Director of Public Prosecutions v Dawson
[2022] VCC 2376
•10 February 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 21-00332
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSHUA DAWSON |
---
JUDGE: | KARAPANAGIOTIDIS |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 4 February 2022 |
DATE OF SENTENCE: | 10 February 2022 |
CASE MAY BE CITED AS: | DPP v Dawson |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2376 |
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW – SENTENCING
Catchwords: Burglary – Theft- Possession of a drug of dependence – Plea of guilty – Worboyes – Good prospects of rehabilitation.
Legislation Cited: ss 6AAA, 48CA Sentencing Act 1991 (Vic).
Cases Cited:Boulton v The Queen [2014] VSCA 342; White and Stone v The Queen [2021] VSCA 247; Worboyes v The Queen [2021] VSCA 169.
Sentence:Convicted and sentenced to a two year Community Correction Order and a $200 fine.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Roper | The Office of Public Prosecutions |
For the Accused | Mr I. Crisp |
HER HONOUR:
1Joshua Dawson, you have pleaded guilty to the following charges: Charge 1, burglary; Charge 2, theft; and Charges 3 and 4, possession of a drug of dependence. The charges of burglary and theft carry a maximum sentence of ten years’ imprisonment; the charge of possess drug of dependence as it relates to cannabis carries a maximum sentence of five penalty units if satisfied, as I am here, that the offence was not committed for any purpose relating to trafficking. The charge of possess drug of dependence as it relates to methylamphetamine carries a maximum sentence of one-year imprisonment if satisfied, as I am here, that the offence was not committed for any purpose related to trafficking.
Circumstances of the offending
2The full circumstances of your current offending are set out in the summary of prosecution opening dated 7 June 2021 and marked as Exhibit A on the plea. In brief, sometime between 9 and 19 June 2020, you attended a property at Anzac Road in Mount Macedon. The property was owned by the victim in this matter, Ms Roberta Du Barry. The property consisted of 18 acres of dense bushland as well as the house and 12 sheds of varying sizes. The dwelling and some of the sheds contained a large number of antique items, building materials, power and hand tools and lawn mowing equipment. At the time of the offending nobody was residing at the address. Ms Du Barry, along with her mother, owned the property though it was generally left unattended and maintained by a caretaker. You forced entry into the house and each of the sheds and stole a large amount of property belonging to Ms Du Barry. The items were valued at approximately between $128-129,000 and included: a ride-on lawnmower with trailer attached; an industrial lawnmower; a hand-propelled lawnmower; a whipper snipper; Honda water pump; green trolley; red colour Pioneer branded mobility scooter; antiques including furniture, artwork, clocks, vases, kitchenware, crockery, china, lamps, dolls, statutes, figurines, books, maps and children's toys.
3On 19 June 2020, Ms Du Barry attended the home with a friend and observed items from inside the house piled up next to the front door and scattered throughout the garden. She returned the next day with the caretaker, meeting police there. They observed the house had a broken back window, the doors were wide open, the items from inside the house were all over the front porch. The garage door was damaged and opened and all of the doors to the sheds and the property had been forced open.
4On 20 and 23 June 2020, police attended the property to process the scene and located items, including a sleeveless jumper that did not belong to Ms Du Barry. They also conducted inquiries into various second-hand dealer databases, including Gumtree and on 26 June 2020, located two advertisements placed by a user, Joshua. The 15 June 2020 advertisement was for antique clocks for the sale price of approximately $12,000. The 24 June 2020 was also for antique clocks for the sale price of $10,000. Police made inquiries into the advertised contact number and confirmed that it was registered to you. Police also obtained cell tower data for your telephone which showed that on 11 June 2020, at approximately 10.08pm, your mobile began utilising the Mount Macedon Telstra cell tower and continued to regularly utilise this and surrounding Telstra cell towers until 2.56am the following morning.
5On 30 June 2020, police attended your address with the search warrant but you were not present. The property consisted of a small cottage, a bungalow and 100 acres of cleared land. At your address, they located Ms Du Barry's mobility scooter, her ride-on lawn mower with trailer attached, her two other lawn mowers, Honda water pump, whipper snipper and green trolley. Police entered your bungalow via an unlocked door and located a range of Ms Du Barry's antiques, including furniture, statues, kitchenware, china, vases, books and paintings and personal documents in the name of Ms Du Barry and her mother. Police also accessed the cottage via an unlocked window locating inside further items, including antique scales, clocks, artwork, kitchenware, boat ornaments, children's toys and rugs belonging to Ms Du Barry. Also located in the cottage were small quantities of cannabis and methylamphetamine.
