Director of Public Prosecutions v Dunn
[2023] VCC 1210
•23 June 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-02288
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| Rhiannon DUNN |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 June 2023 | |
DATE OF SENTENCE: | 23 June 2023 | |
CASE MAY BE CITED AS: | DPP v DUNN | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1210 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - SENTENCING
Catchwords: Plea of guilty - Attempted armed robbery – Causing injury intentionally – Bugmy – Covid-19 pandemic – Worboyes.
Legislation Cited: ss 5, 6AAA, 18 Sentencing Act 1991 (Vic)
Cases Cited:Bugmy v R (2013) 302 ALR 192; Worboyes v The Queen [2021] VSCA 169.
Sentence: Two years and seven months' imprisonment with a non-parole period of one year and five months' imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms E. Dane | The Office of Public Prosecutions |
| For the Accused | Ms I. Siriwardana | Victoria Legal Aid |
HER HONOUR:
1Rhiannon Dunn, you have pleaded guilty to five charges of attempted armed robbery and two charges of causing injury intentionally.
2You have also agreed to this court hearing, and pleaded guilty to a summary offence of committing an indictable offence whilst on bail.
Circumstances of offending
3There are seven victims to your offending. None of the victims had met or associated with you prior to these incidents.
4At the time of the offending you were on bail from the Latrobe Valley Magistrates' Court.
5The five incidents occurred between approximately 4.55pm and 5.15pm on 8 September 2022. The following is a summary only of your offending. The prosecution opening contains the full circumstances of your offending and is the basis upon which I sentence you.
Incident 1 – Attempted armed robbery
6At approximately 4.55pm on 8 September 2022, Mr Lawrence Santos was working as a door greeter at the front entrance of the Hyatt, Melbourne. You approached him and asked where you could buy cheap cigarettes. He told you he could not help. You took a step closer to him, drew out a kitchen knife from your right jacket sleeve, and held it up towards him, saying 'give me all your money'. As you stepped closer to him with the knife still raised, he grabbed your wrist and pushed you back. Mr Santos believed himself to be in imminent danger and at risk of being stabbed, so he fled back into the Hyatt and began yelling to gain attention of other employees. You fled the scene and Triple 0 was subsequently called.
Incident 2 – Attempted armed robbery
7You immediately walked a short distance from Mr Santos in the southerly direction on Downie Street and approached Mr Gagandeep Singh. At the time, he was in the company of three friends. You asked him if he had any cash. He saw the knife in your hand, but the handle was concealed.
8Mr Singh replied that he did not, causing you to become enraged. You held up the knife towards his chest while questioning why he did not have money. Mr Singh felt immediate fear of you.
9You said 'give me cash or I will attack you' and lunged at him with the knife causing him to take evasive action and jump away. Mr Singh then fled behind a parked vehicle. His friends then all stood and walked together towards you in an attempt to scare you away.
Incident 3 – Intentionally cause injury
10You immediately fled from Mr Singh and his friends continuing in a southerly direction towards Flinders Street. You crossed the road and walked directly at Mr James Pyke who was standing on the corner of Downie Street and Flinders Street smoking a cigarette.
11You approached and held up the knife to Mr Pyke's face in an attempt to rob him of his cigarettes. Mr Pyke took immediate evasive action and pushed you away, causing you to fall backwards on your back onto the road.
12As you were falling back, you slashed at Mr Pyke's face with the knife. You then got up and rushed at Mr Pyke stating 'I'm going to stab you'. You then lunged at him and stabbed him in the stomach with the knife.
13As a result of your actions, Mr Pyke sustained a large laceration under his left eye measuring approximately five centimetres in length and a three centimetre wide stab wound to his stomach. Mr Pyke was transported to the Royal Melbourne Hospital and admitted overnight regarding the stab wound to his stomach and then continued to obtain care from his local practitioner.
14You fled on Flinders Street, towards the intersection of Flinders and Spencer Street.
15Shortly after, you entered a 7‑Eleven store and purchased various food and drink items. You told the store attendant who served you that you had a knife but you were not going to hurt him and he observed your hands to be bloody. You left the store and walked in a northerly direction on Spencer Street.
