Director of Public Prosecutions v Dolan (a pseudonym)
[2025] VCC 603
•16 May 2025
| IN THE COUNTY COURT OF VICTORIA CRIMINAL JURISDICTION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRUCE DOLAN (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE LYON |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 14 November 2024 |
DATE OF SENTENCE: | 16 May 2025 |
CASE MAY BE CITED AS: | DPP v Dolan (a pseudonym) |
MEDIUM NEUTRAL CITATION: | [2025] VCC 603 |
REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords:
Legislation Cited: Sex Offenders Registration Act2004 (Vic); Sentencing Act 1991 (Vic);
Cases Cited: DPP v Tullipan (a pseudonym) [2021] VSCA 191; R v Verdins [2007] VSCA 102; 16 VR 269
Sentence: Sixteen Years and Six Months Imprisonment; Ten Years and Six Months Non-Parole Period; Lifetime SORA registration
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Dr J. Harkess | Office of Public Prosecutions |
For the Accused | Mr J. McQuillan | David Barrese & Associates |
HIS HONOUR:
1.Bruce Dolan,[1] on 1 July 2024, you were found guilty by jury verdict of 12 charges of Incest, each of which carries a maximum penalty of 25 years' imprisonment; and two charges of Indecent act with a child under 16 years, which carries a maximum each of 10 years' imprisonment.
[1] A pseudonym.
2.The jury found you not guilty on charge 15 of Incest.
3.You are liable to be declared a Serious Sexual Offender on a number of charges. I will say more about that later in these remarks.
4.You are required by law to be registered as a sex offender for life.[2] Again, I will explain some of this later.
[2] See s 34(1)(c)(i) Sex Offenders Registration Act2004 (Vic).
5.You have no previous relevant, or subsequent criminal history and you have no matters outstanding.
Circumstances of Offending
6.The facts upon which the jury found their verdict are as follows:
7.The victim of your offending, Alicia Lim[3] was your stepdaughter. She was born in China in December 1991.
[3] A pseudonym.
8.You met Alicia’s mother on an arranged trip to China in 2004 and you were married in November 2005. Pursuant to the marriage, Alicia, her mother and her sister moved to Australia in September 2006 to live with you at your home in Gippsland, Victoria.
9.Alicia turned 15 on in December 2006. You were 56 years old at the time.
10.Charges 1, 2 and 3 occurred in the same incident between January 2007 – March 2007 at home when Alicia’s mother and sister were outside:
·Charge 1 is a charge of indecent act with a child under 16 involving touching Alicia’s breasts;
·Charge 2 is a charge of incest which involved you penetrating her vagina with your fingers;
·Charge 3 is a charge of incest where you penetrated her vagina with your penis.
11.Charges 4 and 5 occurred in the same time period of January to March 2007; again at home (as did most of the charges), but on an occasion a couple of weeks after the first occasion; when you sent Alicia’s mother and sister for a walk. You committed two different acts of penetrating her vagina with your penis.
12.Charge 6 is a course of conduct charge of incest occurring between 30 June 2007 and 16 December 2009 when Alicia was 15 to 17 years old. In evidence, she stated that you committed acts of penetrating her vagina with your penis at home whilst her mother and sister were either out or unaware. She stated that you would use a condom during penetration unless she had her period; when you stated that she could not get pregnant. During the acts of penetration you would maintain a lookout for others. She could not say how many acts of penetration occurred but stated that you penetrated her in this manner three or four times a week over the two and a half year period alleged.
13.Charges 7 and 8 occurred on the same occasion outside the house behind a red tractor between 30 June 2007 and 31 December 2007:
·Charge 7 is a charge of indecent act with a child under 16, placing Alicia's hand on your penis;
·Charge 8 is a charge of incest, penetrating her mouth with your penis. You ejaculated in her mouth.
14.Charge 9 is a course of conduct charge of incest occurring between 30 June 2007 to 16 December 2009 when Alicia was aged between 15 and 17 years. The particulars of this charge include acts of penetrating her mouth with your penis. Again, she could not say how many times it occurred but stated that you penetrated her in this manner three or four times a week over the period alleged.
15.Charge 10 incest comprises an act of penetrating Alicia's vagina with your penis between 1 May 2000 and 30 September 2000 when she was taking a driving lesson with you.
