Director of Public Prosecutions v Edenborough

[2016] VCC 1738

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01704

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANDREW EDENBOROUGH

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JUDGE:	HER HONOUR JUDGE COHEN
WHERE HELD:	Melbourne
DATE OF HEARING:	10 & 18 November 2016
DATE OF SENTENCE:	18 November 2016
CASE MAY BE CITED AS:	DPP v Edenborough
MEDIUM NEUTRAL CITATION:	[2016] VCC 1738

REASONS FOR SENTENCE
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Subject:  Sentencing; trafficking drug of dependence

Catchwords:             Plea of guilty; trafficking by attempted manufacture of methylamphetamine; possession of multiple small quantities of steroids and other drugs; no prior criminal record; good prospects of rehabilitation

Cases Cited:Boulton v The Queen; Clements v The Queen; Fitzgerald v The Queen [2014] VSCA 342

Legislation Cited:     Sentencing Act 1991 s 6AAA
Sentence:                  TES: CCO of 30 months duration; fine of $1250.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr W. Stougiannos	OPP
For the Accused	Mr B. Lindner	Rainer Martini & Associates

HER HONOUR:

1Andrew Edenborough, you have pleaded guilty to one charge of trafficking in a drug of dependence, namely, methamphetamine, between 17 December 2012 and 25 November 2014, and one charge of possession on 25 November 2014 of drugs of dependence, namely, testosterone, trenbolone, cocaine, methandienone and cannabis. 

2The maximum penalty for Charge 1, of trafficking in a drug of dependence, is 15 years imprisonment. For Charge 2, the maximum penalty in your circumstances is 30 penalty units or one year’s imprisonment, or both.

3You will not be receiving sentences anywhere near those maximum penalties but I must take them into account as reflecting the relative seriousness with which Parliament, on behalf of the community, regards potential offences of these types.

4The first charge is based on behaviour by you between 17 December 2012 and 25 November 2014 relating to steps you took towards manufacturing the drug methylamphetamine.  During that period you purchased considerable quantities of scientific equipment and apparatus and precursor chemicals for the making of amphetamine type drugs.  You also acquired, or had in your possession, documentation and notes of instructions or formulae, for the making of this type of drug. 

5Details are set out in the summary of prosecution opening, that was tendered, of how you came to police attention through the monitoring of suspicious purchases or attempted purchases of a number of precursor chemicals which may be used for the manufacture of amphetamines. In 2014 an investigation was started into activities by you and some others in relation to suspected manufacture and trafficking of amphetamine type substances, and on 25 November 2014 a search warrant was executed at your house, and much equipment and some other evidence of attempts at manufacture of methylamphetamine were found.

6In brief summary, there had been declarations completed by you, or associated with you, which gave false explanations of the intended use of the quantities of equipment or chemicals you sought to purchase, such as for research or educational purposes.  The first of these declarations was dated 17 December 2012, being the commencement of the period covered by Charge 1.  Another was in January 2013, three more in February, 2013 and the last in April 2014.  For some, staff where you had sought to make the purchases were suspicious, and the purchases were denied, but from what was found at your house, it is believed that you subsequently purchased the substances you have been refused from a chemical supplier in the United States.

7On 25 November 2014, when police executed a search warrant at your home, they found scientific glassware, equipment and apparatus, and varying quantities of 15 different chemicals which can be used in the manufacture of amphetamine type drugs.  There were various vessels and glassware containing unknown liquids and solids, believed to be waste by-product from manufacturing amphetamine type substances.  There was also printed and handwritten literature, documentation and notes, detailing chemical formulae, instructions and lists of equipment and materials required to manufacture such substances.  There were invoices and delivery documents from various companies for the scientific glassware and chemicals.  There was also a note indicating that, with your knowledge, other people had tried to manufacture the drugs at your house in your absence.

8You were subsequently arrested and interviewed by police.  You admitted to purchasing a quantity of scientific glassware and equipment, researching and collecting various literature and notes on how to manufacture this type of drug, and giving thought on a number of occasions to manufacturing amphetamine type substances.  However, you stated that you had not actually manufactured amphetamine type substances. 

9Subsequent forensic testing disclosed that in one bottle containing orange liquid there was seven grams of methylamphetamine, but not in useable form. There was also a small quantity of amphetamine and 4.6 grams of dimethylamphetamine, which apparently is a derivative of methylamphetamine.

