Director of Public Prosecutions v Cook

[2018] VCC 297

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-02140

DIRECTOR OF PUBLIC PROSECUTIONS

v

BENJAMIN DAVID COOK

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JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:	13 March 2018
DATE OF SENTENCE:	16 March 2018
CASE MAY BE CITED AS:	DPP v Cook
MEDIUM NEUTRAL CITATION:	[2018] VCC 297

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Sentence – Negligently Cause Serious Injury – Plea of Guilty

Legislation Cited:      Sentencing Act 1991 (Vic) – Crimes Act 1958 (Vic)

Cases Cited:Boulton v R [2014] VSCA 342; 46 VR 308; 248 A Crim R 153

Sentence:Convicted, and ordered to serve a Community Corrections Order for a period of 21 Month/s – With conviction order that all Victorian licences and/or permits held by the offender be cancelled and that the offender be disqualified from obtaining any such licence or permit for a period of 24 month/s

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Hollingworth
For the Accused	Mr S. Norton

Pages 1 - 16

 

 

HER HONOUR: 

1Ben Cook, you have pleaded guilty to one charge of negligently causing serious injury.  The circumstances of the offending are outlined in the summary of prosecution opening which was tendered on the plea. 

2In brief compass, the circumstances are as follows.  On 18 March 2017, you were at a 21st birthday party at the Commercial Hotel on Whitehall Street, Yarraville.  You were at that party with another friend, Jack Harris.  At the time you were 22 years old, being born on 18 July 1994.

3At around 1.30 am, Jack Harris approached another partygoer and head-butted him apparently for no reason.  Both males started arguing about Harris' ex-girlfriend.  Security intervened.  Both males left the venue but there was a further scuffle between Harris and the other male in the carpark at the Commercial Hotel.  Security were again required to intervene and break up the fight. 

4Harris then got into the driver's seat of his Holden Commodore which was parked in the carpark of the hotel.  You also entered that car, sitting in the front passenger seat.  Another friend sat in the back seat.  At the time of these events, Harris had been suspended from driving.  On this night, he had been drinking.  Harris sped out of the carpark causing gravel and dirt to flick into the air.  In the process, he struck three people in the carpark.  None of them fortunately received any injuries from that incident.  Harris did not stop the car and left the area. 

5He then proceeded to argue with the friend in the back seat who eventually got out of the car.  You however remained.  Harris then realised he had left items at the Commercial Hotel and determined to return and retrieve them.  He drove with you in the passenger seat to retrieve those items.  He parked his vehicle in Whitehall Street directly outside the Commercial Hotel's carpark.  Harris then got out of the car.  He was carrying a wooden bat which he kept on the back seat in his car.  It had eight screws protruding from one end of it. 

6He walked towards the hotel holding the bat, entering the carpark where he then proceeded to wave it around and assault a female partygoer with it.  Various other people then intervened to stop him.  This included the victim in your matter, Michael Berges.  Mr Harris hit Mr Berges twice with the bat. 

7It was a confusing scene with a number of patrons in the area of that incident.  There is no suggestion that you were in any way involved in Harris' aggressive or violent antics.  However, this is the context in which your offending then occurred.

8At some point once Harris had left the vehicle with the bat, you moved into the driver's seat of his car.  You had also been drinking that night and had taken some cocaine.  The fight involving Harris moved from the Commercial Hotel carpark onto Whitehall Street where you were sitting in the parked car.  Harris moved towards his car followed by three males including Mr Berges.  Further physical fighting occurred between the three males and Harris right next to the front passenger door of the car.  At this point, you drove the car forward a short distance, knocking the victim Michael Berges, Jack Harris and one other male to the ground.  CCTV footage depicts Mr Berges' head hit the ground on the road where he then remained unresponsive.  Harris and the other male however got up and commenced punching each other again before Harris at some point managed to extricate himself and jump into the front passenger seat of the car.  At this point, you then drive off.

9You drove Harris' car approximately 30 metres up the road before doing a
U-turn, driving back towards the hotel.  Several witnesses describe you driving at a fast rate of speed, around 60 kilometres per hour.  At this stage Mr Berges was still lying on the road apparently unconscious.  Other partygoers were trying to help him.  There were no vehicles parked in the street at this time. 

