Director of Public Prosecutions v Downes
[2021] VCC 561
•7 May 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
| GENERAL LIST | |
| CR-20-01387 | |
| DIRECTOR OF PUBLIC PROSECUTIONS v LIAM DOWNES | |
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| JUDGE: | HER HONOUR JUDGE HASSAN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 11 February 2021 |
| DATE OF SENTENCE: | 7 May 2021 |
| CASE MAY BE CITED AS: | DPP v Downes |
| MEDIUM NEUTRAL CITATION: | [2021] VCC 561 |
REASONS FOR SENTENCE
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| Subject: | CRIMINAL LAW |
| Catchwords: | Sentence — trafficking in a drug of dependence – commercial quantity — trafficking in a drug of dependence — possession of a drug of dependence — plea of guilty — 3,4-methylenedioxy-N-methylamphetamine — MDMA — cocaine — cannabis L — methylamphetamine — tetrahydrocannabinol — psilocybin — N,N-dimethyltryptamine — ketamine — drug addiction — post-traumatic stress disorder — anxiety — depression — stimulant use disorder — Court Integrated Services Program — community correction order |
| Legislation Cited: | Sentencing Act 1991 (Vic); Drugs, Poisons and Controlled Substances Act 1981 (Vic); Crimes Act 1958 (Vic) |
| Cases Cited: | R v Verdins (2007) 16 VR 269; Akoka v The Queen [2017] VSCA 214 |
| Sentence: | Total effective sentence of 238 days’ imprisonment and community correction order of three years Section 6AAA declaration: three and a half years with a non-parole period of two years |
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms F Holmes | Office of Public Prosecutions |
| For the Accused | Ms S Lenthall | Papa Hughes Lawyers |
HER HONOUR:
1Liam Downes, you have pleaded guilty to one charge of trafficking in a drug of dependence in a commercial quantity (charge 1), for which the maximum penalty is 25 years’ imprisonment. You pleaded guilty to three charges of trafficking in a drug of dependence, for which the maximum penalty is 15 years’ imprisonment, and four charges of possession of a drug of dependence.
2I am satisfied on the balance of probabilities that your possession of these drugs was unrelated to trafficking in each of those drugs and in these circumstances, the maximum penalty is one year imprisonment or 30 penalty units or both.
3You have also pleaded guilty to the summary offence of dealing with the proceeds of crime, for which the maximum penalty is two years’ imprisonment.
4The offence of trafficking in a commercial quantity is a category 2 offence pursuant to s 3(1) of the Sentencing Act 1991 (Vic) and therefore, pursuant to s 5(2H) of the Act, the Court must impose a sentence of imprisonment, other than a combined sentence of imprisonment and a community correction order, unless a special reason exists under the Act.
5Tendered on the plea as exhibit 1 was a ‘Summary of Prosecution Opening’ which sets out fully the agreed facts and circumstances of your offending, which in brief terms were as follows.
6On 5 September 2019, you were living with your girlfriend, Lauren Brown, at 7 Ridge Road, Kalorama. This house belonged to your grandparents and you were allowed to live at the premises by your family after your grandfather died and your grandmother was moved into a new house.
7On 4 September 2019, the Croydon Divisional Tasking Unit obtained search warrants under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) and the Crimes Act 1958 (Vic) from the Ringwood Magistrates’ Court to search the premises.
8At 5:25am on Thursday 5 September 2019, members from the Croydon Divisional Tasking Unit executed the search warrants at the address. Police approached the property and at the front door announced that they were police and had a search warrant and demanded that the occupants open the door. That request was repeated three times and when it was apparent that entry was not going to be granted, police gained forced entry through the front and rear door. Once police gained entry, you were arrested in the lounge room and Lauren Brown was arrested in the hallway.
9Police then commenced to search the house. In the master bedroom, the police located cannabis in two plastic tubs next to the dresser, in a bowl on top of the dresser, in a zipped lock bag in the top drawer of the dresser and in a zipped lock bag on the floor of the wardrobe. The cannabis was subsequently examined and weighed by a botanist with the Victoria Police Forensic Services Centre. In total, the cannabis weighed 529.6 g (charge 3 — trafficking cannabis).
