Director of Public Prosecutions v Daly
[2023] VCC 326
•7 March 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-22-00140
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DESTINY DALY |
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JUDGE: | Her Honour Judge Leighfield | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 February 2023 | |
DATE OF SENTENCE: | 7 March 2023 | |
CASE MAY BE CITED AS: | DPP v Daly | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 326 | |
REASONS FOR SENTENCE
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Subject:Criminal Law
Catchwords: Aggravated burglary – common assault – commit indictable offence whilst on bail – drive whilst authorisation suspended – plea of guilty – extra-curial punishment – reasonable prospects of rehabilitation
Cases Cited:Boulton v R (2014) 46 VR 308; Jiang v The Queen [2019] VSCA 126; R v Barci and Asling (1994) 76 A Crim R 103
Sentence: Convicted and sentenced to a Community Correction Order of two years, with 350 hours unpaid community work, supervision and treatment
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms V. Worrell | Office of Public Prosecutions |
| For the Accused | Mr P. Pathmaraj | Chris McLennan & Co |
HER HONOUR:
Background
1Destiny Daly, you have pleaded guilty to an indictment containing one charge of aggravated burglary with intent to assault (Charge 1) which carries a maximum penalty of 25 years’ imprisonment, and one charge of common law assault (Charge 2) which carries a maximum penalty of five years' imprisonment.
2You have also consented to this court hearing, and pleaded guilty to two related summary offences being one charge of committing an indictable offence whilst on bail (related summary Charge 3), and one charge of driving a motor vehicle whilst authorisation is suspended (related summary Charge 4). The maximum penalty for committing an indictable offence whilst on bail is three months' imprisonment or 30 penalty units, and for driving whilst authorisation is suspended is two years' imprisonment or 240 penalty units.
3These offences arise from an incident which occurred on 4 June 2021. You were 25 years of age at the time of the offending.
Circumstances of the Offending
4The full circumstances of the offending are set out in the summary of prosecution opening dated 3 February 2023 which was tendered as Exhibit A on the plea.
5However, in shorter compass, at approximately 5 pm on 17 May 2021 you attended at Westend Cellars in Glenroy. You selected a four pack of cans and two bottles, but became angry, and returned them to the fridge after being told by the owner and victim in this matter, Liya Zuo, that only the cans were sold as six packs. You approached Mr Zuo and verbally threatened him before leaving the store.
6You again attended the store on 22 May 2022 at about 8 pm. You stood by the entrance to the door and started waving your hand near the entry sensor. You walked away before coming back and doing the same thing. You then left a short time later.
7On 4 June 2021 at approximately 7.30 pm, your partner – Molly King – and your house mate – Jordan Jobling – attended at Westend Cellars. Ms King entered into a verbal altercation with Mr Zuo, who told her he would not serve her because she was too rude and asked her to leave the shop. Ms King pushed a lucky cat which was displayed on the counter onto the ground, and Mr Zuo, who was becoming angry, said 'bitch' to Ms King. Ms King and Mr Jobling both walked out of the store and were driven away in a white Toyota.
8At approximately 7.40 pm you entered Westend Cellars with an intent to assault Mr Zuo (Charge 1 – aggravated burglary). You began to look at the spirits which were located beside the counter and then went behind the counter and started to attack Mr Zuo from behind. You held on to Mr Zuo's jacket and punched him in the head more than ten times. Mr Zuo managed to get out of his jacket but you continued to assault him (Charge 2 – common assault). Mr Zuo then picked up a knife which he had left under the counter for cutting fruit. He intended to scare you with the knife but you had hold of him and were trying to grab the knife out of his hands. He started to wave the knife around in a stabbing motion to keep you away from him and to stop you from punching him. You tried to come at Mr Zuo again but he continued to wave the knife around and you backed away and you then left the store.
9During the assault Mr Zuo had stabbed you in the stomach causing a large slash wound to the lower abdomen which severed your intestines and bowel. He also cut your thumb with the knife resulting in your thumb being 99% amputated. Upon leaving the store, you got into that same white Toyota which Ms King and Mr Jobling had left the scene in earlier and you managed to drive yourself home. You made it to the front door where Mr Jobling and Ms King found you. Upon discovering your injuries Mr Jobling and Ms King called Triple 0. Police and ambulance attended and you were taken to hospital where you were assessed as being in a serious, unstable condition, but with a good chance of survival. You remained in hospital for several days thereafter.
