Director of Public Prosecutions v Hale (a pseudonym)
[2022] VCC 1060
•4 July 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RYAN HALE (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE D SEXTON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 June 2022 | |
DATE OF SENTENCE: | 4 July 2022 | |
CASE MAY BE CITED AS: | DPP v Hale (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1060 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Obtaining financial Advantage by Deception; Attempted Armed Robbery
Legislation Cited: Sentencing Act 1991
Cases Cited:Worboyes v The Queen [2021] VSCA 169.
Sentence: Drug and Alcohol Treatment Order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Brennan | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr P. Melasecca | MKZ Criminal Law |
HIS HONOUR:
Introduction
1Ryan Hale,[1] you have pleaded guilty to one charge of obtaining financial advantage by deception; which carries a maximum penalty of 10 years’ imprisonment, and one charge of attempted armed robbery; which carries a maximum penalty of 20 years' imprisonment.
[1] A pseudonym.
2You have also pleaded guilty to two related summary offence, a charge of assault with a weapon; which carries a maximum penalty of two years' imprisonment.
3You have also admitted your criminal record.
Circumstances of the Offending
4The circumstances of your offending were set out in the summary of prosecution opening dated 19 April 2022, Exhibit 1 at your plea hearing. That document sets out the agreed factual basis of the offending for which you will be sentenced.
5Your offending can now be briefly summarised.
6At the time of your offending, you were 24 years of age and living with your grandparents at Moffat Street in Brighton. On Sunday, 24 October 2021, at about 7.30 am, your first victim, Mr Moffatt,[2] was driving his taxi in the Melbourne CBD. You hailed Mr Moffatt as he drove along Flinders Street, and at 7.34 am you entered the taxi and sat in the back seat, telling Mr Moffatt that you needed to go to Brighton, stating, “I will direct you.” Mr Moffatt drove towards the Brighton area. At about 7.57 am Mr Moffatt stopped in Martin Street, Brighton, and you said, “Wait here for a moment, I'm waiting for someone.” You then said, “This will do, I got no cash.” At this stage the meter showed the taxi fare to be $33.06. You then pulled up your sleeve revealing a knife which was lying against your forearm with the blade pointed towards your hand. Feeling panicked, Mr Moffatt tried to joke with you, saying, “You got a knife.” As Mr Moffatt tried to undo his seatbelt, tried to press the taxi's emergency button located on the despatch screen, and tried to get out of the taxi, you exited the taxi and ran away without paying the fare. Your conduct in doing so forms the basis of Charge 1 on the indictment, obtain financial advantage by deception. Your conduct with regards to pulling up your sleeve revealing the knife forms the basis of the related summary offence, assault with a weapon.
[2] A pseudonym.
7Just under an hour later at approximately 8:50 am on the same date, your second victim, Mr Duncan,[3] was driving his silver Mazda towards Kamesburgh Gardens in Brighton. Mr Duncan parked his vehicle opposite a retirement village in
Downes Avenue as he was going for a walk in the nearby garden area. He was sitting in his car preparing to go for a walk when you approached his vehicle and slapped the driver's window three times. Hearing the slaps, Mr Duncan turned and looked out the window. You then started yelling at Mr Duncan saying, “Give me your cash, give me your wallet.” You opened Mr Duncan’s driver's door, and Mr Duncan observed you to be holding a knife at waist level pointing at his chest. At this point you were about half a metre away from Mr Duncan. He described the knife as being a kitchen knife approximately 10 centimetres in length. You continued to make demands for money from Mr Duncan, who held up his hand with his palms facing towards you. Mr Duncan attempted to comply with your demands and turned to the passenger seat to get his wallet, before realising that he did not have it with him. He turned back to you and told you that he did not have his wallet but he did have his phone. You then looked around the car and started to become less aggressive. You then closed the car door and walked to the front of Mr Duncan vehicle and onto the footpath of Downes Avenue and headed west, without obtaining any items from Mr Duncan. Your conduct in this regard forms the basis of Charge 2 on the indictment, attempted armed robbery.[3] A pseudonym.
8Mr Duncan remained in his vehicle and called Triple 0, as he was scared that you might return. CCTV footage from the vicinity captured you walking on the south side of the footpath holding what appears to be a knife in your right hand with the blade facing down, and you appearing to slide the knife into your pants.
