Director of Public Prosecutions v Henderson

[2022] VCC 1708

IN THE COUNTY COURT OF VICTORIA Revised
 Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-22-00662; CR-22-00664; CR-22-00665; CR-22-00666

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMES HENDERSON

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JUDGE:	HIS HONOUR JUDGE HIGHAM
WHERE HELD:	Melbourne
DATE OF HEARING:	29 August 2022 and 13 September 2022
DATE OF SENTENCE:	19 September 2022
CASE MAY BE CITED AS:	DPP v Henderson
MEDIUM NEUTRAL CITATION:	[2022] VCC 1708

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Sentence – attempted theft from motor vehicle – theft from motor vehicle – negligently deal with proceeds of crime – enter private place without authority – aggravated burglary – theft – obtain property by deception – burglary – attempted burglary – handle stolen goods – commit indictable offence whilst on bail – attempted aggravated burglary – theft of a motor vehicle – possession of a drug of dependence – plea of guilty

Legislation Cited:           Sentencing Act 1991 (Vic) ss 5(1), 6AAA, 18(4), 18X
Sentence:  Drug and Alcohol Treatment Order, custodial part of 41 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Liantzakis	Office of Public Prosecutions
For the Accused	Mr S. Ranjit	James Dowsley and Associates

HIS HONOUR:

1James Henderson, you have pleaded guilty on Indictment L12030337 to:

·        four charges of attempted theft (Charges 1, 2, 3 and 6), for each of which the maximum penalty is term of imprisonment of five years;

·        two charges of theft (Charges 4 and 5), for each of which the maximum penalty is a term of imprisonment of 10 years; and

·        one charge of negligently deal with proceeds of crime
(Charge 7), for which the maximum penalty is a term of imprisonment of five years.

2You have also pleaded guilty to the related summary offence of without authority or excuse entering a private place (Summary Charge 5), for which the maximum penalty is six months’ imprisonment.

3You have also pleaded guilty on Indictment M10227336 to:

·        three charges of aggravated burglary (Charges 1, 4 and 30), for each of which the maximum penalty is term of imprisonment of 25 years;

·        three charges of theft (Charges 2, 5 and 27), for each of which the maximum penalty is a term of imprisonment of 10 years;

·        one charge of attempted theft (Charge 3), for each of which the maximum penalty is a term of imprisonment of five years;

·        22 charges of obtaining property by deception (Charges 6 to 25, 28 and 29), for each of which the maximum penalty is a term of imprisonment of 10 years;

·        one charge of burglary (Charge 26), for which the maximum penalty is a term of imprisonment of 10 years;

·        one charge of attempted aggravated burglary (Charge 31), for which the maximum penalty is a term of imprisonment of 20 years; and

·        three charges of handle stolen goods (Charges 32, 33 and 34), for each of which the maximum penalty is a term of imprisonment of
15 years.

4You have also pleaded guilty to related summary offences of entering a private place without authority or excuse (Summary Charge 40), for which the maximum penalty is six months imprisonment, and seven charges of commit an indictable offence whilst on bail (Summary Charges 8, 11, 32, 36, 39, 43 and 45), for each of which the maximum penalty is three months imprisonment.

5On Indictment M10227358, you have pleaded guilty to:

·        one charge of burglary (Charge 1), for which the maximum penalty is a term of imprisonment of 10 years;

·        six charges of theft (Charges 2, 4, 6, 8, 14 and 17), for each of which the maximum penalty is a term of imprisonment of 10 years;

·        five charges of aggravated burglary (Charges 3, 5, 7, 13 and 16), for each of which the maximum penalty is a term of imprisonment of 25 years;

·        seven charges of obtaining property by deception (Charges 9, 10, 11, 18, 19, 20 and 21), for each of which the maximum penalty is a term of imprisonment of 10 years;

·        one charge of attempted aggravated burglary (Charge 12), for which the maximum penalty is a term of imprisonment of 20 years;

·        one charge of theft (Charge 15), for which the maximum penalty is a term of imprisonment of 10 years;

·        one charge of handling stolen goods (Charge 22), for which the maximum penalty is a term of imprisonment of 15 years; and

·        three charges of possession of a drug of dependence
 (Charges 23, 24 and 25), for each of which the maximum penalty is a term of imprisonment of one year.

