Director of Public Prosecutions v Cook

[2017] VCC 1427

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00976

DIRECTOR OF PUBLIC PROSECUTIONS

v

BAILEY COOK

---

JUDGE:	HIS HONOUR JUDGE M.P. BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	5 October 2017
CASE MAY BE CITED AS:	DPP v Cook
MEDIUM NEUTRAL CITATION:	[2017] VCC 1427

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty
For the Accused	Ms A.Haban-Beer

HIS HONOUR: 

1Bailey Cook, you are to be sentenced for one charge of aggravated burglary and one charge of recklessly causing injury.  Respective maximum sentences are 25 years' imprisonment and five years' imprisonment. 

2You are also to be sentenced for a number of summary offences including threatening to kill, using a carriage service to harass, breaching a family violence safety order, assaulting a female and committing an indictable offence whilst on bail.  With your co-operation, these matters were uplifted from the Magistrates' Court to be heard in this court with the two charges on indictment.  You pleaded guilty to those two charges on 24 August 2017 and indicated pleas of guilty to the summary matters on 14 September. 

3When interviewed by police about the indictable charges on 27 September 2016 you made some admissions but minimised the offending.  You falsely denied entering your victim's home.  There was a contested committal on 18 May of this year.  The matter was listed in the August sittings of the Mildura County Court.  It settled and, as stated, you pleaded guilty on 24 August.  The trial indictment alleged intentionally causing  injury as Charge 2.  You pleaded guilty to the lesser alternative at Charge 3, recklessly causing injury.  You receive the benefit of your pleas of guilty and the level of co-operation that short history of proceeding shows.  Your pleas have facilitated the interests of justice and express remorse. 

4At your plea hearing, which ran on 24 August and 14 September, Mr O'Doherty, for the Crown, tendered a written Crown opening and photographs of the scene of offending and injury to Thomas Sidhu.  On 14 September Mr Plummer, for the Crown, filed documents related to the uplifted summary matters including summaries of the circumstances.  He tendered those.  Ms Haban-Beer, for you, tendered letters of work and character reference and documents related to educational courses undertaken by you.

5The victim impact statements of Thomas and Heather Sidhu were formally tendered this morning.  As will be clear, they had been tendered and I have considered them in the plea hearing of your co-offender, Jesse Alty.

6On 14 September I requested both suitability assessment reports for youth justice detention and a community corrections order.  I have received those.

7The circumstances of the two indictable offences are set out in the tendered Crown opening, which is Exhibit A. 

8At the time of these offences, you and your friend and co-offender, Jesse Alty, were aged 18.  Your victim, Thomas Sidhu, was aged 40 and lived with his wife and three children in Lake Boga near Swan Hill.  On 8 September I sentenced Jesse Alty to a total of 20 months' detention in a youth justice centre.  Sixteen months were attributable to the two offences he committed with you.  He was the principal offender and was sentenced, as to the second charge, for the more serious offence of intentionally causing injury.  It is appropriate that I repeat what I stated in my sentence of him to be the circumstances leading to and of the offences.  There is some paraphrase clarifying identity. 

"Early in September 2016 you", meaning Alty, "went to Thomas Sidhu's home in relation to repair of some mobile phones.  Alty left them with him.  Mr Sidhu operated a repair business from his home.  Over following days he developed concern as to whether they were stolen.  Ultimately, on 12 September he gave them back to Alty and Alty agreed to pay him $100 for some work done on them.  There had been some confrontation and disagreement over the issue.

Subsequent investigation has revealed that the phones were not stolen.  However, Thomas Sidhu's concern, given the circumstances, can also be seen as legitimate.

On 13 September Alty was drinking with a number of people over the day.  Into the evening he was drinking with Cook", meaning you, "and other young people.  You were both intoxicated.  The group went to Alty's then girlfriend's home in Swan Hill.  In drink, Alty's grievance about being accused of stealing the phones grew.  You decided to go to Thomas Sidhu's home.  The group drove to his street in lake Boga and parked some distance away.  Alty and Cook", you, "went to the door and knocked.  You had covered your faces, I would find somewhat crudely.  Mr Sidhu was putting his young daughter to bed.  Upon opening the door, Alty pushed him back and began punching him.  He went to the floor.  Alty continued to strike him.  Heather Sidhu entered the front room.  She was warned to stay out of it by Cook", that is you, "who blocked her from going to her husband's aid.  Soon after, you both ran away."

