Director of Public Prosecutions v Gibson

[2021] VCC 1323

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CR-21-00629

DIRECTOR OF PUBLIC PROSECUTIONS

v

JACINTA GIBSON

---

JUDGE:	Her Honour Judge Brimer
WHERE HELD:	Melbourne
DATE OF HEARING:	25 August 2021
DATE OF SENTENCE:	10 September 2021
CASE MAY BE CITED AS:	DPP v Gibson
MEDIUM NEUTRAL CITATION:	[2021] VCC 1323

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW    

Catchwords:              Sentence after plea of guilty – aggravated burglary – assault – destroying property – plea of guilty during COVID-19 pandemic – first time in custody – moral culpability – mental health – alcohol and drug use – vigilante justice – whether need for general deterrence - favourable prospects of rehabilitation – family support – combination sentence

Legislation Cited:      Crimes Act 1958 (Vic) ss 77, 197(2); Sentencing Act 1991 (Vic) ss 9, 44(1), 6AAA

Cases Cited:DPP v Terrick [2009] VSCA 220; Harvey v The Queen [2021] VSCA 84; Neale v The Queen (1982) 149 CLR 305; R v Cincotta (Unreported, Victorian Court of Appeal, 15 October 1997); R v Verdins (2007) 16 VR 269; DPP v Dalgleish (2017) 262 CLR 428; Boulton v The Queen (2014) 46 VR 308

Sentence:                  Total effective sentence of 34 days’ imprisonment; 34 days of pre-sentence detention reckoned as time served; community correction order of two years and six months to commence immediately       

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Ms M Zammit	OPP
For the Accused	Ms L Conwell	Stary Norton Halphen

HER HONOUR:

1Jacinta Gibson, you have pleaded guilty to:

(a) one charge of aggravated burglary contrary to section 77 of the Crimes Act 1958;

(b)   one charge of assault contrary to the common law; and

(c) one charge of destroying property contrary to section 197(2) of the Crimes Act 1958.

2The maximum penalties for these offences are terms of imprisonment of 25 years, 5 years and 15 years respectively.

Circumstances of the offending

3I will summarise briefly the circumstances of your offending. At the time of your offending, you lived in a unit in the suburb of Grovedale. The victim lived with a couple, Mr Ornsby and Ms Woollett, in the unit next door to yours. You knew the victim, Mr Ornsby and Ms Woollett.

4At approximately 10:31am on Saturday 12 September 2020, you phoned the victim and left a voice message stating, “I'm coming to kill you… you rapist”. The victim was asleep at the time and did not hear your message.

5A short time later, you entered the victim’s unit which was unlocked. The victim was asleep in his bedroom. Mr Ornsby and Ms Woollett were asleep on a mattress in the kitchen area.

6You went into the victim's bedroom and climbed on top of him, placing one knee on his abdominal area and the other on his bed. In an attempt to strangle the victim, you put your hands around his neck and pressed your thumbs into the front of his neck. The victim woke up and pushed you off him, although your hands remained around his neck. The victim screamed out “help” at the top of his voice. He tried to get you out of his bedroom, but you kept pulling his hair and his shirt. While doing so, you called the victim a “predator” and a “rapist”.

7Ms Woollett was woken by the victim’s screams. She rushed to the victim’s bedroom and saw you with both hands around his neck. Ms Woollett ran back to the kitchen area, woke Mr Ornsby and told him that you were attacking the victim. Mr Ornsby ran to the victim’s aid and helped push you out the front door, before closing and locking it.

8You fell over the doorstep and were lying on the ground calling out, “Get ya daughter… Go on get ya fuckin daughter… You're a rapist, my dad knows, my mum knows”. You then got up and began banging on the front security door and the narrow window beside it saying, “Get her… Get the cunt”. Ms Woollett recorded this on her mobile phone.

9The victim called 000 to report the incident. While the victim was on the phone, you picked up a small buddha statue and used it to smash the narrow window beside the security door. You then crawled through the broken window into the front entrance area of the unit. You lacerated your left wrist in the process.

10Your wrist was bleeding profusely onto the floor and Mr Ornsby tried to convince you to wrap your arm in a towel and leave the property. You stood in the front entrance area talking. You then tried to walk up the hallway towards the victim but were stopped by Mr Ornsby and Ms Woollett. You said, “I’ll hurt anyone but [Mr Ornsby]”. Ms Woollett recorded this on her mobile phone.