10On top of a cupboard in the dining room, police located 17 glass bottles containing a yellow liquid. The liquid was subsequently analysed by a scientist at the Victoria Police Forensic Services Centre. The analysis revealed that the liquid was tetrahydrocannabinol and that it weighed 366.4 g in total (charge 5 — possession of a drug of dependence).
11Police also searched the gardens surrounding the house. In the front yard, amongst some bushes, police located a black reusable shopping bag bearing the word ‘Platypus’. Inside the bag was a green Woolworths reusable bag which contained a large Tupperware container. Inside the Tupperware container there appeared to be quantities of different types of illicit drugs.
12The police seized the bags and its contents and conveyed it to the Victoria Police Forensic Services Centre so that its contents could be analysed. Analysis found that the Tupperware container contained the following drugs in the quantities and with the purities set out below:
(a) MDMA (ecstasy) — 140 g with a purity of 79% (111 g pure) (charge 1 — trafficking MDMA in a not less than commercial quantity). The MDMA seized was in excess of the commercial quantity threshold under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) on the basis of purity, being over 100 g pure.
(b) Cocaine — 0.03 g with a purity of 78% (charge 2 — trafficking cocaine).
(c) Methylamphetamine — 76.6 g with a purity of 1.6% (charge 4 — trafficking methylamphetamine).
(d) Psilocybin (magic mushrooms) — 49.5 g (charge 6 — possession of psilocybin).
(e) Dimethyltryptamine — 2.9 g (charge 7 — possession of dimethyltryptamine).
(f) Ketamine — 8.7 g with a purity of 8% and 0.03 g with a purity of 59% (charge 8 — possession of ketamine).
13Police also located $1,650 in $50 notes in the Platypus bag in the garden. Police also located cash in the house: $60 in a wallet in the wardrobe in the master bedroom and $225 in a purse in the loungeroom (summary charge 19 — deal with property suspected of being the proceeds of crime).
14The property had multiple CCTV cameras which were directed towards the front yard and the rear yards. The cameras captured you carrying the bag containing the drugs from the house and hiding it in the front garden on multiple occasions. The most recent time, prior to the search warrant being executed, that you were depicted carrying the bag into the garden to hide was at 1:42am on 5 September 2019.
15On 4 September 2019, Ryan Bradley, who was a friend of yours, was depicted attending at 7 Ridge Road, Kalorama and purchasing 1 g of cocaine from you for $360 (charge 2 — trafficking cocaine).
16You were interviewed by police at the Croydon police station. In the interview, you told police that you suffer from anxiety, depression and PTSD and that you had used cannabis since you were 12 or 13, when you had juvenile arthritis and it helped to manage your pain. You said cannabis also helped alleviate your PTSD symptoms.
17You admitted that the cannabis and the cannabis oil was yours, although you said you did not believe possession of cannabis oil was illegal.
18You initially denied the illicit drugs in the Platypus bag were yours, and you gave police what you now acknowledge was an untruthful account in which you said that the drugs must have been planted on your property and the Asian Triads may have been involved. When police showed you a ‘tick list’ indicating drug sales which was found in your bedroom, you again dishonestly told police that the document was from a couple of years ago, when you were forced to sell drugs for a Triad member.
19It was only when police told you that Ryan Bradley had told them that he had bought cocaine from you the day before that you apologised for lying and made admissions to trafficking.
20You told police you were a heavy user of drugs and some of the drugs were for your personal use and some you were intending to sell.
21You told the police that you thought the MDMA was worth about $20,000. You said you would buy 7 g of MDMA for $500 and sell it for $600, but a lot of it was for your personal use. You also admitted to buying cocaine for $280 to $300 per gram and selling it for $360 per gram.
22You said a lot of the cannabis was for your personal use, but you admitted to selling cannabis as well and making a profit of about $50 per ounce when you sold it. You admitted to possessing amphetamine (the substance contained both amphetamine and methylamphetamine) and told the police you purchased it from a person who had heavily cut it.
23You told the police that the ketamine, magic mushrooms and dimethyltryptamine was for your personal use. You admitted to making a profit from selling drugs but denied making large profits or acquiring expensive assets.