6Police seized and photographed all items and organised for two three-tonne trucks to attend and collect the items. You were contacted by police throughout the day, telling them that you would meet them at your address, but you failed to. The items recovered by police from your address were returned to Ms Du Barry on 3 and 4 July 2020 and were moved into a safe storage location. In July 2020, police made unsuccessful attempts to meet with you. On 5 July 2020, you called police and told them that you were in New South Wales as your mother was in palliative care. On 2 August 2020, you attended Kyneton Police Station by appointment, you were arrested and you participated in a record of interview. You gave mostly a no comment interview and you indicated to the police you have never seen a lot of the property that they had seized from your home and you could not tell them much about it. In relation to the Gumtree advertisements, you indicated it could have been anyone. You were not frank or forthcoming when you first spoke to the police. You gave a DNA sample which was later linked with the sample of a cigarette butt located near the shed at Ms Du Barry's property. You were charged and bailed on 2 August 2020.
Gravity of offending
7In formulating an appropriate sentence to be imposed I must have regard to the gravity of your offending. I accept the prosecution's submission that this is serious offending. The quantum of the thefts was significant and there was a large volume of items taken. While I do not regard your offending to involve the same degree of planning or sophistication as was known or apparent in the case of White and Stone v The Queen[1] that I was taken, I accept the prosecution submission that there must have been some planning involved here.
[1]White and Stone v The Queen [2021] VSCA 247.
8The property was relatively isolated and full of valuable items. It is inconceivable, for example, that the items stolen, given their size and the quantity could have been transported to your property in one loaded trailer. It is simply unknown how the offence itself was executed and I am not in a position to make any precise factual findings, such as whether anybody else was with you or if you attended on multiple occasions. But I do accept that a degree of planning was required and that this was not spontaneous offending. It is also clear from the advertisements that you posted on Gumtree that you appreciated and were aware of the value of some of the antique items that you stole. I note that the property itself was unoccupied at the time, to be contrasted to the circumstances in the case of White and Stone. Also, I note that a substantial amount of the property was fortunately recovered with the police seizing the items from your home and returning them to their lawful owner, Ms Du Barry. Not all the property was recovered I was told and some of the property was returned damaged.
9There is no excuse for your offending, Mr Dawson, and it did represent a significant violation to your victims, Ms Du Barry and her mother, women who are both advanced in years. At the time of the offending, I was told that you had relapsed into using methylamphetamine. This is not an excuse or mitigating. However, in assessing your moral culpability for the offending I do have regard to your circumstances at the time which triggered your relapse and contributed to this offending. I will return to this shortly, but in brief, your father died from cancer in May 2019. Soon after your mother became very ill and ultimately passed away in August 2020. I note when you spoke to police in July 2020, you indicated that you were with her in palliative care at the time. At a time proximate to the offending I accept that you were experiencing significant loss and emotional distress.
Victim Impact
10I received a victim impact statement from Ms Roberta Du Barry dated 15 July 2021 and marked as Exhibit B on the plea. In that statement, Ms Du Barry speaks of feeling violated as a result of your intrusion. She is understandably angry about the lack of respect you showed towards her and her mother's property and the wanton destruction that occurred. The property you stole was meaningful and important to them both, including family photographs, her father's war decorations and her mother's Silver Jubilee medal for her service in education. She also refers to the difficulties she has encountered and her limited mobility because her scooter had been stolen. She says, 'taking a person's disability scooter is tantamount to taking a person's legs'.
11She has also experienced stress because of all the paperwork and appointments associated with this matter and in dealing with the police and the insurance company. Doctor Timothy Stobie is Ms Du Barry's treating general practitioner for over 10 years. In his letter dated 28 June 2021, he refers to observing the emotional trauma on Ms Du Barry that ensued from the burglary and theft and he refers to the impact on the crime on her and her mother. On his assessment and observations, he assesses it as being severe. I take into account the significant effect that your crime has had on your victims in sentencing you.
