Director of Public Prosecutions v Harrington
[2024] VCC 879
•7 June 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No CR-22-01345
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL HARRINGTON |
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JUDGE: | KARAPANAGIOTIDIS | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 3 June 2024 | |
DATE OF SENTENCE: | 7 June 2024 | |
CASE MAY BE CITED AS: | DPP v Harrington | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 879 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCING.
Catchwords: robbery – false imprisonment – theft – cultivation of narcotic plants – possession of drug of dependence
Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic)
Cases Cited:Postiglione v The Queen (1997) 189 CLR 295; Chong v The King [2023] VSCA 62); Boulton v The Queen [2014] VSCA 342.
Sentence: Total effective sentence of 58 days imprisonment (aggregate), convicted and ordered to serve a Community Correction Order for a period of 22 months. Ancillary orders in the terms sought, unopposed.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Wilson | Office of Public Prosecutions |
| For the Accused | Mr C. Nikakis | Haines and Polites |
HER HONOUR:
1Michael Harrington, you have pleaded guilty to one charge of robbery, one charge of false imprisonment, one charge of theft, one charge of cultivation of narcotic plants, and one charge of possession of a drug of dependence.
2The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A. This constitutes the factual basis upon which I sentence you.
Circumstances of the offending
3Charges 1-3 arise from an incident that occurred on 10 February 2022 at an apartment located at 879 in the Arrow Apartment building on Swanston Street in Carlton, which contains short-term rental apartments (the Carlton apartment).
4Charges 4-5 arise from a police search of your house at Point Cook on 4 March 2022, where cannabis plants, in addition to loose cannabis, were discovered.
5The victim of the offending in charges 1-3 was 25-year-old Saffire Bondeson. The Prosecution allege that you, (in the company of three co-offenders, Mr Aytac Gurbuz, also known as ‘Phoenix’; Ms Kelly Flanagan; and Mr Scott Evans) falsely imprisoned Ms Bondeson, by confining her in a room in the Carlton apartment (Charge 2 – false imprisonment). The prosecution alleges that you were involved in the offending, in that you intentionally assisted the other offenders, particularly Mr Gurbuz.
6You, along with your co-accused, also committed a robbery against Ms Bondeson (Charge 1 – robbery), in which you forcibly took belongings from her, including her handbag, jewellery, bank cards, car keys, and she was also forced to transfer a total of $3,000 to your bank account. The Prosecution alleges that you were involved in the offending, in that you intentionally assisted the other offenders, particularly Mr Gurbuz.
7A short time later, you used Ms Bondeson’s ANZ bank card (which you had taken during the robbery) at an ATM to withdraw $1,000 cash from her bank account (Charge 3 - theft).
8Mr Gurbuz and Ms Flanagan each pleaded guilty to committing an armed robbery against Bondeson, on the basis that Mr Gurbuz was armed with a machete during the robbery, and Ms Flanagan was complicit in Mr Gurbuz’s use of that weapon.
9The Crown has accepted pleas by your co-accused, Mr Evans and yourself to robbery simpliciter, on the basis that the Crown could not prove to the criminal standard that either of you were complicit in Mr Gurbuz’s use of a weapon.
10By way of background, Mr Gurbuz and Ms Flanagan also committed an earlier armed robbery against a different victim at an apartment in the CBD a few hours before the incident at Carlton. It is not alleged that you were involved in this earlier offending. However, you attended the apartment and it provides some context to this offending.
11On the evening of Tuesday 8 February 2022 Ms Flanagan and Mr Evans checked into the Carlton apartment. The apartment has two levels. There is one bedroom downstairs, and a spiral staircase leading to a second level, which contains a bathroom and two bedrooms.
12Between the early hours of 2:00-3:00AM on Wednesday 9 February 2022, Kenny Gregory went to the Carlton apartment and spent some time there with Ms Flanagan.
13On Thursday 10 February 2022, Ms Flanagan phoned Mr Gregory and told him that she believed he had taken a phone that did not belong to him. She demanded that he attend her address, apartment 1012/33 Rose Lane Melbourne (the Rose Lane apartment) to “sort this out”. Mr Gurbuz and Ms Flanagan later met Mr Gregory at the apartment. Mr Gurbuz was armed with a machete. Mr Gurbuz and Ms Flanagan demanded a phone from Mr Gregory, threatened him with the machete, took some of his belongings, prevented him from leaving the apartment and assaulted him through the course of the day.