Incident 4 – Attempted armed robbery and intentionally cause injury
16After leaving the 7‑Eleven store, you stood on the footpath of Spencer Street with the knife in your hand. CCTV captures your movements, including you eating something and approaching an unidentified member of the public, who managed to hurry away, with your knife raised.
17Ms Julia Khu and Serina Hunt, sisters, then captured your attention as they approached from the opposite direction while walking to meet their cousin and go out to celebrate Ms Khu's birthday.
18You followed them, initially directing the knife towards Ms Hunt. You then quickly lunged towards Ms Hunt holding the knife at her chest area, causing her to stop walking and step back in fear. You held the knife towards Ms Hunt and made demands for money. Ms Hunt said that she did not have any money and then you made a further demand for her bag and Ms Hunt replied that she did not have a bag.
19Ms Khu observed her sister Ms Hunt being accosted by you but was standing behind you and so did not see the knife in your hand. She intervened between you and told her sister 'let's get out of here'.
20As a result of the intervention, you turned to Ms Khu and followed her with the knife. You held the knife against Ms Khu's throat forcing her backwards against a wall. You made an attempt to slash at her, she raised her arm to shield her face and then immediately felt a sharp pain in her right hand.
21As a result of shielding her face, Ms Khu sustained a severe five centimetre laceration to her right hand between her thumb and index finger, causing substantial bleeding.
22Ms Khu and Ms Hunt fled to the 7‑Eleven to seek first aid and separate themselves from you. Ms Hunt contacted Triple 0 and whilst waiting for the ambulance, Ms Khu lost consciousness and collapsed.
23Ms Khu was taken by Ambulance to the Alfred Hospital and admitted overnight. Ms Khu underwent surgery the following day to repair the wound to her hand including repair to nerve, artery and muscle damage. Ms Khu continues to experience numbness in her right thumb.
Incident 5 – attempted armed robbery x 2
24You were then seen to remain in the same location and further direct your attention to an unknown female who was walking past you at the time. You stepped in front of the female and blocked her path whilst holding the knife towards her. While you were confronting the female, Ms Radbourne walked past and drew your attention.
25You then forced Ms Radbourne against a wall holding the knife pointed towards her throat, demanding that she give you her money and purse. Mr Allred then arrived and intervened to assist Ms Radbourne. You then demanded money from Mr Allred.
26Mr Allred and Ms Radbourne both informed you that they did not have any money. You then leaned against a wall and dropped the knife saying 'I don't want to do this'. Mr Allred collected the knife and offered to take you to the 7‑Eleven to buy you food. Ms Radbourne retrieved food from her own bag and offered it to you. When your attention was on Mr Allred, Ms Radbourne fled from the location, breaking down in tears. She has since advised the informant that she has obtained ongoing trauma counselling and missed work for a time because of your offending against her.
27You then demanded that Mr Allred give you back the knife stating that the knife he had would not protect him as you had another knife in your bag. Mr Allred placed the knife on the ground and walked away from you.
28Ms Radbourne started to call Triple 0 but then saw police arriving, so she flagged them down instead.
Incident 6 – uncharged
29You were then seen to pick up the knife and confront two unidentified males walking past you at the time, directing the knife at them, forcing them onto the road into heavy traffic. You then fled north on Spencer Street, turning East onto Flinders Lane towards the Holiday Inn at 575 Flinders Lane, Melbourne
Arrest and interview
30You were then captured on CCTV entering the underground carpark of the Holiday Inn on Flinders Lane. Shortly after, police members from the Critical Incident Response Team attended the carpark and located you in a small area.
31Police called out to you to exit, which you did. As you were doing so, you informed police that you had left the knife in a cardboard box.
32Police issued you formal cautions and you indicated that you had not meant to hurt anyone and that you only wanted to get food.
33You were then transported to Southbank Police Station where you were interviewed by police and were remanded in custody where you have remained since.
Gravity of offending
34Ms Dunn, your offending is inherently serious, as reflected by the maximum penalties. Your offending involves seven separate victims, who were simply going about their daily lives when you randomly confronted them. You were drug affected at the time, presenting aggressively and erratically. Although there are no victim impact statements I accept that your offending would have been confronting. On the agreed summary it appears to have had an ongoing impact on Ms Radbourne and required medical treatment and/or intervention for both Mr Pyke and Ms Khu.