9Bailey Cook, as to your conduct towards Heather Sidhu, her statement includes the following.

"As I get closer, I see a second guy who was hunching over the guy punching Thomas…For some reason he turns to look at me and comes towards me slowly.  He put his hand up and said, 'Stay out of it, don't get involved.'  He had a normal Australian voice, sounded a bit young in his voice, it wasn't really a deep voice.  He didn't take his eyes off me until he saw the other guy get up.  I was less than a metre away from him."

10I went on to state as to victim impact  also relevant to your sentence.

"Thomas Sidhu suffered facial bruising, swelling and bleeding from the nose.  It is unsurprising that the Sidhus have suffered substantial victim impact.  Their tendered statements are short and I am able to quote them almost in full. 

Thomas Sidhu states, 'This has disturbed our family life, our routines.  I couldn't concentrate on my work for many weeks as I was too worried about my kids at home due to mainly working at nights.  The stress over the court has caused disagreement with my wife.  I have anxiety over my family being home alone at night and the anger and frustration about why they would do this to me.'

Heather Sidhu states, 'I am hurt, angry and frustrated that I witnessed what the accused has done to my family.  This has increased my anxiety and at night I cannot sleep with fear and thoughts of what if they return and my husband is at work and I am at home alone with the children.  I have placed a metal pole near my bed for protection and I don't answer any doors day or night if I am home alone.  I should be allowed to feel safe in my own home and I am so worried that this could happen again.'

Heather Sidhu goes on to state as to her child, 'This has also affected my eldest child, who also witnessed this and became unwell with vomiting and body shaking.  He doesn't sleep well now and has flashbacks and nightmares regarding the incident.  This has caused major stress within my family and causes conflict and distress’.

11There has been substantial victim impact, and that must be taken into account in my sentence of you.”

12The summary offences were committed in the compressed period of a few days in early July 2017.  You were on bail for these matters.  The context was the deterioration and end of your relatively long-term relationship with a girl.  Variously you assaulted her, abused and badly threatened by text and Facebook another young man who had slept with her and you breached a family violence safety notice by insulting abuse of her.  That occurred within court precincts.

13You have just turned 20.  You live in Swan Hill with your family.  You have two older sisters and a younger brother all living in Swan Hill.  Your family is supportive of you.  You were raised and went to school in that area.  You left school after Year 11 and presently study, being halfway through an engineering course in Sunraysia TAFE.  The tendered work and character evidence speaks of a good work ethic.  Your present ambition is to finish your course and then work at Grafton, New South Wales in the mining industry.  Your uncle manages a crew based there.  You have developed a connection with the Wamba Wamba Aboriginal community of your area.  The tendered letter by Deborah Chaplin, a leading person of that community, speaks of the friendship forged with her son from primary school days and your good work ethic from early teenage.  She also states as follows.

"Bailey has shown great respect to me, my community, both youth and elderly.  I strongly believe Bailey has the potential to become a strong community person given the chance.  Bailey has strong and respected parents both in the indigenous and non-indigenous community here in Swan Hill."

14This evidence must, of course, be measured with your criminal record.  That filed with the indictment states Children's Court appearances in 2013 and 2014, when you were aged 16.  Offences were theft and criminal damage.  No convictions were recorded.  There was a subsequent Magistrates' Court appearance in July 2017 for riotous behaviour.  Again there was no conviction. Subsequent matters become of some relevance in considering the question of rehabilitation in reference to a young offender.  There is also the early July 2017 offending presently before me.  I take into account the very compressed period of that in terms of its personal circumstances and what I find to be your immaturity. However, particularly the assault of your girlfriend and threat to kill were serious offences.

15Ms Haban-Beer raised your immaturity in the context of your long-term relationship with Jesse Alty.  You had been friends since very early primary school.  On the night of offending you began to drink with him and members of his family, celebrating a birthday.  You and other young people became drunk.  Intoxication in itself offers no mitigation for offending such as what was inflicted upon Thomas Sidhu and his family.  However, I feel that I should consider that and your role in the circumstances leading to it in the light of your youth.  You were then aged 18.  It is realistic to say that young men of that age are vulnerable to drunken and irrational loyalty. 