14At 4:49PM, you and Mr Evans arrived at the Rose Lane apartment building. In this apartment, Mr Gurbuz further assaulted Mr Gregory and when Mr Gregory went to the bathroom to clean up his face from the assault, he heard Mr Gurbuz say to you and Mr Evans “we’ve got to get ready to go to this room, because they are nearly there”. Mr Gregory had earlier heard Ms Flanagan talking about a room in Carlton.
15At 6:27PM, you, Mr Gurbuz, Mr Evans and Mr Gregory left the Rose Lane apartments and drove to the Carlton apartment.
16At about 6:50PM, Ms Flanagan’s daughter (Mystique Flanagan) met you all in the foyer area, and took you by lift to level 8, where you entered apartment 879. You and Mr Evans took Mr Gregory into a bedroom on the lower level, where he remained, whilst Mr Gurbuz went into one of the upstairs bedrooms.
17Meanwhile, Ms Flanagan had spoken to Ms Bondeson and asked Ms Bondeson to drive her to the Carlton apartments so that she could collect her keys. Ms Bondeson drove Ms Flanagan to the Carlton apartment building and parked her vehicle in the secure parking area inside the Carlton apartment building.
18Ms Bondeson and Ms Flanagan were met by Mystique and her boyfriend. The four of them took the lift to level 8 and entered apartment 879. Mystique and her boyfriend left shortly afterwards and at this point, Ms Bondeson thought that it was only her and Ms Flanagan in the Carlton apartment.
19Ms Bondeson and Ms Flanagan were in the lower level of the apartment for approximately three minutes before Ms Flanagan said she needed to go to the toilet and went upstairs to the upper level. Ms Bondeson followed her. Ms Flanagan walked into a bedroom, and then shouted the name “Phoenix”. Ms Bondeson heard a cupboard opening, and Mr Gurbuz then came out of the bedroom that Ms Flanagan had gone into. Mr Gurbuz came straight towards Ms Bondeson, who was standing outside the upstairs bedrooms.
20Mr Gurbuz pushed Ms Bondeson backwards and onto a bed in one of the bedrooms, punching her in the face as he did so. As Ms Bondeson got to her feet and attempted to leave the room, you and Mr Evans came up the stairs from the lower level, and both remained near the top of the stairs(Charge 2 – false imprisonment commences).
21Meanwhile, Mr Gurbuz pushed Ms Bondeson back into one of the bedrooms, tied her hands with two electrical cords and showed her a machete concealed in his pants. He said, “you’re lucky this is all I’m fucking doing to you.” After about fiveto 10 minutes of Mr Gurbuz being alone in the room with Ms Bondeson, he said he was going to take her bags. At that point, you came into the room and took Ms Bondeson’s bags, and physically removed a watch and earrings from her body. You also demanded her necklace, but ultimately agreed to let her keep the necklace after she said it had sentimental value. You then removed other items of her property including a MacBook Pro, an iPhone, bank cards, and car keys. (Charge 1 – robbery commences).
22At some stage, you and Mr Gurbuz exited the room for a few minutes, but you each held the door closed at various times, so Ms Bondeson was unable to open it from the inside.
23Ms Bondeson was held against her will for some time, during which Mr Gurbuz re-entered the room where he made various threats whilst holding his machete. At one point Mr Gurbuz moved Ms Bondeson to the other bedroom, demanded $20,000 from her, and told her to “log into your banking now and transfer me money before I slice you from ear to ear”. Shortly after this, Mr Gurbuz asked you to help him receive a money transfer from Ms Bondeson. You then came into the room and took Ms Bondeson’s phone from her (a different phone from the iPhone you had originally taken). You entered the PayID details relating to your bank account, and then checked on you own phone that the payment had gone through. There were two bank transfers ($2,000 at 8:37PM, and a further $1,000 a short time later) to a Westpac bank account in your name(End of charge 1 – robbery).