10The definition of “trafficking” a drug of dependence includes preparing a drug of dependence for trafficking, and manufacturing a drug of dependence, and the prosecution case against you under Charge 1, is based on these parts of the definition.  There is no evidence of you selling or being involved in sales of the drug. The prosecution accepts that the drugs present were not in useable form, but the case against you is that you had been attempting to manufacture methylamphetamine, ultimately in useable form,  that you had produced some produce, even if you had not realised it, and that you intended to keep trying to prepare or refine that drug. 

11The allegation of your trafficking between the dates alleged, namely, over a period of some 23 months, is based on when you commenced purchasing precursor chemicals for the manufacture of methylamphetamine, until when police found what they did at your house. 

12Charge 2 is a rolled-up charge in relation to amounts of five other drugs of dependence which police found when they searched your home on 25 November 2014 where you lived alone. Specifically, there was 9.7 grams of testosterone derivitives, nine grams of trenbolone derivitives, 0.1 gram of a mixture of cocaine and methylamphetamine, 5.8 grams of methandienone and 11.9 grams of cannabis.  It is accepted by the prosecution that these drugs were not in your possession for a purpose related to trafficking in them. 

13I must assess the seriousness of this offending and your role in it. 

14The maximum penalty for Charge 1, as I have said, is 15 years imprisonment, which reflects the objective seriousness with which Parliament regards such offending. 

15As already stated, trafficking does not necessarily require actual or even attempted sales, and in this case, the allegation is that you were preparing, or attempting to manufacture methylamphetamine, and had in fact achieved some production of that drug although not in a useable form, and were intending to continue to manufacture, or try to manufacture, or refine it.

16Your counsel submits that I should regard your offending as at a low level of seriousness for this offence because your purpose in doing this was to produce methylamphetamine for your own use, as you had reached a substantial dependency on it, and because you were still experimenting and did not know you had succeeded in actually producing any of the drug.  It is also said that the note found in your house, left by associates who had tried to manufacture methylamphetamine in your home, implied that they also had not succeeded. 

17In order to be satisfied that you intended drugs you produced to be sold or supplied to others, I would need to be satisfied of that fact beyond reasonable doubt, and the prosecution does not submit that I am in a position to do so.  Clearly, the evidence available does not enable me to make that finding. 

18On the other hand, to be satisfied that your sole purpose for engaging in this offending was to produce the drug for your own use, by way of mitigation, that is lessening your moral blameworthiness, I would need to be satisfied of that factor on the balance of probabilities. 

19There is no evidence of sales or even intended distribution such as contact lists and no sign of lavish lifestyle or reflection of you having made money from drugs.  There are, however, as the prosecution points out, invoices which show substantial money, apparently spent by you, to buy considerable quantities of equipment and chemicals.  There is also the evidence that, at least on one occasion, you let other people come to your house and to use the equipment to try to manufacture the drug.  Although the evidence only indicates that your actions in this enterprise were intermittent, consistent with your primary commitment of time, as I have been told, being to your employment, and over this period, retraining, I am not satisfied on the balance of probabilities that your actions were intended to produce drugs solely for your own use.

20In the end, I make no finding one way or the other, as to whether your involvement was solely to produce the drug for your own use. 

21In assessing the seriousness of your involvement, I take into account that there is no evidence of any financial gain by you.  As I have said, there is no evidence of actual sales of drugs, nor prospective distribution by you.  I take into account that your activities do not appear to have reached the point of producing a useable product.  However, there was obviously an ongoing involvement by you which lasted for almost two years, even though only intermittently, in that most of the equipment and chemical purchases were made more than 18 months before you were arrested, the last required chemical purchased in the last few months.  Even if only intermittently, you had retained an interest or intention to achieve manufacture of this drug of dependence. 

22Taking all of these aspects of your role into account, I assess your offending as falling at a relatively low level of culpability for an offence of trafficking in methylamphetamine, but not at the lowest conceivable level.

23General deterrence must, nevertheless, be an important sentencing factor in this case.  There is a strong need, in a case such as this, to send a message to discourage anyone tempted to engage in this type of activity, that it will attract serious punishment.  It is important that such offending be discouraged and denounced for the harm done by drugs of this type within our community.

24As to the other drugs in your possession, that are the subject of Charge 2, I am told that the cannabis was found tucked down your couch and was old and you had forgotten about it as you had not attempted to use cannabis for some time.  As to the small amount of cocaine and methylamphetamine mix, that is 0.1 gram, I am told that it was found in a bedside table and that is consistent with being for your own use. 

