Director of Public Prosecutions v Jackson (a pseudonym)
[2023] VCC 1786
•18 October 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication | |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LIAM JACKSON (A PSEUDONYM) |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10 October 2022 | |
DATE OF SENTENCE: | 18 October 2022 | |
CASE MAY BE CITED AS: | DPP v Jackson (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1786 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Conduct endangering persons – Attempted aggravated carjacking – Burglary – Intentionally damage property – Attempted burglary – Possession of drugs of dependence
Legislation Cited: Crimes Act 1958 (Vic); Criminal Procedure Act 2009 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:
Sentence:45 months imprisonment suspended subject to completion of Drug and Alcohol Treatment Order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms O. Chan | Office of Public Prosecutions |
| For the Accused | Ms E. Byrt | Victoria Legal Aid |
HER HONOUR:
1 Liam Jackson[1], you have pleaded guilty before me to one charge of conduct endangering persons, one charge of attempted aggravated carjacking, two charges of burglary, one charge of intentionally damaging property, one charge of attempted burglary and one charge of possessing drugs of dependence.
[1]A pseudonym.
2
You have also pleaded guilty to a number of related summary offences which were uplifted for hearing in the County Court pursuant to s145 of the
Criminal Procedure Act 2009 (Vic). Those charges are Summary Charge 1, committing an indictable offence whilst on bail; one charge of failing to stop when signalled to do so by a police officer; two charges of failing to stop immediately following a motor vehicle accident where damage was caused; one charge of unlawful assault with a weapon; one charge of careless driving; and you have also admitted prior convictions.
3
The facts underlying your offending are as follows: on 2 December 2021 at about 10.34 in the evening the first victim, Les Summers[2], was stationary in a car at a red light intersection of St Georges Road waiting to turn on to
Murray Road. The victim saw a white Holden Commodore driven by you enter the intersection and park horizontally in front of Mr Summer’s car. You got out of your car and were yelling as you approached Mr Summer, waving a hammer. Mr Summer understandably then locked his doors. Those actions relate to Summary Charge 19, assault with a weapon.
[2]A pseudonym.
4
You approached Mr Summer’s driver's door yelling, 'Get out of the car', and tried to open the car door, but luckily Mr Summer had managed to lock the doors.
Mr Summer saw numbers of cars drive around his car onto the footpath to avoid what was happening. While you were distracted by the cars behind, Mr Summer drove his car onto the footpath towards Murray Road and stopped at Woolworths and called Triple 0.
5
The second victim, Rachel Sherri[3], was driving her car south on
St Georges Road, Preston, and as she approached the intersection of
St Georges Road and Murray Road she saw your car blocking the intersection. She saw Mr Summer’s car making unsuccessful attempts to reverse away from your car. She saw you standing in the intersection trying to stop passing vehicles and drove her car up onto the embankment of the intersection in order to keep heading south. She pulled over shortly after and called Triple 0. While she was on the phone you drove your car in front of hers scraping the front right bumper and preventing her from driving forward.
[3]A pseudonym.
6 You got out of your car and stood near the rear passenger door holding a hammer in your left hand. Ms Sherri saw this and began to cry as you paced on the road before getting back into your car and driving away. You failed to exchange details with Ms Sherri after the accident. Those actions relate to Summary Charge 22, failing to stop vehicle after an accident.
7 Later that evening as police were travelling on High Street, Preston in an unmarked car in order to attend the scene of the incidents that I have just described, they approached the intersection of High Street and Murray Road. They saw your car blocking a number of vehicles at the intersection, the blocked vehicles trying to drive away. They saw you standing outside the driver's door of your car. Police entered the intersection with lights and sirens activated and approached you and made verbal directions for you to get on the ground. You looked at police, yelled 'Get fucked' and got back into your car, driving off along Murray Road at a fast rate of speed.
8 Police conducted a VicRoads check on the vehicle, revealing you to be the owner, and followed you to the intersection of Plenty Road. On reaching that intersection you stopped there for about 30 seconds, with the police car immediately behind you with sirens and lights activated. Police yelled out to you to get out of the car, but you ignored those demands and continued driving south on Plenty Road, police following. Those actions underlie related Summary Charge 6, failing to stop a vehicle on police request.
