Director of Public Prosecutions v Hazell

[2022] VCC 1510

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT LATROBE VALLEY

CRIMINAL JURISDICTION

CR 21-01676

CR 21-02056

CR 21-01673

CR 21-01112

CR 21-02055

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANTHONY HAZELL

KOBI WINKELMAN

HANNAH ZWETSLOOT

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 August 2022
CASE MAY BE CITED AS:	DPP v Hazell & Ors
MEDIUM NEUTRAL CITATION:	[2022] VCC 1510

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For Accused Hazell	Mr V. Vuu	Stary Norton Halphen
For Accused Winkelman	Mr W. Blake	McFarlane Criminal Lawyers
For Accused Zwetsloot	Mr J. Livy	Tyler Tipping & Woods

HIS HONOUR: 

1Kobi Winkelman, you have pleaded guilty to one charge of armed robbery, one charge of theft, one charge of aggravated recklessly exposing an emergency worker and one charge of dangerous driving whilst pursued by police.  Those crimes carry maximum penalties of 25 years, 10 years, 10 years, and three years respectively.

2You also pleaded guilty to three other summary matters and, because of the nature of the sentence I will be imposing on the indictment, on each of those summary matters you will simply be convicted and discharged.

3Because of the nature of the offending, I will, for you, disqualify from holding a licence for an aggregate period of 24 months.  That covers them all.  That covers the other charge as well.

4You are now 23 years of age.  You were 21 at the time of the offending.  You have pleaded guilty to a settled indictment, and you must get the benefit of that.  Insofar as remorse is concerned, as with each of you, it will be somewhat speculative, but I will give each of you the benefit of the doubt in relation to it.  I will go through your priors, probably, in a moment.  But you have very serious priors, including priors of firearms.  You have been incarcerated on a number of occasions and it seems to me that you are on the way to being a long-term prisoner if you do not get your act together.

5The prior convictions, basically for possessing prohibited firearms, are a real concern indeed, and in the Arunta calls after you were arrested for this, you said to some person that you were a shooter not a fighter.  That is of real concern to me.  In any event, I will return to those matters in a moment.

6Anthony Hazell, you have pleaded guilty to one charge of armed robbery, one charge of theft and one charge of trafficking in a drug of dependence.  Those crimes carry maximum penalties of 25 years, 10 years, and 15 years respectively.  You pleaded guilty to a settled indictment, and you get the benefit of that.  And you also, of course, will be given the benefit of the doubt insofar as remorse is concerned.

7Each of you, and I will say this now, obviously get the benefit of Worboyes v The Queen [2021] and the other decisions in facilitating the course of justice at this particular time and I do not need to go through the principles involved there.  There must be a discount which is recognisable in the sentence that is imposed.  The utilitarian benefit in a plea such as this is of real significance.

8You also pleaded guilty to two uplifted summary matters and again as with Mr Winkelman, on your summary matters I will simply convict and discharge.

9You have prior convictions but not to the same level as Mr Winkelman.  But they are of concern.

10Hannah Maree Zwetsloot, you have pleaded guilty to one charge of armed robbery, one charge of theft of a motor vehicle and one charge of possession of a drug of dependence and you also pleaded guilty to two uplifted summary matters.  Those crimes carry maximum penalties of 25 years, 10 years, and 5 years respectively.  But what I am going to do is insofar as two charges of possessing a drug – Charge 4, I will convict and discharge.  Charge 3, I will sentence to seven days concurrent.  The other uplifted matters will be convict and discharge.  

11You are now 28 years of age.  You have been at large now for some period of time.  You also get the benefit of the plea of guilty as I have already indicated.  And you also have prior convictions but again, not to anywhere near the degree of Mr Winkelman.

12I take into account with each of you the time custody has been spent during the period of COVID and the future time in custody will be also spent to an unascertainable degree, pursuant to COVID.  There has been a delay in the matter being brought on which is commonplace now but still must play some part in the sentencing process.

