Director of Public Prosecutions v Cole

[2024] VCC 1333

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00536

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRANDON COLE

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JUDGE:	HIS HONOUR JUDGE GAMBLE
WHERE HELD:	Melbourne
DATE OF HEARING:	12 and 19 August 2024
DATE OF SENTENCE:	27 August 2024
CASE MAY BE CITED AS:	DPP v Cole
MEDIUM NEUTRAL CITATION:	[2024] VCC 1333

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence.

Catchwords:              Trafficking in a drug of dependence – Prohibited person possess firearm – Theft – Handling stolen goods – Possession of a drug of dependence – Possess controlled weapon without excuse – Possess cartridge ammunition – Possess prohibited weapon without exemption or approval – Possess distress signal – Drive whilst authorisation suspended – Use unregistered motor vehicle – Dealing with property suspected of being proceeds of crime.

Legislation Cited:      Control of Weapons Act 1990, ss 5AA, 6; Crimes Act 1958, ss 74, 88, 195; Dangerous Goods (Explosive) Regulations 2022, reg 161; Dangerous Goods Act 1985, s 45; Drugs, Poisons and Controlled Substances Act 1981, ss 71AC, 73; Firearms Act 1996, ss 5, 124; Road Safety Act 1986, ss 7, 28, 30; Sentencing Act 1991, ss 6AAA, 18, 89.

Cases Cited:Boulton v The Queen (2014) 46 VR 308.

Sentence:                  Combination sentence of 90 days' imprisonment (equivalent to time already served on remand) followed by a four year community correction order with conditions. Convicted and fined total of $1,750.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Holmes (Plea) Ms S. Gronow (Sentence)	Office of Public Prosecutions
For the Accused	Mr D. De Witt	Papa Hughes Lawyers

HIS HONOUR:

Introduction

1Mr Cole, you have pleaded guilty on indictment[1] to two charges of possession of a drug of dependence (cannabis and methandienone)[2] and single charges of prohibited person possess a firearm (a rolled-up charge),[3] trafficking in a drug of dependence (methylamphetamine),[4] theft[5] and handling stolen goods.[6]

[1] P11668074.

[2] Charges 3 and 6, pursuant to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

[3] Charge 1, pursuant to s 5(1) of the Firearms Act 1996 (Vic).

[4] Charge 2, pursuant to s 71AC(1) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

[5] Charge 4, pursuant to s 74(1) of the Crimes Act 1958 (Vic).

[6] Charge 5, pursuant to s 88(1) of the Crimes Act 1958 (Vic).

2The maximum penalty for trafficking in a drug of dependence and handling stolen goods is 15 years' imprisonment, while for theft and prohibited person possess a firearm, it is 10 years' imprisonment. For possession of a drug of dependence, it is the lower of the two available maximum penalties, namely one year imprisonment or a fine of up to 30 penalty units, as I am satisfied on balance that each of the drugs was not possessed for any purpose related to trafficking.[7]

[7] The maximum penalty stated in s 73(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) is not applicable to the possession of cannabis charge as the quantity was more than a small quantity as prescribed by Schedule 11, Part 2 of that same Act.

3You have also consented to this court hearing and pleaded guilty to eight related summary offences, as follows:

·Two charges of possess controlled weapon without excuse (an extendable baton and a folding knife);[8]

·Possess cartridge ammunition (a rolled-up charge);[9]

·Possess prohibited weapon without exemption/approval (a laser pointer);[10]

·Possess distress signal (a flare);[11]

·Driving whilst authorisation suspended;[12]

·Using an unregistered motor vehicle;[13] and

·Dealing with property suspected of being the proceeds of crime (a rolled-up charge).[14]

[8] Summary Charges 8 and 16, pursuant to s 6(1) of the Control of Weapons Act 1990 (Vic).

[9] Summary Charge 10, pursuant to s 124 of the Firearms Act 1996 (Vic).

[10] Summary Charge 15, pursuant to s 5AA of the Control of Weapons Act 1990 (Vic).

[11] Summary Charge 17, pursuant to reg 161 of the Dangerous Goods (Explosives) Regulations 2022 (Vic).

[12] Summary Charge 19, pursuant to s 30(1) of the Road Safety Act 1986 (Vic).

[13] Summary Charge 24, pursuant to s 7(1)(a) of the Road Safety Act 1986 (Vic).