9 You continued to drive in the following way: you ignored a red light signal at the intersection of Bell Street and Plenty Road, taking a left‑hand turn into Bell Street, causing other vehicles to take evasive action. You used a slip lane on Bell Street to conduct a U-turn to travel west on Bell Street and entered the intersection of Bell Street and Plenty Road during a red traffic signal and conducted a U-turn to turn back and travel east along Bell Street. You then travelled along east on Bell Street at a fast rate of speed, weaving through traffic, causing other cars to take evasive action. You entered the intersection of Plenty Road and Albert Street on a red traffic signal and continued to drive at a fast rate of speed on to Murray Road before turning into Southern Road in Heidelberg West.
10 A witness, Marcus Tully[4], was driving his car on Southern Road at the time you were being pursued by police. He was travelling in the right‑hand lane when you approached his car from the rear at a fast rate of speed, catching up with Mr Tully’s car and then drawing level with him. You then slowed down and pulled into the right lane and made contact with Mr Tully’s car. You then made contact with the right side of Mr Tully’s car. Mr Tully immediately pulled over and you passed him. Mr Tully was able to obtain a description and registration of your car. Your actions towards Mr Tully and the car, and then driving away, underlie related Summary Charge 7, failing to stop after an accident.
[4]A pseudonym.
11 You turned your car into Oriel Road and police positioned themselves behind you with their lights and sirens activated. You then conducted a U-Turn to travel north on Oriel Road. At 10.51 pm police stopped the pursuit due to the risk to public safety and you were seen travelling west on Morobe Street in Heidelberg West. Your driving to this point is the subject of related Summary Charge 20, careless driving.
12 At 10.52 pm a marked police car was travelling west on Southern Road and as it approached the intersection of Southern Road and Liberty Parade the traffic light was green and the police car entered the intersection. You entered the intersection from the south against a red light and police had to take evasive action to avoid a collision with your car. That action underlies Charge 1 on the indictment, conduct endangering persons.
13
At 11.03 pm police located your car abandoned on Lloyd Street in
Heidelberg Heights after it had collided with the gutter and that car was seized and towed to Mill Park Towing for forensic examination.
14
At about 10.54 pm your next victim, Ian Jain[5], was working as an
Uber Eats delivery driver and had entered the La Katina Pizza on Bell Street, Heidelberg West to pick up a delivery. He parked his car directly outside the pizza shop and got out of his car as you pulled up behind him. He was standing on the footpath outside the pizza shop when you got out of your car holding a hammer in your right hand. You ran towards Mr Jain’s car, raising the hammer, yelling, 'Go, go, go away', and gesturing towards him with a hammer.
[5]A pseudonym.
15 You then walked around the rear of the car towards Mr Jain who retreated into the pizza shop to get away from you. You then got into Mr Jain’s car, into the driver's seat, and closed the door. You searched the car for keys and were described by Mr Jain to police as becoming frustrated. You then got out of the car, slammed the door and returned to your car, driving off along Bell Street. Those actions underlie Charge 2 on the indictment, attempted aggravated carjacking.
16 After getting out of your car you dropped the hammer, which was retrieved by Mr Jain, and the hammer was handed over to police who then attended the scene.
17 In the early hours of 3 December 2021 you went into the home of Mary Thao[6] at Heidelberg Heights, in possession of a 1.7 metre long metal stake. Ms Thao was at home with her two-year old daughter who was asleep. She received a notification on her phone from her doorbell CCTV system and saw you enter her garage via an open broken roller door where her car was located. She tried to communicate with you through the doorbell system and told you to leave, saying she would otherwise call police.
[6]A pseudonym.
18 You struck her car with the metal stake multiple times, then entered the rear yard of her property through a door in the garage. You caused damage to that door, then walked around the house and used the stake to hit a number of items, causing damage, including a tap at the front of the house. These actions underlie Charge 3 on the indictment, burglary, and Charge 4, criminal damage, and related Summary Charge 1, committing an indictable offence whilst on bail.
19 Soon after you attended the Davey Street Food Co in Rosanna, still in possession of the same metal stake. You used the stake to smash the front glass door of the premises, creating a large hole, then climbed in through that hole into the store. Those actions underlie Charge 5 on the indictment and related summary charge committing an indictable offence whilst on bail. You then went to the fridge and took multiple drinks before leaving the store.
20
About 10 minutes later you went to the Coles Express petrol station in
Lower Plenty Road, Rosanna, still in possession of the metal stake, and tried to force entry to the premises by using the stake to smash the glass front door. You were unable to get in, but you did cause damage to the door. Those actions underlying Charge 6 on the indictment, attempted burglary.