Plea of guilty
12On 2 August 2020, you were charged and bailed to appear at Bendigo Magistrates' Court. On 17 February 2021, your case was listed for a committal mention and you entered a plea of guilty to the charges. I accept that your plea is an early one. By your plea, victims and witnesses have been spared the further delay and distress involved in a trial and in giving evidence. You are entitled to a demonstrable discount for your plea of guilty. I also accept that your plea is particularly valuable in circumstances where it has been entered during the currency of the pandemic. As the Court of Appeal has stated, a plea entered in such circumstances should result in a 'actual and palpable amelioration of sentence'.[2]
[2]Worboyes v The Queen [2021] VSCA 169.
13In all the circumstances, I recognise the utilitarian benefit of your plea and accept that you are entitled to a substantial discount. I also take into account that you are accepting responsibility for your offending and I consider your plea is also indicative of remorse. I accept that you are genuinely remorseful for your conduct as demonstrated in your letter of apology to the victims which was exhibited at the plea hearing. In that letter, you expressed to the victims of your crime, 'regret and shame for your actions and an acknowledgement that your actions have caused them considerable harm'. You have also expressed remorse to your partner, Ms Vanessa House as outlined in her letter that was received by the court. She considers that over the last two years, in particular, you have reflected and have taken accountability and responsibility for your actions and considered the victim impact.
Personal circumstances
14Your personal circumstances were canvassed in detail in the psychological report of Bernard Healey of 5 September 2021. You are 30 years of age, having been born in December 1990. At the time of the offending, I note that you were 29 years of age. You were born in Ballarat and lived there briefly with your mother as your parents were temporarily separated. In the past, your mother struggled with an addiction. Your parents reunited when you were quite young and you all lived together along with your siblings. Your family moved to various different locations and your parents travelled not infrequently to various destinations in Australia. When your father became quite ill you returned to live with them in Barham and you engaged in fencing work. You left Barham and lived in Nullawil in Victoria for a period residing in a caravan owned by your father. A shed fire destroyed the caravan. It was around this time that you completed a Certificate III in Civil Construction through a college of TAFE. Two weeks before the completion of this certificate in May 2019, your father was diagnosed with an arthritic condition but there was ultimately detected widespread cancer. Your father had been a truck driver, but his later employment was as a youth worker at Juvenile Justice at Parkville.
15Your mother, as I have already noted, passed away in August 2020. Some months prior to her death she became quite ill, physically, mentally and emotionally and suffered from chronic obstructive pulmonary disease. You had formed a close bond with your mother over the years and you are very distressed by her declining health and death. You have a brother aged 33 who lives in Macleod with his fiancé and two young daughters. You have another brother aged 45 who has also been in trouble and has had addiction issues. You had another brother who died at the age of 18 through suicide. Though you were only six at the time, you have vivid memories of your family's reaction to this and its impact. You have two sisters, one who lives in Barham with her partner and four children and another who lives in Romsey with her four children. You maintain contact with all of your siblings and they are very supportive.
16Over time you have suffered some physical injuries, including an industrial accident when you were approximately 20 years of age resulting in a number of fractures. You were initially unable to walk, suffered considerable pain and while you did not take any medications, you found that cannabis assisted you. In terms of your education, you attended Gisborne Secondary College up until Year 9, but you were very unsettled during that period and received a number of suspensions in each year. You later attended a learning centre in Kyneton to complete VCAL studies on a full-time basis. Subsequently, you completed a warehousing course at around the age of 21 through a college of TAFE and then, as I have already noted, the six-month civil construction certificate.
17From the age of 16, you engaged in part-time fencing and at 18 you were employed in a full-time capacity. You then worked for a cleaning firm in Tullamarine and then worked at a furniture removalist in Campbellfield for a number of years. After you purchased a three-tonne truck and engaged in courier work but that was only for a short period of time. You then worked for a stone mason's for a period, then, upon moving back to Barham you engaged in fencing again and then on your return to Victoria you became involved in shed building which continues today.
18You have a six-year old daughter from a previous relationship. Ever since your separation, you have enjoyed regular access with your daughter. Your next relationship was with the mother of your son who is now 18 months. You lived together for a short period but the relationship ended and the separation has not been amicable and you have only had limited access to your son.