9At about 9:00am police were performing patrol duties in the area and were provided with a description and location of you. You were subsequently spotted by police at a bus stop, approximately 450 metres from the incident involving
Mr Duncan. You initially ran away from police, who gave chase and ultimately caught up with you and arrested you, after you had initially become aggressive requiring the deployment of capsicum spray. A knife was not located on you. You were conveyed to Moorabbin police station for interview. Prior to that interview, you informed police that you had thrown the knife used in the attempted armed robbery offending over the fence of an address in New Street, Brighton. The knife was subsequently located at this address by police and your grandmother subsequently confirmed that the knife belonged to her and that she had noticed the knife missing from her knife block set, at the address where you had been residing with your grandparents at the time.10In your interview you made admissions to the conduct to which you have now pleaded guilty.
11You were remanded in custody from the date of your offending, 24 August 2021, and you have remained in custody since this date, a period of 253 days.
Victim Impact
12Whilst no victim impact statements were provided in this matter, it can be assumed that your conduct has caused fears and anxieties at the very least to your two victims. Both victims were simply going about their days, in their motor vehicles, and were entitled to feel safe in doing so. Your first victim, Mr Moffatt, was working as a taxi driver at the time of your offending, and was entitled to feel safe whilst at work. It is of course well known that taxi drivers sometimes endure all manner of human behaviour in the course of their employment, and sadly are sometimes the victims of attempts to steal their hard-earned takings. In that regard they can been seen as soft targets.
Nature and Seriousness of the Offending
13Turning to the nature and seriousness of your offending, I have already referred to the nature of your offending with regards to your victims. These matters accentuate the seriousness of your conduct and the need for any penalty to reflect the sentencing purpose of general deterrence.
14The seriousness of your offending, particularly with regards to Charges 1 and 2 on the indictment, is reflected in the relevant statutory maximum penalties, 10 years' imprisonment and 20 years' imprisonment respectively. As indicated by the Prosecution, the most serious of the offences is the attempted armed robbery, which carries a maximum penalty of 20 years' imprisonment. I accept in relation to this offence that there was little in the way of planning and it can be considered as opportunistic offending. While there was no physical contact with your victim, Mr Duncan, you banged on the door and opened the door before holding the knife at waist level in close proximity to Mr Duncan’s chest. This conduct on your part occurred in broad daylight in a public space, and your brandishing of a bladed weapon in these circumstances, where members of the public are entitled to feel safe, accentuates the seriousness of this particular offence.
15Likewise, in my view the offence of attempting to obtain financial advantage by deception was fairly rudimentary and unsophisticated in its execution. As I have stated, however, as your victim was simply engaging in his course of employment, he was vulnerable and is clearly entitled to the full protection of the law. General deterrence assumes considerable significance accordingly.
Personal Circumstances
16Turning now to your personal circumstances. You are currently 24 years of age, being born in September 1997.
17A detailed personal history was set out in a document attached to the defence outline of submissions on plea in mitigation dated 6 June 2022, Exhibit A at your plea hearing.
18You are the youngest of three boys to your parents. Your father is a dentist and your mother now works in administration. Your two older brothers are a lawyer and a doctor respectively.
19You appear to have been raised in a close family unit where clearly your parents placed a premium on education. You attended Scotch College from Prep right through to Year 12. However, it appears the family dynamics shifted when you were aged approximately 12, in the context of parental discord and your parents' relationship ultimately breaking down. You apparently started acting up at around this age, getting into trouble at school.
20You have reported essentially an attempt to take your life in Year 7, when you ingested three boxes of Panadol, causing you to become violently ill.
21Your parents eventually split in 2012 when you were 14 years of age, with you remaining with your mother.
22By the age of 14 you had commenced drinking alcohol and smoking marijuana. By the end of that year, you had experimented with speed and ecstasy in the context of socialising with people whom you have referred to as the wrong people from school. The following year you experimented with mushrooms, LSD, and ketamine. You apparently attempted to use ketamine intravenously but were unsuccessful. You apparently wanted to take harder drugs such as heroin, ice and cocaine but could not then acquire these substances given that you were then aged only sixteen.
23Your general outlook on life and drug use apparently escalated at around the age of 16, following the death in violent circumstances of your Godfather Mr James[4] at the hands of his partner. You have described Mr James as being the father that you always wanted, and that he was always good to you. The consequences of Mr James’s death in these circumstances seems to have hit you very hard, causing you to become angry with the world and continued down a destructive path. Your marijuana use escalated to daily use. Your use of drugs generally began snowballing.