13The circumstances surrounding the offending, different for each of you, which is somewhat of a problem as indicated to counsel, but in simple terms:  When, you, Anthony Hazell, were 23 at the time; Kobi Winkelman, you were 21 and Hannah Zwetsloot, you were 26, you were living with Mr Hazell as I understand it and all of you lived around the Morwell area.

14On Thursday 22 October 2020, one of you at least, contacted a Daniel Hayle.  It was requested that he come over to Ms Zwetsloot's address and give a lift to people to Traralgon.  He agreed and drove his red coloured car to Savige Street.  He had purchased the Commodore approximately two weeks earlier from a man called Quinn.  He pulled into the driveway at approximately 10.15 pm.  He notified you, Zwetsloot, by Facebook for his arrival – or at least to your Facebook page and waited for you in his car.

15Mr Hazell, Mr Winkelman, you both exited the Savige Street address by the side gate and approached him sitting in his vehicle.  You, Mr Hazell, had a large stainless steel kitchen knife and you, Mr Winkelman, held what appeared to be a black pistol in your right hand.

16You, Mr Hazell, opened the front passenger door and you, Mr Winkelman, opened the driver's door.  You demanded that the car be handed over to each of you and he endeavoured to reverse and drive away but you, Mr Hazell, moved the transmission into park.  He got out of his vehicle and ran away down the street.  The two of you then drove off in the vehicle.  You, Ms Zwetsloot, apparently did not come outside during the course of this.  But you have pleaded guilty on the basis that you were certain something of this nature was about to occur and indeed it did.  I believe, and indicated before, I suspect that a lot of this has been because of your actions in initiating all of this but there is no proof of that and I certainly cannot sentence on that basis.

17Complaints were made by Mr Hayle, and it was pointed out to me that the property was recovered.  There had been a warrant on the car which was given back not that long afterwards and there was some exchanges between Mr Hayle and you, Ms Zwetsloot about what had happened, and I am not going to buy into the ifs and buts about all of this.  It was a fairly amateur effort but a very frightening one, I have no doubt, for Mr Hayle.  In the end it was pretty much sorted out, but the fact of the matter is it does remain a serious offence.  It did involve the use of a firearm from your point of view, Mr Winkelman, and a knife, from your point of view, Mr Hazell.  That is a very brief description, and I am not going to go into each of the differences that relate to each individual person.

18But in any event, later on in the early hours of the morning on 23 October 2020, you, Mr Winkelman and Mr Hazell stole a motor vehicle, a Volkswagen GT Golf Hatchback belonging to a Mr Paulette.  The pair of you drove off in that vehicle to an unknown location.  You and Ms Zwetsloot later got into that vehicle knowing it was stolen and are therefore guilty of theft of the vehicle yourself.  At approximately 3 o'clock in the morning, you, Mr Hazell drove the vehicle to Traralgon.  And it was then driven on other occasions, and I do not really need to go into all of that.

19In any event, at around 9 o'clock in the morning, police attended Traralgon and located the stolen Holden Commodore parked on the side nature strip.  A crime scene was set up around it and at approximately 9.50 am, you, Mr Hazell, drove the stolen Volkswagen and conducted a U‑turn right in front of marked police vehicles before driving off at an excessive speed north along Dunbar Road.  There were two people in the vehicle.

20Eventually, the Holden Commodore was towed away and ultimately, at approximately 11.35 am an unmarked police vehicle began following the Golf in Princess Drive, I think it is, and Tramway Road, Morwell.  There was a driver, a front passenger, and a rear passenger.  That was the three of you.  It began travelling at an excessive speed estimated to 150 kilometres an hour in an 80-kilometre zone in a northerly direction on Alexanders Road. 

21An unmarked police vehicle lost sight of your vehicle before again getting it within sight and proximity and endeavoured to intercept it at Hannah Street.  Emergency lights and sirens were activated but the vehicle did not stop and increased its speed.  You were driving, Mr Winkelman, and you kept driving through residential areas of Morwell at excessive speed.  Indeed, I think, in the Arunta calls you have said you were driving at a police officer doing 240 kilometres or something along those lines.

