Director of Public Prosecutions v Cunanan

[2015] VCC 1499

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-01234

DIRECTOR OF PUBLIC PROSECUTIONS

v

JUNAR CUNANAN

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JUDGE:	HER HONOUR JUDGE COHEN
WHERE HELD:	Melbourne
DATE OF HEARING:	30 September 2015
DATE OF SENTENCE:	12 October 2015
CASE MAY BE CITED AS:	DPP v Cunanan
MEDIUM NEUTRAL CITATION:	[2015] VCC 1499

REASONS FOR SENTENCE
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Subject:Sentencing; trafficking commercial quantity of methylamphetamine and summary charges

Catchwords:              Plea of guilty; long relevant criminal history
Legislation Cited:     Sentencing Act 1991 (Vic) s 6AAA

Sentence:On trafficking offences: 18 months imprisonment followed by CCO of 2 years with supervision and therapeutic conditions; on dealing with proceeds of crime: 2 months imprisonment; on other summary charges: aggregate CCO for 6 months with 50 hours unpaid community work.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Zebrowski (on plea) Ms S. Hosking (on sentence)	OPP
For the Offender	Mr A. Patton	Haines and Polites

HER HONOUR: 

1Junar Cunanan, you have pleaded guilty to a charge of trafficking methamphetamine in no less than a commercial quantity.  You also agreed to have transferred to this court and have pleaded guilty to seven summary charges as follows: Charge 3, dealing with property suspected of being the proceeds of crime, that is, $2,520 cash and a $25 gaming chip; Charge 4, possessing a prohibited weapon without an exemption or approval, namely a butterfly knife and a throwing knife; Charge 5, unlicensed driving of a motorcycle; Charge 6, fraudulently using numberplates; Charge 7, possessing cartridge ammunition without a licence or permit; Charge 8, possessing a carpet python (which was protected wildlife) without a licence, permit or authority; and Charge 10, using an unregistered motor vehicle.

2The maximum penalty for the offence on the indictment of trafficking a commercial quantity of a drug of dependence is 25 years' imprisonment.  The maximum penalties for the summary charges are: dealing with property suspected of being the proceeds of crime, two years' imprisonment; possessing a prohibited weapon without an exemption or approval, 120 penalty units or one year imprisonment; unlicensed driving of a motor cycle, ten penalty units or one month imprisonment; using false numberplates, 60 penalty units or six months' imprisonment; using an unregistered motor vehicle, 25 penalty units; possessing cartridge ammunition without a permit, 40 penalty units; and possessing wildlife without a licence, 240 penalty units or 24 months' imprisonment or both.

3Those respective maximum penalties are relevant to indicate the comparative seriousness with which Parliament, on behalf of the community, regards each such offence.  In particular, the most serious charge against you is that on the indictment of trafficking in a commercial quantity of methamphetamine.  The maximum penalty for that offence is the second highest in this State, short only of life imprisonment, indicating how very seriously offences of that nature can be regarded.  However, in the circumstances of this case you will not be receiving anywhere near the maximum penalty on any charge.

4You have also admitted an extensive prior criminal history, to which I shall refer shortly.

5All of these charges are based on your circumstances on 30 September last year, 2014.  That evening you were intercepted by police whilst riding a motorcycle, the numberplates of which apparently attracted attention.  You were found not to hold a licence to drive a motorcycle, the numberplates were subsequently found to belong to a different vehicle, and the vehicle you were driving was unregistered.  Those facts are the basis of three summary charges.

6Police held a warrant to search a flat where you lived and you accompanied them there and cooperated by allowing them to further search your person as well as those premises.  They found on you $520 cash in a wallet in your pocket and, in a pouch concealed in a pocket in your underwear, a snap lock bag containing a crystallised substance subsequently confirmed as methylamphetamine.  They also found on you a $25 gaming chip from Crown Casino.

