Director of Public Prosecutions v Gonzales

[2024] VCC 2041

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CR-23-01001
Indictment No. N11024743

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSEPH GONZALES

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JUDGE:	HIS HONOUR JUDGE GEORGIOU
WHERE HELD:	Melbourne
DATE OF PLEA HEARING:	11 October 2024, 11 December 2024
DATE OF SENTENCE:	13 December 2024
CASE MAY BE CITED AS:	DPP v Gonzales
MEDIUM NEUTRAL CITATION:	[2024] VCC 2041

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Sentence – Guilty pleas – recklessly causing injury – attempted armed robbery - significant history of physical and mental health issues – offending linked to untreated mental health issues, substance use and past trauma - Verdins principles 1-6 .

Legislation Cited:      Sentencing Act1991; Sentencing Regulations 2021.

Cases Cited:R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269; Bugmy v R (2013) 249 CLR 571; Marrah v R [2014] VSCA 199; R v Lacy (2007) 176 A Crim R 331; R v McKee; R v Brookes (2003) 138 A Crim R 88.

Sentence:                  8 months’ imprisonment with a CCO of 18 months with conditions.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B Nibbs	Solicitor for the Office of Public Prosecutions
For the Offender	Ms T Bolton	Sarah Pratt and Associates

HIS HONOUR:

1Joseph Gonzales, you have pleaded guilty to a charge of recklessly causing injury and a charge of attempted armed robbery.

2The offences occurred at an apartment block in Springfield Avenue, Toorak.  You lived at that address, as did the victim, Brian Huang. You were next door neighbours and you knew each other.

3On 19 May 2022, at approximately 6.45 am, Mr Huang was in bed and woke to the sound of you knocking on his front door.  Mr Huang went to the door and opened it.  You barged inside of Mr Huang's unit and accused him of spying on you.  Mr Huang noticed you were holding something in your hand, but he could not see it clearly as he was not wearing his glasses.

4Once inside the unit, you continued with your accusations, which also included an allegation that Mr Huang was sending text messages to your 17-year-old daughter.  Mr Huang showed you the conversation feed on his phone.  You continued arguing for some 15 to 20 minutes inside his apartment.

5You also told Mr Huang that he needed to ‘pay you back’.  Mr Huang said he was going to leave.  He started walking towards the hallway of his apartment.  You blocked his exit and put your hands around his neck to stop him from leaving.  You continued to make accusations about Mr Huang and your daughter.

6Mr Huang pushed you against the wall in an attempt to escape from his own premises.  He saw, at this point, that you were holding a machete. You poked it at his chest while telling him to get back inside.  You still had hold of Mr Huang's neck.  Mr Huang tried to push past the machete, but in so doing, he cut his left hand.  This is part of the basis of the charge of recklessly causing injury.

7Mr Huang went to the bathroom to get tissues to staunch the bleeding.  He also tried to calm you down, but you continued with your aggression.

8You demanded Mr Huang download the application 'Trust Wallet' onto your mobile phone, and he did as you instructed.  Once the application was downloaded, you went through the verification process with Mr Huang and took a photograph of the content of Mr Huang's mobile phone number.  You told Mr Huang to place $7,000 into the account.  You then asked for his bank details. Mr Huang told you his bank cards were in his car outside the apartment.  This conduct forms the basis of the charge of attempted armed robbery. 

9Mr Huang went to his car and you followed him, still in possession of the machete.  At the car, Mr Huang selected some random cards, and you took hold of his work telephone before the two of you walked back to his apartment.

10Mr Huang got inside his apartment and tried to lock you out.  You got halfway inside, eventually overpowering Mr Huang and forcing your way fully into the apartment.  You told him not to try anything funny and kept the machete close to him.  He asked you to put the machete down, and a wrestle between you then ensued. 

11While wrestling, you both ended up outside, onto the balcony of Mr Huang's apartment.  The wrestling continued. Mr Huang was trying to get the machete from you. He managed to get it and pushed it over the balcony of the first floor, where it landed on the ground.  Mr Huang was then able to get to his feet and run from his apartment towards some tradesmen who were at the bottom of the stairwell.