22In any event, at 11.46 am, police attempted to stop the stolen vehicle.  A police vehicle with emergency lights was flashing in Princess Drive in Morwell when you came into view of the police.  You, Mr Winkelman started to swerve between the emergency and north lane.  You swerved and broke hard causing the vehicle to skid and to avoid the deployment of the stop sticks.  At that point you were travelling at an estimated 80 kilometres an hour and Senior Constable Matthew Thomas took evasive action.  He observed three people in the vehicle as well.

23By this stage you were being tracked by the police Air Wing.  On three other occasions police tried to stop the vehicle using stop sticks and again Mr Winkelman drove erratically and dangerously endeavouring to avoid them.  On one of those occasions Detective Sergeant Jason Benbow assisted with placing stop sticks on the Boolarra-Mirboo North Road.  Your vehicle approached around a bend, the tyres were screeching, and it was swerving over the road.  The vehicle momentarily lost traction and nearly collided with Sergeant Benbow. 

24He was required to take evasive action and jumped behind a tree situated on the side of the road, narrowly avoiding being hit by the stolen car.  It came within metres of him.  As Charge 3 of aggravated recklessly exposing an emergency worker to risk and a serious risk it was, indeed, that is a charge that you face, Mr Winkelman. 

25In any event, the police successfully deployed stop sticks further down the hill on that Boolarra-Mirboo North Road and the front right wheel became deflated.  You, Mr Winkelman continued to drive while being pursued by a police vehicle with emergency lights and sirens operating.  You ignored directions to stop and indeed you increased the speed.  You were driving without a licence and that is one of the summary matters.

26During the time of that pursuit, it commenced in Hannah Street in Morwell until the vehicle was eventually stopped in Monash Way in Boolarra.  It is observed to, and you confirmed this yourself in your Arunta calls, drive at speeds up to 200 kilometres an hour, drive through several red lights, not stop at stop signs, overtake other vehicles on the wrong side of the road, turn corners and bends at speed and fail to stop for multiple police vehicle with activated lights and sirens.  That is Charge 4 of dangerous driving while pursued by police.

27In any event, this car was pulled over and the three of you got out of the car – I do not have to go through the apprehensions and the like, eventually you are all arrested and charged.  You, Mr Winkelman were the only one charged with the driving.  You all did records of interview where you have either denied involvement or attempted to put it on others.  But in any event, that is of no real significance now.  So they are the circumstances.

28For completeness, on each of the theft of a motor vehicle charge which you are all guilty of – you, Mr Hazell and you, Ms Zwetsloot, I will simply suspend your driver's licence for seven days, which covers that and that can be an aggregate in case there is any loss of licence mentioned in the summary matters.

29Then looking at matters personal to each of you, and I will make it as brief as I can.  Each of you had very helpful submissions filed by counsel.

30You, Mr Winkelman, have indicated to have a number of very concerning prior convictions.  You have been convicted at least two or three times of a prohibited person possessing a firearm.  You have been gaoled for each of those.  You have been gaoled for burglary.  Negligently dealing with the proceeds of crime.  You have been gaoled for reckless conduct endangering serious injury.  You have been gaoled for failing to stop a vehicle on police direction and you are still only 23.  It is a real concern that you do have such significant, such long priors for one so young.

31Mr Blake, on your behalf, made various submissions.  You have now spent 566 days in custody as pre-sentence detention.  The majority of that has been spent in management or isolation at Ravenhall.  I have already indicated I am aware of the COVID concerns involved in all that.

32Your background can be done in simple terms.  You have instructed Mr Blake that you are of Aboriginal descent.  I have got some doubts about that, but it does not make any real difference.  You were raised in Morwell by your mother and grandparents.  From an early age you were exposed to drug abuse and family violence in the home.  Child Protection were involved before you were 10 years old due to concerns of parental drug use and family violence.  At the age of 18 you witnessed your mother haemorrhaging from an overdose. 