7During the search of the flat where you lived, police found a satchel containing a transparent snap lock bag containing a crystallised substance subsequently confirmed as being methylamphetamine, the satchel having been sitting between cushions on a couch.  They also found a butterfly knife and a double-edged throwing knife on a shelf, both being prohibited weapons and the subject of one of the summary charges.  They found $2,000 cash in a drawer in the bedroom.  That cash, together with the amount in your wallet and the casino chip, are the subject of the summary charge of dealing with property suspected of being the proceeds of crime.  In a wardrobe they found a satchel or pouch containing 12 rounds of ammunition, that being the basis of the summary charge of an unlicensed person possessing cartridge ammunition.  Finally, on the balcony of the bedroom of your flat, they found a carpet python, which is a protected species for which you required, but did not have, a licence under the Wildlife Act 1975. That is the subject of one summary charge.

8The two quantities of methylamphetamine are the subject of the charge of trafficking a commercial quantity of that drug of dependence.  The total weight of the two bags of methylamphetamine was 153.1 grams, analysed as 90 per cent pure, meaning that the total quantity of pure methylamphetamine was approximately 138 grams.  That was more than the threshold quantity of that drug for a commercial quantity, the threshold amount being 100 grams pure.  That is the drug that is the subject of the principal charge - the charge on the indictment.

9You were generally cooperative with police, and although you commenced your record of interview by stating that you would make no comment, you did give some answers to certain questions.  Those included admissions that you lived at the relevant flat as well as at another address, that the drugs found on your person were “ice” or methylamphetamine, but you said they were for your personal use and that you smoked it.  You admitted that you were not licensed to ride a motorcycle, and that the knives found at the flat were yours, as you collected knives.

10You were remanded that day in custody and have remained there for a little over 12 months.  That time - now 377 days not including today - will be counted as reckoned served towards the sentences I impose.  In this case that time has further relevance, as I shall explain later.

11I will treat you as having pleaded guilty to these charges at an early stage, although it did not in fact occur until almost ten months after you were charged and remanded on these charges.  The charges were apparently originally listed to be heard summarily in the Magistrates' Court, but in January of this year the DPP uplifted them, then the first committal mention was adjourned, as the Wildlife Act charge in respect of the carpet snake was only filed at that stage.  At a further committal mention on 17 July of this year you indicated your intended pleas of guilty to these charges, and at that stage a straight hand-up brief was accepted, and no witnesses were required to attend court.

12You are entitled to considerable leniency for your pleas of guilty.  This is for the utilitarian value of saving the time and cost of disputed hearings at both committal and trial stages, for saving witnesses having to attend (although in this case they would have all been professional witnesses), and in your case I accept that the pleas of guilty reflect your acceptance of responsibility for your offences and that they also reflect some remorse on your part.

13I shall tell you what your sentence would have been if you had not pleaded guilty after I have imposed the sentences on which I have decided.

14I turn now to your personal circumstances and history.

15You are now aged 38.  You are one of four siblings and several stepsiblings and, I am told, were raised in a loving and supporting relationship with your mother and stepfather.  They were both in court, and still are, to support you.  You lived alone at the time of these offences and were not involved in any personal relationship with a partner. 

16You completed Year 11 at school and commenced an electrical fitter apprenticeship, however, had to cease that when you lost your employment after the break-up of your relationship with your employer's daughter.  You were employed in a number of factory and production line roles over the following years, including at Toyota, and have apparently also been able to secure some other jobs after your release from your periods of imprisonment.  At the time of your arrest you had been working on a casual basis as a scaffolder, although I am told that at that stage the work had dried up. 

17I am told that when you are next released, that is, from your current term in prison, there will be employment available to you provided by your stepbrother, who has written a letter confirming that.  I am told that that was not previously available to you as this brother was interstate but has now returned to Victoria.

18You were apparently introduced to using heroin after leaving school, and from that you developed a long-term addiction to drugs.  Save for an appearance for driving offences in 2002, all of your prior offending has related to drugs, whether directly or indirectly.

19Your first court appearance was in May 1997 for trafficking, possessing and using heroin, for which you were placed on a community-based order which included conditions for both unpaid community work and treatment for drug addiction.  However, that was varied some months later with the CBO cancelled and a term of imprisonment imposed, but suspended for 12 months.  In the meantime there had been further charges involving using and trafficking heroin, for which a suspended sentence had also been imposed.

20Your next court appearance was about four years later, for multiple charges including possessing and trafficking heroin, possessing proceeds of crime, as well as burglary and theft, and you were sentenced to a term of imprisonment of one year, of which you were to serve six months before parole. There were two further sets of charges dealt with in 2001, then a charge of unlicensed driving in 2002, for which you were fined. 