24You pleaded guilty to the charges on the indictment and the related summary charges on 27 October 2020. A committal hearing was scheduled to take place on this date, but the matter was resolved before it commenced, and it proceeded by way of straight hand-up brief. This is an early plea. It has saved the witnesses and the community the cost of a trial and this is of heightened significance given the delays and difficulties running jury trials caused by the COVID-19 pandemic. Your plea also demonstrates a preparedness to facilitate the course of justice and I am also satisfied that your plea, in conjunction with your admissions to police and your expression of remorse to forensic psychologist Carla Ferrari, with whom you spoke on 3 March 2021, are indicative of some remorse on your part, although I cannot find that you have demonstrated full and insightful remorse, given you have re-offended while on bail, about which I will have more to say later in these reasons.
25I turn now to your personal circumstances.
26You were born on 21 October 1995 in Ferntree Gully. You are presently 25 years old. You are one of three brothers. You are the middle child. Your father was an electrician, and your mother a homemaker. Your parents fostered multiple children when you were growing up, many of whom had behavioural issues. Ms Lenthall, who appeared on your behalf, submitted that the household you grew up in could be described as ‘hectic’. You told Ms Ferrari, who prepared a psychological report that was tendered at your plea, that your parents fostering children had adversely impacted on the family and your parents’ attention was constantly diverted. You described your parents as emotionally unavailable during your childhood. You did not enjoy living in the family home and moved out at 16 to live with your grandmother, with whom you are close.
27You completed your primary and secondary schooling, completing the VCAL (the vocational alternative to the VCE) at Heathmont Secondary College. During your schooling, you were subjected to ongoing and intense bullying.
28You suffered from juvenile arthritis and low muscle tone causing joint pain. You found physical activities such as playing sport with other children difficult. You continue to suffer chronic pain, which you attribute to your condition, and also to injuries that you have sustained throughout the years.
29After you left school, you started an apprenticeship with your father’s business as an electrician. You continued your apprenticeship for around six months, but the work was too physically demanding for you. Since this time, you have only managed to work intermittently as a labourer.
30You have been in a relationship with your co-offender Lauren Brown since you were in high school together. This has been your only serious relationship. You are both drug users.
31You told Ms Ferrari that you had used cannabis recreationally since you were 13 years old and that your consumption had increased over the years.
32You told Ms Ferrari that you had suffered a number of traumatic events since the bullying you endured during your school years. You told her you had been physically assaulted when you were 14 and again when you were 15. You said you experienced constant feelings of being unsafe, and that you were hypervigilant and suffered anxiety.
33You told Ms Ferrari that you and Ms Brown had travelled abroad together when you were around 19. You told her that you were both drugged and kidnapped from a bar in Amsterdam. You told her that you managed to escape. You told Ms Ferrari that subsequently, you experienced post-traumatic stress disorder and your anxiety symptoms became unbearable, as a consequence of which your drug use escalated. You told Ms Ferrari that you began using multiple illicit drugs, including MDMA and cocaine regularly. You also began to drink alcohol to excess.
34There is nothing to substantiate or corroborate your account of having been drugged and kidnapped in Amsterdam, and given some of your fanciful answers in your interview with police, I am sceptical that this incident in fact occurred in the way that you have recounted it. Nevertheless, I accept Ms Lenthall’s submission that it is of no real moment whether I believe or disbelieve that the Amsterdam incident occurred. What I do accept is that from around the age of 19, you have had a serious and entrenched polysubstance addiction and have experienced a marked decline in mental health.
35To your credit, you have sought treatment for your addiction on many occasions. You attended the DayHab aftercare program in 2018. Ms Bridgett Kirchner, a counsellor at DayHab for the last two years, gave evidence at your plea. Ms Kirchner gave evidence that DayHab is an addiction treatment centre aimed at long-term recovery. She said you had recently completed a 90-day residential rehabilitation in-house placement, and that upon conclusion of that placement, you have continued to attend the aftercare program. She said that you can continue to use the service as an outpatient for as long as you want, and this includes living in transitional housing supplied by DayHab. You are currently living in transitional housing at DayHab.
36You have also been treated by Carina Thomas, psychologist, for your anxiety and PTSD. Two letters dated 19 March 2020 and 9 February 2021 from Ms Thomas were tendered at your plea.
37Ms Thomas says that she treated you between 24 January 2019 and 28 August 2019, and again between 27 May 2020 and 23 September 2020. In her letter of 19 March 2020, Ms Thomas says you initially presented to her with signs of PTSD. She says you always presented in a highly anxious and erratic state. You told her you used marijuana and ‘micro doses’ of magic mushrooms, but denied using harder drugs. She recommended a formal mental health clinical assessment to confirm a diagnosis of PTSD.