19You commenced smoking cannabis around the age of 12 and then later, your smoking became more regular. You experimented with smoking ice at around the age of 22-23 and you became a regular smoker of this drug. After moving to Barham at 26 to live with your parents for almost two years, you stopped using ice for a period. Following your move back to Victoria, I have already noted that you lived in Nullawil where your father had a caravan. After some months there, there was a fire in the shed which destroyed the caravan and you ended up moving close to Romsey. You lived there for a period of time with the mother of your 18-month old child, but as I have already noted, this relationship came to an end on difficult terms.
20You lived in your car for a couple of weeks until your brother invited you to reside with him and his family and subsequently secured rental accommodation of your own. With your mother's decline in health and in the context of the earlier loss of your father, you progressively started to use more ice. You continued to use approximately one and a half grams a day for a period, though apparently could abstain from the drug when you had the care of your daughter. You reported to Mr Healey that you stopped using ice in around July 2021.
21Mr Healey administered formal testing to intelligence, memory and personality. Testing revealed you to be a person of sound average intelligence and your powers of delayed recall were found to be quite sound. Personality testing, however, revealed certain vulnerability to substance abuse, depression and anxiety, Mr Healey encouraged you to visit your GP, secure a mental health care plan for ongoing further supportive counselling and assistance and also to be involved in counselling with the drug and alcohol practitioner to provide support generally and to assist with your depression and anxiety.
22In sentencing you, Mr Dawson, I take into account your personal history as I have briefly outlined here and the opinions expressed by Mr Healey.
Prior criminal history
23Your prior criminal history dates back to 2013. You have appeared for matters including possession, use and the cultivation of cannabis and received monetary penalties. On 8 February 2016, you were convicted and fined for theft. On 1 May 2019, you were sentenced for a consolidation of matters, including entering private place without authority/excuse, dishonestly receive and retain stolen property, dealing with proceeds of crime, driving matters, possess and use cannabis and methylamphetamines. You were convicted and placed on a community corrections order for 12 months with a work condition only.
24In 2019, you were also dealt with for various fine defaults relating back to earlier fines you had received that were converted to corrections orders. You have a relevant prior criminal history, though I accept that they are substantially drug‑related. While you have prior convictions for dishonesty matters, I note that you have never been dealt with for a charge of burglary and you have never received a custodial sentence or an order mandating supervision and/or treatment.
25Also, I note you were last dealt with by the courts in relation to substantive offending in May 2019. It is, obviously, a concern that not soon after the community corrections order ended, that is approximately June 2020, you committed the current offences. In relation to this order, you told the court that you had completed approximately 36 hours of the community work and you could not say what had happened to the order. I have since been informed, as we discussed this afternoon, that the order has been breached and remains outstanding along with some of the fine conversion orders.
Other mitigating factors
26Your counsel relied upon a number of factors on your behalf, including your plea of guilty, your remorse, your limited prior criminal history and your personal circumstances at the time of the offending and the grief and depression you were experiencing. I take all of these matters into account in sentencing you.
27I also take into account the more onerous conditions in custody that currently exist, given the Covid-19 pandemic. Further, on your behalf, Mr Crisp refers to and relies upon your current stability, demonstrated progress and your significant personal responsibilities in the community. You have young children aged six and 18 months, as I have already noted. You have regular access with your eldest daughter and although you do not presently have contact with your young son, you do provide financial support to your children.
28You also assist with your sick brother's teenage children. The children do not live with their father, but you have assisted them financially, including by purchasing them second-hand cars. You help care for your partner, Ms House, who is a diabetic, suffering the effects of serious injuries from a motor vehicle accident and is now expecting your child. I was told that up until recently she was wheelchair-bound. You are also working as I have already noted, as a sole trader, operating a shed installation business. You told the court that you have been working for some 13 months building and fitting sheds and putting to good use your certificate in civil construction. You are busy, you work regularly and on days off you talk to potential customers and give them quotes.
29These factors were not referred to as demonstrating family hardship, but rather they were relied upon to evidence the progress that you have made and your meaningful and sustained efforts at rehabilitation. Also, I accept that you would experience a degree of anguish or stress if you were incarcerated and unable to provide the support that you currently provide to your family.
