinking led to violent physical outbursts directed at you when you were young. There were many instances of physical violence perpetrated upon you over a period of about two years. I am told that your father no longer drinks and is involved in a peer support program assisting members of the Chin community address alcohol issues.
33You arrived in Australia not speaking a word of English and scarred by the trauma of war. This made your adjustment and schooling difficult. I have taken account of the matters impacting refugee students as set out in The Bugmy Bar Book to which I was referred by your counsel.
34You initially spent 12 months in an English language school before attending primary school in Grade 3. You struggled at school and would often get involved in fights. You left school when you were in Year 10 in 2019. You worked for a brief period as a labourer with your uncle. Due to the pandemic, resulting in lack of opportunities, you have struggled to find further employment. I am told that you are keen to resume education and training through TAFE.
35You were first exposed to alcohol at the tender age of eight. In your mid-teens, you began to consume alcohol on a regular basis. You told Ms Gina Cidoni, a psychologist, that you have a high tolerance to alcohol and can consume three slabs of beer a day.
36You have smoked cannabis in the past and have used cocaine, LSD, and MDMA. You have used Xanax on a sporadic basis with your peers. At the time of this offending, you were under the influence of Xanax and alcohol.
37I have been provided with a report prepared by Christine Bakopanos dated
27 September 2021.[6] Ms Bakopanos is a senior practitioner counsellor with the Victorian Foundation for Survivors of Torture, known as Foundation House. Foundation House provides specialist trauma counselling to people arriving in Australia as refugees and their families.[6]Exhibit 3.
38You, your mother, and siblings were referred to Foundation House six months after your arrival in September 2010 and were provided with support until April 2011. Issues relating to aggressive behaviour, interpersonal difficulties, learning difficulties and peer relationship problems were noted in respect of you.
39In 2012, when you were 10 years of age, you were again referred to Foundation House. The key issue identified was family violence. This related to violence directed at you by your father.
40In March 2018, your secondary college made a referral to Foundation House due to behavioural issues, including persistent anger and aggression, risk-taking and 'out of control' behaviour. You were provided with counselling and support which is still continuing. This long-term counselling with you was undertaken on the basis of your 'refugee background and experiences of displacement, trauma and grief at a young age, intergenerational trauma, disrupted attachments, separation from his father pre-arrival, family conflict and violence in the settlement in Australia'.
41The counselling focused on psychological symptoms, traumatic grief due to the suicide deaths of close friends, problematic use of alcohol, and offending with peers. The counselling was significantly impacted due to the COVID-19 pandemic. It was extremely limited in 2020 and early 2021 and was predominantly undertaken by phone.
42In late April 2021, Ms Bakopanos became your new treating counsellor. Your previous long-term counsellor, Ms Hortin, was no longer available due to a change in her role at Foundation House.
43At the time of your engagement with Ms Bakopanos, you were on remand. Accordingly, all counselling sessions have proceeded virtually. According to
Ms Bakopanos, you have attended all the scheduled appointments and have presented as 'open, engaged, respectful and polite'. Ms Bakopanos states that you have requested 'ongoing fortnightly contact and appears interested and motivated to continue with trauma focused counselling'.44You have spoken about having flashbacks and nightmares relating to your experience of violence in Myanmar.
45Unfortunately, a close friend of yours from the Chin community whom you met through your church in 2015 committed suicide in 2018. His death has had a significant impact upon you, causing you much grief and sadness. During counselling, you have indicated your difficulty in controlling your emotions, especially anger. You have acknowledged your problematic use of alcohol and illicit drugs. You have also identified aggression and fighting as major issues, exacerbated when you are substance affected. You indicate that you have learnt to calm down but require further support around controlling your aggression.
46Ms Bakopanos states that she will continue to offer you counselling every two to four weeks by videoconference calls while you remain in custody. The counselling will continue at Foundation House in Dandenong once you are released.
