Director of Public Prosecutions v Ching
[2025] VCC 604
•25 March 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00633
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ARI CHING |
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JUDGE: | HER HONOUR JUDGE MARICH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 September 2024, 25 March 2025 | |
DATE OF SENTENCE: | 25 March 2025 | |
CASE MAY BE CITED AS: | DPP v Ching | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 604 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – SENTENCE
Catchwords: Charges: trafficking in a drug of dependence - cocaine – ketamine - possess a drug of dependence - cannabis L - MDMA - dealing with proceeds of crime - non-prohibited person in possession of four imitation firearms without an exemption – intercepted near New South Wales border - search of car – search of residence - 243 grams of pure cocaine - 42 grams of pure ketamine - 893.7 grams gross weight of cannabis - 10.8 grams of gross weight MDMA - $81,320 in Australian currency - Gel Blaster handgun - serious offending - drug offences a substantial social evil - pleas of guilty at the earliest stage – remorse – addiction to substances – CISP – rehabilitation – abstinence – relatively young person - general and specific deterrence – denunciation – just punishment – parsimony – totality.
Legislation Cited: Crimes Act 1958 (Vic), Sentencing Act 1991 (Vic)
Cases Cited: -
Sentence: Convicted and sentenced to 17 days imprisonment, a 30-month Community Corrections Order and $5,000 fine. 17 days presentence detention reckoned as served. 6AAA: had the matter proceeded to trial, and the accused been found guilty on the indictable offences, the sentence otherwise imposed would have been two years and six months imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms N. Burnett | Office of Public Prosecutions |
| For the Accused | Mr D De Witt | McNally & Gleeson Lawyers |
HER HONOUR:
Introduction
1 Ari Ching, you have pleaded guilty to an indictment containing one charge of trafficking in a drug of dependence, namely, cocaine, and one charge of trafficking in a drug of dependence, namely, ketamine – each of which carries a maximum penalty of 15 years’ imprisonment – one charge of possess a drug of dependence, namely, cannabis L, and one charge of possess a drug of dependence, namely, MDMA – each of which carries a maximum penalty of five years’ imprisonment.
2 In this hearing, you have provided your agreement to my dealing with two related summary charges, and you pleaded guilty to both charges, namely, dealing with proceeds of crime – that is, $80,000 in Australian currency – which carries a maximum penalty of two years’ imprisonment, and one rolled-up charge of being a non-prohibited person in possession of four imitation firearms without an exemption, which carries a maximum penalty of two years’ imprisonment or 240 penalty units.
3 The circumstances in which you came to commit those offences are set out in the Summary of Prosecution Opening for Plea dated 12 August 2024, which was marked as Exhibit A in your hearing. The prosecution also relied on the following written documents:
· Submissions on behalf of the Prosecution upon Plea dated 2 September 2024, Exhibit B;
· Bundle of photographs, Exhibit C;
· Criminal history of co-accused Kurt Riordan-Martin and Summary of offending, Exhibit D;
· Community Corrections report dated 13 September 2024, Exhibit E and;
· Summary of accused prior offence, Exhibit F.
4 Since the last day of the hearing of the plea, in mitigation of penalty, I have received a Bundle of three progress reports and a finalisation report prepared by Megan Kew, advanced case manager of the CISP program connected to this court, with attached reports, a senior AOD officer of CISP, Exhibit G. I have also received a Community Corrections Order Assessment outcome report dated 24 March 2025 indicating your suitability for an order, and Mental health advice referral service letter attached, Exhibit H.
5 In addition to the matters developed in oral argument, your counsel relied on the following documents:
· Outline of Submissions dated 16 August 2024, Exhibit 1;
· Addendum Submissions dated 16 September 2024, Exhibit 2;
· ACSO forensic drug and alcohol assessment report dated 24 October 2023, Exhibit 3;
· CISP final progress report dated 13 March 2024, Exhibit 4;
· Bundle of 13 character references, Exhibit 5;
· Medical mental health care plan progress report of Kimberley Sharpe dated 4 March 2024, Exhibit 6, and Bundle of urine screens, Exhibit 7.
6 I have also now received your Letter to me, Exhibit 8, and Photos showing your work, Exhibit 9. I have taken all exhibited documents into careful account in considering the sentences to be imposed and the reasons that I am about to explain, as well as reading all cases cited by counsel, and I have also had careful regard to the matters developed in oral submissions.