Prospects of rehabilitation
30In terms of prospects of rehabilitation, I accept that while there is a need for some caution, I assess your prospects as good. As I have already noted you have expressed remorse and insight into your offending and you have demonstrated that you are making serious efforts towards your rehabilitation by ceasing drug use, staying out of trouble, operating your own business and showing responsibility for others. On your behalf, Mr Crisp submits that you are not the same person that you were at the time of this offending and that in more recent times you have made significant changes. Your partner, Ms House, states that over the last six months, in particular, she has witnessed a significant change in your behaviour and your overall attitude. Ms McDonald has known you for many years and knows you better now as you are in a relationship with her daughter. She states that you have demonstrated a complete change of attitude and are certainly making better choices about the people that you are associating with and ensuring that you are maintaining a healthy lifestyle.
31I accept that you have made positive progress and real efforts. Having said that, Mr Dawson, it is clear that your drug use has been extensive over the years, your circumstances at times chaotic and that you are vulnerable to relapse. Therefore, your rehabilitation and community protection is best facilitated through mandated supervision, ongoing supports and interventions to assist with your depression, anxiety and to ensure that you remain drug free.
Sentencing principles
32The basic purpose for which a court may impose a sentence of punishment are general and specific deterrence, rehabilitation, denunciation and protection of the community. I accept that given the nature of your offending, as Mr Roper submitted, the sentencing purposes in particular of punishment, general deterrence and denunciation are important. I have taken into account the sentencing guidelines referred to in the Sentencing Act 1991 (Vic) where relevant to your case. In particular, I have regard to the sentencing landscape for the offending before me. Ultimately, the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of our particular case.
33I also take into account the principles of proportionality and parsimony. Proportionality requires that the sentence imposed not exceed what is appropriate or proportionate to the gravity for the crime considered in light of its objective circumstances. The principle of parsimony requires that I not impose a term of imprisonment if the sentencing purposes can be met by another less punitive form of sentence. It requires that I give proper consideration to non‑custodial options. On your behalf, Mr Crisp submitted that a community corrections order should be imposed and that such an order is capable of being punitive and at the same time would allow you to continue with your rehabilitation in the community. Mr Roper, on behalf of the prosecution, submitted that in your case, the only appropriate sentence is a term of imprisonment whether on its own or in combination.
34As we discussed, I had you assessed for a community corrections order and also forensic mental health assessment. You were assessed as unsuitable for such an order. Notwithstanding that you engage well and express motivations to engage in drug treatment, your previous orders were noted along with the fact that there are current breach proceedings in relation to these orders. You reported that you had no knowledge of the outstanding warrants and you were encouraged to speak to your legal representatives about these. Because of that history, the author of that assessment expresses understandable concern about placing you on a further order. The MHARS report indicates that you would benefit from a mental health plan and in addressing your unresolved grief, loss and change issues secondary to losing both your supportive parents. It also noted you displayed insight into the need to not reoffend and to focus on your business, children, pregnant partner and underlying mental health issues. Your judgment appeared to be intact and your attitude and world view appeared to be pro social.
35I have given close and serious consideration to whether you should be required to serve an immediate term of imprisonment. I am, obviously, concerned about the outstanding breach proceedings but again note that you have not previously had the opportunity or benefit of an order which includes supervision and treatment. I also note that your circumstances and efforts of rehabilitation appear to have changed and improved substantially in more recent times. Ultimately, balancing all relevant factors and sentencing considerations I am persuaded, Mr Dawson, that you should be given an opportunity to remain in the community under the supervision of Corrections with conditions. As the Court of Appeal stated in Bolton v The Queen[3], community corrections orders provide a flexible mechanism for imposing a sentence that is both punitive and rehabilitative’.
[3]Boulton v The Queen [2014] VSCA 342.
36Such an order is intrinsically punitive and depending on the length of the order and the nature of the conditions imposed is capable of being highly punitive. It will also allow for the real progress and the efforts that you have demonstrated and made to date to be consolidated and it will give you an opportunity that you have not had before, to be under the supervision and treatment of Corrections.
Sentence
37Taking all relevant matters into account, I, therefore, sentence you as follows. You are convicted and sentenced on Charges 1, 2 and 4 to a community corrections order of two years. On Charge 3, that is the cannabis charge; is that right Mr Roper?
38MR ROPER: Yes, that's right. That's right.