16.Charge 11 is a charge of incest. Alicia's mother returned to China for a visit in March 2010; after taking your wife to the airport, you penetrated Alicia's vagina with your penis in your bedroom.
17.Charge 12 is a charge of incest occurred between March 2010 and 31 December 2010 after Alicia told you about her boyfriend; you again penetrated her vagina with your penis from behind, on the veranda.
18.Charge 13 is a course of conduct charge of incest by introducing your penis into Alicia's vagina between 17 December 2009 to 31 March 2011, three or four times a week when she was aged 18 to 19.
19.Charge 14 is a charge of incest penetrating Alicia's vagina with your penis between 1 February 2011 to 31 March 2011 in her share house after she had commenced her studies at university.
20.As I say, you were found not guilty on Charge 15 of incest, a course of conduct which was alleged to have occurred at the share house.
21.Variously, and over the time you offended you;
·threatened to send Alicia, her mother and her sister back to China;
·threatened to commence sexual activity with Alicia’s sister; and
·told Alicia that no one would believe her if she told them of your actions.
Objective Gravity and Moral Culpability
22.I now turn to a consideration of the objective gravity of your offending and an assessment of your moral culpability.
23.Mr McQuillan of counsel, who appeared on your behalf for the plea (but not for the trial) conceded that the prosecution assessment of the objective seriousness of, and your moral culpability for, your offending was 'valid'. The factors referred to by Dr Harkess for the prosecution (and with which I agree) inform the seriousness of the offending. The factors which I rely on are:
i.the gross breach of trust and abandonment of your responsibility as a stepparent to protect your daughter and keep her safe from harm;
ii.the exploitation of your power as a stepparent over a child;
iii.the significant age gap between you and your victim;
iv.your offending was systematic, alarmingly frequent and spanning a number of years;
v.Alicia was particularly vulnerable as she had moved from another country at your instance, she initially had difficulty speaking English; she was economically dependent on you, and socially isolated from her former friends and family apart from her mother and sister; and
vi.your offending was peppered with threats that you would, as I say, return her family to China, that you would exploit her sister sexually, that no one would believe her if she complained. You berated her when she got a boyfriend.
24.You have no remorse. Whilst you must not be punished for running a trial or for maintaining your innocence, there are, however, no utilitarian benefits to apply in mitigation.
25.Mr McQuillan submitted that whilst your offending might be assessed as at the higher end, it is not at the highest band of offending. There was no overt violence, your victim was teenaged and not in her pre-teen years, she is not your biological daughter, she was not cognitively impaired (although I note that subsequent to these proceedings, she was diagnosed with autism spectrum disorder), your offending does not involve multiple victims, and there were no anal penetrations or foreign objects used. Rather, Mr McQuillan submitted that your offending was relatively 'conservative'.
26.Despite Mr McQuillan's tenacious efforts on your behalf, none of these factors can mitigate the appalling breach of trust you have committed, or the perception that, by her isolation and dependence, you in effect enslaved her to your sexual will.
27.In relation to the course of conduct charges, the law provides that I must impose 'a sentence that reflects the totality of the offending that constitutes the course of conduct', subject to the requirement that the sentence not exceed the maximum penalty for the offence of 25 years. The legal commentary on course of conduct charges in the Judicial College Sentencing Manual notes that:
As a result, sentences for course of conduct charges are likely to be higher than for equivalent conduct prosecuted as a single incident on a 'first occasion' basis.
28.Even on a conservative estimate (to which I have referred above) the total offending in respect to the course of conduct charges represents hundreds of instances of illegal penetration. In his submissions, Dr Harkess points out that, taking a conservative approach to Charge 6, even if one reduces the number of incidents from Alicia’s estimate of three to four times a week to twice a week, there were about 250 instances of that manner of offending over the two and a half year period. To that must be added the occasions of offending for Charge 9 over the same two and a half year period, and Charge 11, which was a 15 month period.
29.You are to be sentenced as a serious sexual offender on Charges 3-14. Assuming that sentences of imprisonment are imposed on Charges 1 and 2 (and I consider that imprisonment is the only sentencing option available), the law presumes that the sentence on Charges 3-14 will be served cumulatively.[4] Furthermore, when you are sentenced as a serious sexual offender, the law requires that the protection of the community becomes the principal sentencing objective.[5] The Crown does not seek the imposition of a disproportionate sentence, and I do not intend to impose a disproportionate sentence.
