Director of Public Prosecutions v Finn

[2015] VCC 710

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00387
CR 14-00388

DIRECTOR OF PUBLIC PROSECUTIONS

v

SARAH FINN
ALAN LY

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JUDGE:	HIS HONOUR JUDGE BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	27 May 2015
CASE MAY BE CITED AS:	DPP v Finn
MEDIUM NEUTRAL CITATION:	[2015] VCC 710

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. M. Hughan
For Accused Finn	Ms Z. Garde-Wilson
For Accused Ly	Mr R. Melasecca

HIS HONOUR: 

1Alan Ly and Sarah Finn, you are both to be sentenced on four charges of trafficking a drug of dependence and four charges of possession of a drug of dependence.  Applicable maximum sentences are 15 years' imprisonment for trafficking and 12 months' imprisonment for the possession charges. 

2You have both pleaded guilty before me on 19 May to an indictment which had been that day filed over an earlier indictment.  That first indictment alleged at Charge 1, the offence of trafficking in a drug of dependence, 1,4  Butanediol, in a commercial quantity.  The Crown opening tendered before me states as follows, as to the timing of your pleas,  at Paragraphs 25 and 26. 

3“Ms Finn agreed to plead guilty of the charges on 15 May 2015.  Mr Ly agreed to plead guilty to the charges on 18 May 2015.

4Although neither was offered early,  only last week the prosecution conveyed to the accused that it would be willing to accept a plea to trafficking simplicitor in respect of the 1,4  Butanediol”.

5You receive the  benefit of your pleas of guilty, the timing of which, it was conceded by the Crown, should be seen in the light of that discontinuance of a more serious charge against you.       Mr Melasecca put on your behalf, Alan Ly, that you had effectively offered to plead to charges similar to these from November 2013, that is prior to the committal proceedings  which ran in May 2014. 

6At your plea hearings, also on 19 May, Mr Hughan, for the Crown, tendered the written Crown opening to which I have referred and a booklet of photographs depicting the scene of offending. 

7Mr Melasecca, for you Alan Ly, tendered two single copy  photographs at pp.135 and 143 of the depositions, the letter by neurobiologist  and addiction practitioner, Professor Jon Currie, dated 13 May 2014, the letter by Amanda Williams of Odyssey House, dated 27 February 2014 and the report of drug treatment counsellor, Denise Abadee, dated 6 March 2015.  He called Ms Abadee and your sister, Angela Ly, to give evidence on your behalf. 

8

Ms Garde-Wilson, for you Sarah Finn, tendered the forensic psychological report of Matthew Staios, dated 18 May 2015, the bail progress report of Claire Marriott of the Court Integrated Services Program (CISP), dated

11 April 2013, the letter of clinical psychologist, Dr Therese Meallin, dated

17 May 2013, the letter of general practitioner Dr Dong Zu and associated mental health care plan documents;  all are dated 10 February 2011. 

Ms Garde-Wilson also tendered a  letter of work and character reference by Pia Rios, dated 18 May 2015. 

9The circumstances of your offending are set out in the tendered Crown opening, which is Exhibit A.  My own summary may therefore be relatively short. 

10At the date of offending, 31 January 2013, you, Alan Ly, were aged 24, and you, Sarah Finn, 21 years.  You were arrested at or near a room at the Quality Hotel Manor in Maroondah Highway, Mitcham.  Soon after midnight the police had attended at the room related to another matter  and by chance discovered various drugs,  materials and drug related paraphernalia.  The room had been booked by a female, not you Finn, on the previous night.  Not long before the police discovery you, Ly, had brought these materials to the room, mainly contained within a large suitcase and had left.  You were with a female, again not you Finn. 

11The police stood by and conducted surveillance.  You both arrived at about 8.00 am and about 9.00 am.  You were arrested;   you, Sarah Finn, leaving the room carrying drugs and about $10,000 in cash.  You, Ly, were arrested within the room. 

12The drugs and relevant other materials found can be summarised in this way, related to the charges on the indictment. 

131.        On Charge 1, the police found 4.3 kilograms of the drug 1,4 Butanediol in liquid form placed in a plastic bucket next to the bath, which was filled with water.  There was a funnel attached to the container of the drug.  I was told that the 1,4 Butanediol was possibly, perhaps likely, being diluted and also being preserved in liquid form by maintaining temperature. 

