Director of Public Prosecutions v Dalby
[2019] VCC 904
•19 June 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-00825
CR-18-00826
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRETT DALBY and CALLAM MICHAEL MUELLER |
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JUDGE: | HER HONOUR JUDGE DAVIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 May 2019 | |
DATE OF SENTENCE: | 19 June 2019 | |
CASE MAY BE CITED AS: | DPP v Dalby & Anor | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 904 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Reckless Cause Injury – Commit Indictable Offence Whilst on Bail
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Bugmy v The Queen [2013] HCA 37
Sentence: For the Accused B Dalby: Imprisonment for a period of three years and two months with a non-parole period of two years and two months
For the Accused C Mueller: Imprisonment for a period of two years and eight months with a non-parole period of one year and 10 months
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr J Siggins | Office of Public Prosecutions |
| For the Accused (B Dalby) For the Accused (C Mueller) | Mr M Cenacci Ms L Dubroja | Leanne Warren & Associates Slades & Parsons Solicitors |
HER HONOUR:
1 Brett Dalby and Callum Michael Mueller, you have each pleaded guilty to one charge of reckless cause injury, the maximum penalty for which is 5 years' imprisonment. You have each also consented to the uplifting of a summary charge of commit an indictable offence on bail for and have pleaded guilty to that offence. The maximum penalty for this offence is 30 penalty units or 3 months’ imprisonment. You, Mr Dalby, have also consented to the uplifting a further summary charge, that of contravene certain conduct conditions of bail, and have pleaded guilty to that charge. The maximum penalty for that charge is 30 penalty units or 3 months’ imprisonment.
Circumstances of offending
2 The circumstances of your offending are set out in full in the agreed Summary of Prosecution Opening that was tendered on the Plea, and I sentence you on the basis of the facts set out in that document. I summarise those briefly here.
3 On 20 July 2017, the victim, Peter Hill, aged 60, was at home with a number of other people, including an associate, Craig Strauss. Mr Strauss was owed money by Allana Byrnes, who was your girlfriend, Mr Dalby. The victim had your contact details, Mr Dalby, on his mobile phone. The victim had allowed Mr Strauss to used his phone to speak to you, Mr Dalby, a few days before the offending. On the day of the offending, he again rang you, Mr Dalby, on the victim’s phone, looking for Ms Byrnes.
4 During the afternoon of the offending, you Mr Dalby and Mr Strauss exchanged text messages via the victim’s phone. Later that evening, you and Mr Mueller attended at the victim’s apartment and knocked on the door. The door was opened, and you both entered the apartment. Mr Strauss said to you, Mr Dalby, that you looked angry. You Mr Dalby enquired whether it was Mr Strauss or the victim who had been sending you text messages and the victim confirmed that he had done so.
5 The offending is set out in the summary as follows:
[9] HILL said it was he who had sent the messages. DALBY said “Where’s the fucking dope?” and HILL said there was none.
[10] An argument then ensued and shortly thereafter the argument turned physical after HILL grabbed DALBY and dragged him by the front of the jacket with both hands.
[11] At some point during the altercation a hammer was obtained and HILL and DALBY begin to wrestle over control of the hammer.
[12] At the same time that HILL and DALBY were wrestling over the hammer, MUELLER grabbed a knife and threatened HILL.
[13] DALBY then seized control of the hammer and struck HILL over the head with the hammer with the result that the claw end of the hammer became lodged in HILL’s head.
[14] HILL has collapsed from the blow to his head and MUELLER had been observed to be standing at the door holding the knife when he shouted “the hammer’s stuck in his head!”
[15] DALBY and MUELLER then left the premises.
6 Police were called and attended the premises in the early hours of 21 July 2017. An ambulance arrived shortly after and the victim was taken to the Alfred Hospital with the hammer lodged in his head.
7 The victim’s injury consisted of a penetrating trauma to the head piercing the full thickness of the scalp, skull bone and membrane covering the brain. The victim required surgery to remove the hammer as well as opening of the skull bone and removal of bone fragments.
8 I note that the Crown alleges complicity in that you both travelled together to the victim’s residence, were both involved in the altercation and left together after the injury was caused. On this basis, it is submitted that you were equally responsible for the injury.