24After making further demands for money, Mr Gurbuz then asked Ms Bondeson how much her car was worth. Mr Gurbuz then said words to the effect of “Alright, we’re taking the car.” At approximately 9:05 PM, you, Mr Gurbuz, Mr Evans and Ms Flanagan left the apartment with Ms Bondeson’s possessions. When Ms Bondeson tried to leave the apartment, Mr Gurbuz told her to get back in the bedroom, which she did.
25Mr Gurbuz and Ms Flanagan exited through the underground carpark, and used Ms Bondeson’s car keys to access her vehicle that was located in the underground carpark and drove the vehicle from the building.
26It is not known how you and Mr Evans left the building.
27Mr Gregory left the apartment alone, shortly after the others had left.
28Shortly after that, Ms Bondeson went downstairs into the main foyer area of the building. Two bystanders saw her to be hunched over, crying, with a small amount of blood on her face. Ms Bondeson was taken to the front reception area and was spoken to by a staff member, who phoned police. Police attended shortly afterwards and commenced their investigations.
29At 9:50PM, you went to the ANZ branch located at 600 Bourke Street, Melbourne, and used Bondeson’s ANZ bank card to withdraw $1,000 in cash. (Charge 3 – theft).
30On 4 March 2022, police executed a search warrant at your home, where you, your partner Natasha Hay, and your children were present.
31Police located a number of items, as outlined in the prosecution opening at paragraph [37], including a canvas-style ‘grow tent containing a hydroponic set-up with a light shroud, transformers, fans and ducting, and 4 bottles of liquid fertiliser.
32The Prosecution alleges that you cultivated a total of 4 cannabis plants which weighed a total of 296.3 grams (Charge 4 – cultivate a narcotic plant).
33Loose cannabis was also found, along with cannabis in 4 separate zip lock bags which weighed a total of132.6 grams(Charge 5 – possess drug of dependence).
34You were arrested at the time of the search warrant and interviewed by police. The answers in your interview are extracted at paragraph [42].
Gravity of offending
35The charges of robbery and false imprisonment are serious, as indicated by the maximum penalties. As submitted by the Prosecution, your offending was serious. It was confrontational offending, relatively protracted, committed in company with others and although you were not the main or principal offender you still played an active role in what occurred. Of course, you are only to be sentenced for the charges on the indictment and the Prosecution accept that you were not aware and/or complicit in your co-accused's use of a weapon.
36Your Counsel submits that you became involved in this offending at the request of an acquaintance known to you as Phoenix. During your interview with the police, it is clear, and it was submitted, that you were assisting your co-accused without thinking about the potential consequences. This may be so, but of course, this does not mitigate or otherwise lower your moral culpability.
37In respect of charges 4 and 5, I accept the prosecution submission that these are low-end examples of cannabis cultivation and possession offences. They do not involve particularly large quantities of plants or drugs. Whilst a hydroponic set was involved, it was not particularly sophisticated. Given your drug use and history, your record of interview in which you state that you were growing for ‘personal smoking’ (at [669]) and had bought the grow tent off of EBAY (at [671]), along with the absence of any evidence as to trafficking and the photographs contained in the depositions, I proceed on the basis that the lower penalties apply in your case.
Victim impact
38The victim impact statement (‘VIS’) of Ms Bondeson clearly outlines the significant impact of your offending. She did not want the contents of her VIS to be read out in Court, and therefore to respect her privacy and her wishes I will not refer to it in any detail here. However, I make clear that I do take into account the pervasive impact this offending has had on many aspects of her life, her daily activities, and relationships.
Plea of guilty
39While your plea was not entered at the earliest opportunity and there was a contested committal hearing, your plea does entitle you to an important sentencing discount. Your plea of guilty represents an acceptance of responsibility and a willingness to facilitate the course of justice. I also accept that your plea should attract some additional weight in the context of the chronic backlog in the criminal justice system flowing from the pandemic, although, as submitted by the Prosecution, the weight to be given to that factor has diminished as backlogs have largely returned to pre-pandemic levels.
Personal circumstances
40Your Counsel outlined your personal circumstances.
41In brief, your parents separated when you were six years of age and you and your siblings remained in the custody of your father. Growing up you had very limited contact with your mother. I was told that your mother is struggling with her own drug addiction and is currently in custody.