21Your next court appearance was in March 2007, for trafficking heroin, possessing methylamphetamine and heroin, and possessing a controlled weapon and unregistered firearms and ammunition, all without permits.  You were sentenced in the County Court to a total of three years' imprisonment with a non-parole period of 18 months.  That was the last term of imprisonment you had served until being remanded on the current charges, although a further term was imposed later in 2007 for possessing methylamphetamine, using and dealing with property suspected of being the proceeds of crime, and possessing prohibited weapons.  On my calculation, you would have been released from prison sometime in 2008. 

22In 2010 you were sentenced to a suspended sentence for dealing with property suspected of being the proceeds of crime and, again in July 2014, to a wholly suspended sentence for trafficking and using methylamphetamine and dealing with property suspected of being the proceeds of crime.

23This criminal history does you no credit, and shows that you have considerable numbers of relevant prior offences. It also shows that previous sentences, including of imprisonment, did not manage to deter you from becoming involved again with drugs and offending.  Of particular concern is that you were on a suspended sentence at the time of the offending for which I sentence you, and although I will not be dealing with you for breaching that suspended sentence, I cannot overlook that it was imposed only a couple of months before the offences for which I sentence you and apparently failed to deter you from continuing to traffic methylamphetamine and, indeed, in greater quantities such that it reached a commercial quantity.  Specific deterrence, that means to deter you from further offending, although it has failed in the past, must therefore be given significance in your sentence.

24However, I accept that none of your prior offending involved violence, and I am told and accept that previous charges for possessing prohibited weapons related to knives which you have collected over the years, although I do notice there was reference to some firearms charges.  I also note that there were periods of some years between clusters of court appearances, and I infer that you were making some effort to abstain from offending during those intervals.

25I am told that your reason for relapsing into drug use after a period of abstinence on last being released from prison was that you had made contact again with your old network and were introduced to methylamphetamine or ice for what was called social use.  However, that progressed into addiction in late 2013 and early 2014.  I am told it did not reach the stage of daily use until early 2014.

26You had moved into a unit in Parkville with a friend, which was possible because you had casual employment as a scaffolder.  However, in March 2014 I am told that the friend walked out of the arrangement and at the same time the scaffolding work began to dry up.  I am told that the financial distress in which you therefore found yourself, being solely responsible for $500 per week rent and with your drug habit, led to you purchasing methamphetamine in greater quantities, not only for your own consumption, but also to sell to cover your financial needs. 

27In assessing the objective seriousness of your offending under this principal charge of trafficking a commercial quantity of methamphetamine, I take into account that your reason for trafficking this drug was not purely motivated for profit.  However, as it had reached a commercial quantity, in my view it went beyond merely being motivated to support your own addiction to that drug, what has often been called street-level dealing.  I accept that the quantity was not greatly more than the threshold amount for a commercial quantity and that the offending behaviour relates only to the one day on which you were intercepted by police.  In the overall circumstances, I assess this offending at a relatively low level for this offence, although because the offence is trafficking a commercial quantity, it is not an insignificant charge.  That, of course, is reflected in the potential maximum penalty which reflects how seriously offences of that nature can be regarded. 

28I also take into account that the proliferation of this drug, methylamphetamine, and the insidious harm it is causing both directly and indirectly in our community is now well recognised.

29I regard general deterrence and denunciation of offending of this nature to be of importance in your sentence.  The sentence on this charge should reflect the community's denunciation of the trafficking of this drug and send a message to people tempted to traffic this drug, that they can expect serious punishment. 

30As already stated, I consider specific deterrence to also be of significance given your prior history, especially the fact that a suspended sentence had been imposed only two months before you were detected on the charges for which I sentence you.

31In relation to the cash and casino chip, the subject of the summary charge of dealing with property suspected of being the proceeds of crime, I take into account that, although constituting a separate charge, the cash and chip were evidence that your possession of the drugs found in your possession was in the context of trafficking.  I will, therefore, allow concurrency for that charge with the principal charge.  The money itself will be forfeited.