10At the time of committing these offences you were on bail for unrelated offences (related summary Charge 3 – commit indictable offence whilst on bail). Additionally, your licence had been suspended on 13 May 2021 due to exceeding demerit points and accordingly you drove whilst your authorisation to do so was suspended (related summary Charge 4).
Arrest and Interview
11On 21 July 2021 you attended at the Broadmeadows Police Station by appointment where you were arrested and interviewed. You gave a no comment record of interview and were charged and bailed on the same day.
Victim Impact
12The victim in this matter declined to make a victim impact statement. However, in his police statement made on 7 June 2021, Mr Zuo said that during the incident he was very scared and he thought that you were going to kill him. This is completely understandable given the frenzied nature of your assault on Mr Zuo as captured in the CCTV footage of the incident shown during the plea.
13Mr Zuo also said that before working at the store he was a post-graduate student and thought Australia was a peaceful and safe place. However your offending had made him feel like leaving the store (which he co-owned) and start working at an office where he could feel safe. Whilst I do not know whether your offending has had a long-term impact on Mr Zuo, there is no doubt that Mr Zuo was traumatised during and in the immediate aftermath of your offending. I have taken this victim impact into account in sentencing you.
Prior Criminal History
14You have a relevant but dated criminal history having appeared before both the Children's Court and the Magistrates' Court in 2014 and 2015 (when you were between 18 and 20 years of age) for a number of dishonesty offences including aggravated burglary, burglary and theft.
15On 7 February 2014 you were placed on a good behaviour bond for a consolidation of charges in the Children's Court and a 12 month community correction order with community work hours, supervision and treatment conditions for a consolidation of charges in the Magistrates' Court. You subsequently breached that community correction order and were sentenced on 12 January 2015 in respect of both that breach, and new offending which involved three charges of theft and one charge of going equipped. You were again placed on a 12 month community correction order – to run concurrently with the 2014 order – with community work, supervision and treatment conditions. It appears that you successfully completed that order.
16The only other charge which appears in your criminal history is a charge of theft for which you were sentenced on 16 December 2015 and received a $500 fine with conviction. Accordingly, you had been offence-free for approximately five and a half years at the time of your current offending. I am also told that you have not committed any subsequent offences, nor do you have any pending matters.
Gravity of the Offending
17It was submitted by prosecuting counsel, and conceded by your counsel, that aggravated burglary is an inherently serious offence as reflected in the maximum penalty of 25 years' imprisonment. This is undoubtedly true. The issue which arises in this case however is how the gravity of this particular aggravated burglary should be assessed given its unusual nature.
18Ms Worrell for the prosecution submitted that in assessing the objective gravity of your offending, the court should take into account the following matters:
(a) you and the victim were known to each other, in that you had had previous interactions with him when you attended his store on two occasions in the three weeks preceding the incident;
(b) there was a deliberate and pre-meditated decision to attend the victim's workplace and assault him – the offending was specifically targeted to the victim;
(c) the motivation for the offending was retaliation or retribution for the incident which had occurred with your partner shortly before you attended at the store;
(d) the victim was working alone and was a vulnerable person;
(e) you were unarmed;
(f) your offending involved force and a flurry of punches to the victim's head from behind;
(g) minor injuries were sustained by the victim being cuts and bruising behind his ear, along his jawline and on the inside of his lip/mouth;
(h) you were on bail at the time of the offending; and
(i) you were the principal and only offender with a high level of culpability and responsibility for this offending.
19Mr Pathmaraj submitted on your behalf that your offending on this occasion was far removed from the more typical cases of aggravated burglary which come before the court. Mr Pathmaraj submitted that in assessing the gravity of your offending that I should take into account the following matters:
(a) the offending was of relatively short duration, lasting only about 20 seconds and ending when you were severely injured and left the store;
(b) the offending was unsophisticated – you did not attempt to conceal or disguise your identity in any way, and the offending occurred in circumstances where you had been told by your partner that she had been disrespected at the store and you responded disproportionately by attending the store ten minutes later and assaulting the victim;
(c) you were not in possession of any weapons;
(d) you acted alone;
(e) there was no family violence;
(f) you did not break into a home – albeit Mr Pathmaraj conceded that the victim was entitled to feel safe in his workplace; and
(g) you did not force entry into the shop.