6You have also pleaded guilty to nine related summary offences (Summary Charges 3, 6, 9, 18, 22, 24, 28, 31 and 36) of committing an indictable offence whilst on bail, for each of which the maximum penalty is three months' imprisonment.

7On Indictment M10227325, you have pleaded guilty to one charge of attempted aggravated burglary (Charge 1), for which the maximum penalty is a term of imprisonment of 20 years.

8Tendered as Exhibit 1 on the Determination Hearing was a Summary of Prosecution Opening, which set out the agreed facts of your offending.  In brief, the circumstances of your offending were as follows.

Indictment L12030337

9On 24 July 2020 at approximately 11:20 am, you attended a set of factory units in Melton.  Over a period of 25 minutes you were captured on CCTV footage and observed by several witnesses entering two unlocked motor vehicles in a restricted area and retrieving items.  You then tried to open the doors of four other motor vehicles.

10You were arrested at the scene and were found to have $63.30 cash on your person, which was seized.  You were taken to Melton police station and, initially, you denied all the allegations during your Record of Interview, as you were entitled to do.  You later admitted to accessing some of the vehicles and taking money from them.  You were charged and bailed. 

11All your subsequent offending on the other three indictments was committed after this date and, thus, whilst you were on bail.

Indictments M10227336, M10227358 and M10227325

12On 15 January 2021 at approximately 2:30 am, you were captured on CCTV attending a house on Findon Street, Malvern East.  You stole a pair of sunglasses from a motor vehicle parked in the driveway and attempted to enter a second vehicle.  You then entered the residence through an unlocked gate.  You spent several minutes inside the house while your victim, Ms Epstein, and her family were asleep, before leaving.  At 4:10 am, you re-entered the residence and took a purse containing seven credit cards belonging to
Ms Epstein.  You then proceeded to spend a total of $1,540.96 in
20 transactions, at various locations, using the stolen credit cards. 

13On 18 January 2021 at approximately 2:15 am, you and your co-offender,
Darren Rundell, were captured on CCTV attending a house on North Road, Brighton. You entered via the residence's doggy-door and stole several items.

14On 21 and 22 January 2021, you and another male were captured on CCTV attending three residential properties:  at Kent Street, Brighton;  Martin Street, Brighton; and Esplanade, Brighton.  On all occasions you forced entry into the residences and stole several items, including a purse containing bank cards belonging to Ms Sheffield.  You later visited three convenience stores and spent $439.69 across five transactions using Ms Sheffield's credit cards.

15On 24 January 2021, you and another person were captured on CCTV forcing entry into a house on Rose Street, Armadale.  You stole several items from the residence, including a credit card in the name of Jason Dowd.  You proceeded to use the stolen credit card twice and you spent a total of $189.30.

16On 25 January 2021, you were observed exiting the property at
Findon Street, Malvern East, and entering a vehicle with stolen registration plates.  You were then captured on CCTV with an unknown male entering a house on Tahara Road, Toorak.  Ms Duong was inside the residence at the time and observed you rummaging through the desk drawers of her bedroom.  You were then observed attempting to enter two further residences at Wallace Street, Toorak, and Head Street, Brighton.  During the latter instance, you were observed using a crowbar to gain entry.

17On 27 January 2021, police located the silver Mercedes Benz bearing stolen registration plates that you had been observed entering and exiting on multiple occasions.  Your DNA was located on a soft drink bottle inside that vehicle.

18On 31 January 2021, you and Mr Rundell were captured on CCTV entering a house on Moule Avenue, Brighton.  You stole a blue BMW.  On 1 February 2021, you were captured on CCTV inside the stolen BMW vehicle.

19On 2 February 2021, you attended a house on Olive Street, Hampton, and stole several handbags containing bankcards belonging to Ms Warner.  You then made four transactions, totalling $288.95, using the stolen bankcards at a convenience store. 

20You were arrested later that day exiting the stolen BMW vehicle at a Caltex Service Station on Glen Huntly Road, Elsternwick.   Police searched the car and located stolen property from the multiple thefts and burglaries that you had committed. Police also located drugs of dependence and tools. You were taken to Prahran police station and you were charged and remanded in custody, where you have since remained.