32In relation to the other summary charges, I am told that you had borrowed the motorcycle not knowing that it was unregistered, nor that the numberplates were false.  You did know that you were not licensed to drive it.  Although no harm was done on this occasion in your driving of that vehicle, it is important to realise that as the vehicle was unregistered, there was no third party insurance in respect of it, so had any person been injured as a result, there would have been no such insurance cover, and being unlicensed, you were avoiding licence fees and compliance with driving standards.

33I am told that the two knives found at your flat were acquired sometime previously, well before you moved into that flat, as you were interested in and collected knives of various types.  I accept that you were not carrying those knives, nor intending to use either as a weapon, and did have them solely for interest and not as weapons.  You had, however, faced similar charges in the past and must have known that you should not be in possession of such items, or at least not without a permit, which might have been difficult to obtain for you.

34There is a separate charge for possessing some cartridge ammunition.  Again, these had apparently been acquired sometime earlier and retained by you.  There is nothing to suggest that you had a weapon they would fit, nor that they were intended to be used as ammunition, and I regard this conduct as of minimal concern.

35Finally, in relation to the carpet snake which you were keeping in an enclosure on the balcony of your bedroom, I am told that you arranged to buy it online, intending to keep it as a pet, and did not know that you needed a permit.  I am told that you met the vendor at the time of purchase, but were not told by him of the need for a permit.  So I regard this offence as at a relatively low level of seriousness for such an offence, although I note that the maximum potential penalties reflect that the offence is generally regarded with some seriousness.

36Apart from your pleas of guilty which, as I have said, are of significant mitigating effect in this case, there are two further aspects of your circumstances which I am urged to take into account in mitigation. 

37The first is that there has been particularly adverse impact on you as a result of the delay of approximately four months between your arrest and the DPP requesting that the principal charge be dealt with in the indictable stream, and indeed, for the further delay in the joining of the wildlife charge.  Not only was there the predictable aspect of your having the charges hanging over you for longer with whatever anxiety or trepidation that would have involved, but the further impact on you has occurred because you were still on remand at the Metropolitan Remand Centre on 30 June of this year and have been affected by the consequences of a major disturbance at that prison on that date.  I am told that as a result of that disturbance, all prisoners at that prison were placed in lockdown and only have been released into the general prison population when individually cleared of involvement in the disruptive conduct.  I am told that although you were transferred to Port Phillip Prison in the meantime, your involvement has not yet been assessed and therefore you have been held in 23-hour lockdown for all of the intervening period. 

38I accept that to be in custody in 23-hour lockdown is much more onerous than for prisoners in usual conditions on remand.  One aspect of the impact is that only four days before the disruption and subsequent lockdown you had been offered the position of laundry billet, which, as well as recognising your own good behaviour and perceived likely positive influence amongst other prisoners, would have entitled you to earn some money, albeit only the very modest amount available, as well as engaging in some purposeful activity.  That opportunity ceased because of the consequences of the 30 June incident and the lockdown. 

39Further, it was also pointed out that under s.58E(1) of the Corrections Act 1986, the ability for a sentence to be reduced administratively, if the prisoner is found to have been of good behaviour while suffering disruption or deprivation in prison, does not extend to any period on remand. I am not, of course, able to assess whether you were involved actively in the disruption, but note that you have no prior history of violence or disruptive behaviour, and I am told that you were simply one of a considerable number of prisoners present in the prison yard at the time of the disruption who simply sat or waited there until able to move elsewhere.

40In the circumstances, I have taken into account in some mitigation that you have now served more than three months of the time you have been on remand for these charges in much more stern conditions than you would have otherwise, and that is because you were on remand and not serving a specific sentence over this period.  I cannot speculate on what administrative deduction would have actually been made had it been possible in your case.  However, I have regarded the near three and a half months you have now served in such lockdown as representing more than double that time in normal custody.

41The other factor which I am urged to take into account in your circumstances is that rehabilitation should be given some weight as a sentencing factor.  Although you are now aged 38 and have relapsed into drug-related offending after each previous sentence, it is submitted that there are factors which make your prospects of rehabilitation more promising this time and that ultimately rehabilitation of someone in your circumstances is still in the public interest even though you are well outside the recognised circumstances of rehabilitation being given prominence for youthful offenders, especially when there has been no or little prior criminal history.

