Director of Public Prosecutions v Hope
[2015] VCC 1163
•20 August 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-15-00592
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRETT NATHAN HOPE |
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JUDGE: | HIS HONOUR JUDGE SMITH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 June 2015 | |
DATE OF SENTENCE: | 20 August 2015 | |
CASE MAY BE CITED AS: | DPP v Hope | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1163 | |
REASONS FOR SENTENCE
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Subject: Sentencing
Catchwords: Transmitting indecent communications to a person under sixteen using a carriage service - Transmitting child pornography material using a carriage service - Procuring sexual activity from a person under sixteen using a carriage service - Soliciting child pornography material using a carriage service - Knowingly possessing child pornography.
Legislation Cited: Crimes Act 1914 (C’th); Crimes Act 1958 (Vic); Sentencing Act 1997 (Vic).
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms K Breckweg | Solicitor for Office of Public Prosecutions (Cth) |
| For the Accused | Ms T Hartnett |
HIS HONOUR:
1 Brett Nathan Hope, you have pleaded guilty to:
(i)One count of transmitting indecent communications to a person under sixteen using a carriage service contrary to s.474.27A of the Criminal Code (Cth);
(ii)One count of transmitting child pornography material using a carriage service contrary to s.474.19 (1) of the Code;
(iii)One count of procuring sexual activity from a person under sixteen using a carriage service contrary to s.474.26(1) of that Code;
(iv)One count of soliciting child pornography material using a carriage service contrary to s.474.19(1) of that Code;
(v)In addition you have pleaded guilty to one count of knowingly possessing child pornography contrary s.70(1) of the Crimes Act (Vic).
2 The circumstances of your offending have been appropriately summarised by the prosecution in a document entitled “Summary of Facts,” which was tendered as Exhibit A at your plea hearing, and which was acknowledged as being accurate by your counsel. It is not necessary for me to go into additional detail in relation to your offending. However the offences can be briefly summarised as follows:
·In relation to Charge 1, between 2 November and 6 November 2010, you conducted a number of Skype conversations with a boy you believed to be aged 15 years old. The conversations were indecent, offensive, and included numerous references by you to the 15 year old’s penis, buttocks and anus. The conversations included a number of references to sexual activities, including masturbation and ejaculation.
·Charge 2 was constituted by transmissions of child pornography by you between 27 January 2011 and 15 July 2012. You transmitted such pornographic material to some eleven persons. Your online chat sessions included offensive and explicit discussions regarding sexual activities; indecent images of young boys were transmitted.
·In respect of Charge 3, you engaged in a number of chat sessions with the same 15 year old who was involved in relation to Charge 1. You advised that you wanted him to go to a cinema with you where you could have sex with him. You made requests for him to digitally penetrate his own anus, which the boy ultimately did. You later had discussions with him in which you described having anal sex with him and another person at the same time.
·Charge 4 involved your soliciting of child pornography material by means of a carriage service. This soliciting involved you and two others. You requested nude photographs of young boys. Various pornographic images were transmitted to you pursuant to your requests.
·Charge 5, the Victorian state offence, involved your possession of child pornography. On one of your laptop computers, there were:
o Nine images described as category 1 material. That is, depictions of children with no actual sexual activity but with nudity, and explicit emphasis on genital areas.
o Five images of category 2 material. That is described as solo masturbation by a child or non-penetrative sex acts between children.
o One image and one video of category 4 material, described as penetrative sexual activity between children and adults.
On the second laptop computer were found:
oOne video of activity of category 1 type material.
oOne video of category 3 material.
o12 videos featuring behaviour described as category 4. and
oTwo videos featuring category 5 material, generally defined as behaviour including sadism and humiliation (such as bondage).
3 The prosecutor tendered a representative sample of such pornography which was viewed by me. With regard to the category 1 images, it is my view that they were relatively explicit, involving full frontal images of naked children with genitalia in full view. The category 2 and 4 images were largely self-explanatory, depicting anal and oral penetration of young boys. These were in the main lengthy videos, one of which was of some two hours duration. They were certainly not of a category which could be described as a snapshot or brief glimpses of the behaviour concerned.
4 The category 5 material involved oral sexual activity between young boys, one of whom was shown to have his hands bound behind his back.
