Director of Public Prosecutions v Cook and Hetaraka

[2015] VCC 632

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00232
CR-15-00324
CR-15-00233

DIRECTOR OF PUBLIC PROSECUTIONS

v

NATHAN COOK AND TUI HETARAKA

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JUDGE:	HER HONOUR JUDGE DAVIS
WHERE HELD:	Melbourne
DATE OF HEARING:	23 April 2015
DATE OF SENTENCE:	29 April 2015
CASE MAY BE CITED AS:	DPP v Cook and Hetaraka
MEDIUM NEUTRAL CITATION:	[2015] VCC 632

REASONS FOR SENTENCE
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Subject: Criminal law – plea - sentence
Catchwords: Armed robbery

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Hogan	OPP
For Mr Cook	Mr K. Reynolds	James Dowsley & Associates

For Mr Hetaraka  Mr John McLoughlin            Victorian Legal Aid

HER HONOUR: 

1Nathan Cook and Tui Hetaraka, you have each pleaded guilty to two charges of armed robbery.  The maximum penalty for armed robbery is 25 years' imprisonment.  The facts are set out in the prosecution summary which was Exhibit 1, and I sentence you both on the basis of those facts.  You, Mr Cook, are 20 years of age and were born on 19 May 1994.  You Mr Hetaraka are 21 years of age and were born on 14 May 1993.  At the time of the offending, you lived together at 4 Cercis Court in Doveton.  

2Charge 1, armed robbery.  On 5 November 2014, the victim Di Ma was working at the Cranbourne Village shop milk bar.  She had her five year old daughter with her at the time.  At about 8.35 she was in the cool room of the shop with her daughter storing drinks.  You, Mr Cook, were wearing a grey hooded jumper with the hood over your head, a white piece of material covering your face and a pair of dark glasses over your eyes.  Ms Ma exited the cool room and went behind the counter to serve you.  Soon after you entered, you Mr Hetaraka, wearing a beanie on your head, sunglasses on your eyes and a white gasmask on your face entered.  You both stood in front of Ms Ma at the counter.

3You, Mr Cook, said to Ms Ma I am going to grab all the money and all the cigarettes.  You then produced a knife about 35 centimetres in length with a skinny silver coloured blade and a black handle.  You bounced the knife on the counter twice and requested that Ms Ma get the money for you.  At this time, you Mr Hetaraka were holding a claw hammer with a black head and were opening a white plastic bag.  Ms Ma opened the cash register and removed all of the $10 and $20 notes on the register.  She noticed that her husband was calling her mobile phone.

4You, Mr Cook, told her not to answer the phone.  She gave you the money, which you put in the white plastic bag held by Mr Hetaraka.  You, Mr Cook, then instructed Ms Ma to put the $50 notes in the bag as well.  She gave them to you and you put them in the bag.  You then demanded cigarettes, and she opened the cigarette cupboard and began to remove one packet of cigarettes at a time.  You, Mr Cook, tapped the knife on the counter and said to her, "Quick, quick", and then you Mr Hetaraka hit the hammer down onto the counter and stated "quick, quick, don't waste time".  You, Mr Cook, pointed the knife across the counter, lent across it, and told her to hurry up.  Ms Ma was very shocked, scared and very frightened and her hand was shaking.  You said, "It doesn't matter, I'll do it myself" and then walked around to the staff side of the counter and stood very close to her.

5Ms Ma's daughter then walked out of the cool room to the counter, but you were standing between her and her daughter.  Ms Ma was very nervous and said, "Don't hurt my daughter".  You, Mr Cook, removed assorted brands of cigarettes from out of the cupboards.  You, Mr Hetaraka were leaning across the counter, holding the plastic bag and told Mr Cook to hurry up.  You, Mr Cook, continued to remove cigarettes from the shelves.  You then both proceeded to leave the shop with 30 to 40 packets of cigarettes and about $380 in cash.  Prior to leaving, you Mr Cook said to Ms Ma, "You report to the police ten minutes after we leave" and said to her daughter, "Don't worry, good girl".