14The quantity of 4.3 kilograms is above the applicable threshold for commercial quantity of two kilograms.  The traffickable quantity is 50 grams.  The Crown opening states at Paragraph 21,

"Although the quantity of the substance containing 1,4 Butanediol located in Room 111 is more than twice the commercial quantity applicable to a substance containing that drug, which is two kilograms, the prosecution accepts that it cannot be established that the accused intended to traffick an amount greater than something approaching the top end of the simplicitor range.  Nevertheless, it is a serious instance of the offence of trafficking in that drug".

15It was put on your behalf, and it seemed to me conceded by the Crown, that 1,4 Butanediol is a drug toward the lower or cheaper end of the illicit market, and of lesser commercial benefit to the trafficker.  This is a matter relevant to sentence and may moderate the gravity of offending and relevant sentencing considerations.  I was referred in this regard to the case of the DPP v Maxwell, unreported, 13 March 2013.  It is cited 2013 VSCA 50.  This is perhaps consistent with the lower comparable thresholds for traffickable in commercial quantity.  For example, methylamphetamine carries the relevant traffickable quantity of three grams.  Nevertheless, I also agree with the proposition that the quantity here states a serious example of the offence of trafficking.  That is, trafficking simpliciter. 

16(2)       On Charge 2, the drug methylamphetamine was found in a total quantity of 9.8 grams.  8.4 grams were found upon your person, Sarah Finn,  the rest within the room, and a small quantity in a nearby vehicle associated with you, Alan Ly.  Purity ranged from 70 to 90 per cent.  The 8.4 grams found upon you, Finn, was at 90 per cent.  As stated, the relevant traffickable quantity for methylamphetamine is three grams.

17(3)       On Charge 3, also on your person, Sarah Finn, was found to be amount of 1.4 grams of cocaine.  The relevant traffickable quantity is three grams. 

18(4)       On Charge 4, within the room the police found tablets contained in three snap-lock bags and amounting to 1.2 grams of the drug 3,4 methylenedioxyamphetamine, known as MDA.  The relevant traffickable quantity is three grams. 

19(5)       On Charges 5 to 8, small quantities of the drugs alprazolam, diazepam, (both similar medication drugs), methyerpham and pseudoephedrine, (one, I was told, a mixing agent and the other a precursor substance), were found. 

20Another amount of $1500 in cash was located within the room.  Drug equipment and paraphernalia, such as plastic bags and smoking pipes, and other items including several mobile phones, were found. 

21The trafficking charges, Charges 1 to 4, are made out on the basis of possession for sale. 

22Alan Ly, you are now a 26-year-old man.  You live with your cousin in Bayswater.  You have begun an apprenticeship in plumbing.  Your family comes from Vietnam.  You were born and lived here in the Sunshine area and then, from 11, in North Balwyn.  Your family is supportive of you and your older sister gave evidence before me.  You left school after Year 12.  You studied at TAFE for a year and have since worked in sales, including that you managed a fish aquarium in Dandenong for about two years between ages 22 and 24. 

23Through teenage and into early adulthood, you have become drug addicted.  You began using cannabis at 13 and then heroin at 15.  You moved to amphetamine use in late teenage years, it seems as a substitute for heroin.  At the time of offending you were dependent and using Ice methylamphetamine, daily, at rates of one to two grams.  I accept that this offending was related to, and had the purpose of funding, your drug use.

24

Your criminal record, although not extensive, reflects such a drug history.  The criminal history filed with the indictment states one court appearance in

July 2012, when you were fined without conviction for possession of amphetamine and dealing with property suspected of being proceeds of crime.  Mr Melasecca advised me of an earlier Children's Court matter for theft when very young and a subsequent appearance in  July 2014 for possession and use of amphetamine.  Again, you were not convicted. 

25Mr Melasecca placed emphasis upon your attempts at rehabilitation since this offending.  After 21 days in remand you were granted bail.  The report and evidence of Ms Abadee describes your drug history and efforts to rehabilitate with her assistance over the past two years.  That has included relapses, I accept usually honestly reported to her, residential withdrawal with Professor Currie and an unsuccessful admission to Odyssey House, both in mid-2014. 

26You have some contact with Ms Abadee a number of times each week.  I accept her evidence that you are genuine about rehabilitation from drug use and that relapses have become less frequent.  She continues to treat you and there is the prospect of further privately funded drug rehabilitation.  Her treatment could continue, she said, under the regime of a Community Corrections Order.  I was told that you are in a supportive relationship with a young woman  who has a young child. 