42It is submitted that you have now come to the point of recognising that to avoid relapsing into drug abuse or offending in the future, you must address the underlying problem of your longstanding drug addictions.  It is pointed out that you have only once been sentenced in the past to a community-based order with therapeutic conditions, and although you failed on that order quite soon after it commenced, and it was cancelled, you should be given another opportunity nearly 20 years later when you are better able to recognise the need to address your drug addiction if you are to learn how to refrain from further offending in the future.

43There is some support in materials put before me for the submission that you have now reached a point of realising the need to address your drug addiction.  I was provided with results of urine screens which show that, when taken, you have been clear of drugs whilst on remand, and although there are none taken since the end of June of this year, I accept that that is because of your lockdown status.

44I take into account that you underwent a 24-hour drug and alcohol program run by Caraniche, and that this has been the only drug program available to you whilst on remand.  I accept that these circumstances are consistent with what I am told is your desire to address your underlying long-term problem with drugs and to be given the opportunity to do that under some supervision.

45Also, you continue to have the support of your mother and stepfather, and now have the opportunity for employment with your stepbrother, which was not previously available while he was interstate.

46You were assessed on the Community Corrections mode of assessment as of medium risk of reoffending, I do not regard your prospects of rehabilitation as hopeless and, in fact, while they must be qualified, I accept that there are some positive signs now that you have some real prospects of achieving rehabilitation on your release from prison.

47Although it is recognised that no sentence other than one of imprisonment is appropriate to meet sentencing considerations in your case, owing to the nature of the principal charge, I am urged on your behalf to construct that sentence so that you have a term of imprisonment followed by a Community Corrections Order, particularly to address therapeutic needs of your long-term drug addiction.  That would be instead of setting a minimum term before parole.  That is only possible if the sentence I impose totals less than two years' imprisonment.

48The prosecution did not challenge that a sentence involving a term of imprisonment followed by a community corrections order would fall within an appropriate range of sentences in this case, but did submit that you should spend more time in detention than has been spent to date. Nor did it dispute that it was appropriate to take into account that some of that period on remand has been served in more onerous conditions than the usual, and it did not challenge that, despite your age and prior history, your rehabilitation should not be ignored as ultimately being in the public interest.

49Taking all of these matters into account, I am satisfied that no sentence other than one including some immediate imprisonment is appropriate to reflect the seriousness of the principal offence and sentencing factors of general and specific deterrence and denunciation of offending of that nature.  However, I find that your prospects of rehabilitation, although given your history must be regarded as guarded, should be given some weight.  For that reason I have, as I had indicated earlier, decided to structure a sentence which will include imprisonment to be followed, on your release, by a Community Corrections Order.

50Will you stand up now, please, Mr Cunanan.

51Junar Cunanan, on the charge of trafficking a commercial quantity of methylamphetamine, you are convicted and sentenced to 18 months' imprisonment to be followed by a Community Corrections Order to last for two years, with conditions that you attend, as directed, for assessment and treatment for drug addiction and for programs to reduce the risk of reoffending, and that you be subject to supervision.

52On the summary charge of dealing with property suspected of being the proceeds of crime, you are convicted and sentenced to two months' imprisonment which will be served concurrently with the sentence imposed on Charge 1 on the indictment.

53On the remaining summary charges, namely unlicensed driving, driving an unregistered vehicle, displaying false plates, possessing prohibited weapons (that is, the knives), unlicensed possession of the cartridge ammunition, and unlicensed possession of a carpet snake, you are convicted and sentenced to an aggregate sentence of a Community Corrections Order to last for six months with the sole condition that you perform 50 hours of unpaid community work. 

54Now both that CCO and the one that follows your term of imprisonment for the principal charge are also subject to all of the usual terms of a community corrections order.  I know they have recently been explained to you, but I must again repeat them, although briefly.

55They are: First, that you will be required to report within two clear working days after your release from prison to the nearest Community Corrections Office to where you will be living.  I am told that is likely to be Werribee Community Corrections Office. You must notify any change of address of where you are living or working within two clear working days of that occurring; you must not leave Victoria without prior permission of Community Corrections officers; you must obey all lawful instructions from and submit to visits from Community Corrections officers. And most importantly, while you are on Community Corrections Orders, you must not commit any further offences. 