6Another witness observed you both leave the shop carrying the bag and with your faces concealed.  Ms Ma telephoned her husband and called 000. Police attended at the milk bar. 

7Charge 2, armed robbery, on 18 November 2014 Richard Tan was working alone at his parents' milk bar, the L2 milk bar at 2 Lawless Drive in Cranbourne North.  At about 8.40 pm, you Mr Cook, wearing sunglasses, a black baseball hat, a grey hooded jumper, gloves and a white piece of material covering your nose and mouth entered the milk bar, approached the counter, handed Mr Tan a white plastic bag and said, "Give me all the cigarettes" and produced a knife from your pocket.  You pointed the knife at the cigarette cupboard and then placed it on the counter.

8Mr Tan described the knife as having a silver blade with a black handle, and being approximately 20 centimetres in length.  You, Mr Cook, then told Mr Tan to also give you cash.  Mr Tan told his father who was out of the back of the shop that they were being robbed.  About 30 seconds later, you Mr Hetaraka, wearing sunglasses, a black baseball hat, a grey hooded jumper, gloves and a white piece of material covering your nose and mouth and armed with a claw hammer entered the milk bar and walked to the fridge area.  Mr Tan Senior came out to the shop and told his son to give you what you wanted.  Mr Tan placed cash notes in the white plastic bag being held by you, Mr Cook.  Then you gave the plastic bag to Mr Tan, who placed cigarette packets into the bag and you told him to be quick.

9A customer entered the milk bar and saw Mr Tan was shaking and looked scared.  She saw the knife and saw that your face, Mr Cook, was covered.  She then ran out of the milk bar and into a car where her mother was waiting.  You, Mr Hetaraka, then approached the counter while holding the claw hammer and started counting down from ten to one.  Mr Tan then gave you, Mr Cook, the white plastic bag and you Mr Cook removed a tray of cigarette lighters from the counter.  You both then left the milk bar having stolen $400 in cash, 48 packets of cigarettes and the tray of lighters.  The incident was captured on CCTV footage.  Mr Tan contacted 000 to report the incident, as did the other customer's mother who attended during the incident.

10Police attended the milk bar and arrested you, Mr Hetaraka, nearby, although you denied being inside the milk bar.  You, Mr Hetaraka, were taken to the Narre Warren police station. At the interview, you admitted being in the vicinity, but denied your involvement in the offending and stated that you fled from police as you were using cannabis at the time.  On 27 November 2014, police attended at the residence where you were both living together and arrested you both.  Police searched the premises and located clothing worn during both armed robberies, a hammer, a knife, cigarette packets, cigarette lighters and $600 in cash.  You were both taken to the Springvale police station.  During the interview, you Mr Hetaraka, made admissions to the offending and stated that you had initially denied involvement in the second armed robbery because you were scared, that your role was just to stand there for support, not to use the weapons, but just to scare the victims.  You said that you were stoned on both occasions.  You identified Mr Cook as your co-offender.

11You stated that your premises had been burgled and that although you were working, you both needed money to play the bills.  You said that the offending was not planned.  You just threw some clothes in a bag and grabbed the hammer, et cetera, and went to Cranbourne.  During your interview, Mr Cook, you made admissions to the offending and stated that you used ice before each of the armed robberies, that little planning was involved on the first occasion but that the second was planned, that the offending occurred because you needed money for rent and food, that you had the clothes and weapons with you to scare the victims but had no intention of hurting anyone, that when you saw how frightened Ms Ma was by the knife you put it down and you apologised to her and to her young daughter as you left.  In relation to the second armed robbery, you stated that you were not holding the knife at Mr Tan.  You each indicated an indication to plead guilty to the charges on the indictment at a committal case conference on 13 February 2015. 