25The other three drugs are steroids and I am told that you were in possession of them to assist in your body building and gymnastic activities.  It is not alleged that any of these drugs was in your possession for any purpose relating to trafficking, and that means that a lower maximum penalty applies, than had your possession been found to relate to the purpose of trafficking. 

26I accept that the circumstances and quantities would put the possession of these drugs at a relatively low level of seriousness for this offence, although in my view, the fact that there were five different drugs that you were prepared to have in your possession when you must have known you ought not, does increase your culpability. 

27Charge 2 is a rolled-up charge, covering all five types of drug found, so you will receive a single sentence to cover the whole of that behaviour, that is the possession of the five different types of drugs of dependence. 

28Again, general deterrence to discourage others, must be applied in reaching a sentence for that charge. Also specific deterrence to discourage you from possessing any of these types of drugs in the future.

29I take into account in your favour that you made some admissions at the time of your interview with police and have pleaded guilty to these charges, although not until within two weeks of the date for which your trial was listed in this court.  I am told that originally there were multiple charges for the behaviour that has been rolled-up into Charge 2 thereby lessening the number of charges against you.

30Notwithstanding a relatively late plea of guilty, there is still utilitarian value in your plea of guilty, by saving the time and cost of a disputed trial, and even though there had not been a plea of guilty earlier, the committal hearing proceeded by way of straight hand-up brief, so time and costs were saved and no witnesses needed to be cross-examined.

31You are entitled to some leniency for your pleas of guilty, both for utilitarian value, as I have explained, and as a reflection that you have accepted responsibility for your wrong-doing.  I am also prepared to infer a degree of remorse from the fact that you pleaded guilty and that you may not have realised that you had actually succeeded in manufacturing the drug, methylamphetamine, until after the forensic analysis was carried out. 

32I shall tell you after I have imposed your sentence what it would have been if you had not pleaded guilty but been found guilty after a trial. 

33I turn now to your personal circumstances.  You are now aged 35 and single, having been divorced some years ago.  You have no children.

34I am told that you were raised in Melbourne in a stable family.  Your father runs a plumbing business and your mother has worked as a bookkeeper for it.  You have a sister who has achieved well in her career.

35You attended a private school where you completed Year 12, and initially commenced an engineering degree at RMIT but ceased during the first year and went to work for your father.  The following year you commenced a different course, a Bachelor of Applied Science, at Deakin University, I am told majoring in biology, or according to your parents, a sports science degree.  That course took five years throughout which you worked part-time at a supermarket stacking shelves at night to support yourself. 

36Shortly before starting that course you had moved out of your parents’ home to live with a girlfriend, but in the fourth year of your university course that relationship broke up and you returned to live with your parents.

37All of those circumstance reflect, as I say, a stable upbringing and a responsible approach to setting about qualifying for a career and working while you were doing it. 

38Following completion of your degree in Applied Science, you undertook a one year Diploma of Education at Victoria University, and the following year commenced teaching at a secondary college.  You taught science and physical education.  By then you were married and had moved into a house purchased with your wife in Bayswater.  Although your marriage subsequently broke down, you were still living in that house, but alone, when this offending occurred. 

39For almost five years you taught science and physical education at the same secondary school, apparently leaving in September 2012.  I am told that you left teaching to join your parent's business where they needed your assistance to take on larger and more complex projects of industrial installation of air conditioning. 

40I am told that in October 2012 you commenced a mature age apprenticeship in mechanical plumbing, and during that you were working for your father's business.  A reference from your parents, not only praises you as a wonderful son, but also for your willingness to take on the role they needed you to in the business.  You have recently completed your apprenticeship there and your parents, as well as you, hope that you will not receive a custodial sentence so that you will be able to help complete current projects being undertaken by the business, and in the longer term, take over the business and allow your parents to retire. 

41From 2003 to 2010, you also coached athletics at your own old school, and I have read letters from the principal there which confirm that your involvement in coaching was much appreciated and highly regarded. 

42You obviously had a keen involvement in sports.  That apparently led you to engage in body building training, which you first did in about 2003, and you resumed that in late 2009 after the breakup of your marriage.  The steroid drugs that form part of Charge 2 were apparently used by you in connection with body building and gym work.

43I am also told you that you had started using other illicit drugs - cocaine from age 20, cannabis a little over the years, and methylamphetamine from about age 25, but your use of methylamphetamine apparently escalated after you ceased teaching.  I am told that you took up or increased your use of methylamphetamine as a means of staying awake to complete night shifts and work at two jobs while you did that.  That seems to me to apply more to before you left teaching.  I am also told by your counsel that it was in your job, working late at night stacking shelves at a supermarket, that you were introduced by others there to the drug known as “Ice”, and indeed obtained it through some of those connections. 

