Director of Public Prosecutions v Dow

[2020] VCC 1605

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
(Not) Restricted
Suitable for Publication

Case No. CR-20-00766

DIRECTOR OF PUBLIC PROSECUTIONS

v

HAYDEN DOW

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	8 September 2020
DATE OF SENTENCE:	5 October 2020
CASE MAY BE CITED AS:	DPP v Dow
MEDIUM NEUTRAL CITATION:	[2020] VCC 1605

REASONS FOR SENTENCE
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Catchwords:            Criminal law – sentencing – causing serious injury recklessly – young offender – participation in Sentencing Conversation – mitigating features – relevant prior criminal history– unrelated offending – threat to inflict serious injury – unlawful assault-theft -– sentence of imprisonment imposed.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr L Harrison (Plea) Ms S Davison (Sentence)	Office of Public Prosecutions
For the Accused	In Person (Custody) and Ms E Byrt (Solicitor Advocate)	Papa Hughes Lawyers

HER HONOUR:

Indictment K12349567

1       Hayden Dow, you have pleaded guilty to one charge of recklessly cause serious injury in relation to an incident that occurred on Saturday, 29 June 2019.

2       The charge is serious and that is reflected in the maximum penalty prescribed by Parliament, and that is 15 years’ imprisonment or 1800 penalty units.

3       You have admitted your criminal history.  Your history spans a period from 22 May 2014 until 10 October 2018, and it is of concern as you have relevant prior charges involving crimes of violence against the person. 

4       There are five previous court appearances commencing when you were a child.

5       On 22 May 2014, aged 15, you were dealt with by the Melbourne Children’s Court in respect to a large consolidation that included multiple charges of theft, recklessly cause injury, unlawful assault, robbery and assault in company and other charges. You were without conviction placed on a six months Good Behaviour Bond.

6       On 19 March 2015, aged 16, at the Melbourne Children’s Court, you were dealt with in respect to two charges of armed robbery, one charge of recklessly cause injury and various theft charges, and without conviction you were placed on Probation for a period of six months.

7       On 26 February 2016, aged 16, at the Sunshine Children’s Court, you were dealt with in respect to an armed robbery charge, unlawful assault, threat to inflict serious injury and theft, without conviction you received a 12 month Youth Supervision Order.

8       On 16 November 2017, aged 17, at the Sunshine Children’s Court, you appeared in relation to charges of attempted theft of a motor vehicle, criminal damage by fire (arson).  The matter was adjourned without conviction and you were placed on a Good Behaviour Bond for a period of six months.

9       There is one prior appearance in the adult stream. On 10 October 2018, at the Broadmeadows Magistrates’ Court (Koori Court),  you were convicted and sentenced to a combination sentence for charges of burglary, theft, drunk in a public place, use ecstasy, assault emergency worker on duty, commit indictable offence whilst on bail, recklessly cause serious injury (two charges), unlawful assault, commit indictable offence whilst on bail, state false name when requested, and possess ecstasy.

10      The recklessly cause serious injury charges involved an occasion when you randomly attacking a male whom you did not know who passed you walking in the opposite direction along the street. You  punched him to the right side of his face breaking his jaw and nose. On a separate occasion, you punched another stranger, a male, in the face causing him to suffer a fractured jaw and broken teeth that required surgery. He had come to the assistance of a woman with whom you were arguing in the street. 

11      You received an aggregate sentence of 156 days (being equivalent to time served) combined with a 16-month Community Correction Order with an attached Justice Plan.  You were released from prison on 10 October 2018.

12      The current offence of recklessly causing serious injury occurred approximately eight months after the imposition of that order and that is an aggravating feature of your offending.

13      I shall proceed to sentence you on the basis of the Prosecution Opening that was summarised and is set out comprehensively in the Opening dated 28 August 2020. 

14      The victim in the matter is Mohamad Rabah (Rabah). Rabah was aged 18 at the time of the offending. He was working as an employee at the Woolworths store, Hadfield and is a stranger to you. 

15      You walked into the store and into the associated BWS store, where you looked around and left about 7.41pm.  Rabah happened to be walking out at the same time. He was going to collect a trolley to pick up some rubbish as part of his duties.  As you both headed towards the exit door you stepped in front of him slightly, causing him to stop.  You said to him “Watch where the fuck you are going.”  He apologised to you, responding “Sorry mate, I didn’t mean it.” 