[4] A pseudonym.
24You managed to complete Year 12 at Scotch College, and after graduating obtained employment, working full‑time as a bar tender/waiter. Unfortunately, your alcohol use began to escalate in this context to hard spirits in combination with your daily marijuana use.
25You first used heroin in January 2017, using it intravenously. For the next three months you were using heroin until your parents apparently found out about all of your drug use, and made contact with a drug and alcohol counsellor,
Ms Amanda Brown, who recommended that you enter a residential rehabilitation facility. You subsequently entered the Arrow Health drug rehabilitation facility, completing a three-month program there, before graduating in June 2017.26Unfortunately, within a few days of graduating from the program, you resumed your use of heroin. At the age of 19 you returned to Arrow Health for a second time, completing a one-month detox before being released and sadly resuming your heroin use.
27You re-entered Arrow for a third time and on your twentieth birthday in September 2017 you left the Arrow facility and travelled to the United States where, with your parents' assistance, you completed 70 days of what has been referred to as “wilderness therapy” in Oregon.
28Sadly, upon your return to Australia you resumed your drug use. Your parents again assisted with regards to your rehabilitation, and you were sent back to the United States to the Pace Rehab centre in Orange County, California where you remained in a rehabilitation centre and then a transition house for some seven months. Your progress there was apparently not linear, with subsequent heroin use and overdose leading to an admission to a psychiatric ward, followed by further inpatient rehabilitation, until your return back to Australia just after your twenty-first birthday in 2018.
29Sadly, your heroin use resumed upon your return to Australia. For three months between October and December 2018 you were a resident at the
Raymond Hayder residential facility. Shortly after your move from that facility to transitional housing and then ultimately to St Kilda, you first used methylamphetamine, intravenously, and became instantly addicted. Sadly, you began prostituting yourself to acquire funds for this destructive drug. From 2018 and into 2019, there were sporadic attempts at rehabilitation, including for example approximately four weeks at the Malvern Private detox facility. There were periods when you resided with your grandparents in Brighton, and periods when you were essentially homeless, again selling yourself for drugs and money.30In late 2019 you apparently attempted again to take your own life through a hot shot of heroin, resulting in you being taken to Epworth Hospital Emergency. You subsequently spent some three weeks at St Vincent's Hospital, intubated due to kidney damage.
31This pattern of sporadic rehabilitation and improved circumstances, followed by relapse into both heroin and ice use continued into 2020. You apparently obtained employment for some seven months in 2020 at a café. Again, however, your drug use thwarted your progress.
32In 2020 at the advent of COVID-19, you returned to your grandparents' place.
33Your criminal history reveals one prior matter, where you appeared at the Melbourne Magistrates' Court on 16 June 2021, at the height of the COVID‑19 pandemic, in relation to a large number of charges including several for possession of various illicit drugs. You received a 12 month Community Correction Order with 50 hours unpaid work and various therapeutic conditions relating no doubt to your drug problem.
34Sadly, the Community Correction Order did not prevent you from reoffending in relation to the offences now before me. Your counsel indicated that all the offending before me is linked to your drug use and was committed whilst under the influence of drugs. In your interview with police on 24 October 2021, you were very frank with regards to your drug usage and its connection to your offending. Your counsel described your record of interview with police as very unusual, full of sentiments of self-loathing, and admissions to arguably other offences, which I understand the police have declined to initiate charges on.
35Psychologist, Luke Armstrong, in his report dated 21 April 2022, marked Exhibit C at your plea hearing, refers to you reporting having taken Xanax following a failed drug transaction, where in your words, “I got ripped off”.[5] With no access to drugs, you reported becoming angry, emotional and desperate, and ultimately engaged in the offending.
[5]Psychological Report by Mr Luke Armstrong dated 21 April 2022 at page 3.
36As I have said, you have remained in custody since 24 October 2021, a period of 253 days. Particularly given your limited criminal history, your relative youth, and the impacts of COVID-19 on the custodial setting, I accept that this is a significant period of time in custody. You were as I understand it initially remanded to Ravenhall Correctional Centre upon your arrest in October 2021, however, in February 2022 you were moved to the Grevillea Management Unit at Barwon Prison following an incident involving members of your unit at Ravenhall consuming alcohol and engaging in behavioural issues, resulting in disciplinary action at a Governor's hearing in February 2022 and your move to Barwon. Since being at Barwon in February this year, you have endured considerable restrictions on your liberty, only being allowed two hours per day outside of your cell. You have had no contact visits. You have only been allowed one phone call per day for a maximum of 20 minutes. You have not been able to work. You have not as I understand it engaged in meaningful programs, due to the long wait lists exacerbated no doubt by the COVID‑19 pandemic.