12You, Mr Cook, were remanded in custody on 27 November 2014 and were released on bail on 13 January 2015.  You have spent 48 days in custody to be declared as pre-sentence detention.

13You, Mr Hetaraka were remanded in custody on 27 November 2014 and were released on bail on 5 January 2015.  You have spent 40 days in custody to be declared as pre-sentence detention. 

14The prosecution applied for disposal orders in respect of the items ceased by police and for restitution orders in relation to cigarettes, cigarette lighters and $600 seized by police.  Through your counsel, you have each indicated that you do not oppose the making of these orders and I propose to make them.

15Ms Ma provided a victim impact statement dated 22 April 2015, in which she stated that she has been constantly anxious since the armed robbery, is afraid of staying home alone and gets upset at seeing any man wearing a hat.  After the robbery, she was forced to sell the shop at a loss and has moved to a new place. 

16Mr Tan provided a victim impact statement dated 20 April 2015 in which he stated that since the armed robbery, he closes earlier at night, is easily disturbed by noise when he sleeps and is on alert whenever a young person comes into the milk bar.  He takes extra time to check the locks in the house and milk bar.  He fears another robbery and feels Australia is not as safe as he thought it was, or would be when he moved here.  He is seeking counselling in relation to the incident.

17Brooke Frawley, the schoolgirl who came into the milk bar during the second armed robbery provided a victim impact statement dated 22 April 2015, which was prepared by her mother.  According to that statement, the incident added to the pressure she was feeling and adversely affected her studies and her sleep as well as her level of comfort at her casual job. 

18I turn to the plea made on your behalf Mr Cook.  Your counsel noted that you were on bail in relation to these offences when you were arrested on 17 April 2015 and charged with a number of offences and trafficking in a drug of dependence, namely ecstasy.  Those matters, of course, have yet to be finalised.

19Your counsel raised the following matters in mitigation: your cooperation with investigators during the execution of the search warrant and the full and frank admissions you made during the record of interview, your early plea of guilty, your youth, your prospects of rehabilitation and your pre-sentence detention as well as your current mental health issues having been recently diagnosed with both borderline personality disorder and depression.  I heard evidence from Mr Bell, your youth justice worker, to whom you were referred when being assessed for bail.  He said that you have been referred to YSAT, have been seeing him weekly and were taken to Dandenong Hospital in March this year with suicidal ideation.

20There, he said, the psychiatric registrar diagnosed a bipolar disorder and personality disorder and referred you to Headspace and you were on the waiting list there.  You had some relationship problems, separated from your partner but have regular access to your daughter at your mother's house.  You had some work installing solar panels, but drug-use affected your involvement.  You have engaged well with YSAT and with Mr Bell but showed poor coping mechanisms when anxious and are impressionable.  You sometimes show insight into your problems but other times are immature.  Mr Bell said that you reported minor drug use and ice use on a couple of occasions, with the last occasion being prior to your admission in hospital, but that he was keen not to breach you because you were well-engaged with his service, and had not missed any appointments.

21He said that your first mental health plan was only developed by your general practitioner in March this year and that nothing had been in place when you first received bail.  He said that you had told him how tough things had been for you in remand, that you had been stood over and had had things taken and had been distressed by this but that you had not told them that you had been stabbed there.  Your counsel tendered a number of reports.  Your local doctor, Dr Samarakoon reported on 5 March 2015 that you suffer from bipolar disorder, borderline personality disorder and ADHD and needed to be assessed by a psychiatrist and have your medication reviewed.

22Laurence Stuckey, outreach worker for YSAS reported on 21 April 2015 that you are due to go in a 13 day residential withdrawal program on 26 May this year.  She noted that your anxiety over managing life in the community and about the possibility of a custodial disposition has resulted in some drug relapses but that you have been open and honest with her and attended all appointments.  She noted that you have been stood over in adult prisons while on remand.  She felt that you are genuinely motivated to deal with the complex issues in your life and will need support and treatment.  She is able to continue working with you until you turn 22 and then can refer you to adult services for support.