21All matters resolved at a case conference in September 2021. Yours is therefore an early plea.  After a summary jurisdiction application was refused, the matter proceeded on 28 April 2022 by way of straight hand-up brief. It was adjourned into the Drug and Alcohol Treatment Court on 23 May 2022 for a Determination Hearing, that eventually concluded on the 13 September 2022.

22Exhibit 3 on that Determination Hearing was a Clinical Advisor Report by
Adrian Papworth, dated 17 June 2022.  Exhibit 4 was a Case Management Assessment Report by Megan Kew, dated 16 June 2022.  Also tendered was a report from Dr Kate Roberts, forensic psychiatrist, dated
28 June 2022 (Exhibit 6JH), a report from Carla Ferrari, forensic psychologist, dated 15 March 2021 (Exhibit 7JH), an addendum clinical advisor report by Amy Lopes dated 9 September 2022 (Exhibit 8), and your prior criminal record.  Together these reports and records set out your personal narrative, your substance abuse and forensic history and your mental ill-health.  They identified your challenges and, where appropriate, set out treatment pathways and recommendations.

23I turn now to your personal circumstances.

24You were born in May 1978 and are now 44 years of age. You were aged  42 at the time of this offending.  You have one younger brother.  You were raised in Frankston and you report happy memories of your childhood in a loving family.  You note, however, that alcohol was a significant presence in your parents' life, and that your family moved frequently, chasing better economic opportunity in hard financial times.  At the age of 15, your parents asked you to leave the family home due to your ongoing substance use and mood swings.  You lived in various accommodations before moving in with your then girlfriend's parents at the age of 17.

25You, nonetheless, completed Year 11 and started a boilermakers apprenticeship.  You did not finish that apprenticeship. You later secured work as a glazier for a couple of years. This was to be your only period of stable employment and, indeed, of relative stability in your life.

26You have had two short significant relationships, and have no children.  You are currently single.  You report a positive relationship with your parents and sibling. Your mother in particular is broken hearted at the trajectory of your life, but remains a strong support.  Your family have all now relocated interstate, meaning you have no family or positive pro-social relations here in Victoria.

27You began to experience significant mental ill-health at the age of 17, initially depression.  You were prescribed Prozac and this led to an improvement in your mental health, and you began employment (as described above).  However, you then started to experience psychotic symptoms which became severe, particularly in a custodial setting.  You were diagnosed with bipolar disorder in the early 2000s.  You have had in-patient admissions and, when in prison, have had several admissions to designated mental health units and have been placed on depot antipsychotic medication, which you describe as “fixing” your symptoms.

28Your current reported diagnosis is one of schizoaffective disorder, which is managed in a custodial setting by appropriate antipsychotic medication. You recognise this medication helps in controlling your illness and you currently feel that you are, “on top of my mental health” (see Exhibit 3).

29You began using cannabis and alcohol at the age of 13 and began using heroin at the age of 21. Heroin has become your drug of choice over the intervening years and your daily companion.  You told Mr Papworth (Exhibit 3) that heroin was, at the time of your arrest, your main drug of concern, using about half a gram per day.  You were also drinking half a bottle of whiskey per day and reported daily intravenous use of methamphetamine.  You recognise how methamphetamine use exacerbates your psychotic symptoms and makes your mental ill-health worse.

30Your criminal history demonstrates the chronic impact of your substance use and mental ill-health upon your ability to live a law-abiding life.  You began offending as a juvenile and spent 12 months in the now notorious Turana juvenile correctional facility, where you reportedly endured physical, sexual and psychological abuse, of which you did not speak until after your arrest on these matters.  Since then you have appeared no fewer than
25 times in front of the courts and have, more recently, been sentenced to longer and longer terms of imprisonment.  You told Dr Roberts (Exhibit 6JH) that you have only been out of prison for six months out of the past seven years.

31You have consistently breached community-based orders, custody and treatment orders and parole orders.  In 2018, you were assessed as unsuitable for a Magistrates' Court drug treatment order due to your lack of pro-social supports in the community, your erratic behaviour with non-adherence to mental health medication, and your general transience constituting risk factors which were unable to be supported or mitigated whilst on a drug treatment order.  On 2 December 2020, you were given a combination sentence with a
12 months' Community Corrections Order (CCO), your first, commencing on
20 December 2020.  Thus, the offending on Indictments M10227336, M10227358 and M10227325, was committed both whilst you were on bail and just three weeks into your first CCO. I am told you had lost accommodation and, in consequence, had reconnected with old drug associates.