Procedural history
9 On 28 July 2017, you, Mr Dalby, were arrested and gave a “no comment” record of interview after which time you were charged with the offences of aggravated burglary and intentionally cause serious injury. You were then remanded into custody. Not including today, you have spent 587 days in custody. You pleaded guilty to the current, lesser charges, on the third day of the trial, that is 6 March 2019.
10 On 8 August 2017, you, Mr Mueller, gave a “no comment” record of interview but were released pending further enquiries. You were arrested, charged with the offences of aggravated burglary and intentionally cause serious injury, and remanded into custody on 27 December 2017. You also pleaded guilty to the current lesser charges, on day three of the trial, that is 6 March 2019. Not including today, you have spent 354 days in custody.
11 It appears to be common ground that the first chance each of you had to plead to the lesser charges was during the trial.
12 I also note that the prosecution has sought a disposal order for various items used by each of you in the course of offending. Those orders are by consent and I will make them shortly.
13 Finally, I note that the victim was unavailable at the committal hearing due to unrelated illness and subsequently died of that illness prior to your trial.
Sentencing considerations
14 The basic purposes for which a court may impose a sentence are denunciation, punishment, specific and general deterrence, protection of the community and rehabilitation. In sentencing you both, I must have regard to a range of factors, such as the seriousness of the offences, your culpability for them, your personal circumstances and current sentencing practice. I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, offenders are rehabilitated and reintegrated into society. I will return to these matters when sentencing each of you.
Brett Dalby
15 I turn first to your plea, Mr Dalby.
Personal circumstances
16 Your personal circumstances were outlined by your counsel and set out in the psychiatric report of Dr Nina Zimmerman dated 26 April 2019.
17 You are 42 years old and were 39 years old at the time of offending. You grew up in Melbourne. You have one older brother with whom you are on good terms. Your parents separated when you were about five years old. Your father was a heavy drinker. You maintained intermittent contact with him until he died twelve years ago. You clashed with a number of your mother’s partners but formed a good relationship with your stepfather. You started drinking alcohol and using cannabis aged 12. By age 15 you were drinking heavily and using heroin. A year later you began injecting amphetamines. At school, you struggled with reading and writing, You moved to a technical college but left before completing Year 11. By then you had started offending. You then lived on the streets on and off and worked in a variety of unskilled jobs including as a steel fabricator and landscaper.
18 You maintained an “on and off” relationship with a woman whom you had met in secondary school and your son, who in now 19 years old, was born when you were about 23 years old. He was brought up by his mother, with whom you no longer have contact. Prior to your arrest for the current offending you saw him regularly. You are now too ashamed to see him.
19 It appears that you were diagnosed with schizophrenia in around 2011 and had a number of psychiatric admissions which were attributed to your non-compliance with anti-psychotic medication. You have been case managed in the community as an involuntary patient since then. You have been on the Disability Support Pension for the past two years.
20 For about 18 months before the current offending, you had been living in a government housing unit. Since being arrested, you have had to give up this unit. You plan to live with your mother until you can find a place of your own again.
21 Dr Zimmerman agreed that you meet the criteria for the diagnosis of paranoid schizophrenia as well as chronic polysubstance abuse and dependence However, she considered that at the time of assessment, your conditions were in complete remission, as you were compliant with monthly injections of antipsychotic medication, had not been taking illicit drugs and have managed your craving for opiates by taking methadone.
22 Dr Zimmerman reviewed your clinical notes and found that you were taking your antipsychotic medication in the months prior to the offending. She noted that when you had been reviewed psychiatrically on 26 July 2017, you had been found to be “extremely well”. You told her you were using methamphetamines and heroin daily in the months before the offending. She concluded that you were not psychotic at the time of the offending but that your use of methamphetamines at the time likely affected your ability to contain impulses, contemplate consequences and make reasoned judgments.
23 She noted that you expressed regret and remorse for your offending and for the harm caused to your victim. You told her you did not go to the victim’s place wanting to hurt anyone. She noted that you recognised you need long-term drug and alcohol counselling to avoid relapsing into drug use.