16It was very serious offending measured by the high maximum sentence for aggravated burglary.  Your role in it was cowardly.  The victim impact statement evidence that I have read earlier makes that clear and, one would expect, very clear to you.  You have some prior and subsequent offending.  Such circumstances make relevant for the sentencing purposes and considerations of deterrence, your moral culpability despite your intoxication, the need to sentence in a way to condemn what you did and in a way to properly punish.  General deterrence aimed at protecting the community from such offences is relevant.  A sentence in custody would be the usual result.  However, I have also considered what I see to be, in your case, important factors which speak against that.  They particularly include the following.

(1)       Your plea of guilty and co-operation.  Although you understated to police              what you did and the seriousness of your role and seem to have   maintained that at committal, I am prepared to accept that you have   become remorseful.

(2) To some extent the circumstances of offending and your role.  As I have        said, what you did was cowardly and contributed in a real way to the fear          of that family in their home.  However, I also take into account that it was             Alty's grievance. He was the principal offender, he was a long-term friend.  You were drunk.  These things would mean little in the sentence of an           older man.

(3)       It is your youth,  combined with such other factors,  that I see as a critical              matter here.

(4)       Related to that, I see rehabilitation as important and that you have                  genuine prospects for that.  There is family and community support.  You            have shown a capacity for work and have good ambitions for that in the          future.  The tendered character evidence speaks well of you.  You have            been, at most generously put, unsettled since mid-teenage.  The                 subsequent summary offences in July 2017 show disturbing anger and            lack of control which needs to be addressed.

17This has been a difficult sentence. At times I have seen youth justice detention as the only proper sentence. I feel that I do not underrate the seriousness of your offending and its impact. I also bear in mind appellate court authority directed at aggravated burglary of this type. Ultimately, after very anxious consideration, I have decided that a community corrections order is the right sentence. In doing so, I have taken into account the sentencing principles stated in s.5(4) of the Sentencing Act.  It states.

"A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender."

18I also feel that it could be said that the principles stated in such cases as
R v Boulton have particular relevance to a young offender, with prospects for rehabilitation, who has committed a serious offence.  You have been found suitable for such an order.  It must contain both significant punitive conditions and those aimed at your rehabilitation.  I have decided that punishment of you is best achieved by a very substantial period of community work rather than an unduly prolonged duration of order.  I shall set 500 hours of community work, some of which may be met by rehabilitation programs over a two year period. 

19Stand up, please.  I can't see him.  Is he standing?

20OFFENDER:  I'm standing, Your Honour.

21HIS HONOUR:  Good, thank you.

22On both charges on this Indictment G12769515 and on each of the five summary offences, I convict you and sentence you to a community corrections order of two years' duration.  The usual terms apply.

23The additional conditions are that you perform 500 hours of unpaid community work over that period, 100 hours of which may be completed by rehabilitation programs. 

24Further conditions are that there be treatment and rehabilitation for alcohol abuse and that you comply with programs directed particularly at your offending, as you are directed, and that there be supervision.  I do not propose to include a condition about non-association. 

25Mr O'Doherty, in these circumstances, does s.6AAA require an indication of what I would have imposed had he not pleaded guilty?

26MR O'DOHERTY  No, Your Honour, because it's a community corrections order.

27HIS HONOUR:  It might be worthwhile saying, in any event.

28MR O'DOHERTY:  Yes.

29HIS HONOUR:  Without obligation, I indicate to you that I would have sent you to youth justice detention for the maximum period of three years if you had not pleaded guilty.

30What are the other matters that - is there a forensic sample order?

31MR O'DOHERTY:  I'll just check what we've got, Your Honour.

32HIS HONOUR:  Come out of the dock, please, and come down and sit where you were sitting before, please.

33MR O'DOHERTY:  No, no forensic sample order, Your Honour.

34HIS HONOUR:  It has been taken, has it?

35MR O'DOHERTY:  Yes.

36HIS HONOUR:  All right, that's it?

37MR O'DOHERTY:  No other orders, Your Honour. 

38HIS HONOUR:  All right.  Just excuse me for a moment.  What we need to do is print out the order.

39MR O'DOHERTY:  Can I just raise one matter, Your Honour?

40HIS HONOUR:  Yes.

41MR O'DOHERTY:  It would appear that that has been an aggregate sentence that Your Honour sentenced him to.

42HIS HONOUR:  No, it's an aggregate sentence but it's a community corrections order sentence.

43MR O'DOHERTY:  Yes.

44HIS HONOUR:  A community corrections order is not subject to s.9 of the - you're referring to the recent history of the co-accused.