23Ms Carla Lechner, psychologist, reported on 11 April 2015 that you presented with symptoms of diverse conditions including borderline personality disorder, major depression, stimulant use disorder in early remission and features of post-traumatic stress disorder.  You told her that you regretted your offending and were abstaining from ice use. 

24She described your personal circumstances, which may be briefly summarised as follows; you are the oldest of three children with a number of half siblings on both sides.  Your parents separated when you were about eight and you seem to have shuttled between homes.  You have reported being diagnosed with ADHD at around six, and being treated with medication.  Your formative years were unsettled as you changed school frequently and were physically abused by a friend’s stepfather.  You say you were sexually abused as a child, but blocked this conduct out until you saw a psychologist in your teenage years.  You told her that you always had trouble forming close and trusting relationships.  You expressed regret and shame for your offending, which occurred when you were high on ice.  She stated that you were able to reflect on the impact that your behaviour has on you and others, but are easily overwhelmed by your internal emotional state.

25She noted that you had difficulties on remand and that your mental health would need to be closely monitored in the event of a return to prison.  Claire Knoop, who lectures at the Australian Fitness Academy, provided a report dated 12 February 2015 which indicates that you have been an excellent participant in the certificate 3 and 4 in fitness, although she did not mention the dates of the program you attended. 

26Your counsel submitted that principles five and six of Verdins are enlivened and in the light of your youth and cooperation with authorities, early plea of guilty, guarded prospects of rehabilitation and pre-sentence detention, a youth justice order was an appropriate disposition.  Today in the light of the additional matters that were discussed this morning, including the receipt of an assessment report from Corrections Victoria in relation to your suitability for a community corrections order, your counsel has indicated that you would prefer and be prepared to comply with the terms of a community corrections order.

27Absent confirmation from the Dandenong Hospital concerning your diagnosis and prognosis, the prosecution submitted that there was insufficient evidence to enliven Verdins principle 6.  The prosecution noted that you offended while on bail and that your prospects for rehabilitation remain guarded, but conceded that a youth centre order was open.  I note that you were assessed by Mr Gene Bell and Mr Robert Ross on 27 April 2015 as being suitable for a youth justice order.

28I note that you have two prior convictions, one in June 2014 for drive at speed dangerous and one in early May 2013 for obtaining property by deception and reckless conduct endangering serious injury, but that in respect of each of these you received without conviction dispositions and adjourned undertakings with some additional conditions.

29I note that on 28 April 2015, I received a copy of the mental health plan prepared by your doctor and also a copy of the Dandenong Hospital records concerning your admission between 11 and 18 March 2015. I accept the matters put on your behalf in mitigation by your counsel.  You cooperated with police at the time that the search warrant was executed and told them where a number of relevant exhibits could be located.  Later that day, you gave a full and frank account of your offending in your record of interview.

30You pleaded guilty at the earliest opportunity, thus indicating your remorse, sparing the complainants from having to give evidence at committal and trial and saving the community the time and cost of a full criminal trial.  You are entitled to a tangible discount for a plea of guilty.  After a plea hearing, but prior to sentencing this morning, I was concerned that you had not been assessed for suitability for a community corrections order, I arranged for you to be so assessed and received a report dated 29 April 2015 from Mr Richard Temple-Camp stating that you are suitable for such an order.  He recommended conditions including unpaid community work, mental health and drug treatment, rehabilitation and supervision.

31You are a young offender, being 20 years and 11 months at the time of the plea and 20 years and five months at the time of the offending.  I note your positive engagement with youth justice and YSAS while on bail and consider that with appropriate treatment for your depression and chronic drug use, you have reasonable prospects for rehabilitation.  In your case, I am satisfied that the sentencing consideration of rehabilitation prevails over the need for general and specific deterrence.  I also accept that you have psychological issues including depression and anxiety and that at the very least, Verdins principle number five is enlivened.

