Director of Public Prosecutions v Faulkner
[2024] VCC 1643
•18 October 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-24-00785
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHANE FAULKNER |
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JUDGE: | HER HONOUR JUDGE HOGAN | |
WHERE HELD: | Melbourne | |
DATE OF PLEA HEARING: | 16 and 17 October 2024 | |
DATE OF SENTENCE: | 18 October 2024 | |
CASE MAY BE CITED AS: | DPP v Faulkner | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1643 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: One charge of causing serious injury recklessly – repeated punching by 24-year-old offender of victim preceded by aggressive and irrational behaviour by victim outside a nightclub – injuries of fractured jaw (in 3 places) and loss of one tooth – no prior criminal history – significant delay between offence and charge – early and remorseful plea of guilty – application of principles in Bugmy and Verdins – excellent prospects of rehabilitation
Legislation Cited: Sentencing Regulations 2021; Sentencing Act 1991
Cases Cited:Bugmy v The Queen [2013] HCA 37; The Queen v Verdins [2007] VSCA 102; Boulton v The Queen [2014] VSCA 342
Sentence: Three-year Community Corrections Order with conditions
Section 6AAA: Two years’ imprisonment with a non-parole period of 18 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms O Richwol | Solicitor for Public Prosecutions |
| For the Accused | Mr G Chipkin | Doogue + George |
HER HONOUR:
1Shane Faulkner, you have pleaded guilty to one charge of recklessly causing serious injury, which carries a maximum penalty of 15 years’ imprisonment.
2The circumstances of your offending are detailed in the Summary of Prosecution Opening for Plea.[1]
[1]Exhibit “A”
3At 2.41am on 6 December 2019, your victim, Mr Baxter, had been ejected by security staff from Billboards Nightclub at 170 Russell Street, Melbourne, due to having been involved in an altercation with security staff at the venue.
4A compilation of the segments of CCTV footage taken from various angles from different cameras outside the nightclub were tendered at the plea hearing.[2] This footage shows the following:
(a) Mr Baxter is in an agitated state at the front of the nightclub, gesticulating aggressively with his right hand towards three security guards whom he is facing. An unknown person comes up beside him, appearing to encourage Mr Baxter from desisting in his conduct, and Mr Baxter aggressively pushes that person away. Mr Baxter then starts to remove the black T‑shirt that he is wearing by pulling it over his head, revealing a black singlet underneath. The very distinct impression I gained from his actions is that Mr Baxter was behaving like a person “spoiling for a fight”.
(b) Mr Baxter, then, apparently has moved a short distance around the corner from the security guards. He is in the throes of completing the removal of his black T-shirt over his head, and is left wearing a black singlet. At around this point, you, Mr Faulkner, are seen within the footage. You are wearing a white T-shirt and are standing just a few feet from Mr Baxter. You appear to be minding your own business. It is part of the agreed summary of facts that you and Mr Baxter were not acquainted with each other. Mr Baxter appears to be gesticulating and saying something to you. There is no audio on the footage, so any exchange between the two of you is unable to be ascertained. He appears to be agitated, and it is possible that he is ventilating his grievance about security staff to you. What is clear is that Mr Baxter then puts his left arm around your back in what appears to be a friendly gesture. You are seen to respond, in kind, by putting your right arm around Mr Baxter’s shoulder. It appears that the two of you are going to walk away from the nightclub, as your backs are temporarily to the camera. However, Mr Baxter suddenly turns to you and, with both hands, pushes you aggressively to the chest away from him. You are then seen to walk away from him.
(c) Mr Baxter then returns to where the security guards are still present at the front of the nightclub. He is facing them and appears agitated. He is aggressively gesticulating with his right hand towards the security guards, but, also, pointing back around the corner from which he has just come and, also, turns to his right to gesticulate towards a person or persons who are not visible in the frame of the footage.
(d) You then appear into the frame and can be seen briefly walking in the direction of Mr Baxter, with your right hand raised to your right ear holding a mobile phone. Mr Baxter is repeatedly gesturing in an agitated manner towards you whilst holding something black in his hand (presumably the T‑shirt which he had removed a short time beforehand). This gesturing is continuing as you approach him, and you are then seen to punch him repeatedly with your left hand. It is part of the agreed summary of facts that you punched him seven times to the left side of his head and face. These actions form part of the charge of recklessly causing serious injury.[3] It is also part of the agreed facts that Mr Baxter tried to get away from you but fell to the ground as a result of the punches, and that he then got to his feet and the altercation continued.