11It is clear from the recording that you were heavily alcohol or drug affected at the time of your offending. You were slurring your words. You had a blood alcohol content of 0.40 when you were later assessed at hospital.

Investigation, arrest and interview

12At approximately 11:05am, three police officers arrived at the victim’s unit. They entered and saw you screaming and attempting to attack Ms Woollett. The police officers pushed you into the lounge area and held you down on the floor while attempting to stop the bleeding. You said several times to one of the police officers that you had been raped.

13Shortly after, a fourth police officer arrived and helped bandage the laceration on your wrist.

14Ambulance officers then arrived and took you to University Hospital Geelong. On your way to the hospital, and while being treated at the hospital, you continued to yell that you had been raped and wanted to be let out so you could kill the victim.

15At approximately 10:55pm, two police officers attended the hospital and arrested you in relation to aggravated burglary. You were not interviewed as you required surgery, however you remained under police guard.

16On Sunday 13 September 2020, a bedside remand application was made and you were formally remanded.

17On Thursday 15 October 2020, you were granted bail.

Plea of guilty

18You pleaded guilty at the committal mention stage. I accept that by your early plea, you have saved the community the time and expense of a trial and shown willingness to facilitate the course of justice.

19I have had regard to what has been said by the Court of Appeal that a plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation than a similar plea entered at a time when the community and the courts are not impacted by the pandemic. 

20I accept that your guilty plea demonstrates remorse. Your remorse finds expression in the reports tendered on your plea. When the author of the Community Correction Order Assessment report asked about your reflections on this offending, you said you were “regretful and shocked” and had emergency sessions with a psychologist. When asked about the impact on the victim, you accepted he would have felt “traumatised”.

Pre-sentence detention

21Total pre-sentence detention in this matter is 34 days.

Prior convictions

22You have a limited prior criminal history. In 2008, you received adjourned undertakings without conviction in relation to two charges of shop stealing. In 2017, you were fined $50 without conviction in relation to one charge of shop stealing.

23This was your first time in custody.

Personal circumstances

24The individual circumstances of an offender are always relevant to sentencing.[1] You are 37 years old. Your mother is of Polish background and your father is a retired tiler. You have a brother with whom you have recently reconciled.

[1]        DPP v Terrick [2009] VSCA 220, [46].

25You childhood was described as turbulent. Your mother could be overbearing. She suffered depression and would drink often and heavily. Your father cared for you, but was not particularly warm. You have some good memories such as camping and fishing with your family. However, you also have memories of your parents hosting parties that were out of control. Weekends would cause you great anxiety as a child, as you knew your parents and their friends would cause havoc in the house.

26You have experienced anxiety and symptoms of depression since childhood. Despite this, you finished Year 12 and went on to complete a Diploma in Marketing and a Bachelor of Criminology, majoring in psychology. You worked and travelled throughout your studies.

27Your mental health deteriorated in your late 20s and has since burdened you. You were under the care of Barwon Health for various periods in 2007, 2013, 2016, 2018 and 2019.

28In August 2018, you spent a night in hospital. You were case managed by the Surfcoast Community Mental Health team in the months leading up to that admission in August 2018 and afterwards.

29In 2019, you commenced a relationship with an ex-Defence Force officer who suffered PTSD from being deployed overseas. Your relationship was marked with excessive alcohol consumption.

30In February 2020, you were admitted to drug and alcohol rehabilitation at the Geelong Clinic. In March 2020, you were hospitalised at the Wyndham Clinic, a mental health hospital, for a week.

31On 6 April 2020, you were taken to hospital for intoxication and self-harm. Your relationship ended as a result.

32In May 2020, you allege that you were sexually assaulted by the victim in this matter. In the months following, you were treated for mental health and alcohol abuse issues including an admission to the emergency department in July 2020 and again on 28 August 2020.

33On 9 July 2020 you sought and were granted an interim intervention order against the victim of these offences.

34Since being granted bail on 15 October 2020, you have lived with your parents who are supporting you. You have engaged in alcohol and drug treatment and complex counselling. You have continued to see a psychologist, Mr Rosson, voluntarily on an ongoing basis. You have sessions booked in advance to December 2021.