32The documents from Dandenong Hospital suggest that you were discharged with a diagnosis of antisocial personality disorder to receive support from Headspace for behavioural management. 

33That material does not mention that you would suffer a deterioration of your mental health and custody.  However, that material predates the report of Carla Lechner who was aware of your adverse experiences on remand and who concluded that that your mental health would need to be closely monitored in the event of a return to gaol.  On balance, therefore, I am prepared to consider that Verdins principle 6 is enlivened. 

34The guideline judgement in Bolton's case makes it clear that a term of immediate imprisonment must be a sentence of last resort to be imposed even in the case of some serious offences only where the relevant sentencing principles cannot appropriately be satisfied only by the imposition of a community corrections order, either alone or in combination with a term of imprisonment.  In the circumstances of your case, in the light of the mitigatory factors outlined above, I consider that a short period of imprisonment should be followed by a community corrections order lasting two years, which will give you the support you require in terms of mental health treatment and drug and alcohol treatment and the supervision to assist you in your rehabilitation.  In the light of the similarity of the conduct the subject of the charges, I consider it appropriate to impose an aggregate sentence of imprisonment.

35It is therefore unnecessary for me to indicate the sentence that would have been imposed for each offence had separate sentences been imposed, nor whether those sentences would have been imposed concurrently or cumulatively.  I propose to sentence you to a short period of detention followed immediately by a community corrections order for a period of two years.  In addition to the mandatory conditions, I will order that you complete 150 hours of community work, that you undergo drug assessment and treatment in relation to your drug use, mental health assessment and treatment, participation in offence related programs as directed and that you be subject to supervision.  In addition to the conditions that I specifically imposed, you must also abide by the terms that apply to all community corrections orders.  These are that you must not commit any other offences during the period of the order being enforced, that is two years from today, any offence for which you could be imprisoned even if a court would not choose to impose imprisonment.  You must report to and receive visits from a community corrections officer, you must report to the community corrections centre at Dandenong within two clear working days of today.  Also, you must not leave Victoria without first getting permission from a community corrections officer, and you must inform the community corrections of any change of address where you live or where you work within 48 hours of that occurring.  Finally, you must obey all lawful instructions from and directions of community corrections officer.  Do you understand the conditions I have imposed, and the general terms that apply?

36MR REYNOLDS:  May I approach my client?

37HER HONOUR:  Yes, absolutely.

38MR REYNOLDS:  Mr Cook does, Your Honour.

39HER HONOUR:  Before you consent to the making of such an order, you must understand that contravention of any condition attached to the community corrections order except for a contravention of a direction by the secretary is itself an offence punishable by three months' imprisonment.  Contravention of a community corrections order also carries with it the prospect that you will be brought back before me and re-sentenced for the original offences.  Do you consider in those circumstances to the imposition of the order?

40MR COOK:  Yes. 

41HER HONOUR: I will shortly get you to sign those orders. Mr Cook, would you please stand? I impose an aggregate sentence in respect of charges 1 and 2 as follows. You are convicted and sentenced to 48 days imprisonment, and thereafter to a two year community corrections order to commence on 29 April 2015. Pursuant to s.18 of the Sentencing Act (1991) I declare that a period of 48 days pre-sentence detention is to be reckoned as time served on the sentence that I have imposed on you and be deducted administratively and I order that this be entered into the records of the court. In addition to the mandatory conditions of this order, I impose conditions that I have already outlined above.

42HER HONOUR: I indicate pursuant to s.6AAA of the Sentencing Act that but for your plea of guilty, I would have imposed an aggregate sentence of 12 months' detention in a youth justice facility in respect of the charges.

43HER HONOUR: take a seat please.