(e) The altercation between the two of you continued across the driveway or laneway adjacent to the nightclub and onto the roadway. Although it is somewhat difficult to see precisely what is going on at all times, the agreed summary of facts is that you walked a short distance away from Mr Baxter, paused briefly, and then walked towards him and punched him, causing him to stumble backwards onto the parking lane of the roadway. You then followed him onto that lane and further punched him as he approached the footpath, causing him to fall into the gutter. (These actions also represent part of the charge of recklessly causing serious injury).[4] You then walked away from the area.
[2]Exhibit “B”
[3]Exhibit “A”, paragraph [11]
[4]Exhibit “A”, paragraph [12]
5After you walked away, Mr Baxter got up and walked back to the nightclub and continued shouting at security staff before he, too, walked away. He was subsequently observed by a pedestrian to be walking along Lonsdale Street and had blood gushing from his face and head. The pedestrian called 000 for assistance. Police attended and an ambulance took Mr Baxter to the Royal Melbourne Hospital. He was found to have three fractures to his jaw and, also, had lost a lower incisor, tooth 42. He underwent surgery that same day in order to reduce the fractures and fix the bones in place. One fracture required further manipulation and reduction in order to achieve alignment. Mr Baxter was discharged the following day, with instructions to manage his injuries by having a soft diet for six weeks, not participating in sport for two months, taking two weeks off work, taking oral antibiotics and using a mouth wash and pain relief, and to attend follow-up treatment at the Maxillofacial Surgery Clinic.
6The expert opinion of a forensic physician, Dr Rachel Marr, given at a contested committal hearing, was that the impact of Mr Baxter’s injuries on his regular daily activities constitute “a significant recovery period.” Thus, the parties apparently agreed that his injuries satisfy the definition of “serious injury”. In s 15(a)(ii) of the Crimes Act, namely an injury that is ‘substantial and protracted’.[5]
[5] Crimes Act 1958.
7There is no Victim Impact Statement from Mr Baxter. It is trite to say that sustaining three fractures to one’s jaw and losing a lower, fairly central, incisor tooth is likely to have caused pain, inconvenience and embarrassment. The prosecution has conceded that these injuries fall towards the lower end of the range of injuries for the offence of recklessly causing serious injury.
8At the time of the offence you were visiting Melbourne from Adelaide, where you grew up and continue to live. You returned to South Australia following the offence. The restrictions occasioned by the Covid-19 pandemic, including border closures, resulted in you not being interviewed by police, although, in November 2022, you were telephoned by Victoria Police, who indicated that they wished to interview you. Ultimately, you were arrested in South Australia on 23 January 2024 and remanded in custody and extradited to Victoria on 24 January 2024. On the latter date you appeared in Melbourne Magistrates’ Court and were bailed after spending two days in custody.
9On 16 May 2024, a contested committal hearing was held. This involved cross-examination of the informant and Dr Marr on the limited issue of whether Mr Baxter’s injures satisfied the definition of a serious injury. Mr Baxter was not required to give evidence or be cross-examined.
10The matter resolved into a plea to the subject charge on 13 June 2024.
11You are presently aged 29 years, having been born in November 1995. You were aged 24 years at the time of this offending. You come before the Court with no prior criminal history alleged against you.
12In comprehensive written plea submissions, which were adopted orally, by your counsel, Mr Chipkin, the Court was told that you had a childhood involving disadvantage and trauma.[6] You were the youngest of three children of your parents, who separated when you were aged 11 years. Prior to that separation, from approximately the age of 8 years, you were exposed to antisocial behaviour by your father, who was a drug addict. You would find syringes which he had used left strewn around and witnessed violence by him towards your mother. A description of this trauma was provided by you to a forensic psychologist, Dr Hannah Dawson, whose report dated 20 September 2024 was tendered in evidence.[7] This history was corroborated by a reference from your older sister, Amy Louise Faulkner, dated 2 October 2024.[8] Your sister, also, had travelled from Queensland to support you at the plea hearing.
[6]Outline of defence submissions for Plea Hearing dated 9 October 2024, MFI– 1.
[7]Exhibit “1”.
[8]Exhibit “7”.