56If you fail to comply with either Community Corrections Order, either by not fulfilling the terms and conditions, or by further offending, you can expect to be brought back to this court on a contravention hearing.  A contravention of a community corrections order is itself an offence and could attract a penalty in itself. But further, depending on the circumstances, you might find the court varying the terms of the Community Corrections Order either by extending it or adding to the amount of conditions, such as unpaid community work, or cancelling it and you could be re-sentenced for the relevant offences to which it applies.

57The two Community Corrections Orders will operate concurrently in time, but the unpaid community work is on the second one and so it is additional to the therapeutic conditions that I am imposing on the one to follow your release from prison.  It may well be that although I have made it for two years, whilst supervision will continue, it may be that if you do well enough on that, Community Corrections officers do not require much ongoing supervision or ongoing attendance at any particular programs for all of that two years, but I have extended it to two years after your release from prison to leave a degree of supervision in place so that you know you have got to report in, and as an effort to try to discipline you into sticking to any resolutions you have to refrain from relapsing into drug abuse or further offending. 

58Now do you understand the conditions and terms of the Community Corrections Orders?

59OFFENDER:  Yes.

60HER HONOUR:  All right.  Do you agree to comply with them?

61OFFENDER:  Yep.

62HER HONOUR:  I declare that 377 days of pre-sentence detention for these charges, not including today, be reckoned served of this sentence, that is the sentence - sorry, I will go back a step.  I have not said that the total effective sentence imposed is 18 months' imprisonment followed by a two year community corrections order.

63I declare that 377 days of pre-sentence detention for these charges, or for some of these charges, not including today, be reckoned served from that total sentence.  I direct that that be recorded in the court records, and those days will be deducted administratively.

64I am required to state for the purposes of s.6AAA of the Sentencing Act what the sentences would have been if you had not pleaded guilty but been found guilty of each of these charges after trial.  That is not only artificial in this case, but complicated because not all of the summary charges attract a term of imprisonment.  Nevertheless, I state that on the principal charge, that is, the charge on the indictment of trafficking in a commercial quantity of methamphetamine, I would have imposed a term of imprisonment of three years and nine months.

65On Summary Charges 3, 4, 5, 6 and 8, I would, because they were all discovered on the same date, have imposed an aggregate term of imprisonment of six months which, with cumulation of three months, would have led to a total effective sentence of four years' imprisonment.  I would have set a non-parole period of two years and nine months. 

66On Charge 7 I would have imposed a fine of $150 - that is, possession of the cartridge ammunition; and on Charge 10 of driving an unregistered motorcycle, I would have imposed a fine of $400, and both of those fines would have been with conviction.

67Finally, I make a forfeiture order in relation to the total of $2,520 cash, and I make a disposal order for the remaining drugs, other items seized and the casino chip, all found in the course of the search at your Parkville flat.

68You can take a seat, Mr Cunanan, while I check with both sides’ counsel that I have covered everything and that the arithmetic adds up.

69MS HOSKING:  Yes, Your Honour.

70MR PATTON:  I agree with that, Your Honour.

71HER HONOUR:  All right.  That means the order will have to be produced and the Community Corrections Orders signed, even though they do not come into force until the release from prison.  As I say, there are two.  I structured it that way to cope with the fact that some of the charges did not carry imprisonment.  My assiduous associate wondered if I wanted anything on the community corrections order to anticipate it to commence after release from custody and some reference to what might be restored by a Magistrates' Court.  I think it is best I not say anything about that.  The orders will be expressed to commence upon completion of imprisonment/detention term, which is how it comes out in the order.  Do both sides agree with that?

72MR HOSKING:  Yes, Your Honour, I agree with that.

73MR PATTON:  I think that's appropriate, Your Honour.

74HER HONOUR:  So there were seven summary charges. I am just trying to check that I have accounted for everything.  On the possess proceeds of crime, or deal with proceeds of crime, I have imposed a separate term of imprisonment, although concurrent with the principal charge, and the other six all come into the second CCO as an aggregate.

75I will hand down those two CCOs for both sides to check.  There is a notation just to make it clear - I have done this on a couple of previous matters - that the shorter community corrections order is concurrent with the longer one.