10Witnesses describe Harris’ car then being driven straight at them with speed such that they did not have time to move Mr Berges off the road.  The car was observed crossing onto the wrong side of the road.  Bystanders attempting to help Mr Berges had to jump clear of the car.  You then drove the car over the head and shoulders of Mr Berges as he lay on the road.  Witnesses observed his body move after being hit.  These driving actions constitute the charge of negligently causing serious injury.  Your negligence is made out based on your use of alcohol and cocaine, your driving at speed in a residential street at night. 

11You drove away from the scene without stopping, apparently unaware that you had driven over Mr Berges.  Police attended the Commercial Hotel at approximately 2 am and observed a badly injured man, Mr Berges, on the ground, and observed bleeding from his head.  He was conscious but unresponsive to questions.

12You and Mr Harris remained in the vehicle.  At some point, you swapped drivers.  You were arrested with Harris driving in Werribee.  Police observed Mr Harris driving.  They observed you apparently passed out in the passenger seat of the car.  The police describe you as heavily intoxicated, needing to be assisted out of the car, unable to sit upright unaided, and that you then started vomiting into the gutter.  The police then observed you in the following time period falling in and out of sleep, often unresponsive and incomprehensive.  If you did wake, you told the police, "This shit was crazy" before falling asleep again.

13In an initial conversation with police, you denied being the driver of the car.  You told the police you had used Valium and cocaine as well as alcohol.  You were arrested and conveyed to the Werribee police station for interview.  At 3.21 pm the following day, you underwent a record of interview. 

14You confirmed observing the fight at the front of the pub.  You said you observed everyone attacking Jack and that you tried to break up the fight.  You said Jack's car was running so you jumped into the car and wanted to get away as quickly as possible as people were attacking the car.  You said you were looking at the people attacking the car and sped off.  You then saw a male crouched down so you assumed you had nipped his leg even though you had swerved to miss him.  You confirmed you drank four beers during the course of the night.  You stated you never intended to hurt anyone as everyone there were your friends.  You stated you just wanted to get out of there with Jack to save anything more happening.  You saw five to six people punching Jack outside the car.  Jack then told you once he got in the car to ‘take off’.  You stated you had to get through as there were people over the sides of the car.  You drove through and then saw the male crouched down.  You said you could not stop as there were 20 people there and you feared that they would attack you.  You stated you drove off and quickly did a U-turn.  The reason for the U-turn was that that was the way you believed you needed to get out of the area, being unfamiliar generally with the hotel or having travelled there by public transport in the past.

15You were not aware, you said, that the victim was on the road or what caused him to be on the road.  You were upset when you learned the victim was in hospital and wanted to know whether he was all right.  You conceded that you did get speed up a bit but said, "I wasn't going like a hundred or anything like that" but confirmed you were not going slowly after driving back down the road.  You admitted that after driving for a bit, you swapped with Jack and Jack started driving.  You stated you took a Valium after Jack had started driving to calm your nerves.  You said your intention had been to go to the police station but you did not stop at the police station given you had been drinking.  You said you wanted to go home and get a taxi back to the station to report the incident. 

16It is agreed that you caused Mr Berges' serious injuries.  Mr Berges was taken to the Royal Melbourne Hospital by ambulance.  He was observed to be confused and agitated upon arrival, with a large laceration over his left eyebrow, a laceration to his left ear and abrasion over his shoulder and a left wrist abrasion.  He suffered the following injuries:  namely, a subdural haematoma to the left frontoparietal convexity namely bleed to the brain, minor compression of his L2 vertical body, comminuted left inferior glenoid fracture namely a broken shoulder.

17Mr Berges underwent surgery in relation to his injuries.  He remained in hospital for approximately six weeks.  On my inquiry at the plea, he gave an update in relation to his physical state.  He received some 30 stitches to the laceration across his forehead and has a significant scar.  He is still undergoing physiotherapy to his shoulder.  He is on anti-seizure medication and medication to do with nerve end pain.  He takes Valium.  He is undergoing further testing in relation to his brain injury in October 2018.  He has not returned to work.  Clearly, his injuries are very serious.

18You were charged on 18 March 2017.  From an early stage, negotiations to resolve the matter commenced.  It eventually settled at a special mention in this court on 23 October 2017.  The prosecution accept that you should be accorded the benefit of an early plea.  After your interview, you were then remanded in custody for ten days, spending that time largely in the isolation of police cells.  This was your first time in custody. 