12They told Mr Huang to get onto the ground and they kept you and him separated while they called police. At approximately 7.28am police attended.  An ambulance was also called to treat you and Mr Huang.  You were placed under arrest.

13Mr Huang was transported to The Alfred hospital by ambulance and was treated for his injuries.  He suffered blunt-force trauma to the face and legs, and sharp trauma injuries to both hands.  The charge of recklessly causing injury is also constituted by the further injuries Mr Huang received during the physical altercation.

14You suffered a 5-7 centimetre-deep laceration to your left forearm that required surgery.

15On 21 May 2022, you were discharged from The Alfred Hospital and transported to Prahran police station for interview.  A forensic medical officer deemed you unfit for interview.

Background and personal circumstances

16You were born in the Philippines in May 1977.  You are now 47 years of age.

17You moved to Australia in 1986 with your mother and initially lived in Sydney.

18Your father, who worked as a chemical engineer, died in 1984 following a heart attack.  Your mother continues to live in Sydney with her second husband, your stepfather.  Your mother is employed as an accountant.  You state you are close to her, communicating mainly through Facebook.  Your stepfather, who entered your life when you were aged approximately six years old, works as an immigration lawyer. 

19You state you grew up in a very religious environment.

20Your relationship with your stepfather, you report, became very difficult in approximately 1991, after you returned from visiting your grandfather in the Philippines.  You were subjected to physical abuse and you report the abuse extended to violence towards your mother.  The frequent physical abuse ultimately led to you moving out of home in 1992, at the age of 15.

21Your mother found you an apartment after you left home.  You lived alone in the apartment for approximately two years, supported financially by your mother. It was while living on your own that you began associating with a negative peer group.  You had a brief return home, but at the age of 18 you moved out again, due to ongoing conflict with your stepfather. 

22You have a younger brother who lives in Sydney and works as a disability care worker.  Although you had a good relationship, it has become increasingly distant.

23You completed Year 12 at De La Salle Catholic School in Ashfield.  You then pursued a Bachelor of Science Degree, majoring in physics, but completed only two years of that course due to a lack of money.  You then obtained and completed a chef's apprenticeship in France. Upon your returning to Australia, you have worked as a chef.  Your last job was in airline catering.  You stopped working approximately one month before your arrest on these matters because of chronic pain and mental illness. 

24You have had three significant relationships since the age of 17.  You have three children to your second partner, who are now aged 22, 18 and 16.  You have a good relationship with each of them.  You also have a fourth child born in 2009.  He lives in Adelaide with his mother.  You have not had any contact with him since his birth, although you pay child support for him. 

25You have been in a relationship with your current partner since you were aged 34.  You describe that relationship in very positive terms and were living together up until the date of your arrest in 2023. She continues to support you and, I was told, you are in regular contact with her. I should note that she has attended court and is here today to support you.

26A report from Gina Cidoni, consultant psychologist, dated 27 October 2024, sets out in detail your personal history, mental health issues and history of substance abuse.

27You have a significant history of physical and mental health issues.

28Ms Cidoni had access to your Justice Health records, which confirm various diagnoses, including schizophrenia, delusional disorder, attention deficit hyperactivity disorder, anxiety, depression, Post Traumatic Stress Disorder and chronic pain.

29You have also been involved in multiple prison incidents in which you have been set upon and assaulted.  Most recently, St Vincent's Emergency Department records dated 23 May 2024, detail a severe assault upon you where you sustained multiple kicks and punches leading to injuries across your head, face, chest and abdomen, with a reported loss of consciousness from strangulation.  CT images indicated bilateral orbital fractures with extensive haematoma and mild bleeding.

30You have had three psychiatric admissions.  The first was at The Alfred hospital in 2017, where you were an inpatient for one month.  The second was at Tamworth Hospital in 2018, where you were hospitalised for one week.  The third was at The Alfred hospital in 2019, when you were admitted for approximately two weeks.

31You have a history of illicit substance abuse.  You commenced drinking alcohol at the age of 13 and in 2009 and 2010 you were consuming alcohol every day. You stopped drinking alcohol after discovering a liver laceration. 

32You commenced using heroin at the age of 17.  You stopped after two years, but you relapsed in November 2023.  You state that was the last time you used heroin.