32Mr Papworth (Exhibit 3) opined that you would have satisfied the diagnostic criteria for stimulant, sedative, anxiolytic and cannabis use disorders at the time of the alleged offending and that the treatment and supervision component of a Drug and Alcohol Treatment Order (DATO) would be an appropriate intervention to address those disorders. Further, there are “no significant concerns” regarding your capacity to participate in such an Order. Treatment plan recommendations were made and expanded upon by Ms Lopes (Exhibit 8).

33For Ms Kew (Exhibit 4), your transience was a matter of some considerable concern, as it was for the Court, which concern was compounded by your lack of prosocial supports in the community.  You now present as,

“Highly institutionalised, which is manifested in part due to his complex mental health concerns. Self-reports and psychological records indicate that Mr Henderson's non-compliance with mental health medication impacts his ongoing diagnoses of post-traumatic stress disorder and schizoaffective disorder”.

34She concluded,

“However, despite the above, Mr Henderson has never had the opportunity to genuinely address his substance misuse and offending behaviour in a meaningful and therapeutic manner as provided through a drug and alcohol treatment order.  Furthermore, he has never had the chance to exit the revolving door of prison and step out of institutionalisation”.

35Significantly, you have not accrued any positive urine screens during your current custodial period.  You have also demonstrated acceptance of your offending and some insight into its consequences.  These factors led Ms Kew to recommend you for placement on a DATO.

36The particular purposes of such an order are:[1]

(a)   to facilitate the rehabilitation of the participant offender by providing a judicially supervised, therapeutically-oriented, integrated drug and alcohol treatment and supervision regime;

(b)   to take account of the offender participant's drug or alcohol dependency;

(c)   to reduce the level of criminal activity associated with drug or alcohol dependency; and

(d)   to reduce the offender participant's health risks associated with drug or alcohol dependency.

[1] Sentencing Act 1991 (Vic), s 18X(1).

37Mr Ranjit, on your behalf, submitted that notwithstanding your evident challenges, such a disposition was an appropriate disposition in your circumstances and the circumstances of your offending.

38Ms Liantzakis, on behalf the Director, accepted your dependence, its contribution to your offending and, in essence, did not oppose such a course if the Court deemed it appropriate.

39Mr Henderson, this was serious offending, as is clear from the maximum penalties imposed by Parliament.  Burglaries of, and thefts from people's homes represent violations of the intimate domestic space of those who are its victims.  Homes, which are places of refuge and should be guarantors of security and comfort, are invaded by the likes of you with no thought given to the sense of violation that you visit upon your victims.  I accept that your plea is made on the basis of you being reckless as to whether persons were present and that you fled when you found anyone was in fact at home.   However, in my view, the time of entry, save in all but one, would have made it probable, indeed if not highly probable, that persons were present, sleeping in the homes they treasured and where they had a right to feel safe and which you had determined to burgle.  

40Although I cannot find that you specifically targeted any property, your offending involved some planning and preparation:  it most certainly was not spontaneous.  Your offending demonstrated a complete disregard for the property and welfare of others and was driven solely by your own needs.  You were heedless of the rights and interests of others and your offending on Indictments M10227336, M10227358 and M10227325 was aggravated in its seriousness by being committed both whilst you were on bail for earlier offending and also just three weeks into being placed upon a CCO.

41In sentencing you, I must have regard to a range of different factors.  I must give effect to the principal of general deterrence, that is I have to deter others from behaving as you did, and to the principle of specific deterrence, that is to deter you from ever repeating such offending.  I must consider the need to protect the community and express the community's denunciation of your conduct.  I must take into account the effect of your crimes upon the community, have regard to current sentencing practices and the maximum penalties for the offences to which you have pleaded guilty.  I must ensure as far as possible that you are rehabilitated and reintegrated into society.  In short, I must try to balance your personal circumstances with the circumstances of your offending and I must also pass no greater sentence than is necessary in all the circumstances of the case, as I find them to be.