33At the age of 10 you were placed in the care of your grandparents.  At 12 you moved back into your mother's care.  At 14 you were placed into foster care.  You resided mainly with one family since then and remain close to them.  Since the age of 14 you have just simply been in and out of youth detention facilities and now at old gaol.  You went to Kurnai College.  You were expelled in Year 9 and never returned to mainstream school.  I am told you completed Year 11 whilst in youth detention.  You have had the occasional job but not too many of them.

34You commenced using cannabis at 12 and it was also being used by both your mother and stepfather.  At 17 you were introduced to amphetamine which gradually increased over a period of time.  Prior to your incarceration on this occasion, you were using a significant amount of Methamphetamines on each day.  Because of the circumstances of your incarceration, I understand that you have not undertaken any treatment for substance abuse whilst in custody.

35The implications of a plea under the principles of Worboyes v The Queen as I have already indicated, I am taking into account.  I also accept your counsel's submissions that the principles involved in Bugmy v The Queen and your circumstances do have a significant part to play in the sentencing of you.  Clearly you are still a young offender and I have to take that into account.

36Your background is one of violence and substance abuse, mistreatment and homelessness.  It is a situation where, by the age of 21 you embarked upon what would appear to be a life of crime and you have now spent a significant period of time in custody.

37I read the psychological assessment of Ms Cokarillo and she goes through in some detail, matters relating to you.  She talks about your mother's heroin addiction, and she talks about the instability of your placements and the fact that your schooling and everything has just been disrupted by you being in the care of DHS and also under the auspices of the criminal justice system.  You have made a number of attempts at suicide, she says, and I accept that that is the case.  You clearly have a drinking problem, but you do not seem to be prepared, really, to acknowledge that.  You abused prescription drugs as well.

38You made some reference to the offending itself when you were talking to her which I do not think is of real significance.  And you have a severe level of anxiety.  You have a severe level of depression and you have all the endorsed symptoms required for the diagnosis of PTSD.  That PTSD symptomology, she says, is in the severe range that gives rise to the principles in Verdins, and it is just a very sad and sorry situation that you find yourself in.

39You told her that since the age of 14 you had spent, in your calculation, more than 95 per cent of your life incarcerated.  She is also concerned that you were exhibiting many signs of institutionalisation, including hypervigilance, interpersonal trust, suspicion, emotional deficits, isolation and a diminished sense of self-worth.

40Being realistic, the prospects of your rehabilitation, even for one so young, have to be regarded as somewhat bleak.  Upon your ultimate release, you are going to need serious assistance.  Whether you can rehabilitate is really going to be a matter for you and the authorities at that time.  If you can rehabilitate, hopefully the risk of you re-offending would be low.  As it stands at the moment, it would have to be high.

41Because of the driving - I make it very clear I am well aware of Bugmy and Verdins and the like, the difficulty for you is that the concept of community protection starts to play a significant role.  As you get older, if you keep offending in this way, that aspect of it will take more and more precedence over the other matters which are, in their own sense, compelling.  But there is not much I can do about that.

42I do not need to go into the other abuses that you have suffered as a child.  I think I have adequately described that and all I can really do is pass sentence on you.  Bearing in mind that whilst the armed robbery is serious, it seems to me that the driving and the avoiding police is of extreme concern.  It is the sort of conduct which ends up with dead young people, dead police officers and just simply cannot be tolerated.  However, that, as I have said already, has to be balanced against your background.

43You, Mr Hazell are a different situation.  Your prior history, whilst of relevance, is no way near as significant as Mr Winkelman's.  It is mainly for dishonesty and driving.  You are not charged with any of the driving offences here.  And I then look at matters pertinent to you.  By the time this offending has occurred – sorry, you now have a diagnosis of borderline personality disorder and post‑traumatic stress disorder.  It is put that you had a serious drug abuse disorder when you were last in the community.  And you have a three‑year‑old child who is in the care of her grandmother.