Applicable Sentencing Factors
37The Sentencing Act 1991 requires me to have regard to various factors, principles and purposes in formulating an appropriate sentence in your case. I have already referred to the maximum penalties, the nature and seriousness of your offending and its impact on your victims, and your previous character.
38
Turning now to your level of responsibility and culpability for your offending. Your drug use in no way excuses your serious criminal conduct, although clearly it goes some way to explain your motivation for your offending. Psychologist
Luke Armstrongdiagnosed you with an opioid use disorder, and pursuant to the well-known DSM-5 criterion, a stimulant use disorder. Whilst Mr Armstrong also referred to a borderline personality disorder, your counsel did not submit that your moral culpability for your offending was in any way reduced due to impaired mental functioning, rather the opinions expressed by Mr Armstrong were relevant with regards to treatment recommendations given your dual diagnosis. In all the circumstances I regard your moral culpability for your offending to be significant.
39Notwithstanding the serious nature of your offending and your level of responsibility for it, in my view there are certainly are a number of powerful mitigatory factors which very much impact upon the sentence to be imposed.
40Your matter resolved to a plea of guilty early in the proceedings, at the committal mention stage in March 2022. As conceded by the prosecution, yours was a plea of guilty at the earliest opportunity. Your plea of guilty therefore represents an acceptance of responsibility and a willingness to facilitate the course of justice, warranting a sentencing discount for utilitarian reasons. The utilitarian value of your plea is enhanced due to it occurring in the context of the COVID‑19 pandemic, with its unprecedented impacts upon court delays with regards to the listing of criminal trials. A significant sentencing discount is therefore warranted.[6]
[6] Worboyes v The Queen [2021] VSCA 169.
41
I am satisfied that a further sentencing discount is warranted due to your remorse. You were certainly forthcoming in your police interview with regards to your responsibility for your offending. Notwithstanding your complex psychological makeup, psychologist, Luke Armstrong refers to your genuine remorse for your offending.[7] Furthermore, your remorse is evident in your letter to the court dated 13 April 2022, Exhibit D, your subsequent letter to the court dated 20 May 2022, Exhibit E, and your letters to your victims both dated 13 April 2022, Exhibits F
and G respectively.
[7]Psychological Report by Mr Luke Armstrong dated 21 April 2022 at page 3.
42I am satisfied that your significant period in custody on remand, served in the context of the COVID‑19 pandemic, has been quite onerous for you for the reasons I have outlined, warranting a further sentencing discount. In my view, given your limited criminal history, plea of guilty and remorse, and your onerous conditions in custody, the need for any penalty to reflect the sentencing purpose of specific deterrence is significantly reduced.
43In formulating an appropriate sentence in your case, I have had regard to current sentencing practices, noting that this factor is just one of the many factors to be taken into consideration. Clearly previous sentences for the offences before me have resulted in significant sentences of imprisonment.
44At the age of 24, you remain a relatively young offender, and in formulating an appropriate sentence in your case, I have remained cognisant of the well-established sentencing principles with regard to young and youthful offenders, and the need for rehabilitation both for your own purposes, and to further the important sentencing purpose of community protection. In assessing your prospects of rehabilitation, I have had regard to your relative youth, your relative lack of criminal history, your plea of guilty and remorse, the ongoing supports provided by your parents as evidenced through their detailed letters to the court, Exhibits H and I respectively, and the treatment recommendations of psychologist Luke Armstrong, given your dual diagnosis with regards to borderline personality disorder and stimulant use disorder, and in Mr Armstrong's view the need for considerable psychiatric support and supervision in the community for you. In that regard, I agree with the prosecution that your prospects of rehabilitation are reasonable due to these protective factors, but subject to your participation and adherence to treatment and rehabilitation.