20Mr Pathmaraj submitted that despite the aggravated burglary being the more serious charge by way of maximum penalties, the real thrust of your culpability lies in what you did once you were in the store. He conceded that whilst the aggravated burglary fell towards the lower end of such offending, the assault which you committed was at the more serious end of a common law assault.
21Your offending taken as a whole was serious offending. You entered Mr Zou’s workplace – a place where he was entitled to feel safe – seeking retribution for the incident which had occurred shortly prior with your partner. Whilst there was very little time between the two incidents, you clearly came into the store with the intent to attack Mr Zou and had a plan on how to do so given the manner in which you hovered near the shelves before launching behind the counter to hit the victim. Your attack on Mr Zou was frenzied and consisted of multiple punches to his head and it seems to have only ceased due to you being seriously injured. It was also committed in circumstances where you were on bail for some other minor unrelated matters.
22Having said that, when the incident is broken into the separate offences of aggravated burglary and assault, it is fair to say that the aggravated burglary was an unusual example of this kind of offence given that the store was freely accessible to you and all other members of the public. The trespass in this case was constituted by the fact that the store was open to those who wished to browse or purchase, not to those who sought to assault the owner or staff at the store. Mr Zou clearly had a right to feel safe in his place of work and you undermined that right. Having said that, you did not seek to disguise yourself, you did not attend with a weapon, and whilst I am satisfied there was some level of planning prior to your entry to the store, it is clear that the incident was largely spontaneous. In all of the circumstances I am of the view that this aggravated burglary was at the lower end of the scale of aggravated burglaries.
23The real vice of your conduct on this occasion in my view was not the aggravated burglary, but rather in the assault which you committed once inside the store. As I have already identified there was a level of pre-planning, it was committed as a disproportionate and inappropriate response to the earlier incident between the victim and your partner, and you rained a flurry of blows on the victim's head. In my view the assault which you committed on Mr Zou was a serious example of assault.
24In relation to the related summary offence of committing an indictable offence whilst on bail, whilst you fall to be sentenced for the criminality involved in committing an offence whilst on bail, I have been careful not to doubly punish you in circumstances where I am of the view that the fact you were on bail aggravates your offending on Charges 1 and 2. In imposing sentence on this charge I have not increased the sentence by reason of the seriousness or kind of offence committed by you whilst on bail.
25Finally, turning to the offence of driving whilst disqualified, you drove in circumstances where you knew that you should not be driving. However you do not have a history of driving whilst disqualified and there was nothing else objectionable about the manner in which you drove on this occasion save that you should not have been driving. Accordingly, I consider this offence to be at the lower end of seriousness for offences of this type.
Guilty Plea and Remorse
26Whilst there has been a passage of some 20 months between you being charged and your plea being heard in this case, I still consider your plea to have been entered at an early opportunity.
27As early as October 2021 you were engaged in resolution discussions. However, the matter did not resolve and was listed for a submissions only contested committal, where the only issue in dispute (as I understand it) was whether the trespass element of the aggravated burglary could be made out. Your counsel sought a discharge in respect of that offence at committal, however that application was rejected. You were accordingly committed to stand trial on the current offences on 4 February 2022. You obtained new legal representation in May 2022 as a result of funding issues and, shortly thereafter, in July 2022, you indicated an intention to plead guilty. You were arraigned on 1 August 2022 and the matter was then adjourned to 22 February 2023 for the plea hearing.
28Your plea is significant for a number of reasons.
29First, you have saved the witnesses, and in particular the victim of the offence, from having to give evidence.
30Secondly, your plea facilitates the course of justice and has utilitarian value – especially in circumstances where the trespass aspect of the aggravated burglary charge is somewhat unusual. The utilitarian value of your plea is further enhanced by reason of the timing of your plea, which has been entered during a period when the pandemic is still having a significant impact on the efficient running of the criminal justice system.
31Thirdly, I accept that your plea of guilty demonstrates an acceptance of responsibility and remorse for your conduct. This is also reflected in the letter of apology which you wrote and which was tendered on the plea as Exhibit 2, as well as in the conversations which you had with Ms Kuang who prepared the community correction order suitability assessment report in this case.