35In assessing the objective gravity of your offending, I accept that your offending was not planned or premeditated but rather it was opportunistic. While you were in possession of a kitchen knife, you told Forensic Psychiatrist Dr Nina Zimmerman that you always carried this around for protection, in the context of being a homeless woman. You acted alone and there was no attempt to conceal your identity at the time of your offending which I note took place in the city at approximately 5.00pm. While there are multiple victims and separate offences your entire period of offending was about 20 minutes.
36I had the benefit of viewing the video footage of your offending. It confirms that your offending was of a very short duration, at times a matter of seconds, and that you appeared to have gone in quick succession from victim Santos, to Singh and then Pyke. There was a short break when you attended the 7-Eleven store. You then approached Hunt and her sister, and then almost immediately victims Radbourne and Allred. Without detracting from the confrontational or serious nature of your offending, the video does capture its chaotic, unsophisticated and fleeting nature. Taking into account all the circumstances, I consider your individual offending to fall at the lower end of seriousness. The volume of your offending and the separate victims involved will of course require the consideration of cumulation, concurrency and totality.
37You told Dr Zimmerman that in the months leading up to the offending things were difficult. You had been living with your mother in Morwell but given your escalating drug use you could not continue to care for her and she was placed in an aged care facility. No longer having your mother there to keep some limits on your drug use, it escalated. You were initially homeless, living on the streets, using all your money on ice. You were then the victim of sexual offending, about which you complained to the police, though I was told the briefs were not authorised. You then spent a couple of weeks at the Safe Steps family violence service in Dandenong in June 2022, but this was unsustainable. You moved to the ex‑partner of a friend, who ended up kicking you out because you refused to sleep with him. As your Counsel put it, in the lead up to the offending there was a 'melting pot of multiple factors coming together'.
38Your drug use spiralled out of control and you told Dr Zimmerman that you then 'started going into psychosis' and thought rapists were following you. On the day of the offending, you had consumed a combination of alcohol and drugs. You were waiting for your father to put money into your account, had run out of cigarettes and were desperate for some. Once you commenced your offending this day, you continued, knowing you would be going to gaol and hence had nothing to lose. Dr Zimmerman considers that your presentation on the day of the offending – that is, chaotic, disorganised and paranoid – was consistent with the features that are often seen in someone intoxicated with methamphetamines.[1]
[1] Paragraph 101 of the report of Dr Nina Zimmerman of 19 May 2023.
Plea of guilty
39Ms Dunn, you have entered a plea of guilty which entitles you to a substantial discount in sentence. Your plea of guilty demonstrates your willingness to facilitate the course of justice. It also represents an acceptance of responsibility for your offending and remorse. I also accept that you expressed some remorse to the attending police officers on the day and during subsequent treatment. Your plea of guilty is of significant utilitarian benefit and will also result in a greater amelioration of sentence in line with the Worboyes[2] principles.
[2] Worboyes v The Queen [2021] VSCA 169.
Personal circumstances
40Your personal background was canvassed by your Counsel, Ms Siriwardana, in a thorough and well considered plea. It is a background marred by abuse, dysfunction and disadvantage.
41You grew up in Traralgon, Morwell and Moe and for a period lived interstate in Adelaide before starting primary school.
42Your father was in and out of prison and on and off drugs during your childhood. Your mother drank heavily and you were removed from her care on several occasions. You have several siblings including your younger brother Teagan Dunn. Teagan has provided an insightful letter to the Court reflecting upon your childhood and background. He describes you as both 'endur[ing] significant physical, mental, and emotional abuse, as well as neglect' at the hands of your mother and also in foster care. By way of an example of the family violence you experienced, he recounts your mother severely beating you when, at the age of seven, you accidentally spilt milk. He refers to your mother drinking daily and openly using drugs in front of you. He also recounts how you took on a parental role at a young age.
43As a child you were deprived stability, safety, parental support and guidance. You cycled in and out of out-of-home care and your mother's custody for years. Even while in your mother's care you experienced homelessness. Growing up you witnessed extreme violence directed at your mother by various partners. As a child you were also sexually abused and you report that your first memory of such abuse was at around the age of eight, in foster care.