45Given the serious nature of your offending, there is a need for any sentence imposed to reflect the important sentencing purposes of denunciation and general deterrence. A strong message must be sent to the community that such offending is considered to be extremely serious by the courts. Given the nature of your offending, community protection must also feature in any sentence to be imposed. However, when considering to impose a Drug and Alcohol Treatment Order, pursuant to s18X(2) of the Sentencing Act 1991, I must regard your rehabilitation and the protection of the community from you, achieved through your rehabilitation, as having greater importance than the other purposes set out in s5(1) of that Act. Accordingly, I must give priority to your rehabilitation, when determining whether or not to impose a Drug and Alcohol Treatment Order in your case.
Drug and Alcohol Treatment Order Matters
46
Upon this matter being adjourned into the Drug and Alcohol Treatment Court, assessment reports were completed by clinical advisor Adrian Papworth on
19 May 2022, Exhibit 4 at your plea hearing, and case manager
Santi Griffin-Achmaddated 19 May 2022, Exhibit 3 at your plea hearing.
47
According to Ms Griffin‑Achmad you engaged well throughout the assessment. You indicated that since being transferred to Barwon Prison, you have had time to reflect on the experience of your victims. You describe ongoing supportive relationships with your parents and paternal grandparents with whom you were living prior to being remanded. Ms Griffin-Achmad has had contact with both your paternal grandmother and your mother, both of whom have indicated that their properties are available to you upon your release, and according to Ms Griffin-Achmad, both of the homes in Brighton and Macleod present as prosocial and suitable for you to reside at. Whilst Ms Griffin-Achmad noted concerns with regard to pending Community Correction Order contravention proceedings and the possible impact upon any Drug and Alcohol Treatment Order, I note that these contravention proceedings were recently finalised on 30 June 2022, with the order being cancelled and no further order made. Ultimately
Ms Griffin-Achmad assessed you as being suitable for a Drug and Alcohol Treatment Order, emphasising the need for a dual diagnostic approach to recovery given your psychological makeup.
48According to clinical advisor Adrian Papworth, you would have satisfied the diagnostic criteria for a diagnosis of stimulant use disorder and opioid use disorder at the time of the offending. According to Mr Papworth the treatment and supervision component of a drug and alcohol treatment order would be an appropriate intervention to address your substance use disorders and there are no significant concerns regarding your capacity to participate in such an order. Further drug and alcohol and mental health related recommendations were made with regards to any order made by the court.
49In terms of the parties' submissions, your counsel essentially submitted that you met all of the eligibility criteria for the making of a Drug and Alcohol Treatment Order, and that in all the circumstances the making of such an order in your case would be appropriate. In prosecution submissions for the determination hearing and sentence dated 3 June 2022, Exhibit 2 at your plea hearing, the Prosecution essentially conceded that it would be open to the court to sentence you to a Drug and Alcohol Treatment Order. In particular, the Prosecution conceded that you have a drug dependency based on your self-reported use, and that this dependency contributed to the current offending. Furthermore, according to the Prosecution, it is open to the court to find that a sentence of no more than four years' imprisonment would be appropriately imposed. The Prosecution did raise some concerns regarding the suitability of a Drug and Alcohol Treatment Order given your mental health issues. In my view, whilst those concerns are appropriately raised, they do not and should not preclude you from receiving a Drug and Alcohol Treatment Order, with appropriate specialist interventions.
50The particular purposes of a Drug and Alcohol Treatment Order are set out in s18X(1) of the Sentencing Act 1991. They are:
(a) to facilitate the rehabilitation of the offender by providing a judicially supervised, therapeutically oriented, integrated drug or alcohol treatment and supervision regimes;
(b) to take account of an offender's drug or alcohol dependency;
(c) to reduce the level of criminal activity associated with drug or alcohol dependency;
(d) to reduce the offender's health risks associated with drug or alcohol dependency.
51On the material before me:
(i) I am satisfied that you are dependent on drugs or alcohol;
(ii) I am satisfied that your dependency contributed to the commission of the offending before me;
(iii) I am satisfied that otherwise it would be appropriate to impose an immediate sentence of imprisonment of no more than four years, having regard to all of the sentencing factors, purposes and principles to which I have referred;
(iv) I am satisfied of all the other eligibility criteria set out in s18Z of the Sentencing Act 1991 with regard to the making of a drug and alcohol treatment order; and
(v) in particular, I am satisfied in all the circumstances of your case that it is appropriate to make a drug and alcohol treatment order.
52I understand that you agree to the making of the order and that you agree to comply with the treatment and supervision part of it. Mr Hale could you please stand?