44You, I think, have a chance in all of this.  I am not going to go through the nature and gravity of the offence.  Your counsel put that you had a knife which made it less than apparently, Mr Winkelman, who had a firearm.  That you did not know that the firearm was there.  The trouble with that logic is that you obviously thought that you were the one committing the armed robbery and Mr Winkelman was just along for the ride.  Which, probably in one sense, makes it even worse.  But I will not go into those sort of pedantic arguments.  I simply say that it is a serious offence no matter how you go about it.  And no matter how it all came about, I have already indicated I have got some concerns about that.

45You were on CISP bail at the time it was happening and had only been out of custody for a period of a few weeks.  You have since been incarcerated, undergone a sentence, and you have about two months, roughly, of Renzella time.

46Your personal circumstances are traumatic and I accept that.  When you were around about five, your step‑brother died of suicide and at one stage your father, now a concreter, seriously cut himself in an act of self-harm.  You remember visiting him in hospital.  You remember your mother overdosing on prescription pills on a number of occasions. 

47Your parents separated when you were in primary school.  You went alone to live with your father while your other siblings lived with your mother.  You described your parents, and especially your mother, to Dr Owens, whose report I take into account, as 'chaotic, vindictive and spiteful', and you received significant emotional and physical abuse as a child.  You said that you were flogged too much “by your father.'’

48You were born and grew up in Queensland.  You came to Melbourne to live with your father when you were 12.  You left school after completing Year 8 at the age of 14.  You began concreting.  You have also done dairy farming, shed erecting and retail.  You moved out of home at the age of 14 to avoid conflict with your father.  You have been essentially homeless on many occasions.  Living with friends and in one worst case, living under a bridge for a few weeks. 

49Your mother died of cancer approximately four years ago and at that point you had been abstinent from drugs but relapsed in grief.  Your relationship with your father remains remote.

50You have been in a relationship with a Natasha Key, who is 12 years your senior.  You met her when you were homeless, and you had a relationship which lasted five years.  There is a daughter, who is now three, turning four in December, born of that relationship.  She was placed in family care on order of the secretary.

51You have demonstrated trying to be a parent to her.  You have organised fortnightly video calls with her from prison which are supervised by Child Protection, and I have read the letter from Child Protection which indicates that your interactions with your daughter are 'very loving and caring and age appropriate'.  When you are released from custody the department has a staged plan which would result in you being allowed unsupervised contact with your daughter after a period of time.  The whereabouts of the mother of the child are unknown but it is clear that you have endeavoured to do your best to try and provide a home for her once you are released.

52Your mental health leading up to this offending was poor.  You described attempting to suicide a couple of times.  And it is confirmed by Dr Owens that you have the diagnostic criteria for a borderline personality disorder.

53One of the matters that has caused you real concerns are that while you have been in custody – and I have read the reports of this – on a particular day you were working in prison industries as a welder and your best friend in custody was a Mr Stephen Paddy.  He caught fire due to welding and burning his prison overalls.  You and other prisoners saved his life by putting out the fire using gloves and splashing water on him.  But I accept that that process was not easy, and he was seriously injured.  He survived and spent two weeks in hospital. 

54It is clear from what Dr Owens said, that you found the incident particularly distressing.  You said that the worst of it was the sound of your friend's screams from pain.  The smell of burning flesh and the view that he was in fact so traumatised by what happened that he lost control of his bowels.  I accept that is a very significant event to witness for someone of your age and accordingly, I have no difficulty in accepting the diagnosis of Dr Owens.

55In your particular situation I do accept that only has to play a part.  I accept that Verdins has to play a part in the sentencing process.  I think that you were probably acting somewhat out of character at the time that all of this occurred.  I also accept that being in prison is not of the best order for your mental state and that continuing to be in prison would not be the best order for your mental state.

56As I have indicated I have read the various reports and I have read the report from DHS which is encouraging and it is clear that you have done many, or you are endeavouring to do many certificates and the like while you have been in gaol and would appear to be endeavouring to improve yourself.