[4]s6E Sentencing Act 1991 (Vic).
[5]s6D(A).
30.The criminal law prohibits sexual offending, and specifically sexual offending against children, with the objective of upholding the fundamental right of every person to make decisions about their own sexual behaviour and to choose not to engage in sexual activity. There is, and can be, no question or issue about consent. The prohibition and the maximum penalty for its contravention is intended to deter others who may consider engaging in sexual activity with a child.
31.The absolute prohibition on sexual activity with a child under the age of 16 presumes that sexual activity which occurs before a child reaches an age at which they can give meaningful consent causes harm which is long-lasting and serious and manifests itself in both physical and psychological forms. Therefore, the harm to your victim is presumed.
32.Furthermore, incest is abhorred by the community. Incest is a repugnant offence that strikes at the core of the family relationship and involves a fundamental breach of trust. This offending stands in total conflict with your responsibilities as a parent to protect and nurture your stepdaughter, whether she is biological or otherwise.
33.I received a victim impact statement from Alicia which was read aloud to the Court by Dr Harkess. It is necessary to refer to it in some detail in order to convey the true extent of damage inflicted and of the impact still felt by her today.
34.Alicia wrote of the 'unspeakable harm' of your conduct. She writes that your acts were committed against a background of 'manipulation, humiliation, control, threats, blackmailing, blame and guilt'. Moreover, your offending occurred at a time when she depended on you. As I have said, you had brought her and her mother and her sister to a new country; she had difficulty with speaking English; and you lived in relative isolation at your home location. Alicia, her mother and sister were entirely dependent on you – economically socially and for family life.
35.Alicia writes that the guilt that she felt – for your actions – persisted through the time of your offending and beyond. She felt no relief with disclosing the offending; indeed, it only exacerbated her turmoil and plunged her into suicidal thoughts.
36.Even to this day, after all the years that have passed, she still requires psychological counselling. She states that she takes no enjoyment from life. She concludes that she does not have the capacity for a positive and fulfilling life.
37.A wise Judge, Vincent J, once observed that the rehabilitation of the victim of childhood sexual offending was likely harder to achieve than the rehabilitation of the offender. I fear that is the case here.
38.The objective gravity of your offending is obvious. Your moral culpability is high (although I will say more about that after I consider your personal circumstances). Such offending must be met by principles of deterrence, denunciation, and protection of the community.
Personal Circumstances
39.You are now 74 years old.
40.You were born and raised in Melbourne’s southeast with your parents and you are the third eldest in a sibship of nine. You report having good relationships with your respective siblings. Both your mother and father have passed away.
41.Your childhood was marked by abuse. Your father was an alcoholic and you recall witnessing severe domestic abuse perpetrated against your mother by your father throughout your childhood. Further, your siblings and you were also victimised by your father. One incident resulted in you being knocked unconscious after being thrown against a wall. You recall being bullied at school for bruises arising from this abuse.
42.When you were aged six you report your first instance of experiencing sexual abuse whilst at school. This abuse was not disclosed out of fear of getting into trouble and contributed to your ongoing difficulty with attending school following the incident.
43.Due to your issues with attending school, you were placed in a Boys Home at age 10. Here, you continued to experience brutal disciplinary practices and further sexual abuse for years from both peers and carers including anal penetration.
44.After your release from the Boys Home back into the family home at age 14, you struggled adjusting and experienced frequent nightmares and emotional dysregulation.
45.The significant difficulties you experienced within your home environment impacted your capacity to engage in your education. Specific difficulties with reading and writing were noted however you gained your ability to read and write from intensive support in the Boys Home.
46.There is no evidence of assessment or diagnosis of a neurodevelopment condition although your behaviour as documented is considered as consistent with the stress and neglect in your home environment.
47.You were kicked out of the family home at 14 by your father who told you to leave and obtain employment. You then began your working life as a labourer and held this position until you were 21. Since this time you have maintained consistent employment and have typically sought out relatively solitary work opportunities due to your avoidance of men because of your historical experiences of abuse.