21 You then walked off towards Rosanna railway station. You got to the Rosanna railway station at about 2.25 am on 3 December, then used a Telstra payphone to call Triple 0, saying that you needed to reach out to someone, that you were holding an entire suburb at siege, that you had a giant bar, that you did not think you were going to surrender and you were probably going to go and take someone with you, in other words, threatening to commit suicide and take someone with you. That is, presumably, in your own mind, someone was going to die with you.
22 Police attended the railway station and saw you still in possession of the metal stake at the entrance foyer at the station. They approached you with drawn firearms and demanding that you drop the stake, which you did. You were handcuffed, assessed by paramedics, taken to the Heidelberg police station and there you were deemed unfit for interview.
23 Police attended Mill Park Towing to examine the white Holden Commodore you had been driving and inside it located a Ziploc bag containing about .68 grams of ice and a clear plastic bottle containing a small amount of GHB. The possession of those drugs underlie Charge 7 on the indictment, possession of a drug of dependence. Fingerprints were located in the car which are identified as yours.
24 The maximum penalty for this offending are as follows:
- conduct endangering persons: five years' imprisonment;
- attempted aggravated carjacking: 20 years' imprisonment;
- burglary: 10 years' imprisonment;
- criminal damage: 10 years' imprisonment;
- attempted burglary: five years' imprisonment;
- possessing a drug of dependence, not for a trafficking purpose, one year imprisonment;
- committing an indictable offence on bail: three months' imprisonment;
- failing to stop a motor vehicle on request: first offence, 60 penalty units or six months' imprisonment, subsequent offence 120 penalty units or 12 months imprisonment;
- failing to stop a vehicle after an accident: first offence five penalty units or 14 days' imprisonment, subsequent offence 10 penalty units or imprisonment not less than 14 days and not more than one month;
- assault with a weapon: two years' imprisonment;
- careless driving: first offence six penalty units, subsequent offence 12 penalty units.
25
At the time of this offending you were on bail which had been granted to you only two days previously on 30 November by the Broadmeadows
Magistrates' Court.
26 The matter resolved at a committal case conference hearing on 25 May 2022 and the committal proceeded by way of a straight hand-up brief. You have remained in custody since that time.
27 I now turn to your personal circumstances. You are now 34 years of age. You were born in Canberra where you were raised by your mother, your parents separating when you were very young. You told psychologist Gina Cidoni - whose report dated 15 August 2022 was tendered on the plea - that you had never met your biological father. You have a close relationship with your mother. She had several partners after separating from your biological father, you having the closest relationship with her first partner who you regard as a stepfather. However, they separated in 2000 and this impacted you. You remain close to that former stepfather.
28 You have a 14-year old half-brother and a 22-year old half-sister. You, your mother and siblings underwent many relocations over the years. When you were 13 your family moved to Cairns to live with one of your mother's former partners. Then when you were 16 you relocated to Victoria to live with another of her partners. And you told Ms Cidoni that you were constantly moving and hated it.
29 You moved out of home at the age of 21 to live with a former partner to whom you have a son aged 11. You separated after two years because of your substance abuse and constant arguments. That former partner now lives in New South Wales and you have not had any contact with her or your son since. You then lived in share houses, couch surfing at a friend's home and twice living in your own apartment. There were periods of time when you slept in your car. You have been in a relationship with your current partner, Louise[7], for some years. She is not a drug user, and at the time of your offending you two had an argument and you were living in your car.
[7]A pseudonym.
30 You attended multiple primary schools and three high schools in Canberra, Cairns and Victoria. Because of the constant moving you completed only half of Year 10 and then Year 11. Ultimately you left school because of your substance abuse and a lack of motivation. You said you had concentration issues and were suspended twice.
31 You worked on and off in construction from about the age of 17. You have worked in a pizza delivery business and then as a butcher. Your longest period of unemployment was for six to 12 months and this had happened four times. You have been receiving Centrelink payments for about the last 10 years. Your last period of employment was two weeks before you were gaoled, which was in construction.
32 Whilst in gaol you have worked in kitchens and it is your aim to work as a restaurant chef. Whilst in gaol you have also attended gym on a regular basis. You told Ms Cidoni that you were diagnosed with depression in 2016. You denied any history of self-harm or suicidal ideation. You have never attended any counselling. You do, however, have a long and problematic substance abuse history. You used cannabis when you were 17 which you were introduced to by friends. You used 1 gram daily until you were 30 when you decided to come off it because you recognised it was having a negative impact on you.