[14] Summary Charge 25, laid pursuant to s 195 of the Crimes Act 1958 (Vic).

4The maximum penalty for driving whilst authorisation suspended, dealing with property suspected of being the proceeds of crime and possess prohibited weapon is two years' imprisonment, while for possess controlled weapon it is one year imprisonment. For possess distress signal, it is a fine of up to 100 penalty units.[15] For using an unregistered motor vehicle, which in your case is a subsequent offence, it is a fine of up to 50 penalty units. And, for possession of cartridge ammunition, it is a fine of up to 40 penalty units.

[15] See s 45 of the Dangerous Goods Act 1985 (Vic).

5I note that at the time of the offending you were 33 years of age. You are now 34, having been born in July 1990.

Circumstances of the offending

6The circumstances of your offending are set out in the typed Summary of Prosecution Opening for Plea,[16] which your counsel acknowledged could be treated as an agreed statement of facts for sentencing purposes. The basis on which you now fall to be sentenced was also discussed during the plea hearing. I have had regard to that opening and to those discussions when determining the appropriate sentence.

[16] Dated 8 August 2024 (Exhibit A).

7For present purposes, your offending can be summarised as follows.

8On the morning of 3 August 2023, police executed a search warrant at the Burwood rental property you shared with your partner, Cassy. You had also sublet a number of the rooms within the house to boarders. You were not home at the time police attended, however your partner and a number of the boarders were, one of whom fled on foot.

9After securing the premises, police photographed and searched each room.

10The following items were located in the master bedroom which you occupied:

·Two small zip lock deal bags containing a combined total of 13.9 grams of methylamphetamine;[17]

·A black suitcase containing Victoria Police uniform, study notes and belt (Charge 5: handling stolen goods);[18]

·A brown case containing a deal bag with 11 capsules of methandienone (Charge 6: possession of a drug of dependence);[19] and

·An extendable baton (Summary Charge 8: possess controlled weapon without excuse).[20]

[17] See photo 52.

[18] See photo 58.

[19] See photo 61.

[20] See photo 53.

11An operable[21] sawn-off black Remington rifle was located in the garage (this forms part of rolled-up Charge 1: prohibited person possess a firearm).

[21] See photo 84 and the forensic analysis undertaken by Senior Constable Dawe as referred to in his statement dated 15 December 2023 (exhibit 6).

12In addition, multiple boxes of IGET branded vapes and various identification cards in various names were located during the search of your residence (Summary Charge 25: dealing with property suspected of being the proceeds of crime).

13Later that morning, you were intercepted by police in Chirnside Park while riding a stolen Honda CBR1000 motorcycle.[22] As police approached you on foot and asked you to get off the motorcycle, you tried to ride off and had to be subdued.

[22] See photo 8.

14Police enquiries revealed that your driver's licence had been suspended from 2 August 2023 until 12 January 2024 due to an accumulation of loss of demerit points for speeding (Summary Charge 19: driving whilst authorisation suspended).

15

Police enquiries into the motorcycle revealed that it had been reported stolen from a Burwood address on 2 July 2023 and that the registration had expired on

23 March 2023 (Charge 4: theft and Summary Charge 24: use unregistered motor vehicle, respectively).

16At the time of your arrest, you were carrying a black backpack which you had earlier picked up from your garage and placed your own personal satchel bag into.

17Police located the following items in the backpack not the satchel:

·A sawn-off bolt action 0.22 calibre rifle (part of rolled-up Charge 1: prohibited person possess a firearm).[23] Subsequent forensic analysis determined that it was not capable of being discharged in the usual way, although there was another means by which it could be;[24]

·21 x 0.22 calibre bullets and 5 x 30.06 rifle ammunition cartridges (Summary Charge 10: possess cartridge ammunition);[25]

·100 grams of cannabis in three zip lock bags (Charge 3: possession of a drug of dependence);[26]

·A large high quality laser pointer (Summary Charge 15: possess prohibited weapon without exemption or approval);[27]

·A folding knife (Summary Charge 16: possess controlled weapon without excuse);[28] and

·A distress flare (Summary Charge 17: possess distress signal).[29]

[23] See photo 1.

[24] See statement of Senior Constable Dawe (exhibit 6).

[25] See photo 2.

[26] See photo 5.

[27] See photo 6

[28] Ibid.

[29] Ibid.

18Further, on your physical person, police located three small zip lock deal bags containing a total of 13.4 grams of methylamphetamine.[30]

[30] See photo 4.