42Your childhood was marked by some disruption. You attended several schools and from around the age of 13-years-old you started to get into trouble. From a young age you were more orientated towards work rather than school. You finished formal schooling in Year 8.
43As a young person, you appeared before the Childrens Court on a number of occasions when ultimately you were sentenced to three months Youth Training Centre in December 2003.
44When released, you started working as a ‘truck jockey’. You also moved away from your father’s influence to live with your mother in Mornington, whereupon she helped you obtain an apprenticeship as a roofing plumber. You completed the practical training but not the required schooling.
45Your work was interrupted by other periods of imprisonment served in 2008 and 2010. Upon release, you were able to obtain work in your chosen field and to continue with your rehabilitation. You commenced a non-profit organisation known as ‘Changing Lives One Step at a Time.’ This organisation operated on the internet and offered support to ex-prisoners when they relapsed into drug abuse. The organisation has been difficult to sustain, though based on the reference from Pamela Persoons, it appears to still be operating.
46Your own drug and alcohol abuse issues are reflected in your prior criminal history. At the age of 13 you started using alcohol and drugs; starting with cannabis and progressing to amphetamines and methamphetamines.
47As already noted, you have a relevant prior criminal history. It is somewhat dated, with the last sentence imposed in 2016 and the last prison sentence imposed in 2010. The Prosecution submit that of some relevance is that the circumstances of your 2010 offending, involving an aggravated burglary, are similar to the current offending, where you were prepared to support another person’s plan to confront somebody over a perceived grievance.
48You were released from this sentence on 12 September 2012, and you remained drug free until 2014. Unfortunately, you relapsed into drug use and the culture that it often attracts.
49Towards the end of 2018 after your younger sister had passed away, you attended the Hader Rehabilitation Clinic and remained drug free until the anniversary of her death.
50At the time of your arrest, you were in a relationship with Natasha Hay, with whom you have a seven-year-old son. You also assumed a parental role to Ms Hay’s three other teenage children. I was told that your partner was also charged with the cannabis offences in the Magistrates’ Court and was placed on an undertaking to be of good behaviour.
51When you were arrested and remanded for this matter, you took the opportunity and stopped using drugs and you remained drug free whilst in custody. I also take into account that since your release from custody you have been subject to bail conditions, including initially daily reporting, which was subsequently changed to three days per week.
52In sentencing you I take into account your personal history.It seems that you have experienced some instability over the years, along with grief, loss and some harm, as detailed in the recent MHARS report. You presented to the assessor as an ‘emotionally vulnerable man’ who had ‘self-soothed’ utilising illicit substances.
Parity principle
53As submitted by both Counsel, parity is a relevant sentencing consideration in your case. Both Counsel submit that the principle has no, or little, application in relation to the sentences of Mr Gurbuz and Ms Flanagan, as they both pleaded guilty to the more serious charge of armed robbery. The parity principle does require consideration of the sentences imposed on Mr Evans both in relation to the robbery and false imprisonment. The sentencing principle of parity is an aspect of equal justice. It requires that like should be treated alike, but that due allowance must be made for relevant differences between co-offenders. A sentencing judge must engage in a comparative analysis of the co-offender's circumstances. This includes relative culpability, roles played by each offender, personal circumstances, unique mitigating or aggravating features and other relevant matters[1] .
Postiglione v The Queen (1997) 189 CLR 295; Chong v The King [2023] VSCA 62).
54Mr Evans was sentenced on 7 September 2023, to 33 days imprisonment (being time served) in addition to a CCO of 18 months, with conditions, in respect of 3 charges, namely robbery, false imprisonment and commit an indictable offence whilst on bail. Mr Evans was sentenced on the basis that that he was acting in complicity with you and Mr Gurbuz in the robbery; that he was unaware of the machete, and that his involvement was ‘limited’ as compared with the others. His moral culpability was assessed as high, and the offending occurred while he was on bail. Mr Evans’ role during the offending was to be present and remain at the top of the stairs as an intimidating physical presence. As to other factors, Mr Evans entered a plea of guilty at a relatively early opportunity and did not cross examine the victim at a committal hearing. Between 2015 and 2020 he had accumulated 7 appearances and had been sentenced to imprisonment once where the sentence was one month, combined with a community corrections order.