38In her letter of 9 February 2021, she says you recommenced treatment with her after your grant of bail on these charges. You were granted bail on 29 April 2020. She says she discussed with you your strong commitment to adhering to your bail conditions. She said:
Liam remains highly committed to his rehabilitation and addressing both the symptoms of his trauma and his addictive behaviours. Given Liam’s strong and complex symptomology, I would support a full psychological assessment to confirm a formal diagnosis and ongoing suitable treatment to assist Liam in managing his mental health on a long term basis.
39You were admitted into the Court Integrated Services Program (‘CISP’) as part of your grant of bail. Your final progress report dated 14 October 2020 was tendered at your plea. It says that you engaged extremely well with the program and completed it successfully.
40Before you were bailed, you were placed on the Everton Mission Based Unit at the Ravenhall prison. This is a 25-bed therapeutic unit for offenders who have not previously served a lengthy custodial sentence.
41Drug and alcohol urine screening tests dated 7 October 2019, 23 October 2019 and 27 March 2020 from Ravenhall are all negative for the presence of drugs and alcohol. Also tendered at your plea was a bundle of certificates for various courses, including a course to address addiction which you completed in custody at Ravenhall.
42Unfortunately, much of the progress you have made to address your offending and your professed commitment to remain offence-free has been seriously undermined when in September 2020, you committed further offences of drug trafficking while on bail. You were arrested in a car in possession of two bags of cocaine and $13,000. You were also found in possession of magic mushrooms, cannabis and cannabis oil. You told police you had a debilitating addiction to ketamine, hallucinogens, cannabis and prescription drugs and that you needed to fund your own drug use and pay your drug debts.
43Ms Lenthall submitted that upon your release on bail, you were unable to cope with the conditions of lockdown imposed in response to the COVID-19 pandemic, and although she acknowledged that this was a massive setback in terms of your rehabilitation, she submitted that you are nevertheless still moving forward.
44Your father Gregory, who wrote a letter tendered upon your plea, says that he and your mother paid for your residential placement at DayHab after your relapse and rearrest in September 2020. You were bailed on your subsequent offending on 30 October 2020 after serving 14 days quarantine on entry, followed by a further period of remand in the mainstream unit at the Port Phillip Prison. This was at the height of the second COVID-19 lockdown in Melbourne.
45Letters were also tendered at your plea from Vanessa Houston, a counsellor at DayHab, and Justin Vincent from DayHab.
46Mr Vincent assessed you as being suitable for the 90-day residential rehabilitation program, which you undertook from 2 November 2020 to 25 January 2021. Mr Vincent says clients admitted to this program are supervised by trained staff 24 hours a day, seven days a week. Clients are also monitored by CCTV, and clients do not have access to mobile phones and other devices during the program. Clients are subjected to regular drug screening.
47You completed the program successfully. Ms Houston describes you as a ‘highly motivated, sincere, honest and a valued member of the therapeutic community’. She says she believes you have a ‘total commitment to [your] recovery from addiction’.
48I return to consider Ms Ferrari’s report. On the basis of her assessment of you and the psychometric testing that she conducted upon you, Ms Ferrari gives the opinion that you present with long-term symptoms of PTSD, generalised anxiety disorder (‘GAD’), major depressive disorder (‘MDD’) and stimulant use disorder. She says your substance abuse disorders have developed as a form of self-medication in response to trauma.
49Ms Ferrari says that her testing indicates you suffer severe levels of depression and anxiety, and severe levels of PTSD symptomology, which would be significantly affecting your mood, behaviour and general functioning.
50Ms Ferrari gives the opinion:
It is likely that Mr Downes would have exerted more control over his behaviour had his psychiatric symptoms been adequately treated and had he not been abusing drugs during the offending period. Substance use can heighten the impulsivity and immaturity present in developing young adults, leading to reduced self-inhibition and cognitive and behavioural self-control, poor decision-making and impaired judgement …
51On the basis of this opinion, Ms Lenthall submitted that Verdins limb 1 was engaged in sentencing you; that is, your moral culpability was reduced as a consequence of your impaired mental functioning at the time of your offending.[1] Ms Lenthall acknowledged in her submission that given the role that your drug-taking unquestionably played in your offending, the application of Verdins principles to reduce your moral culpability was modest, but given the interplay between your drug use and your mental health, it was still nevertheless engaged. She did not submit that any causal link between your drug use and mental health and your offending ‘substantially and materially’ moderated your moral culpability and gave rise to an exception to the mandatory application of Sentencing Act 1991 (Vic) s 5(2H).