35You have also engaged in your local community, including playing tennis and pickleball.

Objective gravity of the offence

36Your offending is serious. You attempted to strangle the victim in his own home. You stopped assaulting the victim only when Mr Ornsby, intervened. Mr Ornsby pushed you out of the unit and locked the front door. Instead of returning to your unit or leaving, you broke a window and crawled back into the victim’s unit.

37Ms Zammit submitted that your offending is more serious because it was somewhat planned. You called the victim and left a voicemail saying, “I'm coming to kill you… you rapist”, before you entered his unit. I accept that the message is evidence of some forethought, however, the voicemail was left only 14 minutes before the victim called 000. This is suggestive of little planning on your part. It must also be considered in the context of your high level of intoxication.

Victim Impact Statement

38The impact of your offending is serious. The victim had been discharged from hospital the day before your offending after being treated for heart problems. He was conveyed to University Hospital Geelong following the incident, as he was suffering chest pains and there were concerns for his overall health.

39In his Victim Impact Statement, the victim described the physical and emotional effects your offending has had on him. He is always nervous, has the shakes and no longer feels safe within his home. He has noticed general confusion and memory loss, believing the stress has contributed to his medical issues. The offending has had a severe impact on his mental health and he sees his psychologist every couple of weeks.

40Dr Waldron at Fullerton Health noted in a letter dated 18 August 2021 that, in summary, the victim suffers severe insomnia and fear. He remains on antidepressants and anxiolytics to help with symptoms. Dr Wilson, psychologist stated that the victim still suffers from nightmares and flashbacks and his physical and mental health has been on the decline ever since the attack.

41I have also had regard to a report dated 11 August 2021 from Dr Hodges, Clinical Haematologist to Dr Waldron Fullerton Health regarding the victim’s history of clotting including venous sinus thrombosis in November 2020. 

General deterrence

42General deterrence is a significant sentencing consideration in respect of this sort of offending. The victim was in a vulnerable position, asleep in his own home.

43I have considered the principles relied on by Ms Zammit regarding sentencing in matters involving elements of ‘vigilante justice.’[2]  It is “… clearly established that the law cannot countenance individuals taking the law into their own hands, meting out punishment for perceived wrongdoing.”[3]

[2] Harvey v The Queen [2021] VSCA 84

[3] Ibid [52].

44Ms Conwell submitted your conduct is qualitatively different from the authorities on this point. You acted alone, your offending was marked by chaos and hopelessness.

45The Court denounces individuals taking the law into their own hands. However, given your particular circumstances which are addressed next, the utility of using you as a vehicle to deter others needs to be carefully evaluated. Ms Zammit accepted that the weight given to general deterrence ought be moderated given your particular circumstances and I have done so.

Moral culpability

46The assessment of your moral culpability needs to be made in the broader context of your long-term mental health issues.

47You described to Dr Pandurangi, psychiatrist, experiencing symptoms of mental illness since your late teens. Dr Pandurangi diagnosed you with severe personality disorder and episodes of Recurrent Depressive Disorder. As I mentioned earlier, you were under the care of Barwon Health for various period between 2007 and 2019 due to mental health issues.

48

You alleged the victim in this matter sexually assaulted you two months before your offending. You complained to your General Practitioner in June 2020 that your neighbour had sexually assaulted you while you were intoxicated. On

4 September 2020, you made contact with the Sexual Assault and Family Violence Centre and spoke to a counsellor. On 21 July 2020, you presented to an emergency department intoxicated and threatening suicide. Hospital staff found you to be in possession of a knife and you made reference to being sexually assaulted by the victim. On 28 August, you attended an emergency department intoxicated and suicidal with ideas. You reported not feeling safe in your home due to being sexually assaulted by your neighbour.

49Ms Conwell contended that based on the evidence, the Court could find it more probable than not that you were sexually assaulted. Alternatively, it is sufficient to find that you believed the victim in this matter sexually assaulted you. Ms Zammit submitted that it is irrelevant for the purpose of sentencing you for the Court to determine whether or not the alleged sexual offending occurred. The prosecution accepted that you believe that the victim of your offending sexually assaulted you some months before the offending.