19Your background is outlined in various materials tendered on the plea.  In particular I refer to the report of educational, vocational and rehabilitation Psychologist, Janie Farrelly, dated 25 February 2018; the report of Clinical and Forensic Psychologist, Mr Patrick Newton, dated 7 March 2018; and the letter written by your sister, Ashleigh Cook, dated 20 January 2018.  In summary, you and your older sister lived with your parents until you were approximately four years old.  Your father however was an alcoholic and regular gambler.  Your mother suffered severe and deteriorating obsessive compulsive and bipolar disorder and was in and out of psychiatric facilities.  The Department of Human Services was involved with your family.  Your home environment was clearly unsafe and unstable for you as children. 

20Your parents separated.  Your mother then commenced a relationship with a man who was himself a person with schizophrenia and a frequent user of marijuana.  You and your sister watched your mother abused by her partner daily, including emotional and physical abuse.  Your mother became pregnant to him and you have a half-brother.  Eventually this relationship ended and your mother was approved for emergency government housing.

21At around the age of 13, you started Year 7 at Hoppers Crossing Secondary College.  Your sister says you were doing extremely well and ‘got along great with the teachers and had lots of friends’.  In the middle of that year, however, you were involved in a major car accident when you were travelling as a passenger with your sister's partner and his friend.  You suffered significant internal injuries including major liver damage, a ruptured colon and duodenum, pleural effusions and life-threatening peritonitis with recurrent episodes of sepsis.  You spent many weeks in intensive care and underwent multiple surgeries.  You required all up approximately 12 months' hospitalisation and rehabilitation.

22It is in that context that the TAC became involved and you were referred to a psychologist, Ms Farrelly.  She says at the time of that referral, you were no longer attending school and were regularly found wandering the streets both night and day as your mother's mental health had spiralled out of control.  You never resumed school, remaining home to undertake a primary care role for your younger half-brother and often for your mother.  Eventually DHS located your father who was living in Queensland.  He willingly returned to Victoria to care for you and your siblings. 

23For the first time, you enjoyed stability for what was approximately 20 months, your father apparently having overcome some of his difficulties.  Sadly, however, he unexpectedly and suddenly succumbed to liver cancer, dying within three months of that diagnosis, leaving you at age 17 bewildered, shocked and again fending for yourself.  According to Ms Farrelly, you were wholly distressed by this loss and increasingly angry about your ongoing difficult life circumstances. 

24It is a credit to Ms Farrelly who has clearly seen the good in you and who worked with you initially as a 14-year-old boy through TAC and has continued to play an important mentoring role to you, in most recent years on a pro bono basis.  It seems to me that you were fortunate indeed to have the support and professional skills and intervention of Ms Farrelly, who along with your case manager, Mr Albert Hutchison, recognised you as a person with good potential to develop into a functional young adult.  She says in her written report that this was in fact the result of your own disposition and your ‘sensibly expressed goals around safety, employment and secure accommodation’.

25Mr Hutchison and Ms Farrelly monitored your situation, collaborating to address financial, personal and psychological matters, in particular during what she describes as a period of intense grief after the death of your father.  As a result of your TAC payout and with the help of Mr Hutchison's financial management, you were eventually able to purchase a small house in Hoppers Crossing while supporting yourself in an apprenticeship.  That of course is no mean feat.  You then provided that home for your sister and yourself, your sister living with you for two years until she became independent.  Eventually your behaviour and mood had settled enough for you to engage in pre-apprenticeship programs to trial vocational possibilities.  You were subsequently offered a sign-writing apprenticeship commencing in 2014 and which you were able to complete in the middle of 2017. 

26I have received many testimonials and I note the presence of a large group of supporters in court for you, both your peers and a number of adults who know you well.  I note the reference from your employer, Mr Adam Bennett, who was in court on the day of your plea.  He is the managing director of what I think is a sign-writing design company called TFI Group.  He has employed you in his company now for a number of years.  He stated of you:  "He is always on time, works hard, works the extra hours when requested and all with due diligence.  In all the time I have known him, Ben has been a decent, hardworking, trustworthy person, and when asked would rather help than hinder anyone." 