33
You started using heroin when you were 24 but ceased this after a year. When you were 26 you were introduced to ice and started using this daily, at one point using up to three times a day. You had occasional periods of abstinence while you were working in construction. You started using GHB when you were 33 as it was easier to obtain. You told Ms Cidoni that your longest period of abstinence was during each of your prison terms, lasting a total of three years. You said your last use of drugs before going into gaol after being arrested in relation to these matters was actually during this offending period. You told
Ms Cidoni you have remained drug-free whilst in gaol. You have attended drug counselling in prison and you competed the Skating On Ice program.
34 Essentially on the plea, and looking at the submissions by your counsel, it appears finally at the age of 34 you have reached a stage in your life where you wish to come off drugs - if I can put it that way. The way it is put is that you are, to quote you, 'over them'. There is no doubt that drugs have had an incredibly destructive impact on your life. You have never been able to hold down long-term employment. You have been on and off Centrelink benefits for years and over the years you have compiled a concerning prior criminal history.
35 This starts in 2012. You were dealt with at the Moorabbin Magistrates' Court for unlawful assault and making a threat to kill. In the same year you were dealt with for possessing cannabis. In 2014 you were placed on a community corrections order for burglary, theft, handling stolen goods, obtaining property by deception, burglary and shoplifting. Again you were placed on a second community corrections order on charges of theft, handling stolen goods, obtaining property by deception. You contravened this order and were dealt with on the earlier order.
36
On 25 October 2016 you were dealt with for theft of a bicycle, dealing with the proceeds of crime, theft, going equipped to steal, fail to answer bail, another burglary, theft, intentionally cause damage, possessing amphetamines and possessing cannabis. You were gaoled for that offending. On 10 April 2018 you received 30 months' imprisonment for carjacking, possession of a controlled weapon without excuse, being a prohibited person in possession of an imitation firearm. The minimum term set there was 20 months. Then on
13 April 2018 you also received 12 months' imprisonment as an aggregate sentence for breach of the community corrections order. On 28 August 2019 you received 60 days for dishonestly undertaking the retention of stolen goods.
37
Your offending is really concerning, Mr Jackson. It is quite clear that the behaviour you exhibited on the evening of 2 December, and the early hours of
3 December, was bizarre, that you were suffering some sort of psychotic reaction to the drugs you had been using - and I have had to say this to several people who have made application for placement on a drug and alcohol treatment order. You have told both Ms Cidoni and the assessors from
Drug Court House that at the time of this offending you were smoking ice almost non-stop.
38 You have got to the stage, it is quite clear, where use of amphetamine is affecting the organic functioning of your brain and you are starting to develop a psychiatric illness. Do you understand me?
39 OFFENDER: Yes, Your Honour.
40
HER HONOUR: It is not just a matter of using ice and offending to buy ice. You are now at the stage because of your ice use developing, as I have said, or demonstrating the early signs of a psychiatric illness. Probably some form of paranoid schizophrenia. It would appear from what you told
Ms Cidoni and other assessors that you believed you were being followed at the time, that you became paranoid. This is a classic sign of someone in the early stages or someone who is starting to suffer from a schizophrenic illness. So you need to actually be very worried about your drug use.
41
It has gone beyond drug use for the sake of it and has now entered the stage where you are showing irrational and bizarre behaviours whilst under the influence of drugs. It must have been quite extraordinary sitting there,
Mr Jackson, hearing me describe what you did on that night. It was just madness, stopping a car in the middle of a busy intersection, approaching people with hammers, entering houses with metal stakes. It must have been extraordinarily frightening for that woman with her two-year old daughter in her house watching you smash up her property with a stake.
42 Another man had to run into a pizza shop because you approached him with a stake and try to steal his car. The bizarre driving that could have resulted in multiple deaths. In order to be placed on a Drug and Alcohol Treatment Order (DATO), Mr Jackson, you must receive a sentence of no greater than four years. If you had caused a death on the road as a result of your driving you would be looking at what is known in the trade as double figures. A sentence of 10 years or more. There would have been absolutely no prospect of you being placed on a drug and alcohol treatment order, or any order other than a term of imprisonment of years.
43 It is extremely concerning to me that after receiving a 30-month sentence for carjacking you have clearly gone on to engage in the drug use you have engaged in since your late 20s insofar as ice is concerned and again engaged in extremely dangerous behaviour. It was certainly my view on first reading the materials in this matter that you were entirely unsuitable for a DATO because you presented such a danger to the community. You must be well aware now of the effect that ice has upon you and the danger that you present to innocent people.