42These sentencing purposes, as identified in s 5(1) of the Sentencing Act 1991 (Vic), are all still enlivened in your case. Indeed, specific deterrence and the need to protect the community from your continued offending loom very large in this sentencing exercise. However, if the Court is considering making a DATO then your rehabilitation and the protection of the community, achieved through your rehabilitation, have greater importance than those other sentencing purposes.[2]

[2] Sentencing Act 1991 (Vic), s 18X(2).

43On all the material in front of me, I am satisfied on the balance of probabilities that:

(a)   you have a polysubstance dependency;

(b)   your dependency contributed to the commission of the offending in front of me;

(c)   otherwise it would be appropriate to impose an immediate sentence of imprisonment of no more than four years; and

(d)   you are not charged with offending, nor are you subject to any order, that would make you ineligible for placement upon a DATO.

44Your guilty plea brings with it the utilitarian benefit of saving the community the time and expense of a trial, and it brings particular benefit in this time of the COVID-19 pandemic, which benefit must be recognised and given effect in any sentence.

45As your counsel, Mr Ranjit, submitted,  imprisonment is not deterring you, nor is it providing you with the assistance or treatment that you require in the community.

46You have, it seems, managed a period of abstinence whilst on your current remand, and perhaps that is the longest period of abstinence that you have achieved for a considerable period of time.

47It is clear on all the material in front of me, Mr Henderson, that your mental health combined with your lifelong and chronic drug dependency make a crime-free life in the community perhaps beyond your reach without the benefit of an intensive, closely monitored intervention.

48Your personal and criminal history demonstrates a very clear cycle of medication non-adherence, substance use, offending and imprisonment, which cycle begins again upon your release. I am prepared, after long consideration, Mr Henderson, to provide you with an opportunity to break that cycle.

49On Charges 23 to 25 on Indictment M10227358, you are convicted and discharged.

50On Charges 14 and 15 on Indictment M10227358, you are sentenced to an aggregate term of 150 days’ imprisonment. Your licence is cancelled and you are disqualified from applying for another licence for a period of 12 months.

51On Indictment M10227336, related Summary Offences 8, 11, 32, 36, 39, 43 and 45, you are sentenced to a term of imprisonment on each charge of
40 days, which is to be served concurrently.  That makes a Total Effective Sentence (TES) of 40 days’ imprisonment.

52On Indictment M10227358, related Summary Offences 3, 6, 9, 18, 22, 24, 28, 31 and 36, you are again sentenced to 40 days on each charge, which are to be served concurrently.  That makes a TES of 40 days’ imprisonment.

53The sentence on the related summary offences for Indictments M10227336 and M10227358 are to run cumulative to each other, and cumulative to the sentence of 150 days’ imprisonment on Charges 14 and 15 on Indictment M10227358.  That makes a TES of 230 days’ imprisonment on those indictments, but that is time already served. 

54On Charges 1 to 7 and related Summary Charge 5 on Indictment L12030337, Charge 1 on Indictment M10227325, Charges 1 to 34 and related Summary Charge 40 on Indictment M10227336, and Charges 1 to 13 and 16 to 22 on Indictment M10227358, you are convicted and placed upon a Drug and Alcohol Treatment Order (DATO).

55A DATO has two parts: the treatment and supervision part and the custodial part. The treatment and supervision part itself has two parts, which are as follows.

56The core conditions, which are that:

(a)   you must not commit, whether in or outside of Victoria, another offence punishable on conviction by imprisonment during the time the Order is in force;

(b)   you must attend Drug Court when required by the Court to do so; 

(c)   you must report to the Melbourne Drug Court House within two clear working days after the Order is imposed; 

(d)   you must report to and accept visits from members of the Drug Court;

(e)   you must undergo treatment for alcohol and drug dependency as specified in the Order or by the Drug Court;

(f)    you must give notice of any change of address, at least two clear working days before the change, to a specified Drug Court officer;

(g)   you are not to leave Victoria without the permission of the Drug Court; and

(h)   you are to obey all lawful instructions from the Drug Court Team. 

57The core conditions will operate for 41 months, or until further order.