5 The images and details of your offences came to the knowledge of Federal Police when search warrants were executed at residential premises occupied by you in November 2011 and again in July 2012. Records of interview were conducted with you on 5 September, 12 September and 29 October 2013.
6 In the course of those interviews, you made a number of relevant admissions. You told police that your chat sessions were largely a matter of fantasy for you. Generally, you pretended to be a person much younger than was truly the case. At times you pretended to be as young as 16. You denied to police having any sexual interest in children. You denied that you had any actual intention of meeting any of your contacts for sexual purposes.
7 You were not entirely frank with police. You did not acknowledge that you had directed the 15 year old to perform indecent acts on the Skype camera for you and you denied that the chats that you had with him were indecent or offensive. You said that you were joking around and that your comments were made in jest. I do not accept that that was so. You admitted that you believed that the boy, the subject of Charge 1, was aged 15. Many of the images received by you were of boys who appeared to have been of very young boys, probably no older than twelve or thirteen.
Background
8 By way of background, you are 34 years old at present. You were brought up in Ringwood. You had a somewhat unhappy childhood in that your parents separated when you were aged about 13; they got back together after a year or so but separated again when you were about 18. It seems that your father had chronic alcohol and gambling problems. You were not close to him and I was advised that you have had no contact with him at all in recent times.
9 You have one younger sister. You are not close to her.
10 You are however close to your mother and that you have regular contact with her.
11 You were educated up to and including Year 12. Your counsel advised me that you did not have a happy time at school, at primary school you were bullied. Later you attended Melbourne High School for Years 9 and 10, but although you were reasonably academic, you felt that you did not fit in there. You were described as being socially isolated. You completed Years 11 and 12 at Ringwood Secondary College.
12 After school, you attended at RMIT where you completed a town planning course in 2002. You worked in the town planning field until 2012, with various local government bodies.
13 In late 2012, you commenced an apprenticeship as a chef. That apprenticeship was due to have been completed in November 2015, but for reasons that will become evident, that will not be so. In the course of your apprenticeship to date, you have worked at a number of quality restaurants and it may well be that in the future you will be able to complete your apprenticeship and engage in that profession.
14 You currently live in rented accommodation with a friend.
15 You have had a number of close and romantic relationships in the past, not all of which have finished happily. You have not been in such a relationship for some time.
16 A report by Dr Mathew Barth, psychologist, dated 24 June 2015 was tendered. Dr Barth interviewed you for about three hours over two dates in May 2015. It appears that you talked with him frankly about your personal history, problems and lifestyle.
17 On the basis of the history provided by you to him, Dr Barth reported, in summary, that:
· You have had depressive and anxiety related symptoms since childhood in the context of a disruptive family environment and unhappy schooling.
· Although you had consulted a social worker for a short time you had not otherwise sought assistance from any mental health professional.
· The offences occurred in a period when you were experiencing work related stress.
· You had long-standing issues of low self-esteem and feelings of inadequacy.
Dr Barth considered that:
· Currently, your symptoms warranted a diagnosis of an adjustment disorder with mixed anxiety and depressed mood.
· He considered that the nature, duration and context of your offending clearly pointed to deviant sexual arousal patterns regarding underage males indicating the presence of psycho-sexual pathology.
· He thought there was a moderate risk of recidivism. The worrying factors, he considered, were that the offending conduct was perpetrated against multiple male victims who were strangers to you, and the diverse nature of your offending.
· He thought there was a compelling need for you to participate in specialist sex-offender treatment.
· He thought that you would benefit from psychological treatment for your symptoms of depression and anxiety.
· He thought that you required alcohol-related counselling and education to reduce the risk of you relapsing into more frequent bouts of binge drinking, a factor which previously has disinhibited your behaviour.
· He considered that your poor coping skills and significant interpersonal dependency would make you a relatively vulnerable prisoner which may inhibit your rehabilitation prospects.
· He considered that considering your current level of emotional distress, you would be at significant risk of further deterioration in mood in the aftermath of sentencing.