48.Despite your challenges, you were able to commence and own a bricklaying business at age somewhere between 19 and 21. You worked long hours and often six days a week. On the side, you made wooden pit covers at home. You retired from bricklaying at 67 but continued with making pit covers beyond that age.
49.You married your first wife at age 21 as a result of her falling pregnant. You were together for over 25 years and had four children, one of whom is now deceased. That marriage ended.
50.You report that there was never any form of abuse in those relationships.
51.In 2004 you met your second wife and married here in 2005. Your second wife, as I say, was from China, she had two young daughters and of course the victim in this matter is her first child.
52.Up until your remand, you were in relatively good health, save for pre-existing arthritis, mildly elevated cholesterol, reflux and skin cancers. It was not submitted that you suffer any particular debilitating or life-threatening physical illness.
Character references
53.I received a number of references from members of your family including your sisters, daughter and former wife. The references refer to you as a hardworking and family-oriented man, and it is clear your family remain supportive of you despite your serious offending.
54.The references confirm your traumatic childhood, with your sisters in particular describing some of the violent incidents you experienced at the hands of your father when you were a child. Further, the references refer to the difficulties you experienced after your son passed away from brain cancer, and the more recent death of your brother-in-law whilst you have been in custody.
55.You have been working whilst in custody, but you remain socially withdrawn and isolated. It seems that you have not made, nor sought to make friends whilst on remand.
Psychological material
56.You were assessed and I received a psychological report from Ms Courtney Steffens dated 12 November 2024.
57.You have experienced recurrent depressive and anxiety symptoms over the course of your life which have been treated with medication and you have been diagnosed with Post Traumatic Stress Disorder by a psychiatrist, although you were never treated for that condition. Ms Steffens considers you suffer elevated anxiety and stress levels in custody and she reports your history of major depressive disorder and complex PTSD.
58.Ms Steffens reports that your PTSD symptoms have been exacerbated whilst you were on remand, and you have been placed in an independent cell due to your vulnerability. An incident occurred where another inmate either attacked or threatened to kill you, and you struggled to sound the alarm. Unsurprisingly, Ms Steffens considers that a custodial sentence:
… would be particularly burdensome to [you] due to your naïveté to the prison environment increasing the potential for stress; [your] physical health condition; advanced age, which increase the psychological costs of custody to you.
55.Ms Steffens considers you are at a substantially greater risk of decompensation functioning within the prison environment compared to other prisoners without these conditions.
56.Ms Steffens assessed you as a moderate risk of sexual reoffending without intervention. She considers moderate levels of intervention are required to mitigate that risk.
Sentencing Submissions
57.Mr McQuillan submitted that the following factors should operate to mitigate your sentence:
a)you have no prior convictions and you are otherwise of good character;
b)you had a traumatic and isolated upbringing;
c)your diagnoses of major depressive disorder and complex PTSD invoke the fifth and sixth principles of Verdins;
d)your advanced age is a factor I should take account;
e)notwithstanding the inevitable declaration that you are a serious sexual offender, the principle of totality still applies to the sentencing consideration in this case; and
f)therefore, measures of concurrency must be announced to ensure a crushing sentence is not imposed.
58.The matter was adjourned for a number of months to enable your lawyers to obtain cognitive assessments however I was recently advised that this was no longer being pursued.
59.Dr Harkess who prosecuted both the trial and plea, submitted that the only appropriate sentence is a term of imprisonment with a head sentence and non-parole period. Dr Harkess submitted that the sentencing consideration must give primacy to the course of conduct charges, and in particular Charge 6.
60.I was referred to a number of cases from the JCV Case Summaries. Unfortunately, the spread of circumstances and sentences (that is from eight years to 25 years) was not particularly helpful. Dr Harkess did however refer to key passages from Tullipan,[6] which is a case of considerable assistance in formulating sentences from the principles set out within it, for incest course of conduct charges. I recognise that I must not be unduly influenced by the sentences imposed in other cases. I must formulate sentences on the charges here, according to my assessment of the objective gravity of the offending, taking into account the relevant principles in sentencing objectives and having regard to the matters personal to you.
[6]DPP v Tullipan (a pseudonym) [2021] VSCA 191.
Analysis
61.The complexity of sentencing on a course of conduct charge of incest was, as I say, recently recognised and discussed in Tullipan. I have read and had regard to the principles set out in that case. I have also had regard to the sentence imposed in that case, noting that it was considered one of the gravest examples of an incest course of conduct charge.