47A psychological report dated 24 September 2021, prepared by Ms Cidoni, was also tendered on your plea.[7] Ms Cidoni assesses you as an immature and impressionable young man. She states whilst you were remorseful, you have low insight and judgement. Testing revealed that you are someone in a state of high psychological distress. She has diagnosed you with Post-Traumatic Stress Disorder with Anxiety, Persistent Depressive Disorder, and Substance Use Disorder. She opines that you require ongoing trauma focused counselling, psychological counselling and treatment in relation to your alcohol and Xanax use.
[7]Exhibit 2.
48I have also had regard to the Youth Justice Bail Service report prepared by Natalie Bate, dated 20 August. 2021.[8] This report was prepared in relation to your unsuccessful application for bail in the Magistrates' Court on 23 August 2021. As I stated earlier, the current offending occurred whilst you were subject to a probation order. The probation order has continued post the current offending and has involved online contact with Youth Justice. According to Ms Bate's report, despite your re-offending, your engagement with Youth Justice during the probation order has been excellent.
[8]Exhibit 4.
Gravity of the offending
49The Court must also have regard to the objective gravity of the offending for which you now fall to be sentenced.
50Your offending in respect of Charges 1 to 3, individually and collectively, was serious. The maximum penalties applicable to each charge demonstrate how seriously Parliament regards such offences. Charges 1, 2 and 3 involved separate victims who were merely going about their business without issue. They were entitled to walk the streets at night with their friends and without fear of being attacked. Each of the incidents were unprovoked. As the two victim impact statements reveal, the offending was a frightening experience that continues to haunt them and interfere with the enjoyment of their lives.
51I regard the carjacking offence as the most serious. This offence not only carries a maximum penalty of 15 years' imprisonment but is also a category 2 offence. This means I am required to sentence you to a custodial order unless one of the circumstances set out in s5(2H)(a) to (e) of the Sentencing Act 1991 is established.
52The carjacking was committed with others at night and involved you physically assaulting the victim. You punched your victim a number of times to the head, causing him to fall to the ground. Whilst he was on the ground, you continued your assault by kicking him to the back and ribs approximately four times. You also attempted to stomp on his head. His vehicle was stolen and later crashed.
53
Your offending did not end there. Your group then came across two further victims and you committed the offending subject to Charges 2 and 3. For no reason at all, you punched Mr Sweeny to the head with a clenched fist. This caused him and his three female friends to run away. You then turned your attention to
Mr Sweeny's friend, Mr Moore. Having asked him if he had anything in his pockets, you immediately punched him up to three times to the right-hand side of his neck. Mr Moore also ran away.
54
The offending represented the use of gratuitous violence at night whilst in company with others. Members of the community should be able to walk the streets without any fear of being attacked. Your attacks have instilled that fear as far as
Mr Shadlow and Mr Moore is concerned. The sentence I impose must denounce your offending and deter other like-minded persons from engaging in this type of unprovoked and senseless violence in our streets.
55The offending was committed whilst you were subject to both a probation order and an adjourned undertaking.
56You have a criminal record consisting of violent and dishonest offending. Deterring you from further offending is also a relevant sentencing consideration.
57Protection of the community from you must also be firmly borne in mind. I will deal with the question of your rehabilitation later in these reasons.
58In relation to Charge 4, I accept you were not a party to the actual theft of the vehicle. However, you allowed yourself to remain in and use the vehicle in circumstances where you knew it was stolen. It may be the least serious offence on the indictment; however, it is noted you have a criminal history involving dishonesty, including offences of theft. Of course, you are not being sentenced again, for your prior matters.
59At the time of the offending, you were under the influence of alcohol and Xanax. I am told you have little recollection of your offending. The fact you were intoxicated provides no excuse for the offending you engaged in.
Submissions in mitigation of sentence
60On your behalf, Ms Low stressed the following matters:
· Your young age and the importance of rehabilitation.
· The fact you pleaded guilty at an early stage.
· That you have shown remorse for your offending conduct.
· The increased burden of custody in an adult prison during a pandemic with significant restrictions.
· The increased burden of custody as a result of your mental health issues (Verdin's [9] limb 5).
· The application of the Bugmy[10] principles due to your profoundly disadvantaged background.