The circumstances of offending
7 On the day of your offending, in respect of each charge – that is, 20 September 2023 – you and your co-offender, Mr Riordan-Martin, were targets of a police investigation. At about 2 pm that day, police were informed or observed that you and your co-offender were travelling along the Hume Highway in a white Ford Falcon sedan from the Riddells Creek area towards regional New South Wales. Police suspected that you had drugs in your possession, and two police officers of the North West Metro Regional Crime Squad left their office and began driving up the Hume Highway following your vehicle.
8 At about 4 pm, police communications issued an update that local Wodonga police units had observed your vehicle driving towards New South Wales. Two Wodonga highway patrol officers were stationary at a crossover on the Hume Highway, and your vehicle drove past them. They moved in and activated their emergency signalling lights, and the vehicle pulled over. Other police officers arrived, and the vehicle was searched. Located in an insulated shopping bag on the rear-left passenger seat were two large vacuum-sealed bags containing green vegetable matter, which is the offending referrable to your Charge 3 of possess drug of dependence, namely, cannabis L.
9 The bag was later analysed as containing that substance with a gross weight of 893.7 grams. You and your co-offender were arrested and cautioned, and you were taken to Wodonga police station for interview. Upon arrival at Wodonga police station, you were advised that you would be searched, and you voluntarily produced a small material bag with drawstrings from your underwear. Contained within that bag was a clip seal bag containing two white substances in the form of blocks, and one smaller white substance which was later seized and analysed.
10 This is the offending referrable to your Charge 1 of trafficking in a drug of dependence, namely, cocaine, which was later analysed as containing 346.4 grams in its original admixture, containing 243 grams of pure cocaine – that is, 70 per cent purity – and Charge 2, trafficking in a drug of dependence, namely, ketamine, with the substance later analysed as containing 47.5 grams in its original admixture, containing 42 grams of pure ketamine. The substances of course, were seized by police. At about 6.35 pm, a further search was conducted of the vehicle at the Wodonga police station, and a small Ziplock bag containing a substance and cards bearing your name was found inside a wallet. This is part of the offending referrable to your Charge 2 of trafficking in a drug of dependence, namely, ketamine.
11 At about 8.35 pm that day, police executed a search warrant at an address in Riddells Creek; that is, the family home of your partner. You were known by police to stay there regularly. The bedroom that you shared with your partner was searched, and police located and seized items including a Victorian driver’s licence and Australian passport in your name, a large amount of Australian currency, that is $81,320 which is the subject matter of your summary Charge 8 of deal with property suspected of being proceeds of crime. A black safe, various Ziplock and sandwich bags containing substances – that is cocaine, ketamine and MDMA. The MDMA was later analysed as containing 10.8 grams of gross weight and the purity was not analysed. This is the subject matter referrable to your summary Charge 4 of possession of a drug of dependence namely MDMA. A small plastic bottle labelled “Surgipak” containing empty capsules and various Ziplock bags with powder residue, the residue contributing to your Charge 4, that is possess drug of dependence, namely MDMA.
12 Three sets of digital scales, a large Ziplock bag containing numerous small Ziplock bags, four Gel Blasters, including one black Gel Blaster rifle with the magazine detached. One black Gel Blaster handgun in a black case. One Gel Blaster handgun and nine bags of Gel Blaster bullets located in a factory block handgun case and one black Gel Blaster handgun with red sights located in a black MPA bag, which is the offending related to your summary Charge 17 of a rolled up charge of possess four imitation firearms without an exemption. Four packs of Gel bullets, four Supagas cannisters and pre-loading Gel Blaster tubs with ready gel bullets. A black Nakedvice handbag with several Ziplock bags containing substances and a Cryovac machine and Cryovac bags.
13 On 21 September police broke open the safe which had been seized and it was found to have contained $11,800 of Australian currency and several identity cards in your name. In total $81,320 of Australian currency was located and seized which is the offending referable to your summary Charge 8 of deal with proceeds suspected of being proceeds of crime.