62.Tullipan was re-sentenced to 15 years' imprisonment on the charge of incest course of conduct committed over a six-year period. Tullipan had pleaded guilty to a charge of course of conduct incest in relation to his adopted daughter who he brought to Australia from Samoa. The sentencing judge sentenced him to nine years' imprisonment on that charge. On appeal, the Crown estimated he had committed about 150 acts of penis/vagina penetration without a condom with his adopted daughter from the age of 15 to 21 years. She became pregnant twice and gave birth to his child. The court was satisfied that Tullipan manipulated his daughter. Further, Tullipan engaged in several very painful acts of penetration when his daughter was heavily pregnant.
63.Of course, several of the aggravating features in Tullipan are not present in your offending. However, Tullipan pleaded guilty, which is a mitigating feature, whilst you did not. Moreover, you committed hundreds more acts of penetration, albeit over a shorter period of time. Both you and Tullipan used the power of your parenting and the relative isolation and dependence of your children to facilitate your offending.
64.As you are now aged 74, I recognise that every year of the sentence I impose potentially represents a considerable portion of your remaining life. This is a weighty consideration in the sentencing process. I have read the cases of Iles, Cumberbatch, and RLP. The principles enunciated in RLP are relevant to this consideration:
i.The age and health of an offender are relevant to the exercise of the sentencing discretion.
ii.Old age or ill health are not determinative of the quantum of sentence.
iii.Depending on the circumstances, it may be appropriate to impose a minimum term which will have the effect that the offender may well spend the whole of his remaining life in custody.
iv.It is a weighty consideration that the offender is likely to spend the whole or a very substantial portion of the remainder of their life in custody.
v.Other sentencing considerations may be required to surrender some ground to the need to exercise compassion to take account of the real prospect that the offender may not live to be released and that the offender's ill health will make his or her period of incarceration particularly onerous.
vi.Just punishment, proportionality and general and specific deterrence remain primary sentencing considerations in the sentencing disposition notwithstanding the age and ill health of the offender.
vii.Old age and ill health do not justify the imposition of an unacceptably inappropriate sentence.
65.Next, I am satisfied that limbs 5 and 6 of Verdins[7] must be given weight in the sentencing consideration in your case. Although it was not submitted that the experiences of your traumatic childhood invoked the general principles of either Bugmy or Herrmann, I take at least some account of those experiences and the effect it had on your life and relationships.
[7] 5. The existence of the condition at the date of sentencing (or its foreseeable recurrence) may mean that a given sentence will weigh more heavily on the offender than it would on a person in normal health.
66.I am satisfied that you have some prospects for rehabilitation. Although Ms Steffens considers you remain a moderate risk of sexual reoffending without intervention, I conclude that the reality is that you will not have the opportunity to commit further sexual offences against a child in the future. Your offending against your stepdaughter arose because you created the opportunity when you brought her family from China. You offended against only one child, and you have not offended again in the last 14 years. Moreover, it will likely be a requirement for parole that you complete a sexual offender treatment program whilst in custody. Ms Steffens considers that intervention would reduce the likelihood of your offending. Finally, with family support, and the supervision of parole and the SORA requirements, together with your age on release, I consider the chances of you reoffending are pretty much extinguished. Although that speaks to the practical circumstances, I recognise that you still deny the offending, and as I have said, you have demonstrated no insight and no remorse.
67.The sentencing consideration in this case is indeed complex, as several competing principles must each be considered and applied:
·Totality is important, for even with the vast number of offences and the gravity of them, I must not impose a sentence that is crushing;
·General deterrence remains a dominant sentencing consideration. Specific deterrence has a much lesser role to play in your case;
·Protection of the community becomes the dominant sentencing consideration once you are declared a serious sexual offender;
·Then, the serious sex offender provisions presume cumulation of sentences;
·Your age is, as I have said, a consideration, but it cannot lead to the imposition of an inappropriate sentence or sentences; and finally
·The course of conduct charges require the consideration I have already outlined.
68.It is simply not possible to resolve the tension between imposing sentences of appropriate length to reflect the criminality of your offending and what would ordinarily be imposing appropriate orders of cumulation. In the end, there must be a compromise on both, with a view to achieving the appropriate overall total effective sentence and non‑parole period.