33You started using cocaine in 2023 and last used shortly before your arrest.  You commenced to use methylamphetamine in 2019. You used that drug intermittently and report last having used it in 2021.

34In November 2023, during a suicidal period, you injected a combination of ketamine, heroin, methylamphetamine and cocaine.

35You attributed your introduction to substance use to poor social peer influences.  You attended Alcoholic Anonymous meetings on three occasions only, and have also participated in drug-treatment programs in New South Wales as part of Court orders.  Additionally, you underwent detoxification at The Alfred hospital in 2017, while you were in the psychiatric ward. 

36Ms Cidoni assessed you over three-and-a-half hours across two sessions in July and October 2024 at the Port Phillip Prison.  She states that you presented with mild psychomotor agitation, your thought clarity showed signs of disorganisation, and you reported persistent auditory hallucinations across both sessions.  Your mood was anxious, and you demonstrated low insight and judgment, as you minimised the role that substance use has had on your mental health, and you showed inconsistent recognition of the need for treatment.

37You underwent a number of psychological tests.  On the Millon Clinical Multiaxial Inventory-IV, results revealed several significant personality traits characterised by dramatic, emotional and erratic behaviours.  You demonstrated impulsive and emotionally driven actions, indicating difficulties with self-regulation and managing intense feelings.  There is a tendency for self-centred behaviours, seeking immediate gratification and, at times, displaying manipulative or attention-seeking actions.

38You exhibited paranoid thinking patterns, marked by an evasive mistrust of others, interpreting benign actions as threatening or malicious.  You are overly guarded, quick to perceive slights and reluctant to confide in others, often expecting betrayal or harm.  You exhibited significant symptoms of anxiety, including excessive worry, persistent tension, and a tendency to become easily overwhelmed by stress.  Your history of trauma was also evident, with symptoms consistent with post-traumatic stress.  Your assessment also indicated patterns of low mood and depressive symptoms.

39Your history of substance use suggested, in Ms Cidoni's opinion, that the use may be a way of you coping with underlying emotional pain, anxiety, and other stressors.

40On the Adult ADHD Scale, results suggested significant difficulties with attention, organisation and impulse control which align with common ADHD traits.

41

On the Positive and Negative Syndrome Scale, you scored on the

moderate-severe range, indicating the presence of notable positive symptoms associated with schizophrenia.  Your score of 81 on the General Psychopathology Scale indicated several overall psychopathological symptoms, including anxiety, depression, cognitive impairments and other mood disturbances.

42On the Violence Risk Appraisal Guide and on the Historical Clinical Risk Management-2 Tool, Ms Cidoni considered you represent a moderate risk that warrants continued supervision and intervention. 

43Ms Cidoni was of the opinion that your cognitive abilities, which show challenges in verbal comprehension and working memory, impact your daily functioning.  They can lead to disorganised thoughts and impulsive actions, complicating your interactions and overall functioning. 

44Regarding your past mental health diagnoses and her review of the Justice Health records, Ms Cidoni stated your mental health history has been marked by persistent struggles, including auditory hallucinations, paranoia, mood swings and impulse-control issues.  They are compounded by chronic pain, which you have been continuously treating.  Records, starting in 2015, show diagnoses of mental and behavioural disorder related to sedative and opioid use.

45While you exhibit Cluster B personality traits, including impulsivity, emotional instability and self-regulation difficulties, you do not meet the full criteria for a personality disorder.

46Ms Cidoni considers that your past traumatic experiences, giving rise to a PTSD, have had a long-term impact on your mental health, affecting your behaviour and emotional state.  Your mental health is further complicated by ADHD, the symptoms of which have persisted since your adolescence. 

47Ms Cidoni is of the opinion that your offending behaviour is linked to your untreated mental health issues, substance abuse and past trauma, creating vulnerabilities that drive maladaptive behaviours.  When unmanaged, your mental health issues impair your judgment and increase impulsivity and heightened paranoia, leading to reactive and confrontational behaviour.  Substance abuse further impairs your ability to think clearly and manage stress and control impulses, resulting in erratic and sometimes aggressive responses, especially in high-stress situations.  Your drug use clearly compounds your mental health disorders.  It also interferes with the effectiveness of your prescribed medication. 