16      You walked ahead of him out of the doorway with him walking behind you.  You turned around and punched Rabah to the left side of his face, causing him to fall backwards onto the concrete path and momentarily lose consciousness.  You then ran from the area. 

17      I have viewed the CCTV footage of the incident that shows shortly after he exited the automatic doorway, Rabah is seen falling to the ground.

18      The actual punch was not captured on the CCTV footage, only the consequences.  Rabah is seen on lying the ground for about eight seconds before he was able to get up and walk back into the store, dazed and bleeding from his mouth and nose.

19      Police were contacted and an ambulance attended.

20      Rabah was transferred to hospital where the following injuries were noted:

(a)      left lower jawbone fracture;

(b)      soft tissue laceration within the mouth;

(c)       loss of three teeth; and

(d)      loss of consciousness and concussion.

21      Rabah was required to have surgery to insert metal screws and a plate into his jaw, which is still in place.  He was required to have a soft non-chew diet for six weeks.

22      The impact of your offending has been great as set out in the Victim Impact Statements that have been filed by Rabah and his mother. Their statements confirm that this has been a life changing event for him. 

23      Before the incident, he was working hard to save for a home and was also a very sociable person. He is now very withdrawn and fears leaving his own home. He has lost confidence, so much so that he is no longer working at the store.

24      His loss of confidence has impacted on every aspect of his life and he is feels very pessimistic about his future.  In addition, to the physical injury and associated pain he also has suffered symptoms of Post-Traumatic Stress Disorder namely sleep disturbance, flashbacks, panic attacks, feeling scared and crying for which he is receiving counselling from a psychologist.

25      His mother confirms that her son has changed and that it has been difficult for her to witness the consequences of your actions. 

26      Hayden Dow, this was a vicious, nasty and unprovoked attack on an innocent young man who was merely performing his work duties. Rabah has suffered greatly because of your actions. You must stop this behaviour. It is only by good fortune that he did not suffer more serious and even life-threatening injuries. One punch can kill with devastating consequences.

27      The gravity of your offending is serious but it is not at the high end of the spectrum for this sort of serious offence. On behalf of the community, I must condemn your actions.

28      In sentencing you, deterrence, denunciation and community protection are important sentencing considerations.

Arrest

29      You were not arrested by police until Friday, 6 September 2019. A formal interview took place that day, during which you admitted to police that you had assaulted a guy at Woolworths, Hadfield.

30      You said that you did so because you were under the influence of Ice.  You confirmed that you did not know the person and said that you may have had a go at him when walking out. 

31      You told police that there were footsteps behind you and the person stood over you, so you turned around and hit him, and then ran away.  Having observed the CCTV footage, I reject that description of events. The assault was an unprovoked attack.

Procedural history

32      You were charged with the offences on 6 September 2019.  At a committal case conference on 3 December 2019, the matter resolved to one charge of recklessly causing serious injury.

33      An application for summary jurisdiction was refused. You were committed to the County Court where the matter proceeded in the County Koori Court.

34      Due to the impact of the COVID‑19 pandemic, the hearing of the matter was delayed for many months and it did not proceed until Tuesday, 8 September 2020. I have had regard to the delay.

35      The prosecution accepts that the plea of guilty was entered at the earliest opportunity.

Sentencing Conversation

36      Your matter proceeded as a sentencing conversation with elders, Aunty Pam Pedersen and Uncle Rod Jackson.

37      Both Aunty Pam and Uncle Rod chastised you in relation to your offending and confirmed that violence of the sort that you inflicted upon the young victim is not culturally acceptable and must be condemned.  They told you that you had brought shame upon your ancestors. 

38      Your mother, Glenys, who was present at the plea hearing, also confirmed that she did not condone your violent behaviour. 

39      The elders urged you to reflect on your past history of violence and to seek help to address whatever it is that is driving this type of behaviour. 

40      In the conversation, you demonstrated real insight into your offending behaviour.  You expressed a desire to deal with your anger and addictions so that you can avoid being violent in the future.  You expressed your strong desire to play a more positive and meaningful role in your young daughter’s life and in the life of your young nephews and nieces.  You wish to be a participating member of your family.  You indicated your willingness to accept help and receive one on one counselling. 