13Following your parents separation, your mother, who had some difficulties with dependence upon alcohol, was reliant upon Centrelink benefits to support herself and the three children. You suffered privation with shortage of money, and, at times, had insufficient or very rudimentary food. You also suffered instability of accommodation, which involved moving between public housing on four occasions. Not surprisingly, this interrupted your education. You attended three different secondary schools before ultimately leaving school at age 16 years.
14It was conceded by the prosecution that the evidence of your childhood trauma and disadvantage should be taken into account in a general way in accordance with the principles in Bugmy v The Queen.[9] Your counsel conceded that, given your lack of a violent history, he did not press for application of the Bugmy principles in a more specific way. I accept that the respective concessions made by the prosecution and your counsel were appropriately made and that the application of the principles of Bugmy in a general way to some extent reduce your moral culpability for this offending. As I stated during the plea hearing, it is evident that from an age when a young boy would usually be looking to his father as a role model, as well as a nurturing presence, you were deprived of moral and social guidance and exposed to violence on a regular basis. The Court acknowledges that the effects of such trauma can be enduring. I accept that you did not define or recognise this trauma, or seek treatment for it until you attended a psychologist, Ms Alessia Mattia, earlier this year.
[9]2013 High Court of Australia 37.
15Dr Hannah Dawson, in her report, records that you had experienced intermittent depressive episodes throughout your life in response to hard times. She took a history that, following the end of your first relationship of two years duration, which had begun when you were 15 years old, you tried to overdose on medication. She also noted that you had lost a friend to suicide. Although her report noted that it was around the time of your offending, in fact, it had been when you were about 16 years of age. Mr Chipkin told the court that this was your closest friend and the only person in whom you felt able to really confide to and invite home to what you described as the embarrassingly poverty stricken and somewhat dysfunctional environment in which you lived. Dr Dawson diagnosed you as suffering a Persistent Depressive Disorder, albeit in partial remission, with intermittent Major Depressive Episodes, as well as a mild General Anxiety Disorder. She assessed you as being at low risk of reoffending, noting in particular that, earlier this year, you had commenced counselling for emotional dysregulation.
16Tendered in evidence at the plea hearing was a report from your treating psychologist, Ms Alessia Mattia, dated 10 October 2024.[10] This confirmed that, since April this year, you have attended 11 treatment sessions with her. Like Dr Dawson, she considered that you met the criteria for Persistent Depressive Disorder albeit that you had not experienced clinically significant symptoms for several years. She also agreed with Dr Dawson’s assessment that you are at low risk of reoffending, particularly noting your significant social progress in the five years since your offending.
[10]Exhibit “2”.
17In Ms Mattia’s report, and also that of Dr Dawson, there is a theme of negative core beliefs about yourself due to the challenges that you faced during your developmental years and your associated history of depressive episodes. Ms Mattia expressed the view that, although your depressive symptoms are in remission, you would benefit from continued engagement in psychological intervention to equip you with skills and strategies to manage episodes of low mood and stressful situations. She expressed “complete agreement with the opinion of Dr Dawson regarding the impacts of sentencing on (you)”. In this regard, Dr Dawson had expressed her opinion that imprisonment would likely weigh more heavily upon you because of your general mental health vulnerabilities and your naivety to a prison environment, given you had no forensic history and had continued to live pro-socially since this violent offending, which seemed to have been a marked deviation from you usual character. She noted that you were more vulnerable to manipulation and acquiescence and your naivety and lack of criminal associates, in general, placed you at a much higher risk than others in a hostile and unfamiliar prison environment. Further, she considered that incarceration would likely prove dangerous to you and would likely lead to an exacerbation of your anxious and depressive symptoms and most likely result in further decompensation or disproportionate responses due to lower thresholds to stress than an individual without your conditions and experience.
18Your counsel, Mr Chipkin, submitted that, in sentencing you, the Court should take into account the more onerous nature of imprisonment by virtue of your mental health profile and the likely exacerbation of your mental health symptoms and vulnerability generally, including the fact that you had not previously had engagement with the criminal justice system or experience of imprisonment. Ms Richwol, on behalf of the prosecution, conceded that principles 5 and 6 in The Queen v Verdins[11] had application, but submitted that it should be “with some moderation”. When I referred Ms Richwol to the relevant portions of the reports of the two psychologists and asked why she submitted that the principles should only be applied with moderation, she did not elaborate upon her submission, simply stating that she would not “push this submission” and was “happy to leave it where it is”. In all of the circumstances I consider that principles 5 and 6 of Verdins should be given appropriate consideration in your case in mitigation of sentence.