24 You have used your time in prison to undertake a number of programs: a “changing tracks” program; a “stop and go” program for a possible road works job as well as a drug rehabilitation program. You hold a job emptying garbage bins which, although the lowest paid job, provides you with some routine and keeps you busy. After sentencing, you will be able to take part in anger management and offending programs. You told your counsel that during your time on remand you have felt in constant fear of others and have kept to yourself.
25 You have a substantial prior criminal history. During your late teens and early twenties, you committed mainly drug and dishonesty offences for which you served various terms of imprisonment between 1997 and 2003. Relevantly, in August 2003 you were sentenced to three years imprisonment with a non-parole period of 2 years for attempted armed robbery. Then on 16 February 2004 you were sentenced to 6 months imprisonment for recklessly cause injury. On 3 June 2005 you were sentenced to 5 years imprisonment and a new non-parole period of 4 years and 6 months for intentionally cause serious injury. The next conviction was recorded in December 2015. There was little information before me concerning your accommodation or personal circumstances after your release from prison until you were sentenced in December 2015 to 9 months’ imprisonment and a 9-month Community Correction Order for a serious of drug, dishonesty and driving offences, as well as the offences of resisting an emergency worker on duty. I note that you told Dr Zimmerman that you did not offend over a 7 year period when you were not abusing drugs as heavily and had some work.
26 On 29 January 2016 you were convicted of assaulting a police officer and the court ordered you to comply with the Community Correction Order already in force .
27 Dr Zimmerman noted that while in prison you cannot be treated involuntarily with your depot medication. It will be necessary for prison psychiatric services to monitor your compliance with that medication and to act promptly if you refuse that medication and show symptoms of a relapse, as you may need to be transferred to Thomas Embling Hospital for further involuntary treatment.
Plea submissions
28 Your counsel conceded that, viewed objectively, your offending was very serious, particularly in terms of the injury inflicted. However, he submitted that it was not the most serious example of this kind of offending because the victim initiated physical contact with you by grabbing you by the jacket.
29 It was conceded that an aggravating feature of your offending was that it was committed whilst you were on bail, and involved conduct which contravened your conditions of bail. It was also conceded that your criminal history of relevant offending elevates the seriousness of your offending on this occasion.
30 Your counsel relied on your plea of guilty and your expression of remorse to Dr Zimmerman. It was submitted that in all the circumstances, the appropriate disposition was one of term of imprisonment with a Community Correction Order.
31 On 16 May 2019, you were assessed by Corrections Victoria as suitable to undergo a Community Correction Order.
Prosecution submissions
32 The prosecution submitted that your offending is the most serious example of offending of this type. It was a graphic assault of the worst kind committed with a weapon against a victim in his own home. It was submitted that you bear high moral culpability for your offending, as you were not suffering any symptoms of schizophrenia, but, rather, had been abusing drugs. Moreover, you were 39 years old, had once yourself been assaulted with a hammer, and had many years earlier spent five or six years in prison for violent offending. Moreover, the offending was committed while you were on bail in relation to other matters. It was conceded that you may not have intended violence to occur on the night, but that the result of your conduct was extraordinarily severe. In addition, you left the scene without seeing whether the victim was alive or dead, without getting help for him and without later asking after him, and without expressing any remorse until you were assessed by Dr Zimmerman in 2017. In all the circumstances, it was submitted, the principles of denunciation, just punishment, specific and general deterrence and protection of the community, could not be satisfied by the imposition of a combination sentence but required the imposition of a substantial term of imprisonment.
Analysis and conclusions
33 Viewed objectively, your offending is a very serious example of this type of offence. I accept, from the elements of the charge pleaded to, that you did not attend the victim’s house that night intending to cause him injury. However, you attended that night in company, when drug affected. In response to being grabbled by the jacket and dragged by the front of the jacket with both arms, your response was to produce a hammer, and, after your co-accused produced a knife and threatened the victim, you were able to seize control of the hammer but then hit him so hard on the head with the hammer that it penetrated his scalp, skull bone and membrane covering his brain. You left him with the hammer embedded in his skull, without seeing whether he was alive or dead, without fetching medical assistance for him and fled. In the aftermath of the incident, you did not ask after his welfare nor express any remorse for your actions. Surgery was required to remove the hammer and the bone fragments from the victim’s skull and brain. It is an aggravating feature of the offending that it occurred while you were on bail.