[1] R v Verdins (2007) 16 VR 269 (‘Verdins’).
52I accept that submission and will allow for a modest reduction in my assessment of your moral culpability for your offending. Although yours was not impulsive or chaotic offending, rather, you ran a drug trafficking business, trafficking in multiple substances for profit, and it is clear that you knew what you were doing was wrong and unlawful, you have been drug addicted from an early age, and I am satisfied on the balance of probabilities that your own addiction and mental health difficulties and your offending are linked.
53Ms Ferrari goes on to give the opinion that imprisonment would weigh more heavily on you because of what she regards as your complex mental health and its potential to markedly decline in a custodial setting. On this basis, in conjunction with your youth and in the still difficult conditions in prisons necessitated by the COVID-19 pandemic, Ms Lenthall submitted that Verdins limbs 5 and 6 were engaged in sentencing you, and she further submitted that your impaired mental functioning would result in you being subject to substantially and materially greater than the ordinary burden or risks of imprisonment. On this basis, she argued an exception to the mandatory application of Sentencing Act 1991 (Vic) s 5(2H) existed.
54On the basis of Ms Ferrari’s report about your mental health and its potential to deteriorate markedly in a custodial setting, with the present circumstances potentially increasing that risk, I consider that you have established on the balance of probabilities that your impaired mental functioning would result in your being subject to substantially and materially greater than the ordinary burden or risks of imprisonment. Accordingly, Sentencing Act 1991 (Vic) s 5(2H) has no application to the sentence I impose on charge 1.
55That does not, however, necessarily rule out a period of imprisonment. Your offending, especially when viewed globally, was serious. As I have stated, you were trafficking in multiple substances. However, when viewed in isolation, charge 1 — trafficking in a commercial quantity of MDMA, the amount you trafficked was only 11 g over the commercial threshold. The quantity of the drug trafficked is a significant matter in assessing the objective gravity of the offence. I also need to consider the role you played in any trafficking activities. It appears to me that you were effectively operating your own independent and autonomous operation. You do not appear to have been answerable to anyone higher up in a drug dealing hierarchy. I regard your offending in regards to charge 1, and indeed charges 2 through to 4 of trafficking simpliciter, as low to mid-range seriousness for the offences.
56I turn now to the submissions of the parties.
57Ms Holmes, who appeared to prosecute, submitted that the offending was serious. She submitted the prosecution was particularly concerned about your relapse in September 2020, and the risk you pose of reoffending. She urged me to carefully examine any opinion on your mental health based solely on your own reports, given the untruthful and fanciful answers you gave police in your record of interview.
58Ms Lenthall submitted that a community correction order was within range, given your youth, that you have no prior criminal history, your physical and mental ill health, your plea of guilty, and to facilitate your ongoing rehabilitation, which she submitted continues despite the events of September 2020. She submitted that your time (90 days) in a residential drug treatment facility can be taken into account as a mitigating circumstance akin to pre-sentence detention, as was recognised by the Court of Appeal in the case of Akoka v The Queen.[2] I accept that submission and will give some mitigatory effect to the time you spent in a residential rehabilitation facility, although it does not count formally as pre-sentence detention.
[2] [2017] VSCA 214.
59Ms Lenthall referred me to a number of comparator cases which I have read and which have been of some assistance in sentencing you, although I must sentence you on the facts and circumstances particular to you.
60I had you assessed for a community correction order and you were assessed as suitable.
61In addition to specifying matters to which I must have regard in arriving at an appropriate sentence, the Sentencing Act 1991 (Vic) prescribes the purposes for which a sentence may be imposed. These are just punishment, deterrence, rehabilitation, denunciation, and protection of the community. A custodial sentence must only be imposed as a last resort.
62General deterrence — that is, the need to deter others from behaving as you did — just punishment, denunciation and community protection are all important sentencing principles in cases of drug trafficking. Drug trafficking is harmful to the health and wellbeing of the community. Those who seek to profit from the sale and production of drugs, without regard for the harm they cause, must expect stern punishment.