41      Uncle Rod suggested that you consider culturally appropriate programs such as those provided through the Dardi Munwarro Program, in particular, programs to deal with your violent tendencies and inability to control your anger. 

42      You acknowledged to the elders that alcohol and drugs had played a significant feature in your life over the past five years, and accept that it is necessary for you to address your addictions in order to prevent future offending.

43      You were urged to contemplate a different future by the elders, one where you are drug free, working, connected to family and your culture. 

44      Both elders urged you to reflect on the harm that you inflicted upon your young victim.  They stressed that the impact of your offending has and will have lasting consequences upon Rabah.

45      Since being in jail, your connection with your mother has strengthened and you have been regularly communicating.  She was present at the plea hearing and indicated her ongoing love and support. She also strongly condemned your violent behaviour and urged you to seek help for your anger problems.

46      Glenys currently cares for your three year old daughter.  She has been very disappointed by your behaviour over the years and expressed her strong desire that you change your ways.  She wants to see your words turned into positive actions. 

47      Your mother, Glenys, confirmed that you are being more open and honest in your conversations.  She describes your relationship with your daughter as being a very positive one, and the family looks forward to you returning home upon your eventual release.

48      The elders care deeply about your progress and encouraged you to take action to break the cycle of offending and jail.  They encouraged you to make the most of your capabilities. 

49      You have demonstrated in the past that you can work, and you have skills in plastering.  In addition, you have gathered some further employment skills whilst being employed in custody. 

50      You were open and frank in your discussions with the elders and your genuine participation has been taken into account in your favour.[1]

[1]See The Queen v Steelie Morgan [2010] VSCA 14 at [11], confirmed in Honeysett v The Queen (2018) 56 VR 375 and DPP v Heyfron [2019] VSCA 130.

Personal history and background

51      By way of background, you are 21 and were 20 at the time of offending. You were born in Warragul, Victoria.  Both your parents are Aboriginal. You have Gunditjmara and Gunai Kurnai heritage. 

52      You are one of seven children. There are four older half‑sisters, one older brother and one younger brother.

53      Your father left the family unit when you were aged three. During your childhood you and your sisters were subjected to abuse at the hands of your father for which he later was imprisoned  that is detailed in the report of Ms Alison Maynard, consultant psychologist.

54      Following separation you were cared for by your mother, Glenys and lived in Melton until you were about aged 10.  At around this time, your father died from a drug overdose.

55      Your mother re-partnered however you did not get along well with your step‑father. You now acknowledge that he was very good to you and your family. The relationship ultimately broke down. Your step-father died in late 2019.  You now regret not reaching out to your step‑father before he died, because he was really the only father figure that you have had in your life.

56      You have a longstanding and chronic addiction to illicit drugs and alcohol. You began using cannabis at age 12 and other drugs thereafter including methamphetamines. Your younger years have been marred by those addictions and its associated chaotic lifestyle.

57      As a child, you were diagnosed with an intellectual disability with prominent low verbal comprehension skills.  You have a full-scale IQ of 66 and you struggled to cope at school. 

58      You meet the criteria for Intellectual Disability as defined in the Disability Act 2006. You have been in receipt of the Disability Support Pension since you were 16 years old.

59      You have had a long-term problem with anger management.  In Year 8, you were sent to an alternative school called CALM, for children with intellectual disabilities and anger issues. You were expelled and then attended Braybrook Secondary School and attempted, but did not complete, Year 9.

60      You had a plastering job for a few months after leaving school but lost it when you relapsed into heavy drinking and drug use.

61      In addition to being subjected to traumatic experiences as a child, at age 16 you were stabbed in the throat and suffered serious injury.

62      You were in a relationship with the mother of your daughter for about three years. She was born when you were aged 17. The relationship with your daughter’s mother was characterised by drug abuse and family violence.

63      The context to your offending was that your life had spiralled out of control. Following your release you lived for a short time in Clunes with your former partner’s mother. You were asked to leave. You struggled with having no stable accommodation. The relationship with your daughter’s mother ended in acrimonious circumstances, you were disengaged from support workers that were providing the services required under the Justice Plan, you resumed a chaotic lifestyle of heavily abusing drugs and alcohol, mixing with negative drug using peers, couch surfing and offending.