34 You are entitled to a discount for the utilitarian value of your plea, which was made on the third day of the trial, and I note that you expressed remorse to Dr Zimmerman when she assessed you in April this year.
35 I am satisfied that your psychiatric condition is stable in prison at the present because you are taking your antipsychotic medication. You are also managing any drug cravings by taking Methadone. I accept that you are fearful in prison and keep to yourself. I accept that you have had limited access to programs but have still undertaken some programs while working taking out rubbish. I note that your history of relevant offending occurred prior to 2010, when you were much younger and perhaps not stable psychologically, and I accept that, on the information available to me, it appears as though there was a four to five year period during which you did not offend, because you were stable on antipsychotic medication and able to work. However, the earlier relevant offending was of a serious nature. Moreover, in 2015 and 2016 you were convicted among other things, of resisting an emergency worker on duty and assault police officer.
36 On the material before me, therefore, it is difficult to be anything but guarded about your prospects of rehabilitation. The challenge you will face upon release will be to stay off drugs and try to build a stable life with some work activity.
37 Your offending conduct is to be denounced as deplorable, and, given your relevant past offending, and the fact that the offending occurred while you were on bail, general and specific deterrence, denunciation, just punishment and protection of the community are the principal sentencing considerations.
38 For the above reasons, I consider that the gravity of your offending requires the imposition of a substantial period of imprisonment, the length of which precludes a combination sentence.
Sentence
39 Would you please stand, Mr Dalby.
40 Brett Dalby, on charge 1, reckless cause injury, you are sentenced to three years and two months’ imprisonment. I fix a non-parole period of 2 years and 2 months.
41 On summary charge 7, commit an indictable offence whilst on bail, I note that this is your second conviction for such an offence; the other being on 8 December 2015. On summary charge 7, you are sentenced to 2 months’ imprisonment.
42 On summary charge 8, contravene certain conduct conditions of bail, I find the charge proven and make no orders.
43 The total effective sentence is one of three years and two months’ imprisonment, with a non-parole period of two years and two months.
44 I declare you have served 587 days’ pre-sentence detention, not including today, and I direct that these be entered into the court records and deducted administratively from the sentence imposed today.
45 I indicate that, pursuant to s 6AAA of the Sentencing Act, that, but for your plea of guilty, I would have imposed a sentence of four years and three months’ imprisonment with a non-parole period of two years and 10 months.
Callum Michael Mueller
Personal circumstances
46 Your personal circumstances, Mr Mueller, are detailed in the psychological report of Dr Linda Borg dated 9 May 2019. You are now 29 years old. Your parents separated when you were quite young. You resided with your mother who abused alcohol and heroin, abused you and neglected you. At age 4, you saw your mother drown in the bath - you tried to drag her head out of the water but it was too late. You then went to live with your father but were not able to properly settle down after your mother died.
47 You attended primary school and repeated grade prep, had behavioural problems, were expelled and completed your primary schooling elsewhere. You attended secondary school and completed Year 7 but were expelled during Year 8 and did not return to your education.
48 At age 13, you were taken into the care of DHHS. Around this time, you commenced using illicit substances including inhalants, cannabis, heroin, methamphetamine and hallucinogens. The only periods when you were not abusing drugs occurred when you were in prison.
49 You attempted suicide three times and were treated for drug overdoses in 2008 and 2014. However, you told Dr Borg that you had never received any formal mental health diagnoses.
50 When assessed by Carla Lechner in 2013 in relation to other offences, Ms Lechner noted that your offending occurred when you were substance affected, but that you had “no real sense of identity separate to being substance affected”, and have learned to block out negative feelings with substance abuse. She noted that you behaved better when mentored by the same male teacher between years 3 and 6. She conducted an abbreviated test and found that you scored as being a person of low average intelligence. She considered that your personality development was stunted by the trauma your early years, that disrupted attachment has affected the development of your self-image and capacity to form relationships, and that you find it hard to establish and maintain close and trusting interpersonal connections.