45MR O'DOHERTY:  Yes.

46HIS HONOUR:  Such prudent caution is admirable.  We are printing out the orders now.  Is there a fax number we can send it to at the court?  It's within the court, is it?  There will be a need, Ms Haban-Beer and Mr O'Doherty, to print out two orders because our system can't do anything else, but they will state the same things ‑ ‑ ‑

47MR O'DOHERTY:  Yes.

48HIS HONOUR:  ‑ ‑ ‑ and they will run concurrently and have the same effect.  Community Corrections are well used to the deficiencies in our recording system and they treat it as the one order.

49MR O'DOHERTY:  Sometimes they do.

50HIS HONOUR:  The indictment included Charge 2 ‑ ‑ ‑

51ASSOCIATE:  Yes.

52HIS HONOUR:  I am talking to the barristers - included Charge 2, intentionally causing injury.  He pleaded recklessly causing injury, Charge 3 - I think this was discussed - because that was an alternative.  That automatically clears the presentment.

53MR O'DOHERTY:  Yes, it clears it.

54HIS HONOUR:  But that doesn't seem to be understood by our electronic system, though.  What's the problem, it just keeps on coming up?

55ASSOCIATE:  No.  No, I'm missing use a carriageway to harass.

56HIS HONOUR:  It's the ‑ ‑ ‑

57ASSOCIATE:  (Indistinct words.)

58HIS HONOUR:  I see.  I thought you were talking about the indictable offence.  I might have been confused about what you said.  Look, I don't see a problem with that.  What, it's just not coming up in the system?

59ASSOCIATE:  You have to upload it.

60HIS HONOUR:  Well, it's been uploaded.

61ASSOCIATE:  I've got ‑ ‑ ‑

62HIS HONOUR:  In the electronic system?  Well, it's been uplifted because the materials have been filed and the summaries have been tendered, so it's happened, it just hasn't been properly reflected in our electronic system, which is a common thing to happen and you've just go to try and deal with it as best you can.  So I would make the orders without that offence being recorded.

63MS HABAN-BEER:  Is that the using a carriage service to harass?

64HIS HONOUR:  Yes.  For some reason it hasn't got into the record in the uplifting.  As I said, it's been uplifted, I've got the paperwork here.  I have read the summaries.  So the orders will be - we will rectify it later, is that all right?

65MS HABAN-BEER:  Thank you, Your Honour.

66HIS HONOUR:  It happens quite a lot.  It will take some - so we can print out those two orders now, can't we?  Yes, thank you.  Why does there need to be two, because you've got some of the summary offences in with the indictable offences there?

67ASSOCIATE:  Yes, but you've only got (indistinct words).

68HIS HONOUR:  No, got a contravene family ‑ ‑ ‑

69ASSOCIATE:  Okay, yes.

70HIS HONOUR:  But if those two can be put on it, why can't the lot be put on it?  It just can't

71ASSOCIATE:  Well, because I've got another (indistinct words.)

72HIS HONOUR:  That should mean you've got three CR numbers, or two.  I mean it's been botched, but there it is, we'll just have to deal with it as best we can.  I will read that out to him.  Fran, while you print out the other one, I will read out to him this one.

73ASSOCIATE:  Yes.

74HIS HONOUR:  The order for some reason has been produced by the system including the indictable offences and some of the summary offences but not all, but I don't know how it has achieved that, but it will not matter to the substance of things.  So if you hand me that, I'll read it out to him now, because it will be ‑ ‑ ‑

75ASSOCIATE:  I was printing this one.

76HIS HONOUR:  I will wait for that.  What have we got there?  Now is that both of them or just one?  That's one or both?  Both.  All right, so we'll get rid of this one.

77Now stand up, please, Mr Cook.

78You are going to have to sign two orders, but it is the one order, it is just the way it works with the computer, so I will just read it out to you once.

79It is a two-year order, so it means it ends on 4 October 2019.  Now the usual terms are these.  You must not commit another offence for which you could be imprisoned during that time.  It would not require that you get imprisonment for you to be brought back before me.  Most offences carry with them a maximum sentence of imprisonment, and that is what that means.  You must comply with an obligation or requirement under a regulation that says you do not attend any appointment program or any aspect of the order affected by alcohol or drugs or in possession of illegal drugs.  You must report to and receive visits from Community Corrections.  You must report to Community Corrections at Mccallum Street, Swan Hill within two days of this order.  You must let Community Corrections know within two days of changing your address or job.  You must not leave Victoria without getting their permission.  You must obey all lawful instructions and directions by them. 