32In the circumstances I have given you a substantial discount on sentence for your plea of guilty.
Personal Circumstances
33You are now 27 years of age. You were born in Australia and are of Maori heritage. You are the youngest of five siblings to your father, Desmond, and your mother Andrina, and you grew up in a family which is close-knit, loving and stable. I note that your mother, father, and one of your sisters were all in court in support of you at the plea hearing, and I think I might have almost your entire family here today.
34Notwithstanding your stable and happy home life you struggled both academically and socially at school. You were expelled from Rosehill Secondary College in Year 7 for being in possession of cannabis. However, you ultimately managed to complete Year 10 at TAFE and then commenced work in panel beating.
35I am told that in your late teenage years you associated with a negative groups of friends. Whenever you were unoccupied with work you would abuse alcohol and cannabis on a daily basis. You became a cannabis addict by the age of 17 and it was within this context that you accrued your prior criminal matters as you were stealing to support your expensive lifestyle.
36You did however have a significant period of stability within your life between 2015 and 2020. In that time, you were consistently employed as a factory pick-packer and maintained a crime-free lifestyle.
37You relapsed into alcohol abuse between 2020 and mid 2021 in circumstances where your employment dropped off and you did not have a stable income. Your alcohol intake increased to the point where you were consuming a six pack of beer every day and you would also, on occasion, drink so much that you would black out and have little recollection of the circumstances which led you to that point, and it was in this context that the current offending before the court took place.
Extra-Curial Punishment
38In the aftermath of the incident, you were admitted to the Royal Melbourne Hospital in a critical condition and underwent surgery for the three separate wounds which you had sustained to your hand, arm and stomach. You had a relatively lengthy stay in hospital as well as multiple medical appointments after discharge. Whilst there were not any medical reports available to me at the time of the plea it was put on your behalf that you had had a pin inserted into your thumb which was later removed, have lost sensation in your thumb and have sustained some nerve damage to your arm which has affected your ability to use your arm and hand when you are completing everyday tasks. Additionally, you sustained substantial scarring to your stomach and hand – with the scarring on your stomach stretching from your sternum to your belly button.
39Mr Pathmaraj submitted that your injuries are of relevance to sentencing in two ways. Firstly, they constitute extra-curial punishment which you have already suffered and will continue to suffer as a result of your offending. Secondly, the scarring acts as a personal deterrent to you as it is a constant reminder of your offending which you will not be able to escape from seeing every day for the rest of your life.
40Ms Worrell on behalf of the prosecution did not take issue with the fact that you were seriously injured during the incident and conceded that you have received extra-curial punishment by reason of the injuries which you sustained. However, she submitted that in assessing the level of mitigation, the court should keep in mind the context of how the injuries were sustained.
41I accept that the injuries which you suffered as a result of your offending do constitute extra-curial punishment in this case.[1] Your injuries were serious and have left you with long term after-effects. I agree with Mr Pathmaraj that your injuries should not only be considered to constitute a level of punishment for your criminality, but also be considered as a prominent personal deterrent to you in respect of future offending. Accordingly, I am of the view that the injuries which you suffered are significant factors to take into account in your favour when assessing the weight to be given to the sentencing purposes of just punishment and specific deterrence.
[1] See, eg, R v Barci and Asling (1994) 76 A Crim R 103, 111; and Jiang v The Queen [2019] VSCA 126, [34].
Current Circumstances
42After being released from hospital and charged by police you were bailed and returned to live with your parents and you have continued to live with them for the past 20 months which has been a more positive home environment for you. In addition, since being bailed you have remained offence-free, have markedly curbed your alcohol use, and you have obtained employment as a steel fixer.
43A reference from your employer, Mr Dwayne Kara, dated 19 February 2023 was tendered as Exhibit 1 on the plea. Mr Kara confirmed that you commenced working with him in December 2021 and that you are a hard, loyal and dedicated worker. It is apparent from Mr Kara’s reference that you are well respected within the company, and a valued member of his team.
Prospects of Rehabilitation
44Mr Pathmaraj submitted on your behalf that taking into account your relatively youthful age; your proven ability to remain offence-free in the community in the past; your strong family support; the stability of your current employment; your lack of offending in the intervening period; and the impact of this offending upon you, the court can be satisfied that you have favourable prospects of rehabilitation.