27Sarah Finn, you are now 23 years of age and live in East Brunswick with your partner.  Your parents separated when you were young.  Your father was imprisoned.  You have a sister who is married with children.  Your family and partner are supportive of you.  You left school late in Year 12 and worked full-time in a café for about two years.  You began a course in kindergarten teaching, cut short by arrest for this offending.

28Psychologist, Matthew Staios, reports symptoms of anxiety and panic from mid-teenage and gives a present provisional diagnosis of what is called a generalised anxiety disorder.  The tendered medical documents indicate treatment for such symptoms in early 2011 when you were 18.  It was about this time you were introduced to methylamphetamine by a boyfriend.  I was told that at the time of offending, when 21, you were using daily. 

29I take into account as important your successful efforts at drug rehabilitation since the offending.  You were granted bail after 12 days in remand custody.  On bail you engaged in the supported bail program, CISP.  That has included drug counselling, mental health assessment and a period of psychological counselling.  You are stated to have abstained from drug use.  You have worked for 12 months as a telemarketer and your manager speaks well of you in her tendered letter. 

30As is clear, this was serious offending.  Drug trafficking is seen as prevalent and highly damaging to our community.  Here, there was a range of drugs possessed for sale.  That you were both drug users is of limited mitigation, albeit you are not placed in the category of long-term successful drug profiteers.  In the circumstances of such offending as yours, the  sentencing considerations of deterrence, (particularly but not only general deterrence), your moral culpability, condemnation of the offending and the need for proportionate punishment are relevant and must be appropriately applied. 

31There are mitigating and/or moderating factors in both of your cases.  They include the following:

321. Your pleas of guilty.

332.  Your relative youth now but also at time of offending.

343.  This in turn relates to the desirability and prospect of your rehabilitation. Sarah Finn, you have no prior criminal history.  There are no subsequent or pending matters.  You have responded well to  supports on bail.  At 23 you should be seen as having genuine prospects for continued rehabilitation.  Alan Ly, you do not have an extensive criminal record.  It is explicable by your drug history.  Despite admitted relapses, and a subsequent court appearance for drug use, I accept that you are genuine in your desire to reform from such drug use, and that there has been significant ground made.  I found the evidence of Ms Abadee persuasive about this.  I accept that you are trying hard.  Rehabilitation should also be seen as an important consideration in your case. 

354.  There has been a delay of over two years since the offending.  As stated you have both, in your respective ways, moved toward rehabilitation over that time. 

36The now well-known case of Bolton was raised and I have decided that it has application to both of your cases.  Ultimately, after I feel proper consideration of all matters, including the seriousness of the offending and other relevant adverse sentencing factors, I have decided that such adverse sentencing purposes as deterrence and punishment can be met in a way that also assists your rehabilitation.   Your youth and rehabilitative efforts have been important to that decision.

37I shall impose Community Corrections Orders of what I see to be appropriate duration, and with what I see to be appropriate punitive and rehabilitative conditions.  I shall do that without requiring your return to prison.   In doing so, I take into account the respective periods, albeit short, of your remand  custody.  There will be some distinction, for example in duration of the order, between you.  I see this as required by differences, although in some respects slight, in your age, criminal history and circumstance of involvement in the offending.  Sarah Finn, in saying this I make clear I do not accept all of the circumstance of offending you described to the psychologist, Matthew Staios.  You are sentenced on the basis of those circumstances put in the Crown opening and summarised by me. 

38You have both been found suitable for a Community Corrections Order. 

39Stand up please, Mr Ly.  Alan Ly, you are sentenced as follows:

40On Charges 1 to 8 inclusive I impose a Community Corrections Order of four years duration.  The usual terms apply.  The following additional conditions also apply:

41That you perform over that time 450 hours of community work;

42That there be a condition of treatment and rehabilitation related to drug use and dependence;

43That there be a condition the treatment and rehabilitation related to mental health;

44That there be treatment and rehabilitation related to programs to reduce reoffending;

45That there be supervision. 

46I shall also impose a curfew running from four months, that you do not leave your place of residence between the hours of 10.00 pm and 5.00 am. 

47I think I need to be updated on what that address is, bearing in mind the arraignment seemed to indicate a Balwyn address.  We will come to that when the time comes.  Sit down please.  I need to say something further to you, stand up. 

48Had you not pleaded guilty I would have imposed a sentence of immediately served imprisonment for two and a half years, with a minimum term of 18 months.  I will sign, after we have done the Community Corrections Order, a disposal order.  That is related to various items and the drugs, I take it.