44I am told that it was after you ceased teaching that you increased your use of this drug, “Ice”, became quite heavily addicted, and that it was that increased use, that prompted you to think about making it yourself. 

45I read from a reference from a friend of yours, Mr Nikolov, that not long after he met you at the gym you both attended in 2011, you confided to him that you were a regular user of “Ice”, and that you had started using it to help you stay awake longer so you could work more and stay up for longer.  He notes you progressed from being a weekend user to more heavy and frequent use, and that you told him you had started injecting the drug more regularly.  He witnessed you using both cocaine and methylamphetamine at your home, and says that during the period from 2012 to 2014 your drug use seemed to him to increase and he was concerned about this.  He says that since your arrest and being charged he has not seen you use any drugs, although you have told him that you dabbled with it once or twice, but no longer use it regularly. He assesses your arrest as having been a big shock, and to have given you what he calls “a wake-up call” with regards to your drug use. 

46I accept that your parents did not know of your drug use until your arrest, but that you have admitted to them that you had been struggling with a long-term drug problem, and you have also admitted to them attempting to manufacture methylamphetamine.  They believe that you have ceased using such drugs since your arrest. 

47Following your arrest, you were remanded in custody until the following day when you were released on bail, and having never been in trouble with the law previously, this was likely to be a salutary experience for you.  The time you spent remanded would count as two days of pre-sentence detention.

48You come before the court with no prior criminal record.  That would normally be to your credit and I do not disregard it, but I give it less weight in your case because, although never previously found guilty for any offence, you have apparently been using illegal drugs for many years.  It cannot therefore be said that the present offending is a single lapse into offending, nor completely out of character for you, in particular of course, for Charge 2.

49Nevertheless, I accept that your lack of prior criminal history is consistent with you having generally led a constructive life, with your impressive history of application to studies and training, to work, including at times two jobs, and also undertaking the coaching of school athletics for many years while working weekend nights and either studying or teaching.  That you may have sustained these multiple jobs or activities, partly with the assistance of illegal drugs, may reflect that you were undertaking too much at a time or were unrealistic about how much you could realistically do.  Nevertheless, I am satisfied that you have the ability to undertake and complete both work and other constructive activities, interact well with other people, including those with whom you work, and of course leadership of children, and that this makes your prospects of rehabilitation, in my view, good.

50You were assessed for this case by Mr Jeffrey Cummins, a consultant psychologist.  He sets out in some more detail your history, including of your indulging in the use of drugs, and particularly how you came to and enjoyed the effect of methylamphetamine. You told him that after your arrest you stopped using it, and you told him that you noticed then how it had previously been affecting you, including that, although you could not see it at the time, what had become daily use of the drug “Ice” was making you take longer to problem solve at work and taking you longer to carry out work.

51You told Mr Cummins that you have not injected, that is used needles, since your arrest, although in November last year in a social situation you did take a line of cocaine or ice.  You say that hit you hard as you no longer had any tolerance to it. 

52It seems to me from what you told Mr Cummins that, if that is all true, you have indeed considerable insight into the harm these drugs were doing you.  You say that you have made the choice now to stop using drugs. Although you have not undergone any formal detoxification or rehabilitation program, it sees that you have been, at least in the main, able to abstain from them. You told Mr Cummins that you now have a different life and are much happier not using drugs.  It is to be hoped that you can continue in that choice.

53You told Mr Cummins that you regret your offending behaviour, and he assessed that as remorse, and your parents’ letter also reflects that you have felt remorse.  I accept that you have felt some remorse, and I certainly accept that you feel great regret for the situation you have got yourself, and indeed, your parents, into facing.

54Mr Cummins found you co-operative, and although he did not undertake formal testing, considered that you were of at least high average intelligence.  He found no sign of your being psychotic or schizophrenic or having any personality disorder.  He considered your presentation as mildly anxious but not depressed, although you told him you thought you were both anxious and depressed about the prospect of being imprisoned on these charges.

55There is nothing in his report which indicates that you have any underlying mental health condition or disorder which would limit or interfere with your ability to build a stable and law-abiding life for yourself.  So far as feeling anxious and depressed at the prospect of being imprisoned, I accept that that is a natural feeling for many people in the position you were in when you assessed by Mr Cummins, but as I say, I do not think that, in the long term, is likely to interfere at all with your prospects of rehabilitation. 