Sentencing Principles
18 Section 16A of the Crimes Act (Cth), the Commonwealth Crimes Act, provides that a court, when sentencing a person in respect of a federal offence, must impose a sentence that is of a severity appropriate in all the circumstances. The section requires me to take a number of matters into account. These, briefly, include –
· Firstly the nature and circumstances of your offending;
· Your personal circumstances;
· Any loss or damage resulting from the offending;
· The degree to which you have shown contrition for the offence or offences;
· The fact that you have pleaded guilty;
· The deterrent effect of any sentence, that any sentence may have on you;
· The need to ensure that you are adequately punished for the offences;
· Your character, antecedence, age, means and physical or mental condition; and
· The prospects of your rehabilitation.
19 I am conscious of the provisions of s.17A of that Act, which provides that a court shall not pass a sentence of imprisonment on any person for a federal offence, unless the court, after having considered all other available sentences, is satisfied that no other sentence is appropriate in all the circumstances of the case.
20 I also note the provisions of s.5(2) and (4) of the Sentencing Act 1991 (Vic) which contain similar terms to those that I have referred to in s.16A and 17A of the Commonwealth Act (C’th).
21 In respect of the four Commonwealth charges, I consider that these are serious offences.
22 In your case, the material possessed by you depicts, in the main, explicit sexual behaviour involving children. It involved material depicting nudity of young boys, close up pictures of their genitalia, boys masturbating themselves and sexual penetration of boys by others. The gravity of it is serious.
23 They involved indecent communications via your computer to others included a number with the 15 year old boy, the soliciting of pornographic images of young boys, and the encouragement and procurement of various sexual acts which were performed and transmitted to you by a Skype camera facility.
24 Your offence under the Victorian Act s.70 (1) of the Crimes Act is also serious.
25 In an earlier case in the Court of Appeal of this state, Nettle JA (as he then was) said, in relation to possession of child pornography, the following words and I quote them:
"The precepts which apply to the sentencing of offenders for offences of possessing child pornography are tolerably clear.
First, the nature and gravity of the offending ordinarily falls to be determined by reference to four criteria:
a) The nature and content of the material, in particular the age of the children and the gravity of the sexual activity depicted;
b) The number of images or items possessed;
c) Whether the material is for the purpose of sale or further distribution;
d) Whether the offender will profit from the offence.
In the case of child pornography for personal use, the number of children depicted and who are thereby victims, is also regarded as a relevant consideration.
Secondly, general deterrence is regarded as the paramount sentencing consideration, because of the public interest in stifling the provision and use of child pornography; and less or limited weight is given to an offender's prior good character, because it has been the experience of the courts that such offences are committed frequently by persons otherwise of good character.
Thirdly, a sentence of immediate imprisonment would ordinarily be warranted, but it is recognised that there are cases where a sentence which does not involve a period of actual custody is not precluded".[1]
[1]DPP v Smith [2010] VSCA 215, [23]
26 In terms of the quantity of such images, I accept that it is at the lower end of the scale often seen in courts such as this.
27 Further, there is no evidence that you intended to sell or otherwise profit from further distribution of the material.
28 In respect of all of the offences that you are before the court for, I accept that, generally speaking, general deterrence is the paramount sentencing consideration for such offending.
Mitigating Factors
29 I have taken into account a number of mitigating factors referred to by your counsel in her submissions to me.
30 Firstly, you pleaded guilty to these offences at a relatively early time thus relieving witnesses from having to attend court to give evidence and using court resources unnecessarily. I accept that your early plea is indicative of some remorse for your offending. Nevertheless, it is of some concern to me that the extent of your remorse has not been such as to motivate you to inform you family and most of your friends of your offending and the extent of it.
31 Secondly, I take into account your somewhat unsettled and possibly dysfunctional upbringing, although I do not consider that your family life could truly be described as chaotic or disorganized to any great degree. Your parents did separate but that is not a rare or exceptional event. Your father appears to have had a problem with alcohol and gambling.
32 Thirdly, you have no prior convictions. I therefore sentence you on the basis that you were of good character prior to committing these offences. There is no evidence of offending since these charges were brought against you.
33 Fourthly, you have a good work record, initially in the town planning field and more recently as a chef. I consider there are reasonably good prospects that you will be able to continue in that profession when your sentence has been completed.
34 Fifthly, I take into account that you have been a relatively isolated and probably lonely character. I was told by your counsel that you had not told any of your family of these charges. You had apparently told a couple of friends who had soon after disowned you. You have never discussed your homosexuality with any member of your family. I was told that you have written a letter to your mother which you instructed your solicitor to hand to her after your term of imprisonment began.