50It is not appropriate or necessary for me to make factual findings as to whether the alleged sexual assault occurred, rather I accept and proceed on the basis of your belief that the victim in this matter sexually assaulted you.

51There is a temporal connection between the time of the alleged sexual assault and a significant decline in your mental health. Dr Panduragani opines that at the time of the offending, you were suffering Post-Traumatic Stress Disorder and a severe Personality Disorder. The distress of the alleged sexual assault, your inability to cope with the situation, your state of mind and level of intoxication contributed to your offending.

52Ms Conwell submitted that you were experiencing what might be described as a ‘crisis’ at the time of the aggravated burglary. As well as coping with the aftermath of the alleged sexual assault, you had recently separated from your boyfriend and were suffering social isolation. The circumstances of the alleged sexual violence may be explanatory, if not causative, of your offending.[4] Your counsel further submitted that I should take into account your emotional stress in evaluating your moral culpability.[5] Emotional stress offers a logical explanation for your offending, which is otherwise out of character.[6]

[4]        DPP v Terrick [2009] VSCA 220, [46].

[5]        Neale v The Queen (1982) 149 CLR 305, 324 (Brennan J).

[6]        R v Cincotta (Unreported, Victorian Court of Appeal, 15 October 1997) (Charles JA).

53Ms Zammit accepted that your mental health history is part of a combination of circumstances including your relationship breakdown, the alleged sexual assault, social isolation and intoxication that culminated in this offending that is a mitigating factor in your case.

54I have had regard to both your prolonged and proximate mental health factors in moderating your culpability.

Prospects of rehabilitation

55Having regard to the material tendered on your plea, I consider your prospects of rehabilitation are favourable.

56You were granted bail on 15 October 2020 with strict conditions. You have been living with your parents in Jan Juc and complying with the Court Integrated Services Program (CISP).

57You have shown a commitment to attending regular medical appointments. The letter dated 9 February 2021 from Ms Telfer-Smith, Forensic Alcohol and Drugs Clinician from the Australian Community Support Organisation confirms that you attended a total of seven alcohol and drug counselling session whilst on bail. You adopted all information given to you enthusiastically and was able to demonstrate understanding of the tools associated with cognitive behavioural therapy, acceptance commitment therapy, dialectical behavioural therapy and mindfulness.

58Ms Kerrie Neave, CISP Case Manager, in her report dated 4 February 2021, observed that you engaged openly and honestly with the CISP and utilised case management appointments to your benefit.  You expressed and demonstrated motivation in your recovery. You researched avenues to engage in further study and expressed an interest in obtaining qualifications to eventually secure employment as a peer worker.

59

You have seen your General Practitioner on a fortnightly basis and your clinical psychologist, Mr Rosson, on eight occasions between 21 January 2021 and 3 June 2021. Mr Rosson reported that you have made some rapid progress and have a

“high level of motivation to explore and address the underlying psychological processes that likely contribute to her anxiety and maladaptive coping responses”.

60You have not reoffended. You are compliant with treatment and your medication regime, you have the support of your family and have entrenched yourself in the local community through sport. You have been offered a job as a cleaner working 10 hours a week. Ms Zammit accepted that your performance on bail has been incredible, and that you have gone “above and beyond”.

61Your father wrote in his character reference dated 24 May 2021 that your “short stint in remand has been a real wakeup call” and you “certainly have no intentions to return to that unfortunate chapter in [your] life”.

Specific deterrence

62I have moderated the weight to be given to specific deterrence in light of your favourable prospects of rehabilitation and your remorse. Ms Zammit conceded that in light of your personal circumstances, including your lack of relevant prior convictions, your history and mental state at the time of the offending, together with the 35 days you have spent in custody, specific deterrence ought be accorded lesser weight than it might otherwise.

Verdins

63Ms Conwell submitted that a sentence of imprisonment would weigh more heavily on you than it would a person in normal health, and any sentence imposed ought be mitigated as there is a ‘‘serious risk’’ imprisonment will have a ‘‘significantly adverse effect’’ on your mental health.[7] The nature of your condition, combining social anxiety and severe personality disorder, is not easily managed in the community let alone in custody.

[7]        R v Verdins (2007) 16 VR 269, 276 [28]-[32].