49MR HUGHAN:  Various items.

50HIS HONOUR:  Various items found in the room, including the drugs I suppose.

51MR HUGHAN:  It doesn't include the matters that are subject of the summary charges, Your Honour.

52HIS HONOUR:  I'll sign that order.  Sit down, Mr Ly. 

53MR HUGHAN:  If Your Honour pleases. 

54HIS HONOUR:  Sarah Finn, stand up.  On Charges 1 to 8 inclusive I impose a Community Corrections Order of three and a half years.  The usual terms apply.  The additional conditions I impose are these:

55That you perform 400 hours of community work over that period of time;

56That there be treatment and rehabilitation related to drug use and dependence;

57That there be treatment and rehabilitation relating to mental health;

58That there be treatment and rehabilitation, in that you perform programs or engage in programs to reduce reoffending;

59That there be supervision and that there be a curfew for four months running from the day;

60That you do not leave your residence between the hours of 10.00 pm and 5.00 am.

61I shall also impose, in relation to your order, and in relation to Mr Ly's, a judicial monitoring condition and we will set a date for first hearing four months from today.  The detail of that will become clearer. 

62You can both come out of the Dock and be seated behind your barristers.  I need to say to you, you can keep coming as I say it, that had you not pleaded guilty, Sarah Finn, I would have imposed a sentence of two years' imprisonment and you would have had to have served 15 months before being eligible for parole.  There is a disposal order in relation to her as well. 

63MR HUGHAN:  The disposal orders are joined, Your Honour. 

64HIS HONOUR:  All right.  I haven't left anything out so far.

65MR HUGHAN:  Your Honour hasn't formally announced whether the Community Corrections Orders are with or without conviction.

66HIS HONOUR:  They are with conviction.

67MR HUGHAN:  If Your Honour pleases. 

68HIS HONOUR:  What's the address for the curfew?  It's got to be where he's living.  The address upon arraignment was a Balwyn address. 

69MR MELASECCA:  I'll give that to Your Honour.  It's 108/1A Highmoor Avenue, Bayswater. 

70HIS HONOUR:  I'd presume that the address at 1 Dight Avenue, Balwyn is his parents' address?

71MR MELASECCA:  Yes it is, Your Honour.

72HIS HONOUR:  All right.  I think people should give the addresses at which they're living when they're arraigned. 

73MR MELASECCA:  Yes.

74HIS HONOUR:  I won't draw too many adverse inferences about that.  So 108/1A Highmoor Avenue, Bayswater.

75MR MELASECCA:  Correct.  Thank you, Your Honour. 

76HIS HONOUR:  He must have told the Community Corrections people the right address because they noted that and Ringwood is the ‑ ‑ ‑

77MR MELASECCA:  Is the appropriate place, yes Your Honour. 

78HIS HONOUR:  I see.  The Brunswick East address at which the curfew applies and which will dictate where Ms Finn is supervised is - I've got 510/330 Lygon Street, Brunswick East.

79MS GARDE-WILSON:  That's correct, Your Honour. 

80HIS HONOUR:  Thank you.  So the postal address, the street address is 510, I take it.  Is that the situation?

81OFFENDER FINN:  No, the street number is 330. 

82HIS HONOUR:  I see.  510 is the flat or apartment.

83OFFENDER FINN:  Yes.

84HIS HONOUR:  Thank you.  Those documents will be printed out.  In the meantime I'll sign the disposal order, Mr Hughan.

85MR HUGHAN:  If Your Honour pleases.

86HIS HONOUR:  Mr Hughan, there's it there.  That's the disposal order and we're just awaiting the Community Corrections Orders.

87MR HUGHAN:  Yes, Your Honour.  Sorry, just as I'm looking at the order I realise that my instructing solicitor did not insert the date in the date note. 

88HIS HONOUR:  Sorry, I didn't pick that up either.  You can put it if you like.

89MR HUGHAN:  Can I do that with Your Honour's permission?

90HIS HONOUR:  Yes. 

91MR HUGHAN:  27 May 2015.  If Your Honour pleases.

92HIS HONOUR:  I add that it's clear on - I'm just noticing it now, that when being assessed, the Bayswater address was given to the assessor and the assessor made contact with his cousin so that all seems to be properly done. 

93MR HUGHAN:  If Your Honour pleases. 