35 Sixthly, it is likely that you will find prison more onerous than many in the prison community.
36 Seventh, I accept that you have reasonably good prospects for rehabilitation.
37 Finally, I note that you did take part in two interviews - actually it might have been three interviews with police in September and then in October 2013. There was an unexplained delay until 5 December 2014, more than a year, before charges these were laid. That these matters were hanging over your head during that extended period, is a matter I take into account.
38 Your sentence should and does take into account each of those matters.
39 I will mention what was said by another judge in this court some five years ago of an offender charged with similar offences to those that you have been charged with and pleaded guilty to. And I quote:
“You have become part of the shadowy, unreal world of the internet sexually-based chat room, which has taken the place of open, mature, adult relationships. There, the perverted and abnormal loses its true character. Reaction becomes blunted and grossness is accepted as normal.”[2]
I regard those comments as equally applicable to your situation.
Sentence
[2] Per Judge Gaynor; referred to in DPP v Ison [2010] VSCA 286 at [18].
40 I have come to the conclusion that it is necessary that you be sentenced in respect of each of the Commonwealth offences to an immediate term of imprisonment in order to reflect the seriousness of the offences committed by you, the need to deter you from further similar offending in the future and the need to deter others from similarly offending as you have. Finally, the need for the court to demonstrate its denunciation of your behaviour.
41 I have reached the same conclusion in respect of the Victorian offence of possession of child pornography.
42 Your counsel conceded that the seriousness of your offending warranted a sentence of immediate imprisonment.
43 Taking all of these matters into account, I consider that the appropriate sentence, when looked at as a whole, is one where you will spend some further time in custody and then be released in relation to the Commonwealth offences on a recognizance release order. And in relation to the state offences, to a community corrections order. The purpose of releasing you in relation to those orders, it is to be hoped that you will have the opportunity to receive the specific treatment in respect of your conditions as outlined and identified by Dr Barth.
44 Because you are to be sentenced in respect of Charges 2, 3 and 4, that is three of the Commonwealth charges, to a term of imprisonment, it follows that, in respect of the state charge, Charge 5, you are to be sentenced as a serious sexual offender by reason of Part 2A of the Sentencing Act 1991 (Vic). By reason of s.6D of that Act, I must regard the protection of the community from you as the principal purpose for the sentence that is to be imposed.
45 In addition, I may, in order to achieve that purpose, impose a sentence longer than which is proportionate to the gravity of the offence considered in the light of its objective circumstances. However counsel for the prosecution does not submit that I should do so in the circumstances of your case. I accept that that submission is appropriate.
46 Further, pursuant to s.6E of that Act, every term of imprisonment imposed by a court on a serious sexual offender for a relevant offence must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentences of imprisonment imposed on that offender, whether before or at the same time as that term. Notwithstanding those provisions of s.6E, I consider that principles of totality are significantly applicable here. In all of the circumstances of your case, I consider that it is appropriate that the sentence I impose be, in relation to the state offence, be served together with the Commonwealth offence penalties rather than cumulatively.
47 Now I want to, at this point, read out the sentences that I propose to make. When I say I propose, I will invite both counsel to advice if they hold a view that there is some difficulty from a technical nature with the sentences that are proposed. So just this, for the moment, as a proposed set of sentences rather than an actual order.
48 With regard to:
· Charge 1, that is, transmitting indecent communications to a person under the age of 16 using a carriage service, you are to be sentenced to 6 months imprisonment commencing today, that is 20 August 2015.
· In respect of Charge 2, transmitting child pornography using a carriage service, you are sentenced to 6 months imprisonment commencing on 20 October 2015.
· In respect of Charge 3, the procuring sexual activity from a person under the age of 16 using a carriage service; you are to be sentenced to 6 months imprisonment commencing on 20 January 2016.
· In respect of Charge 4, the soliciting of child pornography using a carriage service; you are sentenced to 6 months imprisonment commencing on 20 March 2016.
49 It follows, I should say on my calculations, in relation to those four Commonwealth offences, there is a total effective sentence of 15 months.