56As I have said, I accept that your prospects of rehabilitation are good.  You have stable accommodation in your own home, supportive parents, employment in your family's business which you apparently enjoy and look forward to ultimately running, and your history is of application to studies and work. 

57The fact that you have tertiary qualification, however, does not put you in any different category or a special position when it comes to sentencing.  I do accept that your application to complete a five year university course followed by a Diploma of Education is a considerable commitment while working throughout to support yourself.  I also give you credit for your willingness to retrain in your 30s to be able to take over running your family's business.  That also shows determination and commitment to family, and to establishing a new career and responsible life. You are intelligent enough to realise the strengths of your situation but also to realise the damage you did to yourself, and that you put yourself in the position that you now are before this court.  

58If you can stay away from drugs there is every prospect of you staying out of any further criminal trouble in your future life. 

59The offence of trafficking in a drug of dependence, including by way of attempting to manufacture it, is serious and must be denounced on behalf of the community.  I have already said that, in my view, general deterrence is an important sentencing factor in this case to send a strong message to others that it will attract serious punishment, and because it arose from your own abuse of various drugs, I regard there being a need for specific deterrence, that is, to deter you from repeating such offences.

60I accept that having been arrested and faced the stress and unknown result of court proceedings, and having had the short but salutary experience of being remanded in custody, as well as the disapproval and concern of your parents and friends, specific deterrence has probably been at least partially achieved already, but in my view, must play a role in your sentence.

61The prosecution submits that the seriousness of the offending should lead to nothing short of a sentence that involves at least some imprisonment, although, not so long a term as would prevent it from being followed by a Community Corrections Order.  That amounts to an indication that it could be a sentence of imprisonment of less than two years followed by a CCO.

62Your counsel submits that a CCO alone, without any further imprisonment, would be sufficient to achieve all sentencing requirements, and relies on the guideline decision in the case of Boulton[1] as authority for Community Corrections Orders being capable of achieving sentencing requirements where it used to be considered that only a sentence of imprisonment would be sufficient. 

[1] [2014] VSCA 342

63You are aged in your mid 30s, so are not considered a youthful offender under the Sentencing Act. Nevertheless, with no prior convictions and the makings of a constructive and law abiding life ahead of you, if you continue to abstain from drug abuse and stay away from all illegal drug related activity, there is reason to give your good prospects of rehabilitation some priority, and to not interrupt your present circumstances in the community. 

64Given that your involvement in the offence of trafficking of methylamphetamine was at a relatively low level of seriousness, and taking into account your otherwise responsible lifestyle, I am of the view that it is in the interests of not only you and your parents, but also the community in general, that you be given the opportunity to remain in the community to pursue the constructive sides of your past behaviour, and that just punishment can be achieved in this case without a sentence that requires imprisonment.

65The sentence I intend to impose is a Community Corrections Order with conviction, the main penalty component being unpaid community work.  I recognise that the imposition of a conviction may affect your employment in the future, in particular if you wish to return to teaching, however in my view the seriousness of the nature of this charge does require that a conviction be recorded, or it would send entirely the wrong message and not achieve general deterrence.

66The main penalty component, in addition to the imposition of the conviction, will be unpaid community work.  However, it should be realised by you and others, that a Community Corrections Order does impose considerable sanction on you.  I intend it to last its entire stated duration.  I shall direct that you be assessed for any appropriate drug rehabilitation programs, although as I already mentioned this morning, I anticipate that on learning that you voluntarily abstained from further drug abuse for most of the time since your arrest, you may not be sent for such a program.  In my view, if such a program is offered, it should be taken up by you because formal assistance, to assist you to avoid relapsing in the future, would be appropriate, in particular given for how many years you are said to have engaged in taking illegal drugs.

67I point out that the illegal steroids also have real risks and you must also abstain from those. 

68Notwithstanding that the pre-sentence report did not recommend supervision, I intend to impose a supervision condition, so that the CCO will last for its stated duration, even if you have completed other conditions sooner.  The frequency of supervision visits will be in the discretion of Community Corrections officers. 

69Would you stand up now please. 

70Andrew Edenborough, I sentence you as follows. 

71On Charge 1 of trafficking in a drug of dependence, you are convicted and to be placed on a Community Corrections Order to last for 30 months, that is, two and a half years, commencing today. 

72The conditions I impose are that you must perform 300 hours of unpaid community work over the duration of the order and that you submit to supervision, and that you attend for assessment and treatment as directed for drug abuse. 