57I have a letter from Mr Harris, who is, I understand, the father of the mother of your child, and he obviously is continuing support to you upon your release, and he has great hopes that you will be able to remain drug free and crime free upon your release.  He says that the authorities have faith in you and so does he.  He also says that he has faith in your ability to parent the child and that her mother has no interest in changing anything or communicating even.  So that is of some encouragement and assistance.

58So as far as you are concerned, rehabilitation in the end, is going to be up to you.  Re-offending is going to be dependent upon that rehabilitation.  There is very little else I can say about it.  So, for other than as I have already indicated, Bugmy and Verdins have to play a part in your sentencing as well.

59You, Ms Zwetsloot, are in a different situation.  You have prior convictions but not to the same level as certainly as Mr Winkelman.  You have been, I think, as I have indicated a couple of times now, pretty lucky in the way that all this has unfolded.  There is a bit of a difficulty in terms of what you were actually aware of before it occurred.  You certainly went in custody, and you were aware or purported to know where the gun was but I cannot go sentencing you on speculation.  It can only be on what you actually pleaded to.

60Again, all the other principles apply to you.  Worboyes and the like.  As with the other two, and which I do not think I have mentioned, the three of you have been facing a charge of carjacking which would have carried a minimum term of three years and that was only more recent times resolved. 

61You did 56 days in custody.  What has occurred since then is that you have apparently demonstrated an ongoing commitment to rehabilitation.  I have read the report from ARC and the report from Community Health which indicates that in the last six months you have completed something in the order of 168 hours of intensive alcohol and drug treatment which is somewhat impressive.  If you can continue with that everything should be okay.

62The ARC program report goes through quite a lot of detail.  I think the main thing to operate in your particular situation is that you had a relatively unscathed childhood but then you moved out of your family home at about 15 or 16 to live with your partner who is the father of your son.  You lived by yourself then from November of 2018 until December 2020.  You were then bailed to your parents' home, and you are currently residing with a brother.

63You said that you did not like high school as you were placed in lower special education classes which you felt were not appropriate to you.  You went to a different high school after Year 10 to escape bullying and after leaving school you endeavoured to get a certificate in childcare but that was never completed.  You worked at Woolworths for about three years, and you have not worked since then as you began abusing drugs.

64You have had two significant relationships.  The first of five years, which I have mentioned, with the father of your son, Jayden who is five.  And your son had been in your mother's care since your arrest in April 2020.  Police have contacted DHHS in respect of that and since that time you have been reunited with your child and the reports speak highly of that.

65You used amphetamine from 18 to 21 and you assert that you have been, relatively at least, clear of drugs since then.  I think the situation has to be in your background, as described in the psychological opinion,

Ms Zwetsloot is a 27-year-old female with a history of maladjustment evidenced by a low vocational attainment.  Criminality, polysubstance abuse and impoverished interpersonal relationships.  Presents with a complex and multifactorial clinical profile further complicated by a protracted history of drug abuse.  Ms Zwetsloot presents with a history of mood disturbance and reaches the criteria for persistent depressive disorder.  Suffers long periods of depressed mood.  Low self-esteem.  Poor concentration.  Low energy and feelings of hopelessness with intermittent manifestations of more severe depressive symptomology in the form of a major depressive disorder with recurrent suicide ideations and episode of self-harm.  Also meets the criteria for diagnosis of borderline personality disorder, characterised by marked impulsivity and pervasive instability of interpersonal relationships.

66You, on the cognitive testing, revealed a borderline range of working memory abilities and verbal comprehension.  Now, that does not amount to a mental disorder as such, but those intellectual limitations result in significant vulnerability and challenges as pointed out in the psychological report that has been tendered.

67I accept, pursuant to Verdins, that any further period of incarceration would likely worsen your mental state and it is in these circumstances that on a sentencing indication, I indicated that I was going to give you a combination sentence and that the time served of 56 days would be sufficient and having had you assessed, I see no reason to divert from that.