50 In relation to those sentences, I direct that after having served 12 months of that total effective sentence, you will be released upon a 2 year recognizance release order pursuant to s.20 of the Commonwealth Crimes Act upon you giving security by recognizance in the sum of $500 with an undertaking to be of good behaviour during that balance of that total effective sentence. I am sorry what I meant to say there was during the balance of the recognizance release order.
51 With respect to Charge 5, that is the charge of possessing child pornography contrary to s.70(1) Victorian Crimes Act, you are sentenced to a term of imprisonment of 6 months commencing today to be served concurrently with the sentences imposed in relation to the four Commonwealth offences. In addition, you are sentenced, subject to your consent, to a three year community correction order commencing on the date of your release from prison. That community correction order pursuant to Part 3A of the Sentencing Act 1991. Such order will contain a number of conditions.
52 I am in possession of a report from Corrections Victoria dated this date, indicating that you are suitable for such an order.
53 I would only sentence you as I have indicated if you were to indicate that you consented to such a community corrections order. But before I ask whether you do or do not do so consent I should advise you of the conditions that I propose to include as part of that order.
54 Firstly, there are a number of mandatory terms set out in s.45 of the Sentencing Act. They are as follows:
(a)that you must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
(b)that you comply with any obligations or requirements provided by the regulations;
(c)that you must report to and receive visits from the Secretary of the Department of Justice, or his nominee, as directed during the period of the order;
(d)that you must report to the Office of Corrections Victoria at 2 Bond Street Ringwood, within two clear working days of your release from prison;
(e)that you must notify the Secretary of any change of address or employment within two clear working days after that change;
(f)that you must not leave Victoria except with the permission of the Secretary; and
(g)that you must comply with any direction given by the Secretary that is necessary in order to ensure that you comply with this community corrections order.
55 In addition, there will be conditions that the purpose of which is to facilitate receipt of regular treatment for the issues identified by Dr Barth.:
(a)you must undergo any assessment or treatment (including testing) for alcohol abuse or dependency as directed by the regional manager, pursuant to s.48D of the Sentencing Act;
(b)you must undergo any assessment or treatment (including testing) at a residential facility for withdrawal from or rehabilitation for alcohol abuse or dependency as directed by the regional manager, pursuant to s.48D;
(c)you must undergo any mental health assessment or treatment that may include psychological, neuro-psychological, psychiatric, or treatment in a hospital or residential facility, pursuant to s.48D;
(d)any program that addresses factors related to your offending behaviour. Specifically, you are to attend, undertake, and complete a sex offender’s program as directed by the Secretary;
(e)you must be under the supervision of a community corrections officer for a period of three years during the course of the community corrections order, pursuant to s.48E and, for that purpose, you are to report to and receive visits from officers of Community Corrections Victoria as directed.
56 I have had regard, in making these orders, to the information, matters and recommendations made in the Corrections Victoria report.
57 I should ask you now Mr Hope whether you consent to such and order being made. You may wish to discuss these matters with your counsel before stating whether or not you do - do you want to have a moment with your counsel or not? Yes.
58 MS HARTNETT: My instructor might approach.
59 HIS HONOUR: Yes, thank you. By all means.
60 MS HARTNETT: I understand Mr Hope consents to the order sir.
61 HIS HONOUR: Yes, thank you. Ringing in my ears are my comments relating to the recognizance release order.
62 MS BRECKWEG: Yes Your Honour.
63 HIS HONOUR: Where I think I said two years but I meant three.
64 MS BRECKWEG: Three.
65 HIS HONOUR: So the period of the recognizance release order and the community corrections order will be identical.
66 MS BRECKWEG: Yes Your Honour. I am not sure if Your Honour indicated a recognizance amount?
67 HIS HONOUR: I said $500 I thought.
68 MS BRECKWEG: 500, thank you, thank you Your Honour. I am sure you did.
69 HIS HONOUR: I did not, I do.
70 MS BRECKWEG: I am sure you did, my instructors nodding profusely.
71 HIS HONOUR: May I give the counsel the opportunity of bringing to my attention any inconsistencies with the law as they see it?
72 MS BRECKWEG: Two issues Your Honour.
73 HIS HONOUR: Yes.
74 MS BRECKWEG: Pre-sentenced detention needs to be declared.
75 HIS HONOUR: Yes, I have got that further down at 61 - not at 61, it has been charged to 55, has it not. I will deal with that right now.