· The fact that your two co-offenders received youth supervision orders in the Children's Court. Whilst acknowledging the different sentencing regimes and principles applicable between the Children's Court and this Court, nevertheless, she argued, bearing in mind your age, greater emphasis needed to be given to rehabilitation.
[9] R v Verdins (2007) 16 VR 269 (‘Verdins’)
[10]Bugmy v The Queen (2013) 249 CLR 571 (‘Bugmy’).
61You entered pleas of guilty when the case was listed for a committal hearing but prior to the calling of any evidence. I accept that your pleas of guilty were entered at a relatively early stage in the Magistrates' Court. By entering pleas of guilty, you have facilitated the course of justice and have taken responsibility for your actions. You have also saved the community the time and cost of a trial and have spared your victims from having to give evidence. The utilitarian benefit of your plea is heightened in the current COVID-19 environment when this court is facing a considerable backlog of trials.[11]
[11]Worboyes v The Queen [2021] VSCA 169, [35] – [39].
62I also accept that your pleas demonstrate your remorse. When talking about the victims of your offending, you told Ms Bakopanos:
I feel bad… They were not my enemies… They are innocent people I did wrong by… I was not thinking straight… on drugs and alcohol my mind was fucked up. I didn't care… and I did not see them as people…there was no thought.
63You went on to remark: 'I'm done. My gangster days are over… no point any more… I don't have to prove to anyone.'
64I hope that these sentiments that you expressed to Ms Bakopanos remain firmly embedded in your mind at all times.
65As an 18 year old, and now 19, you have been in custody in an adult prison for a considerable period of time. You have endured an increased burden of incarceration due to restrictions in custody on account of the pandemic. In addition to the 14 days in isolation upon reception in custody, you endured a further period of quarantine isolation when you were transferred between prisons. You have had further and frequent lockdown, including days when you were restricted to only 20 minutes out of your cell. You have had no personal visits and access to programs and rehabilitative services has been significantly curtailed.
66In addition, I accept that limb 5 of Verdins has applicability in your case. Your diagnosed Post-Traumatic Stress Disorder and Persistent Depressive Disorder has made your time in custody more onerous.
67I accept that you have endured a profoundly traumatic background involving witnessing extreme violence that no child should see. The first eight years of your life was spent in poverty, witnessing violence, without the support of your father, and lacking in any meaningful education. Your arrival in a new country, having witnessed extreme trauma was not easy. Adjusting was tough. Your parents dealt with their own demons. Regrettably, you were subjected to family violence over a period of two years, in addition to living with the trauma and the nightmares of your existence in Myanmar. I accept that your moral culpability for your offending must be viewed through the disadvantages you have endured. I regard your culpability as reduced on account of your background and your youth. Similarly, for the same reasons, there must be some reduction in the application of general deterrence.
68This is not a case where the parity principle applies with full force. Deng and Asher were 15 years of age and were dealt with in the Children's Court, where a sentencing regime promoting rehabilitation is prominent. However, I do accept that the age discrepancy between you and your co-offenders is limited and, because of your youth, the question of rehabilitation remains important. Therefore, to the extent possible, I must give consideration to the question of parity.
69It is plain that you need a great deal of help to tackle the multitude of issues that have arisen in your young life. Valuable assistance is being provided by Foundation House, but that assistance would be more beneficial if it was provided in an environment outside of custody, where you could meet your counsellor face to face. Encouragingly, Ms Bakopanos intends to continue counselling with you once you are released.
70Whilst I cannot be too optimistic about your rehabilitation prospects, what I can say is that you should be given every opportunity to tackle the deprivation and the trauma endured by you and lead a law-abiding life. I regard your prospects of rehabilitation as reasonable. You are only 19 years of age and have your whole life ahead of you. Any sentence that I impose must encourage your rehabilitation. Successful rehabilitation of a teenage offender is not only of interest to you and your family, but is also in the interests of the wider community. I have had regard to the principles in R v Mills.[12]
[12][1998] 4 VR 235.