76MS HOSKING:  Thank you, Your Honour.

77MR PATTON:  Thank you, Your Honour.

78MS HOSKING:  They've been checked, thank you, Your Honour.

79HER HONOUR:  All right.  In a moment I will have my associate take them to Mr Cunanan to sign.

80Mr Cunanan, there are two Community Corrections Orders you are asked to sign.  Your counsel has checked them, but I suggest you read them yourself to know what it is you are signing.  You will get copies to take away with you.

81Just to explain, they both commence after you are released from prison.  One is for two years and requires you to undergo assessment and treatment, as directed, for drug abuse, which may include testing, and also any programs recommended to reduce the risk of you reoffending and to stay under supervision of Community Corrections officers.  The other one is for 6 months and the only extra condition attached is the 50 hours of unpaid community work. 

82(Community Corrections Orders signed and acknowledged.)

83These things are always complicated, especially this time of the afternoon.

84The address of 43/238 The Avenue, Parkville is in the system and comes up as the address, although I think it was anticipated he would be living ‑ ‑ ‑

85MR PATTON:  Residing with his mother and stepfather.

86HER HONOUR:  ‑ ‑ ‑ I suppose, with is mother and stepfather.

87MR PATTON:  Yes.

88HER HONOUR:  And the closest Community Corrections Office would be Werribee.

89MR PATTON: Yes.

90HER HONOUR:  I normally would have that changed, but at this hour of day I think it has got to go through - be done at Registry, doesn't it?  Apparently Mr Cunanan has told my associate that that is the correct address, but he is not going to be returning to Parkville when he comes out of prison.

91MR PATTON  No, he won't, Your Honour.  He's indicated during the course of the plea it was the - my client will be residing with his mother and stepfather on his release from prison.

92HER HONOUR:  And that's Ascot Vale, I think.  No?  No, sorry.  No, it's not. 

93MR PATTON:  If I could perhaps just seek some instructions.

94HER HONOUR:  Yes, sorry, Altona Meadows.

95MR PATTON:  Yes.

96HER HONOUR:  I had the "A" on my brain.  Sorry. Altona Meadows, but do we know the actual address?  Could you perhaps find out?

97MR PATTON:  I can just clarify from my client's mother.

98HER HONOUR:  Yes.

99MR PATTON:  Thank you, Your Honour.  It's Unit 2, 1 Eucalypt Court, Altona Meadows, 3028.

100HER HONOUR:  Sorry, I am just trying to get the order checked so that I can sign it.

101MR PATTON:  Yes, Your Honour.

102HER HONOUR:  But given the time of day and that it has to be signed before Mr Cunanan can be removed from the court building, I just want to get it done before I leave the Bench, and also we will have to have the CCOs re-signed with the correct address.

103MR PATTON:  Yes, Your Honour.

104MS HOSKING:  Thank you, Your Honour.

105HER HONOUR: It is my view I do not have to direct concurrency of the prison term, because the Sentencing Act operates that way. I have said the total effective sentence is one year six months' imprisonment.

106MR PATTON:  Yes.

107MS HOSKING:  Yes.

108HER HONOUR:  The only change, Mr Cunanan, should be in your address. 

109(Community Corrections Orders re-signed.)

110I am now signing both of those Community Corrections Orders and copies will be provided to both sides.  I am not sure, maybe Mr Cunanan will want a copy with him. 

111MR PATTON:  Yes, Your Honour, perhaps I could get a second copy.

112HER HONOUR:  Yes.

113MR PATTON:  I'll attend my client in the cells and I'll try and leave a copy in his property.

114HER HONOUR:  Yes, all right.  Also, I have signed the court orders so that that will enable him to be taken from the building reasonably promptly, and I have signed the disposal and forfeiture orders.

115MS HOSKING:  Thank you, Your Honour.

116MR PATTON:  If Your Honour pleases.

117HER HONOUR:  There's a copy for each side of those.  Mr Patton, you're going to see your client before he's taken from the building, are you?

118MR PATTON:  Yes.  Yes, I will, Your Honour, I'll go straight down now.

119HER HONOUR:  All right, then we can leave these copies to give to you, and Mr Cunanan can be taken from the court.  Thank you.

120MR PATTON:  Thank you, Your Honour.

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