64      I have had regard to the contents of the psychological assessment of Alison Mynard, clinical psychologist, whose report dated 13 August 2020 has been tendered.

65      You acknowledged to Ms Mynard that since you have been clean from substances in prison, you have been feeling better with less anxiety. 

66      She considers that you have Complex Trauma Disorder attributable to childhood trauma.  You openly acknowledged to her that you have had anger issues from an early age and that you have a history of being aggressive and verbally abusive.  You stated that you feel paranoid most of the time. She considers that your anger is a symptom of your underlying vulnerabilities.

67      She diagnosed Generalised Anxiety Disorder (panic attacks), Social Anxiety Disorder with paranoid features, Complex Trauma Disorder, Stimulant Use Disorder, Alcohol Use Disorder and Cannabis Use Disorder, currently in remission in a controlled environment.

68      Ms Mynard noted that when you were aged 16, you had attended a drug rehabilitation program through YSAS.  You abstained from substances for a while, but then relapsed again. You recalled seeing a counsellor or psychologist but could not recall much about that treatment.  You have had intermittent treatment with alcohol and drug counsellors in the past. 

69      You have not engaged well with those counsellors about your trauma history. In the past you have used alcohol and drugs to cope with your trauma history. You state that you are now willing to consider such treatment.

70      In 2019, you had family violence counselling for about six or eight sessions.

71      Ms Mynard considers, having regard to the severity of your Complex PTSD, that you have impaired mental functioning that would result in you being subject to significantly more than the ordinary burden and risks of imprisonment. 

72      I accept her expressed opinion and have modified your sentence accordingly.

73      She considers that you have greater than usual difficulty regulating your emotions, even if you were to be medicated, because you have little control over your environment and that inability to control your environment would exacerbate your PTSD symptoms.

74      Ms Mynard recommends individualised treatment for your symptoms, otherwise you risk long-term deterioration in your functioning.

75      Overall, she thought that you were showing signs of becoming more aware of your mental health issues, developing insight and starting to reach out for help. 

76      Those observations were borne out during the Sentencing Conversation. You do understand that you need to deal with your anger issues and that you need to address why you resort to violence when you feel threatened.

77      I accept her expressed opinion, that it is clear your offending was related to your alcohol and drug addictions, mental health issues and lower cognitive function, and each of those issues need to be addressed in order to reduce your risk of reoffending. 

78      Ms Mynard states that it is very important that a trauma sensitive approach be adopted to work with you for the future so that you can process your distressing past and look to the future. I recommend to the authorities that consideration be given to the provision of culturally appropriate complex trauma treatment to maximise your rehabilitation prospects for the future.

79      I endorse all her other recommendations namely, alcohol and drug counselling, residential rehabilitation, cognitive assessment to ascertain your current level of functioning, and to coordinate and support an application to determine your eligibility for NDIS support.  She also recommends that you be linked in with services, such as a regular general practitioner for medication review, mental health support, and completing a mental healthcare plan, as well as referral to a psychologist for treatment in respect to your conditions.

80      Your time spent in custody has generally been positive.  You have undertaken gym training, work in the laundry, working on buggies doing gardening, and emptying rubbish bins.  You have however been sacked recently because of your attitude towards one of the prison officers and there have been incidents which have led to you being denied privileges.[2]

[2]Affidavit of Jennifer Ann Hosking 8 September 2020

81      You have commenced to deal with your alcohol and drug issues and have completed a “Me and Marijuana” course and one day of an “Alcohol and Me” course but, because of the COVID-19 pandemic, you are unable to complete that course.

Mitigating factors

82      I have had regard to matters put in mitigation on your behalf by Ms Byrt.

83      I accept that you are a youthful offender, at age 21, and your rehabilitation is an important aspect of the sentence.

84      Owing to the objective seriousness of your offending, the effect of your youth in moderating sentence is necessarily lowered.  You also have a significant prior criminal history that has been earlier detailed, which further acts as a moderating impact upon the significance of youth in your sentence.[3] 

[3]R v Hennen [2004] VSCA 42

85      Given the serious nature of your offending and your criminal history emphasis must also be placed on deterrence, denunciation and community protection.

86      The prosecution concedes that you have a diagnosis of PTSD and Social Anxiety Disorder, and therefore your mental health condition can be taken into account.  Further, the prosecution concedes there is a causal link between the offending and your diagnosis.