94HIS HONOUR:  I'll do you first, Ms Finn.  Stand up please.  It's a Community Corrections Order that runs for three and a half years, that is until 26 November 2018.  You must attend at the Carlton Community Correctional Services at 444 Swanston Street, Carlton, within two clear working days of today.  The usual terms that apply to all such orders are these:

95You must not commit another offence for which you could be imprisoned during the time that that order is in force.  All of these offences, including the possession, can attract imprisonment so if you so offended by, for example, having in your possession a small amount of any of these drugs, you would be back before me and I would resentence you for these matters;

96You must comply with the requirements of what is called Regulation 17 of the Sentencing Regulations.  As I understand it, that means you must not attend appointments or other obligatory attendances under this order affected by drugs or alcohol or in possession of illegal drugs;

97You must report to and receive visits from Community Corrections.  You must let Community Corrections know within two clear working days of changing your address or job;

98You must not leave Victoria without first getting permission to do so;

99You must obey all lawful instructions of Community Corrections. 

100The additional conditions are that you perform 400 hours of unpaid community work over that time;

101That you be under supervision;

102That you undergo assessment and treatment for drug abuse and dependence as directed;

103You undergo mental health assessment and treatment as directed;

104You participate in programs, or courses, that address offending factors, as directed and that there be a curfew;

105That you remain at 510/330 Lygon Street, Brunswick East between the hours of 10.00 at night and 5.00 in the morning for the next four months.  If you fail to comply with that, including coming back before me, the curfew is likely to be increased.  Do you understand the effect of that and those conditions?  And you agree to the order? 

106OFFENDER FINN:  Yes.

107HIS HONOUR:  All right.  I'll ‑ ‑ ‑

108MR HUGHAN:  Sorry, Your Honour, just before you ‑ ‑ ‑

109HIS HONOUR:  I see, yes?

110MR HUGHAN:  ‑ ‑ ‑ put your pen to paper.  There was two things; the judicial monitoring was one but I think Your Honour also, when outlining the proposed conditions earlier, did say supervision and I didn't hear ‑ ‑ ‑

111HIS HONOUR:  No, I included supervision.  It's here.

112MR HUGHAN:  Your Honour, I'm having trouble with my hearing this morning, I'm afraid. 

113HIS HONOUR:  The judicial monitoring condition is that you attend for review at this court on 28 September 2015.  I'll get a report before then.  You won't have to come and see me, if you've been complying, but if you haven't been complying, I'll get you to come here and we'll have to look at what happens next.  All right.  You agree to sign the order on those conditions, understanding them?

114OFFNEDER FINN:  Yes.

115HIS HONOUR:  I'll hand it - you'll have to sign in two places, both parties.  Thank you.  You can sit down now.  We're having a problem with the computer - related.  You need to sign them on both pages.  I'll hand that down to you.  That's the judicial monitoring.  Not for the first time the computer has let us down.  What do you need to do, (Indistinct)?  You're excused, your client can go.

116MS GARDE-WILSON:  Thank you, Your Honour. 

117HIS HONOUR:  We're going to have to fix it up, Mr Melasecca.  Do you have to be anywhere?

118MR MELASECCA:  No, that's all right, sir.  I'm just instructing and counsel has the matter well informed.

119HIS HONOUR:  All right.  While I'm here, I might get the trial people to come in and just see what's in store for us. 

120MR HUGHAN:  Day one, Your Honour?

121HIS HONOUR:  Sorry?

122MR HUGHAN:  Is it day one?

123HIS HONOUR:  It's day two but it might as well be day one. 

124MR HUGHAN:  Do you want me to go and mention it?

125HIS HONOUR:  No.  I'll wait here and Mr Stewart, when you're ready. 

126MR HUGHAN:  Your Honour, Your Honour announced the date, the judicial monitoring being 28 September.

127HIS HONOUR:  That's a Saturday, is it?

128MR HUGHAN:  No, worse than that, Your Honour.  It's the date that the Magistrates' Court matter is listed. 

129HIS HONOUR:  At Ringwood?

130MR HUGHAN:  It's the proposed mention date.

131HIS HONOUR:  She's gone now.

132MR HUGHAN:  I can tell Ms ‑ ‑ ‑

133HIS HONOUR:  Yes.  I'll change it to the - what's the 29th?  Is that?

134MR HUGHAN:  Your Honour, let me check the calendar.  It maybe that the informant may have chosen a Friday.  I've got a feeling that - so 28th is a Monday, is it?

135HIS HONOUR:  We'll make it the 29th.