63I do not consider that your youth nor your mental health difficulties eliminate the need for general deterrence or significantly moderate its application, and indeed no submission was made to me to that effect.
64I also consider that the principle of specific deterrence is engaged, given your offending cannot be characterised as a single one-off incident, but that you operated a drug trafficking business of some standing and some organisation.
65I do consider your youth an important factor when I consider what emphasis I should place on fostering your rehabilitation in the sentence I impose.
66Your conduct in September 2020 has inevitably adversely affected my assessment of your prospects of rehabilitation, as well as my assessment of the risk you pose of reoffending.
67I am guarded about your prospects of rehabilitation but, whatever my assessment, given your youth and the efforts you continue to make to rehabilitate, supported by your parents, I must impose a sentence which strives to further your rehabilitation and maximise your chances to become a productive and law-abiding member of the community. It is in the community’s interests that I do so.
68Weighing all the various and often competing sentencing considerations as best I can, I intend to sentence you as follows.
69You are convicted on all charges.
70On charges 1 to 4, you are sentenced to an aggregate sentence of 238 days’ imprisonment, in combination with a three-year community correction order, the terms of which I will explain shortly.
71On charges 5 to 8, you are sentenced to an aggregate fine of $2,000.
72On the summary charge, you are sentenced to three months’ imprisonment, to be served wholly concurrently with the sentence on charges 1 to 4.
73Pursuant to s 6AAA of the Sentencing Act 1991 (Vic), had you pleaded not guilty, you would have been sentenced to a total effective sentence of three and a half years, with a non-parole period of two years.
74Pursuant to s 18(4) of the Sentencing Act 1991 (Vic), I declare that you have served 238 days of the sentence I have passed upon you, and I direct that this be entered into the records of the Court.
75I make the disposal and forfeiture orders sought by the prosecution. All right, Mr Downes, what that means is effectively I am not sentencing you to any more time in gaol. Do you understand?
76OFFENDER: Yes, your Honour.
77HER HONOUR: I am sentencing you to a combined sentence of the time served, which is the 238 days, in combination with a three-year community correction order, if you agree to that order. The conditions of that order, I will read out to you now. I am also sentencing you to a fine of $2,000 on some of the offences, but let me read out the terms of the community correction order. It will be for three years, so it will commence today and it will end in 2024. You must attend at Lilydale Community Correctional Services within two clear working days of the commencement of this order. I am not sure at the moment if that is still a requirement to attend, or if it is by way of a phone call, but you need to find out. Do you understand?
78OFFENDER: Yes, your Honour.
79HER HONOUR: The mandatory terms of this order are that you must not commit another offence for which you could be imprisoned. Most offences, not just serious offences like drug trafficking, but most offences at least carry a potential term of imprisonment. So you must not offend in any way, shape or form. Do you understand?
80OFFENDER: Yes, your Honour.
81HER HONOUR: You have got to comply with all the obligations and requirements set down under the order. You have got to report to Community Corrections within two clear working days. You have got to let a Community Corrections officer know within two clear working days of any change of address or job. You must not leave Victoria without first getting permission to do so. You must obey all lawful instructions and directions from the Secretary or the delegate. That is a person administering the order. The conditions that apply in addition to those mandatory terms are as follows. You must perform 300 hours of unpaid community work over the period of three years. I will order conditions of treatment and rehabilitation, and 50 hours of treatment and rehabilitation satisfactorily undertaken may be counted as hours of unpaid community work for the purposes of the order.
82You are going to be under the supervision of Corrections for the period of three years. You will have to undergo assessment and treatment, including testing for drug abuse and dependency. You will have to undergo any medical assessment and treatment that may be ordered, and you will have to undergo any mental health assessment and treatment that may be ordered under the order. Do you understand?
83OFFENDER: Yes, your Honour.
84HER HONOUR: If you agree to the order, you must appear at this Court for judicial monitoring by me. Your first attendance will be at 9:15am on 1 July 2021. That means that you will come to the Court and I will assess how you are going on the order. If there are any breaches of the order, whether by offending or not complying with the terms of the order, you can be re-sentenced and that can involve a term of imprisonment. Do you understand?
85OFFENDER: Yes, your Honour.
86HER HONOUR: Do you want a moment to speak with Ms Lenthall, or are you prepared now to consent to the order being made?
87OFFENDER: I should be prepared to consent. I think that’s fine, your Honour.
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