27Adam Page also works in a management role at TFI Group and has known you for about eight years.  He too describes you as a dedicated worker and young man of outstanding character who is reliable, trustworthy and respectful to others.  Further, he attests to your contribution to the community in a voluntary way.  Similarly, Duncan Park of Northern Central Council Youth Representative with the Salvation Army has been a colleague and friend of yours for several years and he too was present in court.  He states that you have been a volunteer with the Footscray-Maidstone soup van program while maintaining full-time employment and even through the course of the last 12 months.

28I could of course read from the many written references which speak of your caring, gentle, humorous and generous nature.  I accept the many testimonials which see this moment of stupidity and panic as clearly out of character with your usual behaviour. 

29It is true that sentencing principles of general deterrence, punishment and denunciation must play a dominant role in the sentencing synthesis for charges of negligently causing serious injury which involve driving.  I take those matters into account.  As I said during the plea, the need also to generally deter other young people from getting behind the wheel of a car when in an inebriated or drug-affected or highly emotional state is real. 

30In determining where this case sits along with other decided cases of negligently cause serious injury which involve driving, I must consider the objective gravity of the offending.  This generally involves a consideration of the driving and the circumstances pertinent to the offender as well as a consideration of the serious injury which results.  As I have stated, the injuries in this case were certainly serious.

31This case in some ways has hallmarks of many of the decided cases, that is, it involves a young man affected by alcohol and drugs driving at speed and with resulting catastrophic consequences to the victim.  However, there are some significant factors which distinguish this case from many of those dealing with negligently cause injury by driving.  The driving in this case occurred as a spontaneous response to an episode of violence and aggression occurring around you and in which you were not involved.  You had been drinking as you were not the designated driver on this night.  You did not anticipate driving.  Your judgement was affected in that you were not only affected by alcohol and cocaine but you were under the psychological duress caused by those events unfolding around you. 

32In a panic, you drove the car in an attempt to get your companion away from those who you perceived were attacking him and also to prevent him causing any more harm.  You accelerated more than intended initially, hitting Mr Berges.  You only executed the U-turn as you believed that this was the way out of the area.  You thereafter drove off through the crowded area to get away, driving over Mr Berges apparently without realising.  Your driving was of very short duration and distance. 

33To that end in my view, the objective gravity of this offending is at a lower end of the spectrum for these types of offences and having considered the subjective matters pertinent to you at the time of the offence, it is my belief that your moral culpability is at the lower end for these type of offences.  I understand those conclusions to be consistent with the view reflected in the prosecution's attitude on the plea.

34Unlike many of the decided cases, you also do not have a history of poor driving.  You have one prior matter in relation to driving, namely having driven as a learner without an L plate and an experienced driver beside you in an unregistered car.  However this was dealt with by the Children's Court and you were released on a good behaviour bond with which you complied.  Your other prior criminal history is not relevant for my sentencing task.  In essence, you can be treated as a person of previously good character.  To that end, and in light of your remorse and distress to which I will come, I do not consider specific deterrence to play a large role in this case. 

35When one considers your history, it could be said that you are a young man who could have been lost to a life of crime, drugs, alcohol at various points in your short life.  It is to your credit that you have not succumbed.  It says something about your inner strength that even under the weight of this matter, you have been able to stay the steady course.  Your supporters, many of whom were present in court at the plea and again today, have witnessed your distress over the past 12 months.  They are clearly anxious to see you return to yourself and get on with what can be a good life. 

36Your plea of guilty is a significant one.  Many of the persons present in the mayhem outside the hotel made statements to the police about the episode of driving which resulted in the injury to Mr Berges.  Many affirmatively stated that it was Mr Harris who was driving the vehicle at that time.  I accept the submissions of your counsel that the scene outside the hotel was confusing and that the CCTV footage did not clarify the driver's identity.  Your admissions made to police during your record of interview that you were in fact the driver and your plea of guilty reflecting that fact are therefore worthy of considerable weight.