87      I have therefore moderated the need for general deterrence.  I further find, by reason of your conditions, that your moral culpability is reduced albeit modestly.

88      You have been found guilty of similar offending on previous occasions. You do have insight into your offending behaviour being wrong.  There is a need to provide for specific deterrence. You need to be punished for your actions and deterred from future conduct of a similar character.

89      It is of some concern that you were on a Community Correction Order with an attached Justice Plan at the time of this offending.  That was to be used to address the drivers for your offending for offences of a similar nature.  You had disengaged from such and you were avoiding any assistance that was being offered. 

90      Given your past criminal history, and appearances for offending of a very similar nature, there is a need to emphasise community protection.

91      I have had regard to your co-operation with the police and the admissions that you made during the formal record of interview.

92      Your plea is one of real utility.  The matter resolved at the earliest possible stage.  The prosecution accepts that the inherent utilitarian value of a plea of guilty is greater during the pandemic.[4] 

[4]DPP v Bourke [2020] VSC 130 at [32]

93      Through your plea, you have spared the State the inconvenience and cost of a trial, and importantly, the victim has been spared the further trauma of having to come to Court to give evidence and be cross-examined. You have facilitated justice and your sentence will be discounted accordingly.

94      I accept that your plea is reflective of genuine remorse.

95      It is accepted that, by reason of the pandemic, prisoners and their families are suffering additional stress and anxiety.  Furthermore, there are many restrictions imposed by the prison authorities on daily life, such as reduced visits, phone calls and work opportunities.[5] 

[5]DPP v Tennison [2020] VCC 343 at [36]

96      Given the severity of your complex PTSD and greater than usual difficulties in regulating your emotions and anxiety, I consider that the circumstances of your detention under the current restrictive regime is likely to impact on you greater than those who do not suffer with such conditions, and I have taken that into account.

97      I have had regard to the effects of the childhood trauma and profound disadvantage and depravation that you have suffered and those effects do not diminish over time or further serious offending. I have applied the principles of Bugmy.[6]  Nonetheless, such must be viewed and weighed against the need for community protection given the seriousness of the offending.

[6]Bugmy v The Queen [2013] HCA 37

98      You genuinely participated in the sentencing conversation and accepted the challenges made by the elders.  This was a voluntary process to which you submitted. You actively listening to the elders’ advice in respect to looking to the future and the need to seek assistance to help you with your anger management and addiction issues.

99      I am satisfied through your responses that is further evidence of your genuine remorse. You indicated insight about the seriousness and the impact of the offending upon the innocent victim, and you indicated a willingness to deal with your anger and addiction issues.

100     Your plan on your release is to live with one of your older sister’s who resides in Broadmeadows.  She is like a second mother to you, as she is almost 20 years older than you.

101     Overall, I am cautiously optimistic about your prospects for rehabilitation.  You are a young offender with a troubling and concerning past history of violence against persons.  You are however demonstrating an evolving maturity and you now recognise that you need to moderate your behaviour and learn to control your anger to avoid further offending. 

102     It is necessary for you to deal with your complex trauma issues so that you can regulate your behaviour and be a more productive member of your community.  It is important if you wish to be a positive role model for your daughter that you make the most of every opportunity that is offered to you whilst you remain in custody.

103     Ms Byrt sought a combination sentence on your behalf. Overall, I do not consider that the imposition sought of a Community Correction Order is appropriate. At the time of the offending, you were on a Community Correction Order that had been imposed for similar charges and attempts at supporting you and assisting you to deal with your offending were not successful.

104     Mr Harrison sought a term of imprisonment with a head sentence and a non-parole period.

105     In all the circumstances I consider that a sentence of imprisonment to be immediately served is just and appropriate punishment.

106     The formal Court Orders are, in respect to the one charge of recklessly causing serious injury, you will be convicted and sentenced to two years and six months’ imprisonment.

Indictment C2013883

107     During the course of the sentencing conversation, the court was made aware of outstanding matters that were yet to be dealt with in the Magistrates’ Court.

108     Given the delay that has already occurred in your sentence being imposed a decision was made to transfer those matters to the County Court to finalise all outstanding matters and to provide you with certainty of outcome. 