58The program conditions, which are that: 

(a)   you must submit for drug and alcohol testing, as directed; 

(b)   you must submit to detoxification or other treatments specified in the Order, as directed;

(c)   you must attend vocational, educational and employment programs, as directed;

(d)   you must submit to medical, psychiatric and psychological treatment, as directed;

(e)   you must not associate with Darren Rundell;

(f)    you must reside at an address directed by the Drug and Alcohol Treatment Court for the duration of the Order or until further Order; 

(g)   you are subject to a curfew that you must remain at the address directed by the Drug and Alcohol Treatment Court between the hours of 9:00 pm and 6:00 am, which is required until further order;

(h)   you are not to use a drug of dependence without lawful authorisation;

(i)    you are to abstain from alcohol; 

(j)    you must remain at your own Emergency Accommodation as directed by Launch Housing and not visit or attend any other Emergency Accommodation property that is not yours, until further order;

(k)   you must make contact with a General Practitioner within 28 days, as directed by the Drug and Alcohol Treatment Court Team; and

(l)    you are to do or not do anything else that the Drug Courts consider necessary or appropriate concerning:

(i)your drug and alcohol dependency; and

(ii)the personal factors that the Drug Court considers contributed to your criminal behaviour. 

59These program conditions will operate for two years, or until further order. 

60The custodial part of the DATO is the term of imprisonment that I would have imposed had I not placed you on a DATO, and it is a term of imprisonment of 41 months. That is made up as follows:

(a)   On Indictment L12030337 Charges 1 to 7, and on related Summary Charge 5, you are sentenced to an aggregate sentence of 6 months;

(b)   On Indictment M10227325 Charge 1, Indictment M10227336 Charges 1,4, 26, 30, 31 and related Summary Charge 40, and on Indictment M10227358 Charges 1, 3, 5, 7, 12, 13 and 16, you are sentenced to an aggregate sentence of 2 years and 9 months;

(c)   On Indictment M10227336 Charges 5 and 27, and on Indictment M10227358 Charges 2, 4, 6, 8 and 17, you are sentenced to an aggregate sentence of 9 months;

(d)   On Indictment M10227336 Charges 6 to 25, 28, 29 and on Indictment M10227358 Charges 9, 10, 11, 18, 19, 20 and 21, you are sentence to an aggregate sentence of 6 months; and

(e)   On Indictment M10227336 Charges 2, 3, 32, 33 and 34, and on Indictment M10227358 Charge 22, you are sentence to an aggregate sentence of 4 months.

61I order that 2 months of the aggregate sentence on Indictment L12030337 Charges 1 to 7 and on related Summary Charge 5, 3 months of the aggregate sentence on Indictment M10227336 Charges 5 and 27, and on Indictment M10227358 Charges 2, 4, 6, 8 and 17, 2 months of the aggregate sentence on Indictment M10227336 Charges 6 to 25, 28, 29 and on Indictment M10227358 Charges 9, 10, 11, 18, 19, 20 and 21, and 1 month of the aggregate sentence on Indictment M10227336 Charges 2, 3, 32, 33 and 34, and on Indictment M10227358 Charge 22, run cumulative to each other and cumulative to the aggregate sentence on Indictment M10227325 Charge 1, Indictment M10227336 Charges 1,4, 26, 30, 31 and related Summary Charge 40, and on Indictment M10227358 Charges 1, 3, 5, 7, 12, 13 and 16.

62That makes a TES of 3 years and 5 months (or 41 months).

63Mr Henderson, you are also being asked to waive all rights of confidentiality of communications between, on the one part, the Drug Court and everyone who works for it and, on the other part, all treatment providers, all government agencies, authorities and departments.  Do you understand?

64OFFENDER:  Yes, Your Honour.

65HIS HONOUR: Mr Henderson, do you consent to being placed upon the Drug and Alcohol Treatment Order?

66OFFENDER:  Yes, Your Honour.

67HIS HONOUR: Ms Liantzakis, I am going to sign the forfeiture and disposal orders.

68MS LIANTZAKIS:  Thank you, Your Honour.

69HIS HONOUR: Pursuant to s 18(4) of the Sentencing Act 1991, I declare that you have served 364 days of Pre-Sentence Detention (PSD). That is arrived at by taking the 230 days’ sentence which I have imposed today and which has already been served, away from the agreed figure of PSD, being 594 days.

70Pursuant to s 6AAA, had you not pleaded guilty I would have sentenced you to a term of imprisonment of 4 years and 9 months, with a non-parole period of 3 years and 6 months.

71All right Mr Henderson, you can come out of the dock now.