44 How would you feel if your mother was driving one night and someone in a deranged and drug-affected state drove the way you did and caused an accident causing dreadful harm to herself and your brother and sister? That is the sort of danger you presented. It is an extraordinary picture of multiple cars forced into taking evasive action, a young woman sitting crying in a car while you approach her with a hammer. Much less the innocent people affected by your violent and irrational behaviour on this evening while you were armed with dangerous weapons - a metal stake and a hammer. That was you. That was your behaviour, Mr Jackson.
45 Let me make it very clear, whilst I am placing you on a DATO today there is no doubt in my mind that should you fail to abide by the conditions, and successfully complete this order, your life will be one of continuing and ever longer terms of imprisonment. That is all that lies before you. I hope you understand that. And you also need to understand, as I hope I have made clear, that you must pay particular attention to your ice use. Otherwise you are going to find yourself an incarcerated prisoner suffering from auditory command hallucinations in a state of constant paranoia which, to some extent, would be justified, because you will end up in a facility such as a gaol which is an environment involving constant surveillance as well as your own need to be on constant lookout your own safety.
46 I am painting this picture, apart from anything else, to make you understand the terrible position you have brought yourself to. It is all very well saying you are over drugs. Drugs are a positive danger to your psychiatric health. Drugs have led to you offending in bizarre ways and threatening the physical safety of multiple persons. That is what you came to and that is what you will go back to if you use again. There are several people now on DATOs order whom judges overseeing that order look at with particular concern. You will not be one of those persons on a DATO, Mr Jackson, who can use ice and then attend to the rest of their lives. It will become very, very clear that if you use ice whilst you are on this order because it will immediately have that reaction on the organic functioning of your brain. Do you know what I mean by that?
47 OFFENDER: Yes, Your Honour.
48 HER HONOUR: And you will start exhibiting bizarre behaviour. That is the level you have brought yourself to. All right. I cannot be any clearer than that. You need to bear that in mind as you enter this order. You have been assessed as suitable for placement on a DATO both by the case manager, Ms Santi Griffin-Achmad, and by the clinical adviser Amy Lopes. It is proposed that you reside with your mother when you are released on this order. She remains supportive of you and is a protective factor. That is correct, is it not, Ms Byrt? I could not remember if it was that or whether Louise said she might have him back for a short period of time.
49 MS BYRT: No, happy to have him back. He will be residing in - - -
50 HER HONOUR: Bentleigh East.
51 MS BYRT: Yes. And so I've advised Mr Jackson that upon his release he's not to go to Bentleigh. Not to do anything but walk straight to Drug Court House.
52 HER HONOUR: Absolutely.
53 MS BYRT: And then things can be organised in relation to Centrelink and the like.
54 HER HONOUR: Yes, thank you. Very well.
55 So, firstly, I am going to proceed to impose a term of imprisonment which will be suspended on my placing you on the order. And I sentence you as follows:
- on Charge 1, conduct endangering, you are sentenced to 18 months' imprisonment;
- Charge 2, attempted carjacking, you are sentenced to two years' imprisonment;
- Charge 3, burglary, 14 months' imprisonment;
- Charge 4, criminal damage, 10 months' imprisonment;
- Charge 5, burglary, 12 months' imprisonment;
- Charge 6, attempted burglary, eight months' imprisonment;
- Charge 7, possess drug of dependence, two months' imprisonment.
- Summary Charge 1, committing an indictable offence on bail, two months' imprisonment;
- Summary Charge 6, failing to stop on order of police, six months' imprisonment;
- Summary Charge 7, failing to stop after an accident, two months' imprisonment;
- Summary Charge 19, six months' imprisonment;
- Summary Charge 20, $400;
- Summary Charge 22, two months' imprisonment.
56
The base charge will be the sentence imposed on Charge 2. I order that six months of the sentence imposed on Charge 1, three months of the sentences imposed on Charges 3 and 5, two months of the sentences imposed on Charges 4 and 6, three months of the sentence imposed on
Summary Charge 6 and Summary Charge 19, be served cumulatively to the sentence imposed on Charge 2 on the indictment and to each other.