45Ms Worrell, by contrast, submitted that your prospects for rehabilitation are dependent upon you receiving offence-specific and alcohol-related treatment and support. She submitted that if you were to engage in such treatment then your prospects for rehabilitation would be fair.
46Whilst it is apparent that you still drink alcohol and use marijuana and would benefit from treatment in respect of those issues, I am of the view that you do have reasonable prospects for rehabilitation. I am satisfied that the combination of you having stable housing, a supportive family who do not condone your offending, stable employment, a proven ability to remain offence-free over extended periods of time, an ability to acknowledge and own up to your offending and your issues, and the constant reminder of this incident due to the injuries and scarring you suffered, all demonstrate that you are on the path to rehabilitation and reduces the need for specific deterrence in this case. I am of the view that rehabilitation is a significant sentencing purpose in this case – albeit one which is subordinate to general deterrence and denunciation given the nature and gravity of your offending.
Sentencing Submissions, Comparable Cases and Current Sentencing Practice
47Ms Worrell for the prosecution submitted that general deterrence, just punishment, denunciation and protection of the community all assume significance as sentencing purposes for an offence of aggravated burglary. And just to explain to you, general deterrence means deterring other people in the community from committing the same kind of offences that you committed. Further, that considering your offending as a whole, general deterrence and denunciation are key sentencing considerations. She submitted that having regard to all of the circumstances and in particular the gravity of your offending, as well as the applicable sentencing principles, the appropriate disposition in this case is a term of imprisonment. However Ms Worrell also pointed to the need for treatment to be part of any sentence imposed by this court given your apparent issues with anger, alcohol and cannabis.
48By contrast, Mr Pathmaraj submitted that that whilst general deterrence must be given substantial weight in the sentencing exercise, a term of imprisonment is not the only means by which this can be done. He submitted that notwithstanding your prior criminal history and the gravity of your offending, the mitigating factors in your case are such that all of the sentencing purposes, including general deterrence, can be met through the imposition of a sufficiently punitive community correction order.
49Mr Pathmaraj brought my attention to a number of past cases where offenders have been sentenced to community correction orders in respect of aggravated burglaries with an intent to assault. However as pointed out by Ms Worrell, and conceded by Mr Pathmaraj, none of the cases provided are on all fours with your case either in terms of the factual scenario or the offender's personal circumstances. They do however provide examples of how the various sentencing principles have been applied in cases involving these types of charges and provide yardsticks which demonstrate, although do not define, the range of sentences which have been imposed by the court in the past for these kind of offences. I have taken these cases, and current sentencing practice more broadly, into account whilst recognising they are but just one factor which must be considered in the sentencing synthesis. Ultimately I have sentenced you applying all of the applicable sentencing principles to the facts of you and your case.
Availability of a Community Correction Order
50At the conclusion of the plea, I made an order that you be assessed for your suitability for a community correction order. You were assessed as suitable for such a disposition by Ms Kuang, who provided a suitability report, dated 6 March 2023, to the court. In that report Ms Kuang advised that you engaged in the assessment in a forthcoming manner and answered all questions asked of you. During the assessment you acknowledged your offending and expressed remorse for your conduct. You also confirmed that you had been under the influence of alcohol and marijuana at the time of your offending and continue to use both now. Ms Kuang noted your willingness and motivation to comply with a corrections order and recommended a number of conditions – including a series of treatment conditions – which should be attached to a community correction order if such a disposition is imposed. I agree with the recommendations made by Ms Kuang.
51Having carefully considered the various sentencing considerations raised by this case, I am of the view that despite the seriousness of your offending, all of the sentencing purposes can be achieved in this case through the imposition of a relatively lengthy community correction order with a community work component as well as supervision and treatment conditions. In other words, I am satisfied I do not need to impose a term of gaol.
52As identified by the Court of Appeal in its guideline judgment of Boulton v R (2014) 46 VR 308:
…a CCO may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment (such as, for example, aggravated burglary, intentionally causing serious injury, some forms of sexual offences involving minors, some kinds of rape and some categories of homicide). The sentencing judge may find that, in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly-conditioned CCO of lengthy duration is capable of satisfying the requirements of proportionality, parsimony and just punishment, while affording the best prospects for rehabilitation.[2]
[2]At [131].