55The Prosecution submit that your role was more active than Mr Evans. In the robbery you physically removed items from Ms Bondeson and facilitated money transfers. In the false imprisonment, you assisted Mr Gurbuz to keep the door closed so that Ms Bondeson could not escape. As to your personal circumstances, the Prosecution refer to you entering a later plea of guilty; cross examining Ms Bondeson at committal; having a lengthier prior criminal history than Mr Evans; and showing no remorse, to be contrasted with the assessment of Mr Evans. The Prosecution did acknowledge that Mr Evans was on bail at the time of the offending, whereas you were not. Ultimately, the Prosecution submit that your offending was ‘significantly greater than Mr Evans involvement’ and that there are material differences in both the offending and your personal circumstances, which justify a significantly higher sentence in your case. Further, it was submitted that the sentence imposed on Mr Evans was ‘exceptionally lenient’ and should not unduly confine the sentencing discretion, though it was noted that the prosecution did not appeal the sentence.
56As to Charge 2, it was submitted that the outcome in Mr Gurbuz and Ms Flanagan’s cases have some relevance in assessing the appropriate sentence. On this charge Mr Gurbuz was assessed as the ‘ringleader’ and Ms Flanagan as the ‘architect’.
57On your behalf it was submitted that your role is comparable to that of Mr Evans. As to your personal circumstances, it was submitted that you were last before the court in 2016, whereas Mr Evans history is more recent, spanning between 2015 and 2020, and he was on bail at the time of the offending and, as discussed today, it appears likely that he was on a community corrections order at the time.
58After engaging in the necessary comparative analysis, I accept that your circumstances are generally comparable to Mr Evans, though there are some differences. As for role, I accept that you were more active. I consider this justifies some differentiation between the two of you, but I do not consider it calls for significant disparity, as contended by the Prosecution. While you were more active in the robbery in that you assisted to remove items from the victim and facilitated the transfer of funds; it is not for example suggested that you were the instigator or ringleader of what took place. Nor is it suggested against you that you had knowledge, or were complicit in any way, in the use of the weapon. Both you and Mr Evans fall to be sentenced for the same substantive offences, and for each of you, acknowledging that his role was more limited, your moral culpability is high. On the day of the offending, you entered the premises with Mr Evans and it appears that you left together. As for your prior criminal history, it is more serious than Mr Evans and has attracted greater terms of imprisonment. Though I do not consider it quite ‘balances’ it out, as submitted by your Counsel, I do take into account that Mr Evans does have a relevant history, one that is more recent than yours and that he was on bail at the time of this offending. As for personal factors, there are some differences between you and Mr Evans. Additionally, his plea was entered at an earlier stage. While I take these matters into account, I don’t regard these differences as being of a magnitude to justify significant disparity between the two of you.
Prospects of rehabilitation
59In all the circumstances, I assess your prospects of rehabilitation as reasonable. Your relationship with your partner has ended though it was suggested that there are attempts at reconciliation and you are motivated to support your children. You are a roof plumber by trade. You were running your own plumbing business up until 2020. You are keen to find and start working, though this has been challenging in recent times given this outstanding court matter and the uncertainty as to your future. Apparently, you have work lined up in plumbing in Ballarat once this matter is finalised.
60While your prior criminal history is extensive, as already noted, it is now relatively dated; reflective of the recent efforts you have been making, as outlined by your Counsel. I take into account the reference from Ms Persoons who describes your work with the support group and the positive input and contributions you have made. Also, Tony and Linda Perrin provided a reference on your behalf. When you were 17 you worked as an apprentice roof plumber for them, and you have stayed in contact over the years. They offer their continued support of you and believe that you are now ready to concentrate on your rehabilitation and mental health.
Sentencing purposes
61The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. In matters such as these, that is, involving confrontation violence, general and specific deterrence, denunciation and community protection are important.
62I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991, where relevant in your case. I have also had regard to the general sentencing landscape for this offending, in particular the robbery, false imprisonment and cultivation of cannabis.
63I take into account the principles of parsimony, proportionality and totality. I also take into account the delay in the finalisation of your matter.