48Ms Cidoni states that at the time of the offences, you were under the influence of cocaine, which likely exacerbated symptoms of your Schizophrenia Spectrum Disorder, PTSD and ADHD. She stated that cocaine use can intensify paranoia, agitation and impulsivity, making it harder for you to manage your delusions and anxiety, leading to more reactive behaviour.

49Ms Cidoni stated that schizophrenia and PTSD, when not well managed, impair judgment, increase impulsivity and distort reality. 

50You are clearly in need of significant treatment to manage your health issues.

Prior convictions

51I have been provided with your criminal history record, which you admit.  That record shows that between 16 May 1997 and 24 February 1999 you appeared in court in New South Wales on 14 occasions.  You have been sentenced for a number of different offences, including drug-related offences, weapons offences, robbery and robbery while armed with a dangerous weapon.  Your last conviction was recorded on 24 February 1999 for entering enclosed land without lawful excuse.  While there are some relevant previous convictions, I have regard to the fact they occurred more than 24 years ago.

52You are also in custody in relation to a subsequent matter that is before another judge of this court awaiting a case assessment hearing. I was told that that is for the offence of aggravated burglary, which you dispute.

Submissions

53Your counsel, Ms Bolton, filed written submissions dated 11 October 2024.  They were supplemented with oral submissions made on the same date. Further submissions dated 11 December 2024, were filed following Ms Cidoni's report dated 27 October.

54Ms Bolton stated that your offending is objectively very serious.  However, she pointed to the fact that it occurred over a relatively short period of time, estimated to be 20 minutes, and was unsophisticated in nature.

55Ms Bolton submitted that although you may have been substance affected at the time of your offending, I should nevertheless accept that you were suffering from impaired mental functioning, mainly schizophrenia, regardless of that substance misuse.

56She submitted, given your mental health issues over a long period of time, that Verdins’[1] Principles 1 to 6 apply. 

[1]R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269

57In relation to Verdins’ principle 1, Ms Bolton submitted your moral culpability for your offending is reduced by reason of your mental health issues and this should operate to moderate sentencing principles of just punishment and denunciation. 

58Regarding Verdins’ principle 2, Ms Bolton argued that your mental health issues should significantly moderate any non-parole period imposed or lead to the imposition of a combination sentence of imprisonment and community correction order.

59Regarding Verdins’ principles 3 and 4, Ms Bolton submitted that given your mental health issues, you are not a good vehicle for general deterrence and specific deterrence need not play a significant role in the sentence to be imposed. 

60Regarding Verdins’ principle 5, Ms Bolton relied on the report of Ms Cidoni, which outlines the difficulties you have experienced adjusting to the custodial environment.  I was informed you are currently detained in isolation at the Metropolitan Remand Centre.

61Regarding Verdins’ principle 6, Ms Bolton submitted that Ms Cidoni reported that while in custody, certain symptoms associated with your schizophrenia and PTSD have worsened, and that the stressful prison conditions, coupled with the assaults you have experienced, have intensified your symptoms, particularly those related to your PTSD.

62Ms Bolton submitted your youth was marked by family violence, constant displacement, instability and significant trauma and violence and that you should receive a 'Bugmy[2] style discount' in sentence. 

[2]Bugmy v R (2013) 249 CLR 571

63Reliance was also based on the decision of Court of Appeal of Marrah v R.[3]  At paragraph 16, the Court stated:

'… The common experience of the law is that very frequently such disadvantage precedes the commission of crime, and often explains and contributes to an offender’s criminal behaviour. The frequency with which criminal conduct can be explained by such disadvantage does not relieve each sentencing judge of the obligation to take such matters into account. Though they do not provide an excuse for offending behaviour, they must be given due weight in the sentencing calculus. … .'

[3][2014] VSCA 119

64Ms Bolton relied upon your pleas of guilty as indicative of your acceptance of responsibility.  Although they were entered on the day the trial was due to commence, I do note you were then facing more serious charges of aggravated burglary (with an offensive weapon) and intentionally causing injury.

65I should note that you dispute entering the victim's premises armed with the machete.  Mr Nibbs, who appeared on behalf of the Director of Public Prosecutions, accepted that the prosecution could not establish beyond reasonable doubt that you went to Mr Huang's apartment armed with the machete.  Mr Huang, himself, could not state that when you first entered his apartment you were armed with a machete. The prosecution has not sought to prove this.