14 The substances suspected of being illicit drugs were later subject to forensic analysis by Victorian Police forensic services and forensic analysis identified the various drugs of dependence which I have summarised, as being referable to each charge, including gross weight of all four substances and pure weight of the cocaine and ketamine referable to Charges 1 and 2. Here I interpolate that a traffickable quantity of cocaine mixed with a substance is 3 grams, and accordingly you are found in possession of well in excess of 100 times the traffickable quantity of cocaine. And a traffickable quantity of ketamine mixed with a substance is also 3 grams and you were found in possession of over 15 times the traffickable quantity.
15 At about 5.54 pm on the day of your arrest, police commenced an interview with you which was suspended to enable further investigations, resumed at 11.25 pm and you exercised your right not to answer questions. Your co-offender Mr Riordan Martin was charged with trafficking cannabis, possessing cocaine and negligently dealing with the proceeds of crime and was later convicted and sentenced to an 18 month community correction order in the Magistrates Court on these matters.
Plea of Guilty, Timing and Remorse
16 You were charged on the date of your offending and remanded into custody. Seventeen days later on 6 October 2023, bail was granted and you were returned to the community under strict conditions. The matter proceeded in the committal stream of the Magistrates Court with a number of committal mentions adjourned for drug certificates to be served.
17 The matter eventually resolved with your indication and intention to plead guilty to charges on 15 March 2024 at committal mention which I accept and take into account are pleas of guilty at the earliest stage. You have saved the witnesses, the court and the community the time and expense of a trial and I also consider your pleas to be reflective of considerable remorse and insight which is a topic to which I will return. I have mitigated sentence significantly on the basis of your pleas of guilty and their timing, and your remorse.
Personal circumstances
18 Thanks to the diligence of your legal team, I have the benefit of detailed outlines of submissions with relevant reports, certificates and references attached from which I have drawn heavily in summarising the relevant circumstances. You are now 26 years of age and had just turned 24 at the time of your offending.
19 You were born to caring parents, your father worked full time and your mother was your primary caregiver who professionally moved from her role as a nurse, to a role managing a childcare centre where her children attended. You have described her as a loving and caring parent who always had time for you and your siblings, in addition to working full time. You have an older brother and a younger sister, each of whom has shown their diligence in education and professional life. You enjoyed a positive childhood in a loving and supported household. Your family including your grandparents have always lived on a property in Sunbury where you now continue to reside. When these proceedings eventually conclude, you will return to the care of your tightknit family.
20 You completed primary school at Sunbury Primary School before undertaking some two years of high school in Melton. Unfortunately you were subjected to bullying from your peers, which understandably left you with issues of self-confidence and you dreaded attending school. After two years the school in Melton closed and you were required to transfer to another local school. I regret to note that at this time when you were aged 14 your family home burned down in a bushfire and your family lost their possessions which were uninsured.
21 This caused the family to experience substantial financial insecurity and you lived briefly in a house owned by your uncle and needed to move schools. You struggled to adjust to the new school and felt particularly disrupted by the upheaval. To your credit you completed your Year 12 VCAL at Salesian College in Sunbury and then had a gap year. You then commenced an electrical apprenticeship installing solar panels, which you undertook over three years between two employers. This obliged you to work very long days and you travelled throughout Melbourne. You commenced a relationship with your long-term girlfriend whose house was subjected to the police search on the day of your arrest.
22 In 2019 you moved from the family home in Sunbury into your girlfriend’s address and shared with her mother at the address in Riddell’s Creek. You commenced a new electrical labouring job just prior to the start of the pandemic but after two or three months you started to struggle with motivation and managing your emotions and experienced lethargy and you felt flat. You started to miss shifts at work and you disengaged from your family and friends. Understandably your employer terminated your employment.
23 At the height of the pandemic your mental health continued to deteriorate and you developed a negative peer group that similarly did not work and you were first introduced to cocaine. By mid-2023 I am told that your cocaine and ketamine use increased to almost daily. This placed you under financial pressure as you were unemployed. Your girlfriend pleaded with you, without success, to commence rehabilitation for your addiction.
24 This is the context in which your offending occurred leading to your arrest on 27 September 2023 and your remand into custody for the 17 days. You found the process of remand harrowing and confronting. After being granted bail you committed to your conditions of bail which included the obligations of the Magistrates Court CISP program, which assisted you over a period of six months to rehabilitate from your addiction.