64The prosecution submit that the appropriate sentence on the individual charges of robbery and false imprisonment is a term of imprisonment, with a non-parole period. Your Counsel submits that a sentence, combined with the period of time you have already served, with a community corrections order is adequate. I had you assessed for a community corrections order and you were assessed as suitable.
65As the Court of Appeal stated in Boulton v The Queen, in determining whether to sentence an offender to a community corrections order, the court should first assess the objective nature and gravity of the offence and the moral culpability of the offender[2]. The court should then consider whether the crime as so assessed is so serious that nothing short of a sentence wholly comprised of an immediate term of imprisonment will suffice to satisfy the requirements of just punishment.
[2] Boulton v The Queen [2014] VSCA 342.
66Synthesising all relevant matters, and that includes the seriousness of the offending and its impact on your victim, I consider that the punitive and deterrent aspects of sentencing can adequately be reflected by the imposition of a combination sentence, that is, one comprised of the period you have served in custody, along with a lengthy community corrections order. In all the circumstances I consider this to be the just and appropriate sentence. Such an order is intrinsically punitive and, depending on its length and nature and extent of the conditions imposed, it is capable of being highly punitive.
67Given the robbery and false imprisonment arise from the same set of circumstances and are of a similar character, I propose to impose an aggregate sentence of imprisonment in relation to those matters.
Sentence
68On Charge 1 robbery and Charge 2 false imprisonment, you are sentenced to a total aggregate term of 58 days’ imprisonment with a community corrections order of 22 months (1 year and 10 months).
69On Charge 3, theft, that is part of your community corrections order, it is the one order, but there is not a term of imprisonment that is imposed in respect of it.
70On Charge 4, cultivation, with conviction, you are fined $600.
71On Charge 5, possession, with conviction, fined $150.
72The conditions of the community corrections order are as follows. There are mandatory conditions that apply to all core conditions and you will have a copy of that in a moment. I am imposing, as guided by what corrections also recommended:
Supervision
Treatment for your mental health – because there are some issues that have been identified so that will assist you; treatment for drugs and alcohol – plainly necessary; and also treatment for any programs that might assist that corrections determine.
I am ordering that you serve over that period of time270 hours of community work, but I am offsetting 100 hours against treatment. You can do that over the 22 month period, which should be ample time even if you are working.
73Pursuant to s18 of the Sentencing Act I declare you have served 58 days’ imprisonment.
74Pursuant to s6AAA I declare that had you not entered a plea of guilty, I would have sentenced you to 14 months’ imprisonment with a non-parole period of eight months imprisonment. So that is just to indicate to you that by accepting responsibility and pleading guilty, it does translate to a real discount.
75I am going to make the disposal order on the terms sought, unopposed.
76All right. Thank you. Just while the order is being printed, I will take the opportunity to go through core conditions with you, which will be plain on the order. Mr Nikakis will attend in a moment and show it to you, but just to use the time I am going to outline what they are now.
77Mr Harrington, if you could stand again for me please.
78Every community corrections order has the following:
(i) You cannot commit an offence during its operational period, which is 22 months, that is punishable by imprisonment. If you do commit an offence punishable by imprisonment within that time - and it starts today - then you will be and can be returned to the court. I will deal with you for a breach and it is open to resentence you on these matters. You can breach the order either by not complying with it, or committing an offence within its operational period.
(ii) You must comply with any obligation or requirement of Corrections in respect of this order.
(iii) You must report to and receive visits from Corrections during the period of the order.
(iv) You must report to them within two clear working days and that is nominated as the Werribee Correctional Services.
(v) You must notify Corrections of any change of address or employment within two clear working days after the change.
(vi) You must not leave Victoria except with their permission.
(vii) You must comply with any direction of Corrections that is necessary to ensure that you comply with the order.
79HER HONOUR: You have to go in there within two days, whether you do it today or Monday.
80Do you understand? They attach to all community correction orders, along with the additional conditions I have imposed.
81OFFENDER: Yeah.
82HER HONOUR: All right. Before you leave court, it will be emailed. Mr Harrington, you will receive a copy of this, you will take it with you.
83Counsel, thank you for your assistance.
84MR NIKAKIS: Thank you, Your Honour.
85HER HONOUR: We will adjourn the court.
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