73In addition all usual terms of a Community Corrections Order apply.  They have been explained to you but I shall repeat them here briefly.  First, you must within two working days of today, that means by 4 pm next Tuesday, report to the nearest Community Corrections office to where you live and that seems to be Ringwood, 2 Bond Street, Ringwood.  During the whole of the order, that is the two and a half years it lasts, you must report to Community Corrections officers any change of address of where you are living or where you are working, and you must do that within two clear working days of any change of address occurring.  You must not leave the State of Victoria without prior consent of Community Corrections officers.  You must submit to visits and obey all lawful directions of Community Corrections officers.  Above all, you must not commit any further offences during the whole of the Community Corrections Order. 

74I must make clear to you that any of the drugs in which you have previously indulged, from steroids to amphetamines, as well of course as any other offence in relation to drugs or indeed any other offending punishable by imprisonment, would amount to a breach or contravention of the Community Corrections Order. 

75If you contravene the Community Corrections Order, whether by non-compliance or further offending, that itself would be a separate criminal offence for which you could be sentenced to up to three months imprisonment.  It also is likely to result in you being brought back before the court, before me, for a breach or contravention hearing. What would actually occur would depend on how much of the Order you had satisfactorily completed, what the circumstances of the breach were, and what your personal circumstances were at the time. 

76However, the powers of the court include simply confirming the community corrections order, or varying it, which could include extending it or increasing its conditions, or the order could be cancelled and you could be re-sentenced for the original offence. That is here - trafficking a drug of dependence.  What actually would occur would depend on all the circumstances I have indicated including how much of the order had been satisfactorily completed.

77Mr Edenborough, do you understand the conditions and terms of the order and the consequences of breaching it?

78OFFENDER:  Yes, Your Honour.

79HER HONOUR:  Do you agree to comply with this order?

80OFFENDER:  Yes, Your Honour.

81HER HONOUR:  On Charge 2 of possession of drugs of dependence, I impose a fine of $1,250.  That fine is imposed without conviction. 

82I also make the disposal order that was sought and I will sign that shortly. 

83I am obliged to state what your sentence would have been if you had not pleaded guilty.  That is always an artificial requirement, and in your case a bit more so because Charge 2 is a rolled-up charge, and if you had stood trial, there would have been multiple charges. What I do is tell you that, if you had not pleaded guilty but been found guilty of the equivalent charges after a trial, and if all other circumstances were the same, I would have imposed a total effective sentence of three years imprisonment with a non-parole period of 20 months. 

84Mr Edenborough, you can take a seat while the orders are prepared and they need to be signed.  Is there a problem?  You are looking confused, Mr Lindner.

85MR LINDNER:  No, I am not confused, I just seek a stay of three months on the payment of the fine, if I may just to give him the opportunity to or else ‑ ‑ ‑

86HER HONOUR:  A stay, yes, of three months ‑ ‑ ‑

87MR LINDNER:  That's all ‑ ‑ ‑

88HER HONOUR:  ‑ ‑ ‑ may be an outer limit.

89MR LINDNER:  Well ‑ ‑ ‑

90HER HONOUR:  I suppose he's got to start the unpaid community work. 

91MR LINDNER:  I haven't ‑ ‑ ‑

92HER HONOUR:  Be assessed for the unpaid community work in that time.  All right, I will grant a stay on payment of the fine for three months.

93MR LINDNER:  If Your Honour pleases.

94MR STOUGIANNOS:  If Your Honour pleases.

95HER HONOUR:  Yes, all right, the draft of the community corrections order has been produced.  I will have my associate show it to both counsel to check that it reflects what I said.  Is that right?  I will have my associate take that to Mr Edenborough. 

96Mr Edenborough, this is the community corrections order.  I advise you to read it through, then you are asked to sign it and then I will sign it. 

97MR LINDNER:  Could my instructing solicitor approach him please?

98HER HONOUR:  Yes. 

99MR LINDNER:  Thank you.

100(Orders signed and acknowledged.)

101HER HONOUR:  All right, I have signed the CCO, so that will be copied and a copy provided to Mr Edenborough and one for the prosecution. 

102What I am going to do is hand back - the prosecution gave me the wad of depositions that I do not need to keep; I have not marked. 

103MR STOUGIANNOS:  If Your Honour pleases.

104HER HONOUR:  Everything else that was tendered will stay, obviously, for the relevant period, but that bulk I do not need to keep. 

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