44Unsurprisingly you experienced a disrupted and limited education, and you left school in around Year 8. You had some very limited employment after this time in fast food venues.
45Within the context of your family dysfunction and early exposure to drugs at the young age of 13 you started smoking cannabis. This marks the beginning of your use and addiction to substances which has afflicted you for most, if not all, of your adult life. When you were 20 years of age, you were prescribed Lyrica. This soon spiralled into an addiction, where you were taking two to eight tablets of Lyrica daily. In your mid-twenties you started using methylamphetamine. You first started smoking the drug and then using intravenously.
46As for your past relationships, they have also been marked by drug use and violence.
47At the age of 17 you moved in with a partner who was considerably older than you. You experienced violence in the relationship and ending up fleeing, obtaining your own housing commission home at around the age of 20.
48Two to three years later you moved to Queensland having met someone new. However, this lasted for only a year as your mother became ill. Your mother came to live with you for a short time in Queensland but you found yourself homeless again so returned to Victoria. Your relationship with your mother was obviously fraught and complex, and in her last remaining years you did your best to try and care for her.
49In 2018 you and your mother were living in temporary and transient accommodation in Morwell. Eventually you secured housing. In this period you were your mother's primary carer. She was suffering from emphysema. Eventually her mobility became impaired, and she relied on you to help her attend to personal hygienic needs and to care for her.
50In 2022 your addiction to methamphetamine continued to spiral and you were unable to commit to the care of your mother and so you placed her in a nursing home and as I have already mentioned, your circumstances continued to deteriorate. Your mother passed away on 22 December 2022, while you were in custody.
51You have a relevant, but relatively limited, prior criminal history. Your last appearance was in 2021 when your received a with conviction adjourned undertaking for contravening a family violence final intervention order. This is your first experience in custody.
Bugmy principles
52Your counsel submitted that the Bugmy[3] principles apply in your case. The case of Bugmy stands for the proposition that profound childhood deprivation is directly relevant to sentencing in and of itself. This is so because it is likely that moral culpability will be reduced for someone whose early years have been marked by such disadvantage.
[3] Bugmy v R (2013) 302 ALR 192.
53The effects of such hardship do not diminish over time and full weight must be given to those matters in sentencing. Bugmy principles are relevant to the Court's assessment of moral culpability for the offence itself, and also for the Court's consideration of the weight to be given to your prior criminal history.
54I accept that your childhood involved significant hardship, neglect and deprivation. I am satisfied that your moral culpability for the offending is reduced and that it also puts into context your prior criminal history.
55Dr Zimmerman summarises your early years, marred by significant traumas, including an absent father who was in and out of prison, a mother who was dependent on alcohol, sexual abuse and constant movement between home, foster care and within the school system. In your adult years you have experienced homelessness, domestic violence and you remain:
…extremely vulnerable to trauma and abuse, as is evidence in [your] account of [your] life in the months leading up to the offending.[4]
[4] Paragraphs 87-89 of the report of Dr Nina Zimmerman of 19 May 2023.
56Dr Zimmerman considers that your repeated exposure to trauma and disrupted attachments has been pivotal in impacting on your developing personality. She states:
Ms Dunn's developmental experiences have left her with poor sense of self‑esteem and identity, few stable and positive attachments in her life and an impaired ability to cope with stress or negative emotions other than by using drugs. She has an enduring pattern of poorly regulated emotions with expression of fleeting but intense anger, rapidly fluctuating emotional states, suicidal ideation, disregard for rules and pattern of breaching societal norms.
57 Of course, Ms Dunn, this does bring into sharp focus the importance of community protection as a sentencing consideration in your case.
Mental health
58You have a documented history of experiencing depression and anxiety. When you were 25 years of age you attempted to hang yourself. Shortly after being remanded there were documented concerns about your suicide risk and self-harm.
59In her report Dr Zimmerman states that you meet the criteria for polysubstance use disorders, particularly prescription medications, cannabis and methamphetamines.[5]
[5] Ibid, paragraph 91.