80The additional conditions are that you perform 500 hours of unpaid community work over a two year period as directed.  One hundred hours of the treatment and rehabilitation programs can be counted towards that.  Now on my calculation, that is five hours a week, so it is a decent portion of your week, but that is well and truly justified by what you did to Thomas Sidhu and his family, and to others including your ex-partner, in July of this year.  You must be under supervision of a Community Corrections officer.  You must undergo assessment and treatment including testing for alcohol abuse, as directed, and you must participate in programs that address factors relating to the offending, as directed.

81Now your performance in early July tells me that you have, at this stage of your life, a real weakness for self-indulgent anger which you take out on other people.  If you keep it up, you will end up in prison.  So that needs to be addressed.

82Now do you understand all of that?

83OFFENDER:  Yes, Your Honour.

84HIS HONOUR:  Sorry?

85OFFENDER:  Yes, Your Honour.

86HIS HONOUR:  Yes.  And do you agree to it?

87OFFENDER:  Yes, Your Honour.

88HIS HONOUR:  All right.  Now I am going to send the two copies of the order up to Mildura, so you should go downstairs now.  That is the best way to do it, I think, isn't it?  You will have to go downstairs to the Registry and sign it and then send it back.  So you should go to the Registry now with your mother and father, and it will arrive shortly, and then what you should do is sign it, they will send it back, and then you will need to come back to court, all right?

89OFFENDER:  Thank you.

90HIS HONOUR:  Follow that?  All right. 

91SECURITY OFFICER:  Do you require (indistinct), Your Honour?

92HIS HONOUR:  Sorry?

93SECURITY OFFICER:  Do you require (indistinct), Your Honour?

94HIS HONOUR:  No.  No, thank you for your assistance.

95SECURITY OFFICER:  Yes, thank you.

96HIS HONOUR:  So that's going off there now, is it?  Have we got those victim impact statements or copies of them or will they come later? 

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

98There is another problem with our recording system, it appears.  I am presuming that I can place him on a community corrections order for a Commonwealth offence, the harass, using harass on a carriage service.  I think that's right.

99MR O'DOHERTY:  Well, you can certainly place him on the good behaviour bond.

100HIS HONOUR:  Please don't say that after all of this.  I am pretty confident I can, but it just doesn't seem to record it.  There's got to be a separate recording for that.  Look, I will do what we've done in terms of the orders that's been signed.  He knows what his obligations are.  And if people could look at it during the course of today, these days you can bring people back in short time and correct such orders much more freely than you could in the past.  The section is ‑ ‑ ‑

101MS HABAN-BEER: Your Honour, I think s.20AB of the Crimes Act, Commonwealth Crimes Act ‑ ‑ ‑

102HIS HONOUR:  Yes.

103MS HABAN-BEER:  ‑ ‑ ‑ provides the relevant additional sentencing alternatives and "A court may pass a sentence before the court in a participating State", which is Victoria ‑ ‑ ‑

104HIS HONOUR:  Yes.

105MS HABAN-BEER:  And 1(b), "under the law of a State or Territory the court is empowered to pass such a sentence in respect of State or Territory offending in the corresponding cases."  And I think, yes, 1AA(3) refers to a community correction order.

106HIS HONOUR:  All right.  If you'd look at it again.

107MS HABAN-BEER:  Yes.

108HIS HONOUR:  Mr O'Doherty might be able to help you.  But if that's not right, you can let me know during the course of the day and we'll fix it up in a court.

109MS HABAN-BEER:  Yes, Your Honour, thank you.

110HIS HONOUR:  I mean it would be sensible that that was the case, but you don't want to rely on that being ‑ ‑ ‑

111MS HABAN-BEER:  No.  We'll have a look at it, Your Honour.

112HIS HONOUR: All right, thank you, I'd appreciate that. There's a section in the Criminal Procedure Act that allows the correction of such matters if necessary ‑ ‑ ‑

113MR O'DOHERTY:  Yes.

114HIS HONOUR:  ‑ ‑ ‑ even a few days on.  All right.  Have you signed that, Mr ‑ ‑ ‑

115OFFENDER:  Yes, Your Honour.