25 I have the benefit of a reference from Mr Brendan Hollis, advanced case manager of CISP who describes your engagement as overwhelmingly positive. You attended all of your 11 supervision appointments, you completed an ACSO assessment and subsequently one episode of alcohol and drug counselling, eight sessions in all, and you remained abstinent from drugs after this counselling, though I note you had one relapse between your release from custody and commencing your AOD counselling. I commend you for this period of dedication to your rehabilitation from your addiction to drugs which is to your credit. And is a topic to which I must return.
26 As you will recall I deferred sentence so that you could recently undertake a further six month period, this time on County Court CISP, to enable both you and I to understand more effectively the interconnection between your earlier lifestyle of addiction to drugs, your offending and your prospects for rehabilitation from today.
27 Since you were bailed you initially resumed employment as an electrician and you completed your apprenticeship and then you commenced your own business. You are now the owner of a building company which builds portable homes. I have seen photos of those homes. You sub-contract to Modular Masters which was the employer who permitted you to complete your apprenticeship, and you also sub-contract to other companies on a casual basis, undertaking electrical work for modular and small homes.
28 You are ambitious in business and have an interest in expanding your operations within the Sunbury area. You have also enrolled in a Diploma of Business Construction via Building Academy, which commenced in February 2025, and which is anticipated to finish in April 2026.
29 Prior to the commission of these offences, you had appeared before the court on a single occasion for criminal offending, that is, at the Broadmeadows Children’s Court, in December 2016, for three charges of negligently deal with proceeds of crime, a charge of traffic ecstasy and a charge of possess prohibited weapon without exemption or approval. On all charges, you are placed on a good behaviour bond without conviction, which was satisfactorily completed.
30 I have received a bundle of character references to consider in this exercise from family and your partner’s family, from family friends, from close friends, work colleagues and from a psychologist, who has provided you with five sessions of counselling treatment under your mental health plan. These references enable me to obtain a more fulsome picture of your character.
31 They speak to their observations of you being a solid and loyal friend, remorseful for your offending, a person who experienced trauma as a result of losing your home in the bushfire, a man who is optimistic and responsible in relation to treating his addiction to substance, evidenced by the efforts you have made since being granted bail, a person who is respectful, honest and trustworthy, a man who is optimistic about his new business and the opportunity that that provides.
32 You have certainly experienced anxiety and stress as a result of the court proceedings that you have brought upon yourself, however, it is clear that you have an extensive support network, including your partner, family, and friends, who will continue to support you on your rehabilitative journey, and you have undertaken the difficult work involved in admitting your addiction to drugs and understanding the effects that those substances have had upon you, your relationships and your capacity to make sound decisions.
33 My evaluation of your character is complicated by the fact that you’ve previously appeared before the Children’s Court for an offence involving trafficking in a drug of dependence, and also possession of a weapon, which apparently also occurred against the backdrop of trauma, which merged into your addiction to substances and pursuit of an anti-social lifestyle.
34 At the time that the matter was initially listed for sentence, now six months ago, I had some reservations in my assessment of your prospects for rehabilitation, given your history of addiction, and what may concern some is a lack of full appreciation of the seriousness of your conduct. I did have a bundle of urine screens confirming your abstinence from drugs.
35 In order to assist me to manage my concerns, and to do justice to your counsel’s fulsome submissions as to an appropriate and proportionate penalty, I deferred your sentence for a period of six months and entered you onto the excellent CISP Program that this court makes available to suitable participants.
36 I have intermittently reviewed your progress with the assistance of the expert members of staff of that program. Megan Kew, CISP advanced case manager, described your attendance and participation in that program as exemplary. You have focused on developing insight into your offending behaviour, examining the context of your activity, exploring the before, during and after of the events. You have demonstrated a capacity for insight and reflection, as well as recognising your role in continuing the cycle of addiction in your trafficking behaviour.
37 You have vocalised your significant remorse and shame over the events. You have been abstinent from all illicit substances, and have also received support and counselling from David Kwame Arthur, senior AOD counsellor focusing on relapse prevention and developing insight into your triggers. You have abstained from alcohol since Australia Day celebrations, and have a genuine desire to continue to desist from alcohol. Your mental health has stabilised, and your physical health has improved. You are in the maintenance stage of recovery.
38 I have also had you assessed for your suitability for a Community Correction order, and you were, this week, very candid with them over your use of drugs at the time of offending and the connection between your habits, your unemployment and your mental health and your offending with them during that assessment. You are suitable for an order. They have assessed you as a medium risk of reoffending.