51 Dr Borg conducted a full assessment and also found you overall to be of low average intelligence. She considered that your exposure to childhood trauma and subsequent onset of polysubstance abuse in early adolescence resulted in a suboptimal learning environment and that your cognitive and emotional development has been arrested, such that you are emotionally detached, have disorganised thought processes and very limited emotional coping mechanisms. She considered that you have not realised your full learning potential.
52 Dr Borg felt that your cognitive limitations – attentional deficiency and disorganised thought processes – alone were unlikely to have contributed to your offending. She considered that the primary contributor to your offending was acute drug intoxication, and a desire to support your addiction, which leads to poor judgment and decision making. Dr Borg considered that your cognitive inefficiencies would be assisted by the structured prison environment. However, she noted that while you present as apathetic and emotionally detached, behind this lies emotional dysfunction which requires psychological intervention. She recommended ongoing psychiatric monitoring in prison.
53 Dr Borg noted that you expressed remorse to her for your offending, that you told her you think of it every night and your heart rate goes up and you try to push it away, and that you feel bad for the victim.
54 As for your prospects for rehabilitation, Dr Borg made a number of recommendations. First, that you receive intensive psychological counselling to address the issues of unresolved grief, loss and guilt as well as building emotional coping mechanisms. Second, that you receive drug rehabilitation upon your release. Third, that you receive some training and engagement with an employment agency to help you find work. Fourth, that you get involved with some peer groups to find some positive role models. She concluded that adopting these recommendations would reduce your risk of reoffending.
55 You have a very limited work history, with only short periods of employment in bricklaying. You have limited support outside of the custodial setting apart from your father and you associate mainly with other long-term drug users.
56 You have an extensive criminal history as an adolescent and as an adult which largely consists of drug, dishonesty and driving offences. Relevantly, you were convicted in 2013 for assault with a weapon, among other offending. In 2016 you were convicted of committing an indictable offence on bail, of aggravated burglary (person present) and of assault with a weapon. As an adult, you have received 5 sentences, the longest of which was 18 months with a non-parole period of 12 months in 2013. I note that the time you have spent thus far on remand is the longest period you have served in prison.
Plea submissions
57 In her submissions, your counsel conceded the gravity of your offending and that a term of imprisonment was called for. However, it was emphasised that the charge arose out of a short lived course of conduct; that your involvement was spontaneous and began after the victim and Mr Dalby began struggling; that the knife was obtained during that struggle; and that it was not used to directly cause the victim’s injury. In addition, you told police that you did not go to the victim’s home intending to harm him and that no-one was supposed to get hurt.
58 In mitigation, your counsel relied on your plea of guilty, which has saved court time and resources, and which indicate acceptance of responsibility, as well as on your expression of remorse to Dr Borg. In relation to your plea of guilty, your counsel emphasised that you pleaded guilty at the first opportunity during the course of the trial but that, had the same offer been made at the committal stage, you would have pleaded then and faced a maximum penalty of 2 years’ imprisonment.
59 In addition, she relied on the deprivation, abuse and social disadvantage you suffered during your formative years[1] and submitted that your moral culpability for the offending was reduced. She pointed out that once you turned 18 and ceased to be a ward of the State, you have not had stable accommodation until you were remanded in December 2017. While outside of custody, you have only had the support of your father. Much of the time outside custody you have socialised with other long term drug users.
[1]Bugmy v The Queen [2013] HCA 37.
60 For this reason, she submitted that the principles of denunciation and general deterrence should carry less weight in your sentence.
61 She submitted that your prospects of rehabilitation are reasonable because at 29 you are still a relatively young man; you have insight into your offending behaviour; you have the support of your father and can live with him and work for him on his farm in Heatherton when released; and because you have begun your rehabilitation in prison by being abstinent and participating in courses.as well as working.
62 In relation to your activities on remand at Marganeet, you have completed two certificates in Kitchen Operations as well as a number of courses: a 12-hour drug and alcohol course; 12 of 24 hours of another drug/alcohol course; a 6-hour ice effects course; a 6 hour management of loss course. You have been working on tools in the garden, and are trusted to move around the facility. Your counsel also tendered a negative urine screen dated 20 February 2018.