64

She relied on the opinion of Dr Pandurangi. In a supplementary report dated

18 August 2021, he stated that incarceration would be detrimental to your mental health and would disrupt the gains you have made in the community since the offending. You actively sought assistance for your mental health and alcohol problems and have made changes to your lifestyle. Dr Pandurangi considers that your severe personality disorder is enduring in nature and improvement would depend on the opportunities for treatment and motivation to engage in treatment. 

65Dr Rosson noted your high level of motivation to explore and address underlying psychological processes. I accept that Verdins principles 5 and 6 are applicable mitigatory factors in your case and I have given effect to them in considering the appropriate sentence to impose on you.

Current sentencing practices

66I am obliged to have regard to current sentencing practices in determining the sentence, though I note the guidance of the High Court in DPP v Dalgleish that current sentencing practices are one of the many factors that must be taken into account in sentencing.[8]

[8] (2017) 262 CLR 428.

67I have looked at the Sentencing Advisory Council Higher Courts Statistics for these offences. They reflect the seriousness of the offences. For example, a term of imprisonment was imposed in 80.3 per cent of aggravated burglary charges. Similarly, a team of imprisonment was imposed in 73.8 per cent of common assault charges.

68Every case is different and the Court must have regard to the individual circumstances of each case.

Sentencing submissions

69Ms Conwell submitted that a Community Correction Order is appropriate and ought be imposed. In light of the complex and forceful matters in mitigation and your rehabilitative progress, returning you to custody should be an option of last resort. Boulton is authority that a Community Correction Order can be imposed in serious cases like this.[9] Whilst a Community Correction Order is punitive, it also allows for necessary supervision, treatment and monitoring. Advancing your rehabilitation is in the best interest of the community.

[9]        Boulton v The Queen (2014) 46 VR 308.

70Ms Zammit submitted that a combination sentence is an appropriate sentencing disposition, given the facts of this matter and your personal circumstances both before and after the commission of the offences. Given your lack of prior convictions and the steps you had taken towards rehabilitation since being granted bail, the prosecution agreed with your counsel’s submission that no further period of imprisonment ought be imposed.

Assessments

71

The Court received a Community Correction Order Assessment Report on

27 August 2021. You have been assessed as a suitable candidate for a Community Correction Order. Due to changes implemented in Community Correctional Services as part of the Government’s response to COVID-19, the community work program is currently suspended and as such, was not recommended.

72The Court also received Mental Health Advice and Response Service Report on 27 August 2021. In the report, the clinician describes you as “polite and well engaged”. The clinician recommends that you continue to engage with a psychologist, whether that be Mr Rosson or the Mental Health Advice and Response Service through your General Practitioner. This will be important for addressing your Recurrent Depressive Disorder and personality difficulties. It is also recommended that your General Practitioner monitor your mental state.

Consideration

73I have had regard to s 44(1) of the Sentencing Act 1991, which allows the Court to make a combined term of imprisonment and Community Correction Order if the term of imprisonment to be served, after deduction of any pre-sentence detention, is one year or less.

74Having carefully considered, balanced and weighed all of the matters referred to during the course of the plea, I consider that a combination sentence best achieves the right balance.

75In my view, a term of imprisonment of ‘time served’ is appropriate in light of the mitigating factors including your personal circumstances and the impact of the Covid-19 crisis on conditions of imprisonment operating to make it more burdensome.

76Albeit short, the term of imprisonment signifies that offending of this type is serious and addresses considerations of general deterrence.

77I consider a lengthy Community Correction Order to be appropriate. The imposition of conditions directed towards your mental health, alcohol and drug use, which played a role in your offending, addresses the sentencing considerations of rehabilitation and the attendant reduction in recidivism. The protection of the community is served by your rehabilitation. The imposition of conditions requiring supervision address compliance.

78I heard submissions from counsel this morning in respect of the imposition of an alcohol exclusion condition.  I have considered the submissions of counsel in that regard.  On balance, I consider the rehabilitation and the Community Correction Order are best served by encouraging full disclosure.  You have demonstrated you are prepared to be honest and to disclose, in particularly previously disclosed three times throughout the episode of CISP having lapsed.