37I accept the plea in your case is also a reflection of true remorse.  The victim in this matter is your friend.  Your distress at having caused him harm is obvious on reading your record of interview.  Your ongoing regret, shame and genuine sorrow at that situation is reflected in the many testimonials tendered on your behalf and in your reports to Ms Farrelly and Mr Newton.  You were finally able to directly express that remorse to Mr Berges on the morning of the plea, having previously been prevented from contact with him by your bail conditions.  That remorse is consistent with the way those around you describe your character:  gentle, polite and non-violent.  Indeed your victim Mr Berges in his victim impact statement talks of your friendship and support for each other over the years.  He describes you as a loving, caring person.  He was distressed that you had been charged with serious offences and states that he became aware you had nothing to do with the fight, that you were trying to get Harris out before he did more harm and that you were trying to defuse the situation.  He describes also his awareness of your suffering under the weight of these charges and of his desire to see you resume your life.

38Your counsel submitted that in your case, rehabilitation should be at the forefront of my considerations.  Although not a youthful offender in the true sense, you are not far beyond that age bracket and indeed are described by Mr Newton as immature for your years.  The community of course benefits from your rehabilitation.  It is often said in these courts that rehabilitation is best achieved by those who are motivated to take that route themselves.  Over the past 12 months, you have taken a number of significant steps down that path. 

39Firstly, you have remained alcohol and drug-free.  Secondly, within weeks of this offence, you undertook a defensive driving course.  I have received a completion certificate dated 29 April 2017.  You then completed a road trauma awareness seminar and I have received that certificate dated 8 May 2017.  You sold your car and have not driven.  You have continued to have contact with and receive support from Psychologist Janie Farrelly.  You have successfully completed your spray-painting apprenticeship.  You have also completed a Certificate III in Sign Technology.  You attended Werribee Headspace Centre on 7 February 2018 in relation to drug and alcohol counselling and have attended three further sessions where you have discussed drug use history, health and mental health, harm reduction strategies and also the impact of drug and alcohol consumption on the night of this offending. 

40You have maintained full-time employment.  You have complied with stringent bail conditions.  You have distanced yourself from negative peer influences.  In addition, you have maintained your relationships with your girlfriend and her family with whom you reside, your sister, your many friends and supporters.  Those matters are all relevant to my assessment of your prospects of rehabilitation and whether you pose a risk to the community. 

41Ms Farrelly, who knows you well, states:

"Ben has never been an aggressive person and dislikes conflict, preferring to leave parties and events whenever trouble starts.  He has no history of and no inclination to intentionally hurt others.  He has no interest in showing off through risk-taking." 

42Mr Newton too notes your progress on bail.  It was apparently after talking with him that you took steps of your own volition to engage with drug and alcohol counselling from Headspace as I have described.  Mr Newton in his concluding comments states the following:

"From a psychological perspective, the key rehabilitative need in Mr Cook's case is for him to consolidate the changes he has reportedly made since his arrest.  That is, he should continue with his employment and develop his vocational skills, deepen his relationships with pro-social individuals and place further distance between himself and his former drug-using and disaffected associates.  He would also benefit from some structured drug education and counselling to deepen his understanding of the risks of drug use and to educate him and the techniques necessary to ensure that he remains abstinent from drugs. 

Given the progress which Mr Cook has made with each of these tasks since his release on bail, there would be sound grounds for optimism regarding his capacity to utilise any further treatment which might be made available to him.  To this extent, Mr Cook would have potential to benefit from a disposition with a strong programmatic focus." 

43He also states:

The need for ongoing treatment is clear.  Mr Cook's substance-related and emotional problems have not been at the severe end of the spectrum.  The indications are that with targeted treatment, they should be able to be overcome with a relatively straightforward treatment course.  Given the support which Mr Cook enjoys from his girlfriend and others both professional and in the community, his good work skills and his stable personal circumstances, his prospects for addressing these challenges are considered to be positive provided he can continue to participate in the treatment he requires." 

44I accept and in my view, your prospects for full rehabilitation are very good.  I accept that rehabilitation as described as Mr Newton is best met by a disposition which sees you remain in the community.  Despite the fact that most offences of negligently cause serious injury involving driving result in a term of imprisonment and are often reflective of the increase in the maximum penalty and sentencing practices over recent years, there are circumstances where the need to punish and rehabilitate may be met simultaneously by a court as outlined in the case of Boulton.[1]  This in my view is such a case.