68Your rehabilitation, on the face of it at least, is going well at the moment.  The prospects of you re‑offending are realistically dependent on the rehabilitation.  It will be a significantly lengthy community corrections order and it is on armed robbery.  If you breach it and get brought back before me for any offending remotely like this, you will go back in and for a significant period of time.  I cannot make it any clearer than that.

69All right.  So, in terms of sentence, the sentence follows.  Firstly, Mr Winkelman:  Charge 1, three years; Charge 2, one year; Charge 3, three years; Charge 4, one year.  I have already indicated that I will do it for summary matters.      Six months of Charge 2.  One and a half years of the reckless endangerment and six months of Charge 4 served cumulatively upon each other and upon the sentence imposed on Charge 1, which is an effective total term of five and a half years.  I direct that three and a half years be served before becoming eligible for parole and I direct that 637 days be reckoned as having been served under this sentence pursuant to

70MR BLAKE:  Your Honour, I might just pause there for a moment.  It's 566 days in relation to Mr Winkelman.

71HIS HONOUR:  Five hundred and sixty-six.  Yes.  I thought I had read the wrong one.  Yes, thank you for that.

72Pursuant to s6AAA of the Sentencing Act but for your plea of guilty you would have been sentenced to be imprisoned for a period of eight years with a minimum term of six. 

73You, Mr Hazell, in all your circumstances: Charge 1, two years; Charge 2, six months; Charge 3, that is the drug use, which I am unable to ascertain with any accuracy what the level of it was, and you must get the benefit of the doubt, three months concurrent. Three months of the sentence imposed on Charge 2 to be served cumulatively upon the sentence imposed on Charge 1 which gives a total effective sentence of two years and three months. I direct that 18 months be served before becoming eligible for parole. I direct that 637 days be reckoned as having been served under this sentence. Pursuant to s6AAA I say that but for your plea of guilty you would have received three and a half years with two and a half years as a minimum.

74You, Ms Zwetsloot, on Charges 1 and 2, an aggregate of 56 days, together with a three-year community corrections order with conviction with the conditions that are outlined.  They being treatment rehabilitation for drugs, treatment rehabilitation for mental health, treatment rehabilitation to reduce re‑offending and supervision.  On Charge 3, seven days concurrent, as I think I indicated.  Charge 4, as I have indicated, convict and discharge. 

75So that is 56 days with a three-year CCO to follow.  And I am making it very, very clear to you, if you agree to this CCO, if you breach it, as I have said, counsel may well want to say things on your behalf at the time, but you are getting a significant sentence if you do breach it.  And you have heard what the sentences have been for each of your co-accused.

76All right, for you, in this situation, but for your plea of guilty, would have given you two of the one.  But as I am making it really clear to you, that is what I would have been without a plea of guilty.  If you fly in the face of this lenient disposition, you will pay the price for it.

77All right.  Any other orders I need to make, gents?  Other than get her to sign that?

78COUNSEL:  (Indistinct words) forfeiture (indistinct words).

79HIS HONOUR:  Sorry.  Made all the forfeiture and disclose orders.  Yes.  They are all signed.

80COUNSEL:  Okay.

81MR VUU:  Your Honour, I didn't manage to contact the informant in the last three days in relation to Mr Hazell's fine.  I was wondering if ‑ ‑ ‑

82HIS HONOUR:  Well, you've got until the appeal time runs out.

83MR VUU:  Thank you.

84HIS HONOUR:  They don't dispose of it until the appeal time's run out.  So you've got that.  All right.  Yes.  Just take that down and get her to sign it, please.  Yes.  Would you accompany my associate, please, Mr Livy.  If you go down the dock with her.  Both of you.  I said 18 months minimum term, didn't I?

85Mr VUU:  Yes, Your Honour.

86HIS HONOUR:  Yes, yes.  That's okay.  Yes.  No, no, no.  Just to get it right.  All right.  That's signed and you know what is going to happen if you breach it.  All right.  Okay.  Thanks for that.

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