Sentence to be Imposed
53In relation to all charges on the indictment, and the two related summary offences, you are convicted and placed upon a Drug and Alcohol Treatment Order.
54A Drug and Alcohol Treatment Order consists of two parts: the treatment and supervision part, and the custodial part.
55The custodial part of a Drug and Alcohol Treatment Order consists of the sentence of imprisonment I must impose under s18ZD of the Sentencing Act 1991. The custodial part of this order is a term of imprisonment of 18 months. This period is not to be served unless further order.
56For the sake of clarity, the custodial part of this order is comprised as follows:
·On Charge 1 on the indictment, obtain financial advantage by deception, 4 months' imprisonment.
·On Charge 2 on the indictment, attempted armed robbery, 16 months' imprisonment.
·On the related summary offence/s, one month imprisonment.
57
Two months in relation to Charge 1 on the indictment is cumulative upon the
16 months with regards to Charge 2 on the indictment, making a total effective sentence of 18 months' imprisonment, the custodial part of this Drug and Alcohol Treatment Order.
58In relation to the custodial part of this order, I note that you have served 253 days pre-sentence detention. No declaration is made pursuant to s18(4) of the Sentencing Act 1991 at this time.
59In terms of the treatment and supervision part of the order, all core conditions pursuant to s18ZF of the Sentencing Act 1991 must be attached to it. These core conditions will remain in place for two years, or until further order. The core conditions of the order are as follows:
(i) You must not commit, whether in or outside Victoria, another offence punishable upon conviction by imprisonment during the time the order is in force;
(ii) You must attend the Drug and Alcohol Treatment Court when required by the court to do so;
(iii) You must report to the Melbourne Drug Courthouse or other specified place within 2 clear working days after the order is imposed;
(iv) You must report to and accept visits from a member of the Drug and Alcohol Treatment Court;
(v) You must undergo treatment for alcohol and drug dependency as specified in this order or by the Drug and Alcohol Treatment Court;
(vi) You must give notice of any change of address, at least 2 clear working days before the change, to a specified Drug and Alcohol Treatment Court officer;
(vii) You must not leave Victoria without the permission of the Drug and Alcohol Treatment Court; and
(viii) You must obey all lawful instructions from the Drug and Alcohol Treatment Court.
60Furthermore, in relation to the treatment and supervision part of the order, the following program conditions will operate for two years or until further order:
(i) You must submit to drug and alcohol testing as directed by the Drug and Alcohol Treatment Court team;
(ii) You must submit to detoxification or other treatments specified in this order as identified by the Drug and Alcohol Treatment Court team;
(iii) You must attend vocational, educational, employment or other programs as directed by the Drug and Alcohol Treatment Court team;
(vi) You must submit to medical, psychiatric or psychological treatment as directed by the Drug and Alcohol Treatment Court team;
(vii) You must adhere to a residential condition, to reside at [omitted] Macleod;
(viii) You must adhere to a curfew condition requiring you to remain at your residential address between the hours of 9:00 pm and 6:00 am;
(ix) You must adhere to an alcohol ban;
(x) You must do or not do anything else that the Drug and Alcohol Treatment Court considers necessary or appropriate concerning your drug or alcohol dependency or the personal factors that the Drug and Alcohol Treatment Court considers contributed to your offending behaviour;
(xi) You must waive all rights of confidentiality of communication between the Drug and Alcohol Treatment Court and all treatment providers and government agencies, authorities, and departments.
61This drug and alcohol treatment order will remain in force for 2 years; or until further order.
62This order commences today, 4 July 2022.
63I will make the forfeiture order sought by the prosecution with regards to the knife used in the offending, the making of this order not being opposed by you.
64Finally, pursuant to s6AAA of the Sentencing Act 1991, I declare that had you pleaded not guilty to these charges but been found guilty at trial, I would have imposed a total effective sentence of two years and six months' imprisonment with a non-parole period of 1 year and nine months' imprisonment.
65HIS HONOUR: Yes. All right, thank you. Mr Hale, you can take a seat for a moment. Just before I organise for signing of the order, Mr Brennan any issues with regards to that order?
66MR BRENNAN: No, Your Honour.
67HIS HONOUR: Or the sentence, anything I've missed?
68MR BRENNAN: No, Your Honour.
69HIS HONOUR: Thank you. Mr Melasecca.
70MR MELASECCA: No, Your Honour.
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