39 Notwithstanding the seriousness of your offending, your historic appearance in the Children’s Court and your drug addiction now in remission, I am willing to infer that you have good prospects of rehabilitation. You have told me of your rehabilitative journey and have shown me your willingness to engage in support. You have a fierce interest in avoiding a sentence of immediate imprisonment and in not coming back before the court.
40 I intend to impose sentence that weighs rehabilitation heavily as a purpose of sentencing. If you can continue to pursue the path that is already well established of a positive lifestyle, I consider that your prospects of rehabilitation are good, as I have said, and will become very good as time goes on, if you can continue to abstain from the use of illicit substances.
Objective gravity of your offending; moral culpability
41 Having considered the legal submissions in this case and the evidence carefully, I form the view that your offending in respect of Charge 1 is a very serious example of trafficking simpliciter in cocaine, and Charge 2 is a serious example of trafficking simpliciter in ketamine. You had in your possession, for the purpose of trafficking, an amount exceeding 100 times the trafficable quantity of cocaine in combination with the ketamine. You also possessed two other drugs. You drove with these drugs for two hours, and were intercepted near the border of New South Wales.
42 I accept without the slightest hesitation prosecution counsel’s summary of relevant law, which shows the objective gravity of the offences of trafficking and possession. Drug offences are a substantial social evil, which causes significant harm to the community and its most vulnerable members. Actions such as yours of trafficking in what the law refers to as ‘simple’ quantity, but which I would characterise it as a significant simple quantity, particularly of cocaine in your case, as well as ketamine, feed the addiction of vulnerable persons in the community
43 Use is dangerous, and trafficking is a morally corrupt activity that feeds on the vulnerability of users, allowing others to profit from the despair of users. It contributes to negative physical and mental health outcomes of users. It feeds property offending. It creates dangers to the community and to those who use substances. Your involvement in a polydrug journey shows a level of moral corruption which disappoints me. You had a large amount of cash reasonably suspected of being the proceeds of crime and imitation firearms that are hauntingly similar to the real thing.
44 While your offending in respect of each charge is confined to a single date, I accept the prosecution characterisation that, on that day, your engagement in the business of trafficking was objectively grave and your purpose was linked to your addiction and your commitment to obtaining drugs to service your addiction. Your role was, at least, a person who could be trusted with the delivery of large simple quantities of the two drugs over long distances and trusted with the possession of other drugs, including: cannabis in a significant quantity.
The purposes of sentencing, sentencing submissions and relevant sentencing principles
45 In cases of this nature, the need for general deterrence is high. In other words, I am required to send a message to the community generally to deter others from engaging in this type of behaviour. I must give significant emphasis to this objective of sentencing, as well as to the need to denounce your behaviour and punish you for your offending, which I will.
46 This is not your first involvement in the offence of trafficking. You have a Children’s Court prior for that offending. The risks of your behaviour were well known to you and were manifestly clear, but you proceeded nonetheless. In your case, your willingness to engage in this type of offending, indifferent to the risks it causes you and others, enhances the need for specific deterrence, and I am obliged to give considerable weight to this factor, as well.
47 Your counsel has submitted that my evaluation of the need for specific deterrence should be borne in light of the rehabilitative processes that you have undertaken whilst on bail. I do, but I still consider that specific deterrence looms large in the sentencing exercise. Your offending will attract a period of imprisonment, as has been conceded by your learned counsel. You were remanded into custody for 17 days, and it was a deeply unpleasant experience for you. You have endeavoured to show that you can be trusted with the responsibility of a disposition that does not require your further confinement.
48 In the time since you were released from remand, you have commenced the onerous responsibility of processing the full consequences of your conduct and showing yourself to be a good prospect for rehabilitation.
49 Your participation in the rehabilitative programs that the court facilitates has been exemplary. You have literally turned your life around since this offending, and are now the owner of a small but growing business, are enrolled in a course, are abstinent from drugs and alcohol and are remorseful for your conduct. You are still a relatively young person, and I am prepared to infer that this process has been a shameful and embarrassing one, with enormous salutary effect, and that you may mature out of any last temptation to offend.