60Dr Zimmerman considers that it is not appropriate to make a firm diagnosis of personality disorder on the basis of a single interview but does state that your symptoms and features are all suggestive of cluster B personality difficulties of a borderline/antisocial type.[6] As for your report of hearing voices, she could not account for this but did not consider that there was any evidence of a psychotic illness.[7] She states that your impulsive and reckless personality traits and intense, labile emotions including intense anger have been exacerbated by your use of substances.
[6] Ibid, paragraph 92.
[7] Ibid, paragraph 94.
61As for your ability to cope in custody, Dr Zimmerman notes that while your 'personality difficulties' may cause you to struggle to manage conflicts and stresses, in custody you have made some positive improvements in your life.[8]
[8] Ibid, paragraphs 103-104.
Custody
62This is your first experience of custody, Ms Dunn. You had Covid-19 when you arrived in prison and you were consequently placed in isolation. You spent initially about six months in a unit that caters for women with complex needs. You work in the Food Preparation area and you are studying for your Certificate II in IT. You intend on getting your Certificate III and then would like to work in IT in the future. You also attend a group called Strengthening Connections and another addressing living free from violence. You see a counsellor from West CASA. A bundle of prison certificates were tendered at your plea as to the efforts that you have been making in custody. I was also provided with extracts from your Learning Plan which indicate that you are motivated to learn and better yourself and describes you as 'very personable' and able to engage.
63You have not received any visits while in custody but you have had some Zoom contact with your half-brother, Teagan. As I have already noted, he had provided an insightful letter. He also describes you fundamentally as someone who is 'sensitive, caring and empathetic'. I was also informed that you have met your partner in custody and are now engaged.
64You had been coping relatively well in prison until your mother died in late December of last year. Your grief was compounded as you were not allowed to attend her funeral as your paternal grandparents have an intervention order out against you. This is a matter that I have also taken into account.
65Extracts from your Justice Health Records indicate that in custody, your primary diagnosis is 'complex Post Traumatic Stress Disorder' and you are engaging in treatment. As Dr Zimmerman notes, this disorder overlaps considerably with borderline personality disorder in terms of symptoms and appropriate treatments.
Prospects of rehabilitation
66Your prospects of rehabilitation Ms Dunn largely depend on your ability to remain drug free in the community and to engage in appropriate supports.
67Dr Zimmerman considers that your personality traits of impulsive and dysregulated emotions will make stable engagement with rehabilitation difficult. To maximise your chances and reduce the risk of recidivism, she recommends a range of environmental and individual interventions, as outlined in her report, including appropriate stable accommodation and counselling targeted both at substance misuse and difficulties regulating emotions, through organisations such as HiROADS.
68In assessing your rehabilitative prospects I also take into account the considerable efforts that you have been making in custody, as already canvassed, and the ongoing relationships that you have.
69A letter from your CASA counsellor, Sam Taylor, was also provided. She has been working with you since mid-November 2022 and you have so far had ten sessions together. You engage well and you are willing to work to process your extensive trauma. She will continue to work with you in custody and is able to complete a referral for counselling in the community when you are released. She describes you as showing insight and a determination to achieve your goals and states that you have been proactive in seeking out services that you feel will be able to support you moving forward.
70I also received a letter from Emma Docherty, Arrest Referral Worker within the RhED program at Star Health, St Kilda. You referred yourself to the program in November 2022 and you were inducted in February of this year. You were assessed and have been placed on the waitlist to be allocated a drug and alcohol counsellor and you have also completed an active Victorian Housing Register application. Closer to your release date, you will be re-linked with Women's Housing to ensure an appropriate temporary accommodation is sourced, and you will also be referred to the RhED Pathways Case Management Program, which provides long term generalised case management in the community.
71In custody a referral to Forensicare was made and since September 2022 you have met with psychiatrist Dr Mazzolini and so far have had six sessions with him.
72At the age of 29 you are still a relatively young woman. While it is of obvious concern to the Court that your offending appears to have escalated and you offended whilst on bail, in recent times Ms Dunn you have demonstrated a commitment and a capacity to be resourceful and to try and address the complex issues that underlie your offending. The steps you have taken offer the Court some confidence that you are committed to your rehabilitation and that your experience of custody has indeed caused you to 'turn the mirror on yourself'.