[11][2007] VSCA 102.
19Mr Faulkner, I do not believe that you are in any doubt about the seriousness of the offence to which you have pleaded guilty. It is reflected in the maximum of 15 years imprisonment that applies to it. Your plea to this offence acknowledges that you have recklessly disregarded a risk when it should have been easily foreseeable by you that punching someone multiple times in the head carried with it a high probability of serious injury. Unhappily, it is a prevalent occurrence that someone is seriously injured in street violence, particularly where substance abuse is involved. You have conceded that you were intoxicated at the time you engaged in the repeated punching of your victim. Intoxication can never excuse such brutal, antisocial conduct. As pointed out by the prosecutor, Ms Richwol, in both oral and written submissions,[12] your two episodes of punching caused the victim to fall to the ground and, although you had twice distanced yourself from your victim, you then returned to engage with him despite having the opportunity to desist from doing so. Your offending moved from one area to another in a public space, where pedestrians and patrons of the nightclub were present, as well as spilling onto the roadway nearby. Your victim’s injuries were not insignificant albeit that there is no evidence before the Court of ongoing impairment. However, when a 37 year old person like your victim loses a tooth, obviously it is gone forever and can only be replaced by a prosthetic tooth.
[12]Marked for identification “A”, prosecutions submission’s on sentence, undated.
20Generally speaking, this violent antisocial offending, particularly in a public place whilst you were intoxicated, would merit a sentence of imprisonment. There is no doubt that denunciation of your conduct and emphasising general deterrence and imposing just punishment are the primary sentencing considerations. General deterrence means that, in sentencing you, a message must be sent to the community that others who are minded to engage in this immature and dangerous violent conduct will be appropriately punished. Having said that, it is always important to put offending in context. There is no doubt that your victim was the original aggressor and before, during, and after the altercation, your victim was behaving in a belligerent and irrational manner. Whilst this can never excuse your repeatedly punching him in such a brutal fashion and causing his serious injuries, on my viewing of the CCTV footage, your victim was certainly prepared to continue to engage with you and he, therefore, must bear some moral responsibility for what occurred that night.
21In this case, leaving aside the victim’s own reprehensible behaviour, I consider that there are powerful mitigating factors in your favour. These include the following:
(a) There has been substantial delay between the commission of this offence on 6 December 2019 and you ultimately being extradited to Victoria and charged with it in January 2024. The delay was in large part attributable to the consequences of the Covid-19 pandemic restrictions. As I have said, you had received a telephone call from Victoria Police on 14 November 2022, so that you were aware that police wished to interview you in relation to your offending. Hence, you have had it hanging over your head for some time. More importantly, in the interval between the offending and now you have used the delay to undergo what I consider to be very significant rehabilitative steps. These include the following:
(i)You have formed a stable relationship with your intimate partner, Ms Henderson, over the last two years and have been endeavouring to commence a family, but, sadly, she has suffered two miscarriages this year. Ms Henderson provided a reference dated 12 August 2024[13] and also travelled from South Australia to be present in Court to support you during both days of the plea hearing. In her reference, she spoke of your remorse about what you had done to Mr Baxter at a time when you felt threatened and uncertain and had described it to her as “the worst decision of my life”. I here interpolate that your counsel conveyed that you had instructed him that your victim did utter threats to you.[14] Looking at the CCTV footage, I am inclined to find this to have been likely. However, the appropriate thing to do would have been too simply remove yourself from his presence. Ms Henderson stated that she had never known you to be violent and that you were extremely hardworking and well regarded, particularly for your involvement in the Gepps Cross Country Football Club. She described you as a friendly and helpful member of the community generally. It is evident that she is committed to the relationship which she shares with you.