19In combination, the methylamphetamine located in your bedroom and on your person weighed 27.3 grams. Your possession of that drug of dependence for the purposes of sale forms the basis for the offence of trafficking in a drug of dependence alleged in Charge 2.

Arrest and interview

20Following your arrest, you were interviewed and gave mostly 'no comment' answers, as was your right. You were then charged and remanded in custody. You remained in custody on remand until being bailed on 1 November 2023. Those 90 days of pre-sentence detention will be made the subject of a formal declaration later in these sentencing reasons.

Guilty plea

21I note that you pleaded guilty to these offences at an early stage of these proceedings, for which you are entitled to and will receive a commensurate sentencing discount.[31]

[31] As noted in defence counsel’s submissions (exhibit 1), Mr Cole pleaded guilty on the morning on which the committal hearing was due to be heard.

Prior criminal history

22You have a relevant prior criminal history which spans an eight year period between mid-2010 and mid-2018. As the result of seven court appearances, you have been sentenced for approximately 30 offences. Of particular note are your prior convictions for trafficking in and possession of methylamphetamine, possess controlled weapon, handle stolen goods, deal with property suspected of being proceeds of crime, theft of motor vehicle, and drive whilst disqualified or suspended.

23You have received a bond, been fined and placed on a number of community correction orders. You breached the bond and some of the community correction orders. You have never been sentenced to a term of imprisonment previously.

24Whilst you have previously spent a night in the police cells, the time spent on remand for this matter is your first experience of a prison environment.

Personal circumstances

25Your personal circumstances are helpfully set out in your counsel's written submissions[32] and in the report of the clinical psychologist, Ms Alison Mynard.[33]

[32] Dated 8 August 2024 (exhibit 1).

[33] Dated 8 August 2024 (exhibit 2).

26You were born in Colac as the oldest of three children in your family. You enjoyed a positive childhood in a loving and supportive family environment. You were particularly close to your father who was tragically killed in a truck accident when you were 19. You and your brother have followed in his footsteps and also work as truck drivers. When your mother returned to full-time work once you were older, you took on some of the responsibility for the care of your younger siblings.

27You have no contact with your sister who is estranged from the family. However, you are close to your brother and lived with him after being bailed on this matter.

28The untimely death of your father had a profound effect on the whole family. Your mother began to drink heavily and spend substantial periods away from the family home. It had a negative impact on your younger siblings and led to them coming to live with you and your partner only six months after you and her had your first child. That arrangement continued for three years and was very challenging. You struggled to balance work and carer commitments while also attempting to deal with your own grief. You are still dealing with unresolved grief issues.

29You left school after completing Year 10 to take up a furniture finishing and restoration apprenticeship, which you completed at age 19. It did not pay well enough, however, and so you obtained your truck driving licence and worked full time driving trucks. It was at about this time that your siblings came to live in your home. You worked long shifts, six days a week, in order to try and meet your increased financial obligations.

30After two years, you took on a job in operations management for the more consistent and predictable hours. Over a period of 12 years, you worked in logistics/coordination roles for three companies.

31In 2021, you returned to working as a truck driver. You continued to do so until approximately six months before your current offending.

32Despite experiencing periods of drug dependence and adversity, you appear to have maintained a good work ethic and employment history. Before offending on this occasion, your longest period of unemployment had been three months.

33Your first relationship commenced when you were 17 and lasted five years. It produced two children who are now aged 14 and 12.

34Your next relationship commenced soon afterwards, lasted for three to four years, and produced two children. Charlie is now aged 8 and lives with your mother, while Peter lives with your aunty and is subject to a long-term care order.

35You have been in your current relationship with Cassy for two and a half years. You have had two children together and she also has a seven year old son from a previous relationship. In very recent times, Cassy and your two youngest children have, with the knowledge and approval of Child Protection, returned to live with you in a house you have rented for the family.

36You did not use drugs on a consistent basis until you were 21, in the context of using methamphetamine to help you manage the long hours of work and family commitments. After two years, you stopped using and maintained abstinence for several years.

37At age 24, you were introduced to the drug methylamphetamine by your second partner, Sam. When the Department intervened and removed the children from the care of you and her, your drug use escalated. The two of you separated three years later.

38You then managed to cease drug use for several years after 2016 and it was during that time that you met your current partner, Cassy.