44HER HONOUR: Mr Hetaraka, I turn to the matters raised on your behalf in the plea made by your counsel.  You were supported in court by your mother who travelled here from New Zealand.  Your personal circumstances may be briefly summarised.

45You were born in New Zealand on 14 May 1993.  Your parents separated that year and your mother remarried in 1994.  You have a younger brother.  Your biological father died in early 2005 in a car accident.  In 2007, your family moved from Auckland to Te Kao near the northern tip of New Zealand.  Your mother was a social worker and your stepfather a warehouse foreman.  You played first XV rugby and athletics in junior high school and were involved in school debating and music.  You worked part-time and played for a local rugby club until you finished year 12 equivalent and qualified for university entry.  You saved up and came to Australia in September 2010 and lived in Berwick with a friend of your mother's.  You worked as a storeman between 2010 and 2012, and completed logistic and warehousing certificates.

46You met Mr Cook in May 2011.  In late 2011, you moved into your own place and started performing hip hop and dabbling in cannabis use.  You moved to another warehouse job in 2013, but left in March the following year because you were not getting enough hours work. 

47You returned to New Zealand for your 21st birthday in May 2014 and broke up with your girlfriend and stayed in New Zealand until August 2014 working part time.  When you returned to Melbourne, you could not find a job and were living off your savings and using cannabis heavily.  In September 2014, you moved in with Mr Cook.  You had only intermittent casual work and were threatened with eviction.  You committed both armed robberies to pay rent.  You made full admissions to the offending when interviewed.  You were remanded in custody on 27 November 2014.  While in custody, you took up the practice of Buddhism.  You were bailed on 5 January 2015 to live with your aunt in Perth.  Your bail conditions included daily reporting and a curfew.    You had to stop working part time in a chicken shop because of the curfew.  You meditate three to four times a week. 

48Your mother gave evidence on your behalf.  She said that when you returned to New Zealand for your birthday you were angry and hard to communicate with and she urged you to stay there.  She and the family were very shocked by your offending, which was out of character.  Since being in Perth, you are your old self and are sorry for what you have done and appreciate the impact it has had on the victims and their families.  She and the family will continue to give you full support when you return to New Zealand in the future.

49You gave evidence in which you made a heartfelt apology for your conduct, saying that you are deeply ashamed of your actions and of their impact on the victims and on your own family.  You said that you felt guilty about the first armed robbery but then went on to commit the second because you were struggling with rent and because you made a stupid and immature decision at the time and you were using cannabis daily at that time.  You have not used drugs since your release on bail.  You accept that you made bad decisions and accept any punishment that is forthcoming after which you intend to go back to New Zealand and study music at university. 

50Your counsel tendered five references on your behalf from friends and family in New Zealand who have known you for many years.  They each stated that your offending is completely out of character and that you are very remorseful and ashamed of your actions.  Your aunt Joy Toomata wrote that your actions were a product of your mixing with negative influences. 

51You have been assessed by Richard Temple-Camp of Corrections Victoria on 23 April 2015 as suitable for a community corrections order.  The conditions recommended are those of unpaid community work, supervision and drug assessment and treatment as directed.  The report acknowledges your advice that you have been abstinent since your arrest and remand and intend to remain abstinent. 

52The prosecution conceded that you made admissions during your record of interview, pleading guilty at the earliest opportunity, have relatively good prospects of rehabilitation as well as a supportive family and no prior convictions but noted that the offending took place almost two weeks apart and submitted that general deterrence looms large as a sentencing consideration and that an immediate term of imprisonment is required.

53Your counsel submitted that you are a youthful offender with no prior convictions who was affected by cannabis at the time of the offending.  You felt guilty about the offending while committing it, you pleaded guilty at the earliest opportunity, you were aware of the impact on the victims, you have complied with strict bail conditions including daily reporting and a night curfew since release on bail over four months ago and you have excellent prospects of rehabilitation. 