Orders
69.Accordingly, I make the following orders:
i.On Charge 1, indecent act with a child under 16 years, you are convicted and sentenced to eight months' imprisonment.
ii.On Charge 2, incest, you are convicted and sentenced to six years' imprisonment.
iii.On Charge 3, incest, you are convicted and sentenced to six years' imprisonment. I note that you are to be declared a serious sexual offender from this point and that declaration will be noted on the records of the court.
iv.On Charge 4, incest, you are convicted and sentenced to six years' imprisonment.
v.On Charge 5, incest, you are convicted and sentenced to six years' imprisonment.
vi.On Charge 6, incest, this is a course of conduct charge, you are convicted and sentenced to 13 years' imprisonment.
vii.On Charge 7, indecent act with a child, you are convicted and sentenced to 12 months' imprisonment.
viii.On Charge 8, incest, you are convicted and sentenced to five years' imprisonment.
ix.On Charge 9, incest, which is a course of conduct charge, you are convicted and sentenced to 12 years' imprisonment.
x.On Charge 10, incest, you are convicted and sentenced to six years' imprisonment.
xi.On Charge 11, incest, you are convicted and sentenced to six years' imprisonment.
xii.On Charge 12, incest, you are convicted and sentenced to six years' imprisonment.
xiii.On Charge 13, incest, which is a course of conduct charge, you are convicted and sentenced to eight years' imprisonment.
xiv.On Charge 14, incest, you are convicted and sentenced to six years' imprisonment.
70.The periods of cumulation are as follows. Charge 6 is the base sentence. To that on each of Charges 2, 3, 4 and 5, on Charge 2 I cumulate two months, on Charge 3 I cumulate two months, on Charge 4 I cumulate two months, and on Charge 5 I cumulate two months on the base sentence and on all other sentences. On Charge 7 I cumulate one months, on Charge 8 I cumulate three months, on Charge 9 I cumulate nine months, on Charge 10 I cumulate three months, on Charge 11 I cumulate three months, on Charge 12 I cumulate three months, on Charge 13 I cumulate nine months, and on Charge 14 I cumulate three months.
71.My intention is that the total effective sentence that I impose upon you is a sentence of 16 years and six months. I order that you serve a period of
10 years and six months before you are eligible for parole.72.I declare the period of pre-sentence detention of 319 days, not including today, reckoned as already served.
73.I have entered on the records the declaration that you are to be declared a serious sexual offender. You are by the findings of guilt to be registered as a sex offender for life. There will be paperwork sent to you which must be acknowledged.
74.Dr Harkess and Mr McQuillan, subject to a couple of changes that need to be made, I intend to provide you both with an unrevised copy of the sentencing remarks during the course of today so that you can take the matter up, Mr McQuillan, with Mr Dolan and your instructors, and you Dr Harkess with your instructors and the Director.
75.I will revise the sentence as quickly as possible but I am on leave from next Friday 23 May, so that is why I want to ensure that you have a copy of the sentence. It is not to be - if there is to be an appeal in the matter, the unrevised sentencing remarks are not the document that you will forward to the Court of Appeal. They are simply for your consultation purposes.
76.MR McQUILLAN: Yes, sir, thank you.
77.DR HARKESS: As the court pleases.
78.HIS HONOUR: Are there any other matters that you want to raise, Dr Harkess?
79.DR HARKESS: Did Your Honour make a mention of the sex offender registration for life?
80.HIS HONOUR: Yes. I have made mention of that. Is there anything you need to raise, Mr McQuillan?
81.MR McQUILLAN: No, Your Honour.
82.HIS HONOUR: All right. Mr McQuillan, I can empty the court but for an associate so you can speak to Mr Dolan on the link. I assume you prefer to do so in greater privacy.
83.MR McQUILLAN: Thank you, Your Honour.
84.HIS HONOUR: All right. Thank you, Mr Dolan. The sentence is 16 and a half years with 10 and a half years to serve.
85.There is nothing else?
86.DR HARKESS: The court please.
87.MR McQUILLAN: Your Honour please.
88.HIS HONOUR: Thank you.
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6. Where there is a serious risk of imprisonment having a significant adverse effect on the offender’s mental health, this will be a factor tending to mitigate punishment
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