39Your counsel suggested there was a causative link between your drug use and involvement with the criminal justice system. That submission seems to be supported by the fact that gaps in your criminal history coincide with the times when you have managed to be drug free, including for a period of some years leading up to your current offending in August last year.

40In 2023, you were working long hours and your partner was pregnant with your youngest child. Under stress, you relapsed into drug use briefly, then unexpectedly lost your employment as a driver at a freight company where you had been working for two years. Your job loss was soon followed by the removal of the children by DFFS when you tested positive for cocaine. This caused a downward spiral for both you and Cassy involving daily use of methylamphetamine and mixing with negative peers.

41On your account, you began to rent rooms to drug using acquaintances who were in and out of custody, in order to try and meet your rental obligations and mounting debts. On your instructions, one of those men left a firearm behind which you found and moved to another location in the home. The items found in the backpack, save the satchel, also belonged to someone else. The cannabis was for communal use within the house. You were selling small amounts of methylamphetamine to fund your own use.

42You found the experience of being held on remand an isolating and difficult one. It was a salutary experience which has motivated you to try and turn your life around. In that context, you tried to use your time whilst in custody productively. In addition to working as a billet, you also completed a number of short courses.

43Since being granted CISP bail in November last year, you have made significant progress in the community. Over the last 10 months or so, you have remained drug and offence free. You successfully completed the CISP program over a period of 21 weeks. Your case manager described you as being highly motivated to achieve and maintain a change in your lifestyle, and as requiring very little support or prompting to ensure that your treatment was progressing. You attended all 15 of your supervision appointments and completed an episode of alcohol and other drug counselling through Barwon Health.

44Immediately upon your release, you and Cassy resumed working with DFFS to reunite the family. A letter from one of those workers confirms your excellent engagement with their services. Since April 2024, you have provided urine screens three times per week, all of which have been negative. You have attended frequent appointments with your case worker as well as ongoing supervised visits with the children. And, on the Department's recommendation, you obtained suitable rental accommodation in anticipation of the youngest children being returned in the very near future. That family reunion occurred earlier this month. After initially doing some part-time local truck driving work for your brother, you are now working for an employer who is aware of your court and DFFS commitments.

45Furthermore, you have worked to reconnect with family and friends to build a prosocial and supportive network.

46You were assessed by the psychologist, Ms Mynard, on two occasions this year; first on 5 July and then on 7 August.

47You presented with symptoms of severe anxiety exacerbated by methamphetamine abuse. In her opinion, your use of substances to try and keep going through a difficult family situation following your father's death, ultimately led to a decline in your mental health and functioning, including the development of a complex bereavement disorder. The later loss of your job and children likely triggered your pre-existing issues with loss and grief and resulted in distress and further use of substances to cope. Your offending behaviours are to be understood in that context.

48In Ms Mynard's opinion, your risk of reoffending can be significantly reduced if you continue to engage in services that support your continued abstinence, such as AOD counselling. In her view, you would also benefit from grief and loss therapy as well as therapy which focused on reducing your anxiety and depression.

Matters in mitigation

49Your counsel was able to rely on a number of matters in mitigation on your behalf, Mr Cole.

50Your early plea has a significant utilitarian value. By pleading guilty as and when you did, you spared the community from the cost of a trial and facilitated the course of justice.

51That plea together with some of the material placed before the court, has satisfied me that you are remorseful.

52You have a very good work ethic and a sound work history.

53You enjoy strong support from your family and others.

54To your credit, you have used your arrest and remand for this offending as a catalyst for positive change in your life. I accept that you have a genuine desire to try and overcome the issues that led to such offending and to provide a better environment for your family.

55Whilst there is much work still to be done, especially in terms of overcoming a serious drug addiction, you are now better placed to lead a more productive and worthwhile life than you have been for some time.

Gravity of the offending

56This court must also have regard to the objective gravity of your offending, Mr Cole.

57The inherent seriousness of some of these offences is illustrated by them having either a 15 year maximum (as for example, with trafficking) or a 10 year maximum (as for example, with prohibited person possess firearm).

58Overall, your offending was extensive, involving as it did the commission of a significant number of varied and quite separate offences.

59The explanations you have provided for some of that offending are less than convincing and the offences involving the trafficking of methylamphetamine and possession of firearms, weapons, ammunition and police issue items is troubling, to say the least.

60In the case of the firearm offence, it is made more serious by the fact that it is a rolled up charge involving two firearms not one. And, each of those firearms was operational.