66It was accepted by your counsel that while it cannot be established you were armed with a weapon at the time of entry, you were armed with it at the time you made your demand for $7,000. I will sentence on that basis.

67Mr Nibbs submitted that your offending was serious. However, in light of the material and submissions made on your behalf, particularly that relating to your mental health issues, as borne out by the medical records, Mr Nibbs quite fairly submitted that a combination sentence was open.

Sentencing considerations

68I agree with both counsel that your offending conduct was serious.

69The maximum penalties that may be imposed for the offence of attempted armed robbery and recklessly causing injury are 20 years’ and five years' imprisonment respectively.

70Although there has not been a victim impact statement filed in this matter, I have little doubt that Mr Huang, to be woken in the manner he was, in his own home, and then be subjected to the aggressive irrational allegations and demands you made, at some point whilst armed with a machete, must have been extremely frightened. This is also evidenced in Mr Huang attempting to escape from his own apartment.

71I also have regard to the fact that your offending involved the violation of his own private home, a place in which Mr Huang should have been entitled to feel safe and secure.

72In determining the objective gravity of your offending, I have also had regard to the injuries suffered by Mr Huang.  They include blunt-force trauma to the face and legs and possibly both hands.  There also appears to be sharp trauma to the hands, and scratches to his face and legs. 

73I do not accept that your offending occurred over a relatively-short period, as was submitted by your counsel.  As Ms Bolton stated, the incident occurred over a period of some 20 minutes.  This is, in my opinion, a significant period of time.  I do accept, however, that your offending was, in all the circumstances, unsophisticated. You made no attempt to conceal your identity. Your behaviour was erratic, irrational and had the markings of impulsivity.

74I am prepared to accept, as bearing on the level of your moral culpability, that your drug use was a means of coping with distress, and that your offending is linked to your untreated mental health issues, substance use and past trauma.[4]

[4] See R v Lacy (2007) 176 A Crim R 331; R v McKee; R v Brookes (2003) 138 A Crim R 88

75I accept the submission of your counsel that it is likely you were suffering from mental illness as well as the effects of illicit drugs.  As was stated by Ms Cidoni, the offending reflects your struggles with impulsive responses to stressors, shaped by your complex mental health issues and personal history.

76I also accept, given the matters raised by Ms Cidoni, and your long history of mental health problems, that each of Verdins’ Principles 1 to 6 apply. Mr Nibbs did not take issue with the submissions of Ms Bolton that each of those principles operated in the circumstances.  Accordingly, your sentence will be moderated on account of each of those principles.

77I also have regard to your pleas of guilty.  While they were entered on the day your trial was due to commence, as I earlier stated, you were then facing more serious charges of aggravated burglary and intentionally causing injury.  You are thus entitled to the utilitarian benefits of your pleas of guilty.  Mr Huang and other witnesses were not required to give evidence at trial, and you have spared the Court and community the cost and time of a trial. 

78While your pleas of guilty show an acceptance of responsibility, it was not put that you are remorseful for your behaviour.  Accordingly, I do not find that your pleas of guilty are indicative of your remorse.

79Regarding your counsel's reliance upon the principles in Bugmy and Marrah, if they are at all relevant, they can only be marginally so.

80Although I accept what was put to me concerning the relationship you had with your stepfather, I also have regard to the support you received from a loving and caring mother, to the fact that you successfully completed Year 12, entered university, and later completed a chef's apprenticeship in France.  Moreover, you have had a good work history and, with the exception of the period May 1997 to February 1999, you have not been in other trouble with the law until very recently.  I do, nevertheless have regard to your background circumstances in a general sense, noting that notwithstanding those difficulties, you have managed, in many respects, to do well in your life. 

81

Regarding your prospects of rehabilitation, Ms Bolton submitted that they are not exhausted.  I agree. Ms Bolton also pointed to the support you receive from your partner, your relationship with your mother, and your work history. However, I also have regard to the risk assessment of Ms Cidoni that you represent a moderate risk of violent re-offending.  It is clear from your mental health history and

Ms Cidoni's opinion, that effective management of your schizophrenia and

Post-Traumatic Stress Disorder is 'crucial for mitigating the risk of reoffending'.  Unless you obtain the treatment you require, you are vulnerable to further drug use and further offending.  Until such time as you obtain the necessary treatment, your prospects must, in my opinion, be viewed as guarded. 