116HIS HONOUR:  Stand up, please.  Stand up.  You have signed that and it's on its way back to us, is it?

117OFFENDER:  Yes, Your Honour.

118HIS HONOUR:  Thank you.  I don't think he needs to be here when I sign it.

119ASSOCIATE:  I have to send him back a copy.

120HIS HONOUR:  I see.  We will have to wait for it here.  Take a seat there now.  It is going to be faxed into this court, is it? 

121Mr Cook, there is some potential problem with the recording system, and perhaps more related to the Commonwealth offence when you used the Facebook to commit that crime, so what you need to do, I think, is keep contact with the Registry at Mildura in case there needs to be some rectification of the order.  It will not change the substance of it, it is just a difficulty with either the recording system or the general systems.  But I will get you to wait there now and when I receive the order, I will sign it and then it will have to be sent back to you.  But what I would do is I would phone the Registry at Mildura tomorrow to see whether or not you need to go the Swan Hill court to do something more.  I am sorry about that inconvenience, but there it is.  So just wait there for the moment whilst we await the order to return. 

122We don't know what is happening.  Is it coming or have they told you - what have they said about it, that's what I'm asking?

123ASSOCIATE:  That they're sending it back to me, but ‑ ‑ ‑

124HIS HONOUR:  They've said done that?  Have they said they've done that? 

125ASSOCIATE:  Yes, yes.  They're faxing it.

126HIS HONOUR:  So the fax is coming now, is it?  All right.  Then it needs to be faxed back to him.  Mr O'Doherty, remember it was all done in court?

127MR O'DOHERTY:  Yes.

128HIS HONOUR:  All done in court.

129MR O'DOHERTY:  That's before the ‑ ‑ ‑

130HIS HONOUR:  Documents were handed up ‑ ‑ ‑

131MR O'DOHERTY:  Yes.

132HIS HONOUR:  ‑ ‑ ‑ you wrote down what the order was, you signed it, handed it down and then it was over.

133MR O'DOHERTY:  It worked very efficiently.

134HIS HONOUR:  Yes, it seemed to go pretty well.

135MR O'DOHERTY:  Yes.

136HIS HONOUR:  I remember it going quite well, I felt.

137ASSOCIATE:  Let's not do this again.

138HIS HONOUR:  Well, that's right.  I fall for it every time.  Did you say the fax was coming?

139ASSOCIATE:  Well, it made a noise.  I would assume that means it's ‑ ‑ ‑

140HIS HONOUR:  We would have done five of these by now, Mr O'Doherty, wouldn't we?

141MR O'DOHERTY:  Easy, Your Honour, and a couple of trials.

142HIS HONOUR:  Talking about the extent to which we're oppressed electronically, I was asked - there you go.  You see, the moment you start talking something happens.

143MR O'DOHERTY:  Yes.

144HIS HONOUR:  All right.  Now it's been signed.  Stand up, please, Mr - all right. 

145I am now going to sign these orders and they will be sent back to you and you should go down to the Registry and await them because you will need to take this to the Swan Hill Community Corrections office.  There are two of them.  They will understand it means it is really one order.

146OFFENDER:  Yes.

147HIS HONOUR:  Make sure you ring in to the court tomorrow to find out whether anything else needs to be done. 

148Just my parting words to you, I reckon I changed my mind four times in the last three days, that is how close you got to ‑ ‑ ‑

149OFFENDER:  Thank you, Your Honour.

150HIS HONOUR:  Yes, well, do not worry about thanking me, reflect on how close you got to being in a prison van at the moment on the way to Malmsbury.  You need to be very careful that you make every post a winner, because you are right on the edge of something pretty bad, in my view.  All right you can go now.

151OFFENDER:  Right, thank you, Your Honour.

152HIS HONOUR:  You have got to go down to Registry to get your order.  Yes, all right.  Thank you.

153All right.  So that is that.

154MS HABAN-BEER:  As the court pleases.

155HIS HONOUR:  I feel as if I've done ‑ ‑ ‑

156MS HABAN-BEER:  (Indistinct) for accommodating the link, Your Honour.

157HIS HONOUR:  I feel as if I've done a day's work, Mr O'Doherty and
Ms Haban-Beer.

158MR O'DOHERTY:  More than that.  More than a day's work.

159HIS HONOUR:  I feel enervated.  All right.  You are both excused.  We can turn the video link off. 

‑ ‑ ‑