(ii)You have continued to demonstrate that you are diligent and hardworking. I here note that, after leaving school, you worked in a packing factory for four years. Following this, in 2016, you commenced working in a “fly in/fly out” role with a major mining company. You have continued in this employment for eight years and remain so employed and have received a number of promotions over that time. You attained your “Blasters Licence” on 14 June 2023, a copy of which was tendered.[15] This licence qualifies you to undertake a role of significant responsibility in maintaining strict precautions for safety in the blast zone of the mining area. Mr Dean Whibley, a development coordinator and fellow employee of the mining company, provided a reference dated 6 October 2024.[16] He confirmed the responsible nature of your job and how well regarded you are as a reliable and trustworthy person in the work environment. He stated that he has known you for several years and speaks highly of you as a good person who has made a mistake and understands the gravity of your offending and is committed to addressing the reason for it.
(iii)You have stable accommodation, having saved to buy your own home with your partner, who also holds stable employment. This is an important achievement for someone of your age, particularly given your unhappy background of unstable accommodation whilst you were growing up.
(iv)You have prosocial activities, particularly with your football club and other healthy outlets, such a music. A reference from Mr Neil Rawlings, dated 27 August 2024, states that the author has been a friend of yours for some six years and knows you because he recruited you to play football at the Gepps Cross Football Club. He describes you as a very admired member and, not only an active participant in playing, but also in volunteering to coach members in the lower grades and the junior football program to improve their game. He states that, notwithstanding that you work in Roxby Downs in a “fly in/fly out” capacity, you still communicate with him and others in relation to coaching matters whilst you are away. He describes you as very kind person.
(v)It is apparent that you have not only engaged in treatment with Ms Mattia for some 11 sessions up to 3 October 2024, but you have benefited from such treatment, according to her assessment. This is the first time you have engaged in any counselling to assist you in coming to terms with the trauma from your childhood and your difficulties with emotional regulation. Ms Mattia in her report has described you as demonstrating increasing insight into your psychological makeup and making progress in dealing with your history of unhealthy emotions.[17]
[13]Exhibit “3”.
[14]“MFI-1_ p.7, paragraph [52(g)].
[15]Exhibit “10”.
[16]Exhibit “9”.
[17] Exhibit “2”, paragraph [34].
22The five matters to which I have just referred cause me to conclude that you have matured very considerably from the date of your offending. You were intoxicated at the time of the offence, but the evidence before me shows that you have no problem abusing alcohol or illicit drugs. I take into account that you pleaded guilty to the offence at an early stage after being charged and I am satisfied that your plea has, not only utilitarian value in facilitating the course of justice and saving the cost of a trial and sparing your victim having to give evidence, but, is also truly remorseful. The theme of remorse comes through various of the character references which have been tendered and is mentioned by you to Dr Dawson, who noted that you displayed good insight and judgement, expressed guilt and regret and demonstrated empathy for your victim, as well as reflective skills with regard to the impact on his own life. You wrote a letter of apology to your victim dated 12 August 2024 which was provided to the prosecution, and a copy of which was tendered.[18] Generally, a letter produced in the circumstances where there is an impending plea hearing relating to the actions which are the subject of such an apology would be afforded little weight. However, as it is not an isolated expression of remorse and is accompanied by an early plea of guilty, I do afford it somewhat more weight. I also note that it demonstrates insight, not only concerning your victim’s physical suffering but, also, any possible mental harm that your actions may have caused to him. In the circumstances, your early and remorseful plea of guilty entitles you to a significant and tangible discount on the sentence which otherwise would have been imposed.
[18]Exhibit “4”.
23On all of the material before me, I am satisfied that your offending represents conduct which is out of character for you. I accept the explanation that you felt under threat from Mr Baxter and that your initial decision to start punching him, and then to re‑engage with punching him, was in a state of heightened emotion where you felt vulnerable and made bad impulsive decisions over a short period of time during which the altercation occured. Whilst your intoxication was clearly a factor, having carefully reflected upon the circumstances of the offending, as well as your personal circumstances, I cannot be satisfied that the sentence of last resort, imprisonment, is appropriate in your case.
24I consider that this is the type of case to which the principles enunciated in Boulton v The Queen[19] are apposite, in so far as the Court in that case recognised that a Community Correction Order is capable of serving the sentencing objectives of denunciation, general deterrence, and just punishment. This is particularly so in a case like yours, where, in my view, the imposition of a term of imprisonment would remove you from the positive rehabilitative context of your personal supportive relationship with Ms Henderson as well as the opportunity to engage in regular employment, which you have done consistently over many years.
[19][2014] VSCA 342.