57 HER HONOUR: That is right. A total effective sentence of three years and nine months. All right. And this is suspended on you entering the drug and alcohol treatment order. Now, the first part of a drug and alcohol treatment order is the treatment and supervision part, and that treatment and supervision part has itself two parts which are the core conditions and the program conditions. Now, the core conditions, which last for the whole of the three years and nine months, are as follows:
· While on the order you may not commit any offence, either inside or outside Victoria, punishable by imprisonment. That does not mean you have to be imprisoned. It means if you commit an offence for which theoretically you could be gaoled, like a minor shoplifting, that will breach the order.
· Secondly, you must attend Drug Court and to take visits from Drug Court workers, report to Drug Court workers as and when directed. In other words, you must do what the Drug Court workers tell you.
· You are to undergo treatment for alcohol and drug dependency as specified.
· You must give at least two days' notice before changing your address.
· You may not leave Victoria without permission.
· You are to obey all lawful Drug Court team orders and instructions.
58 These are the core conditions and they will last for three years and nine months to which I have sentenced you. Within the treatment and supervision parts I am going to outline this lasts for two years. During that time you submit for drug and alcohol testing as directed. You must submit to detox or other treatment as directed. You are to attend vocational, education, employment programs as directed. You must submit to medical and psychiatric and psychological treatments as directed. You must reside - what is the address again, please? You are to reside at [omitted], Bentleigh East until further order.
59 You are not to drink alcohol. There will be a curfew between 9 pm and 6 am. You are excluded from the - you may not go to the suburb of Broadmeadows. You are not to do anything else that the Drug Court considers necessary or appropriate concerning your dependency or the personal factors that underlie that dependency.
60
Now, you also need to know that there is no confidentiality between the
Drug Court and the Drug Court team. You need to understand that you have to waive all rights of confidentiality between the Drug Court and those who act on behalf of the Drug Court and all other treatment providers, government agencies, authorities and departments. Do you understand that?
61 OFFENDER: Yes, Your Honour.
62 HER HONOUR: Are you prepared to be placed on this order?
63 OFFENDER: Yes, Your Honour.
64 HER HONOUR: Thank you. All right. I will get you to sign that. Thank you. Mr Jackson, you got on this order by the skin of your teeth. All right. Your priors are just too bad now. The other thing you have to understand is this: the law says that if you take a drug knowing it has a particular effect on you that is an aggravating feature for future offending. Have you got that?
65 OFFENDER: Yes.
66 HER HONOUR: So coming into court and saying, 'I've got a drug problem', if this doesn't work will not wash. And if it seems that you actually don't make it through a drug treatment order, a DATO, which is throwing every resource the court has available at you, then what's called the assessment of your prosects of rehabilitation, how likely is this bloke to go in the future, will be pretty much nil. You'll simply be regarded as a danger to the community. Now, I know I'm sounding heavy about all this, but, you know, you are in a really pivotal - you are at a crossroads now.
67 You're the right age for it. You know, it's mid 30s when people start realising what drugs are doing to them. I don't know why it takes that long, but it seems to. That's where you are and you either do this order or your life is going to spin out of control, seriously. All right? All right, then. Thank you.
68 Now, I understand we have Ms Norton in court who will take you to where you need to go. Good luck. I'm not sure if I - will I be seeing Mr Jackson this week?
69 MS NORTON: Yes, on the Friday.
70 HER HONOUR: Friday. All right. So I'll be seeing you in Drug Court. I'm sitting in Drug Court this week. So, look, again, I'm probably sounding as if all I'm doing is threatening you, Mr Jackson, but I'm actually not. It's about being really concerned about where you are. You're right on the edge of the cliff now and you've got to pull yourself back. When you say you're over drugs it's more than being over drugs. If you want a life make this order work.
71 OFFENDER: Yes, Your Honour, I will.
72 HER HONOUR: I hope you do. Yes, Ms Byrt?
73
MS BYRT: Just, Your Honour, is Your Honour prepared to note the
318 days - - -
74 HER HONOUR: We do that later.
75 MS BYRT: Thank you.
76 HER HONOUR: We don't note it now.
77 MS BYRT: And the only other thing would be the 6AAA.
78 HER HONOUR: Yes, all right. Pursuant to 6AAA, had you not pleaded guilty I would have sentenced you to a term of imprisonment of five and a half years, with a minimum term of three years and nine months.
79 HER HONOUR: Thank you. So I'll stand down and if you could clear the court as quick as possible. Thank you very much.
80 MS BYRT: As Your Honour pleases.
81 HER HONOUR: Thank you.
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