50 Your counsel submitted that I ought impose a sentence that imposed a combination of custody not exceeding time served and a suitably onerous Community Corrections order. I have been taken carefully through past similar cases in which Community Corrections orders have been imposed for offending, which carries some similar features to your offending. I was also taken through the obligation of the parsimony principle of sentencing, which obliges me to consider and exclude a sentence which does not involve further confinement before proceeding to any immediate sentence.
51 I was also taken through the reasoning of the Court of Appeal in cases such as Bolton, wherein it was explained that a suitably tailored Community Corrections order, which may involve not only restricted core conditions, but extensive and punitive tailored program conditions, should not be considered a soft option in the sentencing hierarchy.
52 Prosecution counsel has strongly urged me against this course, submitting that, whilst accommodation of custody and a Community Corrections order might be within range, a sentence without further imprisonment would be impermissibly lenient. I have reflected on this issue carefully for the six months since deferral.
53 Ultimately, in all of the circumstances of the case, having proper and careful regard to the parsimony principle of sentencing, I am unable and unwilling to impose further custody in a combination sentence, as I conclude that I’m able sufficiently to emphasise the sentencing principles of general deterrence, denunciation, just punishment and community protection with a stern and suitably onerous Community Corrections order.
54 I have been mindful of the totality principle of sentencing in structuring my sentence. Mr Ching, could I trouble you to stand, please. On Charge 1 of trafficking in cocaine, you are convicted and sentenced to 17 days imprisonment, and a Community Corrections order, the details of which I will explain in a moment. On Charges 2 and 3, you are also convicted and sentenced to the Community Corrections order. It is the same Community Corrections order in respect of each of the three offences, as I’m satisfied, pursuant to s40 of the Sentencing Act, that Charges 1 to 3 are part of a series of offences of the same or a similar character.
55 I cannot impose such an order without your consent, and I need you to listen carefully, please, to the tailored program conditions that I propose to impose, and I will need to take your consent to entering you into this order. The order will be that the order will run for a period of two years and six months. I will oblige you to complete 300 hours of unpaid community work, that you undertake supervision and treatment and rehabilitation for drug, alcohol and mental health, with all hours of treatment and rehabilitation to be credited towards your unpaid community work. This is a very onerous order. Could you indicate your agreement to such an order, or do you decline to agree to such an order?
56 OFFENDER: Yes. I agree, Your Honour.
57 HER HONOUR: Very well. Thank you. On Charge 4 of possess MDMA, you will be convicted and fined the sum of $1,000. On the summary charge of proceedings of crime, convicted and fined $2,000, and on the summary charge of imitation firearms, convicted and fined $2,000, which is a total fine of $5,000. And I understand the convention is an initial stay – an automatic stay will be provided, and then further time can be sought for instalments.
58 I declare pre-sentence detention of 17 days reckoned as served, and my indication is that, were it not for your pleas of guilty, had you proceeded to trial, but been found guilty on the indictable offences, I would have imposed a sentence of two years and six months imprisonment. Sir, you may be seated.
59 OFFENDER: Thank you, Your Honour.
60 HER HONOUR: Now, I will make a forfeiture order in relation to the iPhone, currency, scales, two mobile phones, a Givenchy brand pouch, cash counting machine, a lock box, more currency, FoodSaver brand vacuum sealer, as requested by the prosecution. Do you need to be heard, Mr De Witt, on that particular forfeiture order?
61 MR DE WITT: I don’t, no.
62 HER HONOUR: I will separately make the forfeiture order sought by the prosecution in respect of Gel Blasters, plastic cases connected to Gel Blasters, Gel Blaster ammunition, gas canisters, miscellaneous Gel Blaster items. Yes, do you need to be heard in relation to that forfeiture order?
63 MR DE WITT: No.
64 HER HONOUR: And I will make a disposal order of a large number of items related to substances, vegetable matter, powdered substances, clip seal bags, exhibits as disclosed in the hand-up brief. Do you need to be heard on that disposal order?
65 MR DE WITT: No.
66 HER HONOUR: The closest Community Corrections Office, we will take instructions. Sunshine. You will need to attend the Sunshine Office of Corrections within two business days, which is by close of business on Thursday. If you breach the order in any way, either the core conditions or the program conditions, you will have the deeply unhappy occasion of needing to come back before me for resentencing. Is that clear, Mr Ching?
67 OFFENDER: Yes. It is, Your Honour.
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