25A Community Correction Order, in my view, is the appropriate sentencing disposition. Such an order enables you to take personal responsibility for your own management and pursue treatment and rehabilitation, as well as having some punitive effect by compelling you to engage in unpaid community work, whilst retaining the benefit of the positive supports of your relationships and work. I am firmly of the view that, in all the circumstances of this case, ordering you to undertake a Community Correction Order will promote your rehabilitation, which is already significantly underway, and thereby also serves the best interests of the community.
26I have received a report authored by Ms Victoria Thorpe, Community Corrections officer, dated 17 October 2024, assessing you as being at low risk of general reoffending and finding you suitable to undertake a Community Correction Order. Ms Thorpe appeared by videolink on the second day of the plea hearing on 17 October 2024.[20] She assisted the Court by providing information in relation to the potential transfer of a Community Correction Order to the jurisdiction of South Australia, where you live. She advised that s38(2) of the Sentencing Act 1991, which permits the Court to delay the commencement of a Community Correction Order for a period of up to three months from the making of the order, allows the Office of Corrections time to make application to transfer the order to South Australia.
[20]Exhibit “C”.
27Ms Thorpe stated that, as you have been assessed as low risk of general reoffending, she could assure the Court that an application for transfer would be made, and that the Office of Corrections would do everything possible to ensure that the transfer was completed in time. She advised that the relevant place for you to report in due course is Elizabeth Community Correction Centre at 9 Gillingham Road, Elizabeth in South Australia, 5112. She understood that this was only a couple of suburbs from where you reside, and, hence, a short drive from your residence in Blakeview in South Australia. As I have said, I regard your prospects of rehabilitation as excellent.
28On one charge of recklessly causing serious injury, you are convicted and sentenced to undertake a Community Correction Order for a period of three years commencing on 17 January 2025. The mandatory terms of the order are as follows:
(a) You must not commit another offence for which you could be imprisoned during the time that the order is in force.
(b) You must comply with any obligation or requirement prescribed by Regulation 15 of the Sentencing Regulations2021.
(c) You must report to and receive visits from the Secretary or delegate.
(d) You must report to the Community Correction Centre within two clear working days of the order starting.
(e) You must let a Community Correction officer know within two clear working days of you changing your address or job.
(f) You must not leave the state in which you are serving the order, whether it be Victoria or South Australia, without first getting permission to do so from the Secretary or delegate, either generally or in relation to a particular case.
(g) You must obey all lawful instructions from the Secretary or delegate.
29In addition, the following conditions apply:
(a) You must perform 250 hours of unpaid community work over a period of three years as directed by the regional manager.
(b) You must undergo any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric, or treatment in a hospital or residential facility as directed by the regional manager.
30I make it plain that the treatment and rehabilitation condition is directed towards ongoing counselling relating to your childhood trauma and depression and anxiety.
31Further, pursuant to s48CA(2) of the Sentencing Act1991, I determine that up to 50 hours of treatment and rehabilitation which has been satisfactorily completed by you, be counted as hours of unpaid community work for the purposes of the unpaid community work condition. In addition, the deferred date of commencement of this order (17 January 2025) is to facilitate an application for transfer of this order to be served in the state of South Australia.
32Mr Faulkner, you need to understand that I can only make this Community Correction Order if you consent to it. Firstly, do you understand the terms and conditions of the order that I have just read?
33OFFENDER: Yes, Your Honour.
34HER HONOUR: Do you consent to undertake the order with the terms and conditions which I have specified?
35OFFENDER: Yes, Your Honour.
36HER HONOUR: Mr Faulkner, you need to understand, that if you do not comply with the order, either by not complying with its terms and conditions or committing another offence punishable by imprisonment during the term of the order, then you will have contravened that order. Contravention of a Community Correction Order is, in itself, a criminal offence which is punishable by a maximum term of imprisonment of 3 months. Should you contravene the order, it is highly likely that you will be brought back before me. In that event, you face the risk that the sentence by way of Community Correction Order that I intend to impose this day will be set aside and, instead, you will be sentenced to a term of imprisonment. Do you understand what I have just said?
37OFFENDER: Yes, Your Honour.
38HER HONOUR: Very well, the sentence will be as I have earlier stated.
39Pursuant to s6AAA of the Sentencing Act I state that, had it not been for your plea of guilty, the sentence imposed would have been two years’ imprisonment with a non-parole period of 18 months.
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