136MR HUGHAN:  For the judicial ‑ ‑ ‑

137HIS HONOUR:  For both, yes. 

138MR HUGHAN:  For the judicial monitoring and ‑ ‑ ‑

139HIS HONOUR:  Yes. 

140MR HUGHAN:  Hopefully it wouldn't require any appearances, Your Honour.

141HIS HONOUR:  That's right.  It would play out all right if the person was complying but I impose a lot of judicial monitoring conditions because I think I might as well know whether or not what I was told in the plea was a lot of hot air or whether they mean it.  I reckon 75 per cent go all right so it's everybody's - whether 25 per cent not going all right is good, bad or indifferent, it would depend on people's view of things. 

142MR HUGHAN:  I have not had much experience with the judicial monitoring but I think as a concept I think it's very good, in the sense that if people know, as opposed to - if people know they've got to front up to the corrections office and explain a misdeed, as opposed to having to front up to Your Honour to explain a misdeed, I think that's more of an incentive ‑ ‑ ‑

143HIS HONOUR:  I think it's a good idea.  Some people think it's not something a Judge should engage in but I think it's a good idea and I think it works reasonably well. 

144MR HUGHAN:  I think from Your Honour's point of view, it'd be good to actually see, you know, how things pan out for people.

145HIS HONOUR:  You do.  As I said, 75 per cent go pretty well.  The computer's failing to print out a Community Corrections Order so I'll just ask you now what's in store today.

146(At this stage the court proceeded with another matter.)

(At a later stage.)

147HIS HONOUR:  Just to confirm that address.  It's 108/1A Highmoor Avenue, Bayswater.  Is that it?

148MR MELASECCA:  Yes, Your Honour.

149HIS HONOUR:  Stand up, Mr Ly.  As you've heard I'm imposing a Community Corrections Order.  It runs for four years from today and therefore ends on 26 May 2019.  You're to attend within two clear working days of today the Ringwood Community Correctional Services at Level 1/2 Bond Street, Ringwood.  The other usual terms are you must not commit another offence for which you could be imprisoned during the four years.  You heard what I said to Ms Finn?  Possession of a small amount of any of these drugs makes you liable to imprisonment.  You don't have to get imprisonment to be brought back before me so there's a bit of pressure on you, I would have thought.  Then I have to revisit it all.  We look at it all afresh, these matters. 

150The others are these; you comply with that regulation under the Sentencing Regulations.  That is, you do not attend appointments, workplaces or the like affected by drugs or alcohol, or with illegal drugs.  You must report to, and receive visits from, the Community Corrections people.  You must let Community Corrections know within two clear working days of changing your address or job.  You must not leave Victoria without getting permission to do so.  You must obey all lawful instructions of Community Corrections. 

151In addition, your conditions are you perform 450 hours of unpaid work over that four years, as directed.  You will be under supervision by a Community Correction officer, that you undergo assessment and treatment for drug abuse and dependency, that you undergo mental health assessment and treatment as directed, and that you participated in programs that address offending factors, as directed.  The curfew is this, that you must remain at 108/1A Highmoor Avenue, Bayswater between the hours of 10.00 at night and 5.00 in the morning, for four months running from today.  If you do not comply with that, that is one way you would be brought back before me.  But, in any event, the additional curfew hours, or additional curfew period, can be imposed as well. 

152Your judicial monitoring is this, that you have got to attend - I will change it by hand.  It is the 28th is the court day.  It is the 29th.  Can I change it by hand or can you change it here?  I really don't want to wait ‑ ‑ ‑

153ASSOCIATE:  (Indistinct).

154HIS HONOUR:  All right.  I'm just going to initial that.  I'll get you to initial the change too and to sign it.  Do you understand all of that?

155OFFENDER LY:  Yes.

156HIS HONOUR:  Do you agree to it?

157HIS HONOUR:  Yep.

158HIS HONOUR:  All right.  I'll hand the document down to you now.  I'll get you to sign it but also initial it, where I've made the change to the 29th.  Judicial monitoring means this, I get a report about two weeks' before that day and if you are going all right, if you are going well, you do not have to come and see me.  If you are not, you come and see me and then we look at it.  These things, these Community Corrections, may appear to some people to be a lot better than gaol and I suppose they are but if you do not comply with them, they are not.  So best of luck with it. 

159MR MELASECCA:  May it please the court.

160HIS HONOUR:  Thank you, Mr Melasecca.  Thank you, Mr Hughan. 

161MR HUGHAN:  If Your Honour pleases. 

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