Pursuant to s.16E(2) of the Crimes Act, the Commonwealth Crimes Act, and s.18(4) of the Sentencing Act in Victoria, I declare that 55 days is to be reckoned as a period of imprisonment already served under this sentence and I direct that that fact - I direct that the fact of this declaration and its details be noted on the record of this court.
76 MS BRECKWEG: Thank you Your Honour. Your Honour the other issue is 6AAA's declaration.
77 HIS HONOUR: I am coming to that too.
78 MS BRECKWEG: Your Honour's sentence would not be invalidated if you didn't do it, but it's normally done.
79 HIS HONOUR: No, no I was just asking really insofar as the actual sentences are concerned, whether there are any hurdles that you consider have not been cleared?
80 MS BRECKWEG: Only one Your Honour that my calculations indicate that the total effective sentence is 13 months rather than 15. I understand the defence have agreed with that calculation.
81 HIS HONOUR: Well I will not change the individual periods, but if I have made a mistake as to the total effective sentence then that will be recorded as 13 months and not 15.
82 MS BRECKWEG: 13, yes Your Honour. Thank you Your Honour, those are the only matters.
83 HIS HONOUR: Yes, thank you. Ms Hartnett do you have anything you want to raise at this point?
84 MS HARTNETT: No Your Honour, thanks.
85 HIS HONOUR: Thank you. Pursuant to s.6AAA of the Sentencing Act, I am required to state the penalties that I would have imposed in the event that you had pleaded not guilty to these charges and had been convicted of them nevertheless. Had that been the case, in relation to the four Commonwealth charges, I would have sentenced you to a total effective term of imprisonment of two years. With regard to the fifth Charge under s.70 of the Crimes Act (Vic), I would have sentenced you to a term of imprisonment of 15 months, nine months of which would be served concurrently with the total effective sentence imposed in respect of the Commonwealth sentences.
86 Under the Sex Offenders Registration Act 2004, by reason of these convictions, you are to be recorded as a registrable offender for life. You must report your personal details to the Chief Commissioner of Police annually for the rest of your life. You must first report after your release from custody. Details in writing of those reporting conditions will be provided to you your forthwith I hope by my associate.
87 My associate will have you sign documents relating to the sex offenders registration conditions and also documents relating to the community correction order and the recognizance release order. You may wish to discuss these with your solicitor, it is a bit of a reading and they are not the easiest words of the English language to follow, but you will certainly - I will give you an opportunity to do so.
88 Ms Hartnett, I will give you and your instructing solicitor a few minutes to go through those papers with Mr Hope, I will stand the court down and I will allow you to do so.
89 MS HARTNETT: Thank you sir.
90 HIS HONOUR: Let me know when you are ready to for me to come back onto the Bench.
(Short adjournment.)
91 MS HARTNETT: Thank you sir that material has been shown to him.
92 HIS HONOUR: Thank you Ms Hartnett. Those orders, if they have not formally been made, I would say they will be made in accordance with the terms as indicated by me. Mr Hope just stand up for a moment would you.
93 You have heard the orders that I have made and the upshot is that you do go to prison for some time and you are then followed up pursuant to the community correction order hopefully with some appropriate treatment which will assist you. It is important that you understand that if you breach the terms of the recognizance release order by failing to be of good behaviour, or if you breach any of the conditions of the community correction order, that in itself would constitute a further offence, punishable by law.
94 But the twist in relation to the community correction order is that if you breach its terms, you would come back before me to be resentenced for these offences, do you understand that?
95 OFFENDER: Yes, I understand that.
96 HIS HONOUR: Without wanting to give any commitment as to what such resentence would be, it is very common for a resentence not to include what might be described as generous terms concerning a community correction order. Rather often a longer term of imprisonment is the result. You should keep that in mind. And a breach of the community corrections order would not only be the committing of further offences punishable by imprisonment but also failing to attend appointments for treatment, failing to follow the directions the director has given to you regarding the various matters set out in that order.
97 For your sake, I hope you do take the terms of those orders seriously. Yes, thank you Mr Hope, he may be taken downstairs. Anything else that counsel want to raise?
98 MS BRECKWEG: No, sir.
99 MS HARTNETT: No, Your Honour.
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