79As I have said, rehabilitation best achieves the attendant reduction in recidivism.  I also note that you are currently living or that you are living now with your parents.  I do not propose to impose an alcohol exclusion condition, having considered those submissions and on balance formed that view.

Orders

80On charges 1 (aggravated burglary), 2 (common assault) and 3 (damaging property), I sentence you to an aggregate term of imprisonment of 34 days. These offences are founded on the same facts, or form, or are part of a series of offences of the same or similar character in accordance with s 9 of the Sentencing Act 1991. There is both a factual and temporal nexus between the charges. 

81I declare that there are 34 days of pre-sentence detention to be reckoned as having been served.

82In addition to the sentence of imprisonment, I make a Community Correction Order of two years and six months to commence immediately.

83Because you have to consent to a Community Correction Order being  imposed, I will tell you what the conditions are. The core conditions attached to every Community Correction Order are that you must:

(a)   not commit another offence for which you could imprisoned;

(b)   report to, and received visits from, Corrections Victoria; 

(c)   notify Corrections Victoria of any change of address or employment;

(d)   not leave Victoria without permission of Corrections Victoria;  and

(e)   comply with any direction given by Corrections Victoria to ensure compliance with the order.

84I will also order that you comply with other conditions during that two and half years.

85You must be under the supervision of a Community Corrections Officer.

86You must undergo assessment and treatment, including testing, for alcohol and drug abuse or dependency as directed by the Regional Manager.

87You 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.

88You must participate in any programs and courses that addresses factors related to your offending as directed by the Regional Manager.

89

If you consent to a Community Corrections Order being made, you will need to report to Geelong Regional Justice Office, I am sure Covid-19 appropriate arrangements will be made in respect of that, by no later than 4pm on

14 September  2021.

90Do you consent to a Community Correction Order being made with the conditions I outlined attached?  I will just ask Ms Gibson to be unmuted so that she can respond?  Ms Gibson, do you consent to that order with those conditions being made?

91OFFENDER:  I do, Your Honour.

92HER HONOUR:  If you do not complete any condition of the Community Correction Order, you will be brought back before me to be re-sentenced and also be dealt with for not doing what you were ordered to do under the order. Do you understand what will happen if you do not complete any condition of the Community Correction Order?

93OFFENDER:  I do, Your Honour.

Section 6AAA declaration

94HER HONOUR: Pursuant to s 6AAA of the Sentencing Act1991, I declare that had you pleaded not guilty to these charges and been found guilty of them, I would have sentenced you to a term of imprisonment of 6 months together with a Community Correction Order of 3 years.

95Ms Conwell, what I propose to do is to stand the matter down so that that order can be emailed to both you and to Ms Zammit and then to give you the opportunity whilst the matter is stood down for you to explain that order in detail to Ms Gibson and then I will come back on and ask you to confirm that that has been done.

96MS CONWELL:  Yes, Your Honour.

97HER HONOUR:  With the Covid situation, what I then propose to do is to note Ms Gibson's consent on the order and to circulate the order to you and, of course, Geelong Community Correctional Service.

98Ms Zammit, just before I do that there was a disposal order sought?

99MS ZAMMIT:  Yes, Your Honour.

100HER HONOUR:  Ms Conwell, is that consented to?

101MS CONWELL:  Yes, Your Honour.

102HER HONOUR:  I will make the disposal order as well.  I will stand the matter down.  Any matters to raise before I do that?

103COUNSEL:  No, Your Honour.

104HER HONOUR:  Perhaps if you could indicate to my associate when you're ready and I will come back onto the Bench.

(Short adjournment.)

105

Thank you, Ms Conwell, did you have a chance to explain the conditions to

Ms Gibson?

106MS CONWELL:  I did, Your Honour, thank you.  She understands those conditions and consents to the order.

107HER HONOUR:  Thank you, Ms Conwell.  I note that the order is that Ms Gibson must attend at the correctional services, I am not sure what the restrictions are in Geelong now but I note that there is a phone number there but that is the order that she must attend.

108MS CONWELL:  Yes, Your Honour.  I'll contact Geelong Corrections and ascertain whether that is to be in person and inform my instructor accordingly.

109HER HONOUR:  Yes, thank you, Ms Conwell.  If there are no other matters to raise I would ask to please adjourn the court sine die.

- - -