Sentencing principles
73The basic purpose for which a Court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. I have already referred to the application of Bugmy principles in your case and I do consider that they mitigate the overall sentencing process, as I have already canvassed.
74I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 (Vic) where relevant in your case.
75I have had regard to current sentencing practices and in particular to the cases referred to by your Counsel. The current sentencing practices are of course but one factor to consider and each case ultimately turns on its own facts and circumstances.
76In your case, Ms Dunn, there was really no dispute between the parties that your offending does warrant a term of imprisonment and a substantial term, given its seriousness and you have heard what I have had to say about the offending itself. I agree, and on my assessment the only just and appropriate sentence in your case is one of imprisonment for a substantial period of time.
77Your offending occurred while you were on bail thus resulting in the statutory displacement of the presumption of concurrency.[9] I must still pay regard to the important principles of totality and proportionality and avoid imposing a crushing sentence. Totality will be reflected in the orders for cumulation and concurrency.
[9] Offending for which you were subsequently placed on a deferral.
Sentence
78Synthesising all relevant matters as best I can, you are convicted and sentenced as follows -
79Charge 1, attempted armed robbery, ten months' imprisonment.
80Charge 2, attempted armed robbery, ten months' imprisonment.
81Charge 3, intentionally cause injury, 13 months' imprisonment.
82Charge 4, attempted armed robbery, ten months' imprisonment.
83Charge 5, intentionally cause injury, 12 months' imprisonment.
84Charge 6, attempted armed robbery, ten months' imprisonment.
85Charge 7, attempted armed robbery, ten months' imprisonment.
86On the summary offence and there is the one summary charge of committing an indictable offence on bail - that is correct, Ms Dane?
87MS DANE: Yes, Your Honour.
88HER HONOUR: Thank you. Seven days' imprisonment.
89Order for cumulation are as follows: Charge 3 is the base sentence. I am proposing and I will cumulate the following: Charge 1 three months; Charge 2 three months; Charge 4 three months; Charge 5 four months; Charge 6 three months; Charge 7 two months.
90That arrives at a total - or it should arrive counsel - you will also double check this for me. That should arrive at a total term of 31 months, which is two years and seven months' imprisonment. I will give Counsel an opportunity to check that.
91The seven days on the summary offence is to be served concurrently. I have taken it into account in my assessment of the principal offending. Now does that arrive at two years and seven months?
92MS DANE: Yes, Your Honour, I get 31 months.
93HER HONOUR: All right. And Ms Siriwardana?
94MS SIRIWARDANA: Yes, Your Honour. I do as well. I'm a bit slow on the maths, yes, thank you, Your Honour.
95HER HONOUR: All right. The pre-sentence detention then is 292 days which is approaching ten months, is that right?
96MS SIRIWARDANA: Yes, Your Honour.
97 HER HONOUR: Okay. Ms Dunn, that brings me next to the non-parole period that I am proposing to set in your case. I have given this great thought and I have considered that what might be described as a lower than usual non parole is justified given the matters raised in your plea, including your traumatised and disadvantaged background, that this is your first experience in custody and the very real efforts you have made towards your rehabilitation. I consider the period that I fix will maximise your rehabilitative prospects and best protect the community in the long run. I am fixing a term, a non-parole period of 17 months, which I consider to be in all the circumstances appropriate here, for the reasons I have outlined.
98 Pursuant to s18 of the Sentencing Act1991 (Vic) I declare that you have served 292 days in pre-sentence detention.
99 Pursuant to s6AAA but for your plea of guilty I would have sentenced you to an approximate period of four years and two months’ imprisonment and a non-parole period of some two years and seven months’ imprisonment.
100There was a disposal order sought. That was sought without opposition, is that right?
101MS SIRIWARDANA: That is correct, Your Honour.
102HER HONOUR: All right, I make the disposal order in the terms that were sought.
103Counsel, is there anything else required?
104MS DANE: Nothing further, Your Honour.
105HER HONOUR: Counsel, thank you very much for your assistance. We will adjourn the Court.
106MS DANE: As Your Honour pleases.
107MS SIRIWARDANA: It please the Court.
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