63 In relation to parity, she submitted that you played a lesser role in the offending than Mr Dalby.
64 In relation to disposition, she submitted that the appropriate sentence was one of a combination sentence of a term of imprisonment and a Community Correction Order with a focus on drug, alcohol and mental health treatment. She submitted that time served would satisfy the principle of just punishment and that an appropriately framed Community Correction Order would address the risk of reoffending.
Prosecution submissions
65 The prosecution submitted that your offending is at the highest level of seriousness for this kind of offence. You attended the premises with Mr Dalby, were involved in the altercation and left with him after the injury was caused. You picked up a knife and threatened the victim while he was struggling with Mr Dalby over the hammer and this act played a role in enabling Mr Darby to seize control of the hammer and trike the victim on the head. You also left the premises without seeing if the victim was alive or dead and did not ask after him. You are equally responsible for the injury inflicted on the victim.
66 In relation to your prospects of rehabilitation, the prosecution submitted that not much weight could be attached to your father’s offer of accommodation and work and the courses you have undertaken in custody because of your long offending history in the context of drug abuse, your psychological profile, and your previous contravention of a Community Correction Order through further offending in 2016.
67 In all the circumstances, it was submitted that a combination sentence was not open.
Assessment by Corrections Victoria
68 I note that on 16 May 2019 you were assessed as suitable to undergo a Community Correction Order with recommended conditions including: supervision, drug, alcohol and mental health treatment and rehabilitation, programs to reduce reoffending as well as judicial monitoring and a non-association condition. You told the assessor that you were “terrified” at the time of offending but feel your sentence is unjust as you did not commit the violent act. The assessor noted your comments that 90% of your friends are involved in drugs and you feel you cannot avoid being in contact with anti-social companions. Despite this, you were able to demonstrate some insight into the link that drug use has played in your offending and you expressed a strong desire not to return to prison.
Analysis and conclusions
69 I consider that your offending, Mr Mueller, is also very serious. You went to the victim’s home with Mr Dalby, participated in the unfolding of the incident by picking up a knife and threatening the victim while he was wrestling Mr Dalby for control of the hammer held by Mr Dalby, and you left with Mr Dalby when the victim was lying on the floor with the hammer embedded in his skull. I accept, however, that you played a slightly lesser role in the incident than Mr Dalby. It is an aggravating feature of your offending that it was committed when you were on bail.
70 I accept the matters put on your behalf by your counsel. Your plea of guilty has utilitarian value in saving the court time and resources. In addition, you have expressed fulsome remorse to Dr Borg.
71 You have a substantial criminal history. However, it does not contain prior convictions for this type of offence.
72 On the material before me, given your entrenched history of drug abuse, offending and difficult background, it is difficult to express optimism or confidence in your prospects for rehabilitation. However I acknowledge that you have made substantial efforts on remand to work and to attend programs that may assist in putting you on the right track upon your release..
73 I place some weight on your relatively young age. I acknowledge that you have suffered a background of extensive deprivation, abuse and social disadvantage during your formative years and I consider that your moral culpability for your offending is reduced. For this reason, the sentencing principles of denunciation and general deterrence play less of a role in sentencing you than in sentencing other offenders.
74 On the issue of parity, I consider that your sentence should be less than that of Mr Dalby for a number of reasons. You are younger than him. You, have had a terribly disadvantaged background. Your prior offending, while extensive, does not contain a similar offence. You played a slightly lesser role in the incident than Mr Dalby.
Sentence
75 In all the circumstances, I consider it appropriate to impose the following sentence. Would you please stand, Mr Mueller.
76 Callum Michael Mueller, on charge 1, reckless cause injury you are sentenced to two years and eight months’ imprisonment. I fix a non a non-parole period of one year and 10 months.
77 On summary charge 7, commit an indictable offence whilst on bail, I note that you have two prior convictions for this offence, and you are sentenced to two months’ imprisonment.
78 The total effective sentence is therefore one of two years and eight months’ imprisonment with a non-parole period of one year and ten months.
79 I declare 354 days pre-sentence detention, not including today, and I direct that these be entered into the court records and deducted administratively from the sentence imposed today.
80 I indicate, pursuant to s 6AAA of the Sentencing Act, that but for you plea of guilty, I would have sentenced you to a term of imprisonment of three years and six months with a non-parole period of two years and five months.
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