53I am satisfied that in the circumstances of your case it is not necessary to impose a term of imprisonment in order to give adequate weight to general deterrence and denunciation. In my view, a community correction order, with a significant punitive element, is capable of achieving both of those sentencing purposes, whilst still giving effect to rehabilitation and just punishment.
Sentence
54Mr Daly, having taken all of the above matters into consideration, I sentence you as follows.
55On Charge 1 (aggravated burglary), Charge 2 (common assault) and related summary Charge 3 (commit an indictable offence whilst on bail), you are convicted and sentenced to a community correction order for a period of two years which will commence today. The conditions on the order will be the mandatory conditions, so they include things like needing to report changes of employment, changes of address, not being able to leave Victoria without permission, those mandatory conditions, as well as the following special conditions:
(i)you must report to Broadmeadows Correctional Services within two clear working days of the order commencing;
(ii)you must complete 350 hours of unpaid community work during the period of the order;
(iii)you must be under the supervision of a community corrections officer for the period of the order;
(iv)you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed;
(v)you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed; and
(vi)you must participate in programs and/or courses that address factors relating to your offending as directed.
56I order that up to 50 hours satisfactorily undertaken for treatment and/or rehabilitation be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
57So what that means is that each hour that you do well of your rehabilitation or treatment conditions that I have put in, one hour comes off your community work, so the most community work you have got to do is 350, the least is 300, depending on how much treatment and rehabilitation you do. Does that make sense? Yes.
58Mr Daly, so you have heard the conditions I have placed on the community correction order. Do you understand all of those conditions?
59OFFENDER: Yep.
60HER HONOUR: So I have to tell you that if you do not comply with the requirements of the order or if you commit a further offence, punishable by imprisonment during the period of the order, so that can be something like a drive whilst suspended for example, then you are likely to be breached on that order by Corrections and the matter gets brought back before me. One of the things that can happen if you are breached on that order and I have to deal with it, is that you may fall to be re-sentenced in relation to the offences for which you got the community correction order and obviously one of the things that can flow from that is that you may find yourself doing a term of imprisonment, okay? Really important that you comply with the order and that you do not get yourself into any further trouble in the next two years. Do you understand that?
61OFFENDER: Yes.
62HER HONOUR: All right. Given all of that which I have told you and given that you have heard what the conditions are on the order, do you consent to undertaking that community correction order?
63OFFENDER: Yes, I do.
64HER HONOUR: Good, all right. Now, on the related summary Charge 4 which is driving whilst your authorisation is suspended, you are convicted and fined $800. I am not going to affect your licence, okay, so I am note as a matter of completeness that I do not intend to exercise my discretion to suspend or cancel your licence, given that it has not been alleged that you have a history of driving whilst disqualified. There were no other aggravating features of your driving on the evening and further suspension or disqualification of your licence at this time would impede your path to rehabilitation. However, you need to be aware that driving whilst disqualified is a serious matter and if you were to commit any future offences of driving whilst disqualified, you actually could face a term of imprisonment and you could also face a lengthy disqualification of your licence and if you were to do it in the next two years, you would also be in breach of your community correction order as well, okay, so really important that you do not get into a car unless you have got your licence and you have retained your licence. Okay? All right. You can have a seat while I just go through the last few things.
65So I am now going to give the declaration of what would have happened if you had pleaded not guilty to the offence, okay?
66Pursuant to s6AAA of the Sentencing Act I indicate that had you pleaded not guilty to the charges for which you received that community correction order today, so that is for the aggravated burglary, the unlawful assault and the commit indictable offence whilst on bail, you would have been sentenced to a term of imprisonment of two years and three months with a non-parole period of 18 months.
67So the fact that you have pleaded guilty has given you a significant discount on the sentence. All right, I have already confirmed there are no ancillary orders. Any matters which either of you wish to raise about the sentence or the reasons for the sentence?
68MS WORRELL: No, Your Honour.
69MR PATHMARAJ: Not from my perspective no, thank you Your Honour.
70HER HONOUR: Any other matters that either of you wish to raise that do not relate to the sentence?
71MS WORRELL: No, Your Honour, thank you.
72MR PATHMARAJ: No, Your Honour.
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