109     On Wednesday, 30 September 2020, you were arraigned and pleaded guilty to one charge of threat to inflict serious injury and a related summary charge of unlawful assault, as well as five theft charges. 

110     The maximum penalties for these offences are:

Theft – 10 years’ imprisonment;

Threat to inflict serious injury – 5 years’ imprisonment;

Unlawful assault – 3 months’ imprisonment.

111     I will sentence you on the basis of the Summary of Prosecution Opening dated 24 September 2020 that was read by the prosecutor. 

112     In brief, on 6 July 2019, in the early hours of the morning, you attended a Caltex Service Station in Broadmeadows and selected a number of items before attending the counter to pay.  The victim, Muzammil Malik, entered the store shortly after you and selected a number of items from the shelves. When he stood behind you, you said to him “do I look like a joke to you?”, to which he replied “no”. 

113     You then struck Mr Malik to the left hand side of his face with your right fist, causing him to drop the items he was holding.  He then backed away from you, and you said “I’m going to put a bullet in you”, before walking off.  Police were informed.

114     The assault caused minor soreness and swelling to Mr Malik’s cheek and bottom lip (Charge 1, threat to inflict serious injury, and Summary Charge 3, unlawful assault – CR-20-01147).

115     No Victim Impact statement has been filed on his behalf but common sense dictates that he would have been upset by your unprovoked attack.

116     The remaining charges, namely Charges 2-5 inclusive, are all theft charges . You entered various liquor stores and took bottles of alcohol and left the stores without paying, as set out in the following schedule:

Date	Place	Item(s) stolen	Value
8/7/2019	Liquor store attached to Coles Broadmeadows	1 bottle of Jack Daniels Gentle Jack	$66.00
31/7/2019	BWS, Drouin	2 bottles of Jack Daniels	$104.00
24/8/2019	BWS, Drouin	1 Litre bottle of Wild Turkey Bourbon	$61.00
27/8/2019	BWS, Drouin	2 bottles of 700mls Hennessey Cognac	$130.00

117     The final charge (Charge 6, theft), relates to an occasion on 6 September 2019. You were apprehended by police on that day whilst being present in a stolen vehicle along with two associates.  The vehicle (a white Range Rover) had been stolen on 2 September 2019 from the victim, Kan Lin, by unknown offenders.  The prosecution do not allege that you were responsible for the theft of the motor vehicle, merely that you are charged on the basis of your presence within the stolen vehicle when you were apprehended by the police.

118 Compensation orders were sought in relation to the various bottles of liquor that were stolen by you, pursuant to s86 of the Sentencing Act 1991. Having regard to your financial circumstances and the fact that you are currently in custody and will remain so for some time, and that you do not have any means to pay, I will exercise my discretion to not make an order in those circumstances.

119     I have had regard to all of the matters put in mitigation by Ms Byrt on your behalf in respect to these matters.

120     I note that this series of offending occurred around the same time as that for which you are being dealt with in respect to the first indictment. 

121     I have had regard to all of the facts and your personal circumstances. I propose to sentence you to a term of imprisonment. I have had regard to principle of totality.

122     There will be some cumulation to reflect the different offending.

123     In sentencing you, I must impose just punishment.

124     The formal court orders will be:

Charge 1, threat to inflict serious injury, convicted and sentenced to three months’ imprisonment;

Summary Charge 11, unlawful assault, convicted and sentenced to one month imprisonment;

Charges 2, 3, 4 and 5, convicted and sentenced to 7 days imprisonment in respect to each charge.

Charge 6, theft (motor vehicle), convicted and sentenced to six months’ imprisonment.

125     This makes a total effective sentence of six months’ imprisonment.

126     I direct that three months of this sentence be served cumulatively on the sentence imposed this day in respect to indictment K12349567.

127     The total effective sentence on the two indictments is two years and nine months.  I make the order that you serve one year and 6 months before being eligible for parole.

128     Having been convicted of Charge 6, theft of a motor vehicle, any licence held by you will be cancelled and you will be disqualified from holding a driver’s licence for a period of six months.

129     I declare that you have spent 395 days’ pre-sentence detention, and I direct that that be entered into the records of the Court.

130 I make the following declaration pursuant to s6AAA of the Sentencing Act, but for your pleas of guilty I would have imposed a term of imprisonment of four years to serve three years.