39HER HONOUR: Thank you. You are convicted and fined. That cannot form part of the order. You are convicted and fined an amount of $200. Now, Mr Dawson, with conviction, I have imposed that order. You will need to report to Seymour Correctional Services within two working days. As I understand it, Mr Crisp can probably give you some more detail about this but because of the Covid-19 restrictions, I understand - and it may have already been explained to you - that you make that initial contact by telephone. But it is incumbent on you to do it. You need to be pro-active and do it. Do you understand?
40OFFENDER: Yes, I do.
41HER HONOUR: I am now going to explain to you the conditions of the order. The mandatory conditions of the order include that you must not commit any offence during the period of the community corrections order, that is 24 months for today, for which you could be imprisoned. You must notify a Corrections officer of any change of address or employment within two clear working days after the change; you must not leave Victoria without first getting permission to do so from a Corrections officer and you must obey all lawful directions of a Corrections officer. Additionally, I am imposing a community work component. You must perform 200 hours of unpaid community work.
42Pursuant to s48CA of the Sentencing Act, I direct that 100 hours satisfactorily undertaken for treatment and rehabilitation are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition. You must also be under the supervision of a community corrections officer for the period of the order. You must also undergo assessment and treatment for drug and alcohol and assessment and treatment for your mental health as directed. You must engage in programs to reduce your risk of reoffending as directed. Mr Dawson, they are the conditions of the order. Do you understand the conditions as I have read them out?
43OFFENDER: Yes, I do.
44HER HONOUR: All right. Now, I must make sure that - sorry, you must make sure that you comply with the order. I must make sure that I tell you of the consequences if you do not.
45OFFENDER: Yep.
46HER HONOUR: I must 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 operational period of the order, then you are likely to be breached on your order by Corrections. The matter will be brought back before me if that happens. You would then be dealt with for breaching the order. You will be exposed to the possibility that you will be re-sentenced for the original offences and may face a term of imprisonment. Do you, Mr Dawson, understand the consequences of breaching the order that I am about to impose? You have to indicate, sorry. Do you understand the consequences of breaching the order I am about to impose?
47OFFENDER: It cut out for a second there.
48HER HONOUR: Right. Did you hear what I said in relation to the consequences?
49OFFENDER: Yes, I did.
50HER HONOUR: If you breach it by not doing it or committing an offence, you come back here. You are liable to be dealt with for breaching and exposed to the possibility that you will be re-sentenced for the original offending and face a term of imprisonment.
51OFFENDER: Yeah.
52HER HONOUR: Did you hear that?
53OFFENDER: Yes, I did.
54HER HONOUR: All right. Do you understand the consequences of breaching the order?
55OFFENDER: I do.
56HER HONOUR: All right. Thank you. Last of all then, understanding its conditions and its consequences upon breach, Mr Dawson, do you consent to the making of the order?
57OFFENDER: Yes, I do.
58HER HONOUR: All right. Thank you.
59OFFENDER: Thank you.
60HER HONOUR: I can indicate pursuant to s6AAA that had you not pleaded guilty I would have sentenced you to a - this is a global sentence indication eight months imprisonment with a community corrections order of two years. I also propose to make the disposal order in the terms sought, which from memory, Mr Crisp was not opposed. Is that right?
61MR CRISP: Not opposed, Your Honour.
62HER HONOUR: All right. Thank you. Gentlemen, does that deal with everything?
63MR ROPER: Yes, I believe so, Your Honour. There's no pre-sentence detention or any other matters for the court to record.
64HER HONOUR: Yes. All right. Thank you. Mr Dawson, you'll have a moment. We'll leave the link on just for a couple of minutes if you need to speak to Mr Crisp. You'll receive documentation. I've explained to you the conditions and I've explained to you my reasoning. The progress that you've demonstrated balanced up with all the other factors including seriousness and the impact. All right. This is a punishment but an opportunity. All right. You've got to take it seriously, you've got to be proactive and you have to comply with the conditions. Understood?
65OFFENDER: Yes. Completely.
66HER HONOUR: All right. Thank you both, Mr Roper, Mr Crisp. We'll adjourn the court. Mr Crisp, we'll keep the link on just for a couple of minutes if you need to talk to your client and otherwise, we'll adjourn the court. Thank you.
67MR CRISP: Thank you, Your Honour.
68OFFENDER: Thank you.
- - -
0
2
0