61However, this court is not able to be satisfied beyond reasonable doubt that the possession of either of those firearms was for the purpose of any other criminal activity or purpose. In part, that is because of the fact that two of the men who were sub-tenants of your property have prior convictions for possessing firearms and other weapons. On the other hand, you do not have any priors for possessing or using firearms.

62You do, however, have a prior for possessing a controlled weapon and priors for drug, dishonesty and driving related conduct. They have obvious relevance to any assessment of your moral culpability and prospects of rehabilitation.

Sentencing principles

63The sentencing principles of general deterrence, denunciation and just punishment are all important sentencing considerations in this case.

64Specific deterrence and protection of the community, while still relevant, are of lesser significance.

65Your age and prospects of rehabilitation are another important consideration. Doing the best I can on the available material, I have ultimately concluded that your prospects are at least reasonable.

66Given the close temporal and in some instances, physical connection between the offences, the principle of totality must also be borne in mind so as to ensure that any ultimate sentence is a just and fair one.

Sentencing submissions

67In his sentencing submissions, your counsel emphasised the concerted efforts which you had been making towards your own rehabilitation since being bailed. He ultimately submitted that a combination sentence was both open and appropriate. More particularly, he submitted that a sentence equivalent to the time already spent on remand (90 days) together with a lengthy and strict community correction order with both punitive and therapeutic conditions, would meet all of the sentencing objectives to which this court must have regard.

68For their part, the prosecution agreed that a combination sentence was open in light of the significant positive progress that you had made while on bail.

Analysis

69This case presents as a difficult sentencing exercise, Mr Cole. On the one hand, your offending was varied in nature and extensive. It was also clearly serious and has some troubling aspects. Furthermore, it was engaged in by someone with a relevant criminal history. On the other hand, you appear to have done as much as you can since being arrested to turn your life around for the better. In the time available, you have made considerable progress towards your own rehabilitation.

70If this court imposed a sentence that required you to return to custody today, it would put at risk and undermine that progress. Such a course should only be undertaken if it is the only sentencing option available.

71In the end, after carefully considering all of the matters raised by this case, I have decided to take a very lenient, even merciful course by acceding to your counsel's sentencing submission.

72As noted in Boulton v The Queen,[34] a community correction order can itself be a punitive sentence. It is even more so when combined with a term of immediate imprisonment. I have no doubt that your time spent on remand has already achieved a measure of personal deterrence in your case. To impose a longer custodial sentence at this point in time would not benefit you nor the community which, after all, has a vested interest in the rehabilitation of offenders.

[34] (2014) 46 VR 308.

73In such circumstances, limiting the custodial portion of any combination sentence to time already served is appropriate providing the community correction order is of sufficient length and is sufficiently onerous so as to make the overall sentence sufficiently punitive.

74You have been assessed as suitable for a community correction order and have indicated your consent to being placed on such an order. The proposed order will combine punitive and therapeutic conditions which are aimed at providing a suitable level of punishment and accountability as well as avenues for you to receive the necessary assistance for your drug and mental health issues.

Sentence

75Mr Cole, after having carefully considered, balanced, and weighed the relevant sentencing considerations in your case as best I can, I have decided to sentence you as follows, providing you consent.

76In respect of all charges in the indictment and Summary Charges 8, 15, 16, 19 and 25, you will be convicted and sentenced to an aggregate sentence of 90 days' imprisonment in combination with a four year community correction order, which will have the following core conditions:

·You must report to the offices of Geelong Community Correctional Services within two clear working days after the commencement of this order;

·You must not commit any offence punishable by imprisonment while the order is in force;

·You must comply with any obligation or requirement prescribed by the relevant regulations;

·You must report to and receive visits from the Secretary;

·You must notify a Community Corrections Officer of any change of address or employment within two clear working days of the change;

·You must not leave Victoria except with the permission of the Secretary; and

·You must comply with any direction given by the Secretary that is necessary to ensure that you comply with the order;

77In addition to those core conditions, the order will have the following conditions:

·You must perform 450 hours of unpaid community work, as directed;

·You must be under the supervision of a Community Corrections Officer for a period of four years, as directed;

·You must undergo assessment and treatment (including testing) for drug abuse or dependency, as directed;

·You must undergo any mental health assessment and treatment, that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility, as directed; and

·50 hours of treatment and rehabilitation satisfactorily undertaken by you are to be treated as hours of unpaid community work for the purposes of the unpaid community work condition.