71You have the support of your concerned family, with whom you will reside upon your release. Your family are supported by the Victorian Chin Baptist Church. As well as pastoral care, the church provides a social outlet for members of the Chin community in a positive and supportive environment. You have identified church as being important to you. It is up to you to take full advantage of the supportive environment offered by the church.
Sentencing
72Ms Low submitted that balancing the seriousness of the offending with the mitigating factors, and taking into account the question of rehabilitation, all sentencing objectives can be met by the imposition of a sentence of detention in a Youth Justice Centre. Bearing in mind Ms Low's submission on disposition, no reliance was placed on the circumstances in s5(2H)(a) to (e) of the Sentencing Act 1991.
73On behalf of the Director of Public Prosecutions, Mr Pickering submitted that the offending conduct required the application of denunciation, and general deterrence assumed importance. He also stated that specifically deterring you from further offending played a role in the sentencing exercise.
74
He took no real issue with the matters in mitigation that I have summarised above in paragraph 60. In relation to the reduction in moral culpability on account of
Mr Ceu's traumatic background, he accepted that must follow, but reminded the Court that because of his background and the emotional anger within him and its manifestation in the violent unprovoked and considered attacks upon the victims, meant that greater emphasis had to be given to community protection. He referred me to paragraph 44 in the case of Bugmy, where the High Court stated that the inability of the offender to control violent responses to frustration may increase the importance of protecting the community. In conclusion, Mr Pickering submitted that all sentencing purposes could be met by the imposition of a sentence in a Youth Justice Centre.
75At the conclusion of the plea hearing, I adjourned the matter for an assessment report for suitability of detention in a Youth Justice Centre. I had formed no concluded view and out of completeness, and to avoid any further potential adjournments, I also sought an assessment for a community correction order ('CCO'). In short, you have been assessed as suitable for both a CCO and detention in a Youth Justice Centre.
76I have had regard to the positive pre-sentence report from the Department of Justice and Community Safety dated 17 October 2021 and prepared by Natalie Bate. Having regard to the matters set out in s32(2) of the Sentencing Act 1991, I am satisfied that you have reasonable prospects of rehabilitation, and that it is appropriate to make the Youth Justice Centre order.
77I sentence you as follows:
·On Charge 1, carjacking, you are convicted and sentenced to 22 months' detention in a Youth Justice Centre.
·On Charge 2, common law assault, you are convicted and sentenced to four months' detention in a Youth Justice Centre.
·On Charge 3, attempted robbery, you are convicted and sentenced to 14 months' detention in a Youth Justice Centre.
·On Charge 4, theft, you are convicted and sentenced to two months' detention in a Youth Justice Centre.
78I must bear in mind the principle of totality. The sentence of 22 months on Charge 1 will be the base sentence. One month of the sentence on Charge 2 and five months of the sentence on Charge 3 will be served cumulatively upon the base sentence on Charge 1 and with each other. The sentence on Charge 4 will be served wholly concurrently.
79That makes a total effective sentence of two years and four months to be served in a Youth Justice Centre.
80Pursuant to s89(4) of the Sentencing Act 1991, your licence will be cancelled, and you will be disqualified for a period of six months from today's date.
Pre-sentence detention
81Pursuant to s18 Sentencing Act1991, the period of 331 days of pre-sentence detention, not including today's date, is hereby declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the court's record.
Section 6AAA declaration
82Pursuant to s6AAA of the Sentencing Act 1991, I indicate that had Mr Ceu pleaded not guilty and been found guilty, he would have been sentenced to a term of three years and three months in a Youth Justice Centre.
Disposal order
83Pursuant to s77(1) of the Confiscation Act 1997, I grant the disposal order sought.
84Mr Pickering, does that deal with everything?
85MR PICKERING: Yes, Your Honour.
86HIS HONOUR: And the maths is all right?
87MR PICKERING: Very good, Your Honour,
88HIS HONOUR: Thank you. All right. Ms Low, anything else arising?
89MS LOW: No, Your Honour.
90HIS HONOUR: All right. Yes, thank you.
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