54On the authorities, youth and prospects of rehabilitation are important considerations and the potentially harmful effects of imprisonment should also be taken into account.  In the circumstances, it was submitted the imposition of a community corrections order is justified.

55I agree with the matters raised by counsel on your behalf.  Whilst armed robbery is a serious offence, the range of sentences open in a particular case may be wide.  In light of Boulton's case, it would be inappropriate to impose an immediate custodial disposition whether relevant sentencing considerations could be satisfied by the imposition of a community corrections order.  You are a youthful offender with an excellent family background, solid education and some work history, no prior convictions, no mental health or drug or alcohol issues apart from the obvious of cannabis which has ceased.  You are extremely remorseful and I consider that you have excellent prospects of rehabilitation and are unlikely to re-offend.  The interests of the community lie in your full rehabilitation with support in the community. 

56I have given careful consideration to the question of parity in crafting sentences which I consider appropriate to reflect your respective offending, your personal circumstances, your age and the relevant sentencing principles.  In your case, Mr Hetaraka, I propose to sentence you to an aggregate sentence of imprisonment in respect of the two charges followed immediate by a community corrections order for a period of two years. 

57In addition to the mandatory conditions, I propose to order that you complete 150 hours of community work, that you undergo drug assessment and treatment in relation to your cannabis use and that you be subject to supervision.

58In addition to the conditions that I have specifically imposed, you must also abide by the terms that apply to all community corrections orders.  These are that you must not commit any other offences during the period of the order being in force, that is two years from today.  Any offence for which you could be imprisoned, even if the court would not choose to impose imprisonment.  You must report to and receive visits from a Community Corrections Officer, you must report to the Community Corrections Centre at Sunshine within two clear working days of today.  Also, you must not leave Victoria without first getting permission from the Community Corrections Officer and you must inform the Community Corrections Office of any change of address of where you live or where you work within 48 hours of that occurring.  Finally, you must obey all lawful instructions from and directions of Community Corrections Officers.  Do you understand the conditions I have imposed and the general terms that apply?

59OFFENDER:  Yes, Your Honour.

60HER HONOUR:  Before you consent to the making of such an order, you must understand that contravention of any condition attached to a community corrections order, except for a contravention of a direction by the Secretary, is itself an offence punishable by three months' imprisonment.  Contravention of a community corrections order also carries with it the prospect that you will be brought back before me and re-sentenced for the original offences.  Do you consent to the imposition of the order?

61OFFENDER:  Yes.

62HER HONOUR:  I impose an aggregate sentence in respect of Charges 1 and 2 as follows.  You are convicted and sentenced to 40 days' imprisonment and thereafter to a two year community corrections order to commence on 29 April 2015. 

63Pursuant to s.18 of the Sentencing Act 1991, I declare that a period of 40 days pre-sentence detention is to be reckoned as time served on the sentence that I have imposed upon you and be deducted administratively and I order that this be entered into the records of the court.

64In addition to the mandatory conditions of this order, I impose the additional conditions as I have previous indicated.

65Pursuant s.6AAA of the Sentencing Act, I indicate that but for you plea of guilty, I would have imposed an aggregate sentence of nine months' imprisonment.

66(Community corrections order signed and acknowledged.)

67HER HONOUR:  For some reason, Mr McLoughlin there are two orders - two file numbers with Mr Hetaraka.  It's an administrative problem because the two matters - they were different ‑ ‑ ‑ 

68MR McLOUGHLIN:  Yes, different briefs because he was charged at different times and I was just explaining to Mr Hetaraka that he will have to be - as a matter of administrative procedure, they'll have to take him downstairs and get the okay from central records that the PDS matches up with Your Honour's order and then they will release him.

69HER HONOUR:  Very well.  We're going to finalise the orders in chambers so we don't have to detain you any further.  Are there any other matters?

70MR McLOUGHLIN:  No, Your Honour.

71MS HOGAN:  No, Your Honour.

72HER HONOUR:  Thank you.

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