78Mr Cole, one of the core conditions requires you not to commit any further offences during the period of the order. If you reoffend at any stage during the next four years and/or fail to comply with any one or more of the other conditions, you could be charged with breaching this order, an offence which carries a maximum penalty of three months' imprisonment. Not only could you be sentenced for that offence, but you could also be sentenced afresh for the offences for which you will be placed on this order today. If that were to happen, you could receive a more severe sentence and even be sent back to prison. Please stand up, Mr Cole, and stand in front of that microphone. Do you understand all of what I have just told you, Mr Cole?

79OFFENDER: Yes.

80HIS HONOUR: Are you prepared to consent, that is agree, to being placed on this order today and to abide by all of its conditions?

81OFFENDER: Yes, Your Honour.

82HIS HONOUR: Very well. You will now be asked to formally acknowledge that consent by signing the order. To facilitate that process, you may now leave the dock and take a seat behind your counsel. My associate will provide you with the order to sign and your counsel can provide you with any assistance if you need it.  Come forward, thank you.  Just remain standing there, Mr Cole.  Is that your signature on the order, Mr Cole?

83OFFENDER: Yes, Your Honour.

84HIS HONOUR: Very well. I have also signed the order and so it is now in force.

85You will be provided with a copy of the order before you leave court today, Mr Cole.

86In respect of the remaining summary charges, you will be convicted and fined as follows.

87On Summary Charge 10, possess cartridge ammunition, $750.

88On Summary Charge 17, possess distress signal, $750.

89On Summary Charge 24, use unregistered motor vehicle, $250.

90You have therefore been fined a total of $1,750, Mr Cole.

Pre-sentence detention

91Pursuant to s 18 of the Sentencing Act 1991, I declare that you have served a total of 90 days pre-sentence detention in respect of this sentence, not including today's date. I order that such period is to be reckoned as already served under that sentence and that the declaration and its details be entered in the court records.

Section 6AAA indication

92Pursuant to s 6AAA of that Act, I indicate that but for your plea of guilty to the offences for which you have received a combination sentence today, you would have been sentenced to a total effective sentence of three years' imprisonment with a non-parole period of two years for those offences.

Ancillary orders

93In the event that you are convicted of the theft of motor vehicle offence alleged in Charge 4, s 89(4) of the Sentencing Act 1991 requires this Court to make an order cancelling or suspending your licence, although the period is discretionary. Bearing in mind the circumstances of the offence you committed, your prior criminal history and your need for a licence, I consider it appropriate to order that any driving licences or permits held by you are suspended for a period of one month.

94As for related summary offence of driving whilst authorisation suspended, I consider it appropriate to exercise my discretion under s 28 of the Road Safety Act 1986 in favour of making an order against your licence. For that charge, I also order that any driving licences or permits held by you are suspended for a period of one month.

95In respect of the two orders made in relation to your licence, I further order that both periods of suspension commence on today's date and are to run concurrently.

96I grant the forfeiture and disposal orders in the terms sought by the prosecution, pursuant to s 151 of the Firearms Act 1996 and ss 34(1) and 78(1) of the Confiscation Act 1997, respectively.

Other matters

97Are there any other matters that counsel need to raise at this stage in relation to either the sentence or the sentencing reasons, starting with you, Mr De Witt?

98MR DE WITT: No, Your Honour. No issues, thank you.

99MS GRONOW: No issues from the prosecution, Your Honour.

100HIS HONOUR: Thank you.

101Mr Cole, would you mind just standing forward again please. I hope you understand how fortunate you have been today. You have escaped a further prison sentence by a very narrow margin. Please do not make the mistake that some people who are placed on a community correction order make by giving their job or other aspects of their life priority over their obligations under the order. In your case, that would be a big mistake and likely lead to breach proceedings and to you being sent back to gaol. It would be very short sighted when you think about it because you cannot have a job if you end up back in gaol.

102One further word of caution, Mr Cole. Do not be tempted to drive during the next month because if you do, and you are caught, you will be charged with a further offence of driving while suspended which, if proven, will breach this community correction order and bring you back before me.

103Do you understand all of what I have just said, Mr Cole?

104OFFENDER: Yes, Your Honour.

105HIS HONOUR: Very well.

106Please now adjourn the court, Mr Tipstaff.

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