82In sentencing you, I am also required to have regard to general deterrence, specific deterrence, denunciation, just punishment and protection of the community. The considerations of general deterrence, specific deterrence and denunciation will be moderated by reason of your mental health issues. 

83I have also had regard to current sentencing practice for the offences you committed.  The offences you committed may be committed in a wide variety of circumstances, which makes it difficult to find cases that are truly comparable with yours.  However, sentences passed in other cases, while not precedents that must be followed, may play a part in informing the instinctive synthesis.

84I also have regard to the principles of totality and proportionality in arriving at what I consider to be the appropriate sentence. I take into account that the two offences to which you pleaded guilty occurred during the one incident.

85Mr Gonzales, I propose to sentence you to a combination sentence of imprisonment of eight months and an 18 month community correction order. I have received a report from a Correction's assessing officer, and while it is considered by Corrections that your risk of re-offending is high, you are nevertheless found suitable to being placed on an Order.

86The conditions I propose are as follows.  Please listen carefully to these proposed conditions.

a)The order will last for 18 months and commences upon completion of your imprisonment term. 

b)You will be required to attend at the Moorabbin Community Correctional Services office within two clear working days after the commencement of this order. 

87The mandatory terms that apply to all community correction orders 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 Regulations 2021. That means that you must not attend at the Office of Corrections, or any other place that they direct you to attend, under the influence of alcohol or drugs.

c)You must report to and receive visits from the Secretary or his or her delegate.

d)You must let a Community Corrections officer know within two clear working days of you changing your address or employment.

e)You must not leave Victoria without first getting permission to do so from the Secretary or his or her delegate.

f)You must obey all lawful instructions from and directions of the Secretary or his or her delegate.

88In addition to those mandatory conditions, I impose additional conditions:

a)You must be under the supervision of a Community Corrections officer for a period of 18 months.

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

c)You must undergo any medical assessment and treatment and that may include general or specialist medical treatment, or treatment in a hospital or residential facility as directed by the Regional Manager.

d)You must undergo any mental health assessment and treatment and that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility as directed by the Regional Manager.

e)You must participate in programs and/or courses that address factors relating to the offending as directed by the Regional Manager.

f)You must also reappear at this court for a review of your compliance with the order as directed by the court.

g)You must attend for review on 22 May 2025 at 9.30 am at this court.

89Ms Bolton, do you wish to speak to your client about those proposed conditions?

90MS BOLTON:  I might just briefly just to reinforce it.

91Remain standing please.  Mr Gonzalez, I need to warn you that if you agree to enter into the order, should you breach the order you will be brought back before me and I can resentence you on the charge of recklessly causing injury and on the charge of attempted armed robbery.  You will also be punished for breaching the order. Do you understand that warning?

92OFFENDER:  Yes, Your Honour.

93HIS HONOUR:  Now do you agree to being placed on a community correction order on the conditions that I have outlined?

94OFFENDER:  Yes, Your Honour.

95HIS HONOUR:  Do you understand those conditions?

96OFFENDER:  Yes, Your Honour.

97HIS HONOUR:  All right.

98In my opinion, it is appropriate in the circumstances of this case to impose an aggregate sentence of imprisonment given that the offences are found on the same facts occurring during a single episode.

Sentence

99Mr Gonzales, in respect of both charges, you are convicted and sentenced to a term of imprisonment of eight months, and you will be placed on a community correction order for a period of 18 months following your release, on the conditions that I have read out to you a moment ago.

100Pursuant to s 18 of the Sentencing Act1991 the period of imprisonment reckoned as already having been served under this sentence is 184 days not including today.

101Pursuant to s6AAA of the Sentencing Act1991, the sentence I would otherwise have imposed upon you, had it not been for your pleas of guilty, is a total effective sentence of two years' imprisonment with a non-parole period of 16 months.

102I will make the disposal order sought, Mr Nibbs.