[1]Boulton v R [2014] VSCA 342; 46 VR 308; 248 A Crim R 153

45I also accept that the just sentence in all the circumstances is a community corrections order.  The conditions of that order need to reflect a punitive aspect and also the need for ongoing supervision and treatment both generally and regarding alcohol and drug use.  They also need to take into account your full-time employment and the desirability of you being able to pursue this.

46If you could stand, Mr Cook, please.

47In relation to the charge of negligently cause serious injury, you are convicted and placed on a community corrections order for 21 months.  I have chosen that timeframe deliberately because it will see this finish for you at the end of next year.  The conditions of that order are that you are to be under supervision.  You are to undergo treatment and rehabilitation for drug and alcohol conditions.  You are to undergo mental health assessment and treatment as directed.  You are to undertake offending behaviour programs as directed.  You are to perform 200 hours of unpaid community work within that 21 months, however I direct that up to 75 hours of community work can be offset by treatment.  So in other words, the more treatment that you undertake, that will lessen the hours of community work.  You will still have to complete as a minimum 125 hours.

48I propose to order judicial monitoring.  That means, Mr Cook, that you will come back and I will hear an update about how you are going and I am going to choose a date somewhere towards the end of this year to have that update.  We will get that date in a minute. 

49In relation to your driver's licence, pursuant to s.89(2)(b) of the Sentencing Act, the minimum disqualification period I can impose is 24 months and I propose to impose that period.  So your licence is cancelled and you are disqualified from driving for a period of 24 months.

50All right, so 17 December at 9.30 am, I will see you back in this court for an update about how you are going.  All right, have a seat, Mr Cook.

51OFFENDER:  Thank you, Your Honour. 

52MR NORTON:  As Your Honour pleases.

53HER HONOUR:  Just remind me, Ms Hollingworth, were there any ancillary orders?  There was a disposal order?

54MS HOLLINGWORTH:  No, because the ‑ ‑ ‑

55HER HONOUR:  The forfeiture?

56MS HOLLINGWORTH:  No, that's in relation to the car which is Mr Harris' car so there's nothing that needs to be done in relation to that.

57HER HONOUR:  Yes.

58MS HOLLINGWORTH:  The forensic sample is automatic so the only other remaining matters is the PSD and the 6AAA.

59HER HONOUR:  Yes, yes.

60MS HOLLINGWORTH:  So it was ten days.

61MR NORTON:  Your Honour doesn't need to reckon that.

62HER HONOUR:  No, no.

63MR NORTON:  And you ought not, in my submission.

64HER HONOUR:  I've noted that.  If in the sorry event that we're back for anything then it's obviously in the materials but I won't make any - in relation to that.

65MR NORTON:  As Your Honour pleases.

66HER HONOUR:  Excuse me just for a moment.

67I need to make a declaration pursuant to s.6AAA in relation to the sentence I would have imposed but for your plea of guilty.  The sentence I would have imposed but for your plea of guilty is three and a half years' imprisonment with a minimum term of 18 months.

68MS HOLLINGWORTH:  As Your Honour pleases.

69HER HONOUR:  So Mr Cook, do you agree to comply with the conditions of the community corrections order?

70OFFENDER:  Yeah.

71HER HONOUR:  And they would have been explained to you at the assessment you had the other day?  Yes?  Part of that of course is that you are not to commit any further offences and you need to comply with the directions of the Office of Corrections.  Failure to do so will see you back here in front of me in relation to a breach, and part of that may involve me resentencing you for this offence.  All right.  If you're agreeable to those conditions, my associate will print out the order.  You will sign it; your signature is your promise in effect that you'll comply with that order and then I'll sign it and you'll be free to go.  So have a seat.

72OFFENDER:  Thank you, Your Honour. 

73MR NORTON:  Might I just go to the back of the court ‑ ‑ ‑

74HER HONOUR:  Yes, of course.

75(Community corrections order signed and acknowledged.)

76All right, thanks.  Mr Cook, I wish you well.  I'll look forward to hearing good things in December.

77OFFENDER:  Thank you, Your Honour. 

78HER HONOUR:  All right.  And Mr Berges, I wish you well too with your recovery and of course now restrictions in relation to contact between you both are finished, so hopefully you can mend that relationship if it needs it.

79VOICE (from the body of the court):  Thank you, Your Honour.

80HER HONOUR:  All right, thank you.

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