Director of Public Prosecutions v Jeitany
[2017] VCC 678
•9 June 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
CR 17-00135
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL JEITANY |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 May 2017 | |
DATE OF SENTENCE: | 9 June 2017 | |
CASE MAY BE CITED AS: | DPP v Jeitany | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 678 | |
REASONS FOR SENTENCE
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Catchwords: Criminal law – sentencing – series commercial burglaries – armed robbery (carjacking) – conduct endangering persons dangerous or negligent driving whilst being pursued by police – possess drug of dependence and related summary charges of commission of an indictable offence whilst on bail, stating a false name to police when arrested – immediate custodial sentence imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr J McWilliams | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr C Farrington (Plea) Ms N Menegas (Sentence) | Patrick Dwyer Lawyers |
HER HONOUR:
1 Michael Jeitany, you have pleaded guilty before me to ten charges on the indictment which includes two charges of theft, one charge of attempted burglary, two charges of burglary, one charge of attempted theft, one charge of armed robbery, one charge of conduct endangering persons, one charge of dangerous or negligent driving while pursued by police and one charge of possess a drug of dependence, namely methylamphetamine.
2
In addition, you consented to the court dealing with summary charges that were transferred pursuant to s.145 of the Criminal Procedure Act 2009, being
Charge 20 – commit an indictable offence whilst on bail and Charge 21 – state false name to police.
3 The offending is serious. That is evidenced by the maximum penalties prescribed by Parliament and it is as follows:
· Armed Robbery – 25 years’ imprisonment;
· Theft and Burglary charges – ten years’ imprisonment;
· Attempted burglary, attempted theft, reckless conduct endangering persons – five years’ imprisonment;
· Dangerous driving whilst being pursued by police – three years’ imprisonment;
· Possession of a drug of dependence where it is accepted it was for personal use – one year imprisonment;
· Commit an indictable offence whilst on bail – three months’ imprisonment;
· State false name on request – five penalty units.
4 You admitted your prior criminal history. You do not come before the court as a person of prior good character. You have a significant and relevant prior criminal history. You have court appearances that span the period from 3 April 2009 to 6 June 2006. All up, there were eight court attendances. You have relevant driving convictions, convictions for crimes of violence such as unlawful assault, you have convictions for burglary and theft, for robbery, recklessly cause injury and drug-related offences.
5 In the past, courts have provided to you a variety of dispositions including fines, community-based orders, community correction order, wholly suspended prison sentences. You breached the community-based order, you breached the community correction order and you breached the suspended sentence. A degree of leniency has been shown to you in the past by courts however, you have not in the past taken up the opportunity to reform.
6 When interviewed by Ms Gina Cidoni, psychologist, whose report was provided to the court and is dated 18 May 2017, you had little if any recall of the events the subject of your prior court appearances.
7 I shall now proceed to sentence for these matters on the basis of the prosecution opening. There was no issue taken with that at the plea hearing. It is marked as an exhibit.
8 I will turn to the circumstances of your offending. The offending involves the commission of a number of serious crimes on 2 June 2016 in company with four co-accused. You and the others committed or attempted to commit a series of burglaries on commercial premises located at shopping centres in Gladstone Park, Broadmeadows and Roxburgh Park with the aim of stealing large quantities of cigarettes. You targeted cigarette stores in the northern suburbs. Your group was well-equipped. You had in your possession a demolition saw, two black and white doona covers, a jemmy bar, a baseball bat and sledgehammers.
9 The manner of execution of these offences leads to the conclusion that you were part of a well-orchestrated and well-planned professional operation that had given consideration to the locations of the targeted cigarette shops, the timing of the robberies so as to minimise the prospect of detention, and further, the group had stolen two Mercedes vehicles to further facilitate the commission of these crimes.
10 In the days preceding 2 June 2016, the two Mercedes Benz motor vehicles were stolen from residential premises in Fawkner and Epping by currently unidentified persons.
11 One of the Mercedes was driven by you in the course of the commission of this offending and the use by you of the Mercedes Benz in the course of this offending gives rise to Charge 1 on the indictment – that is theft.
12 The offending commenced in the early hours. At about 2.05 am, you, in company with four others, arrived at the Gladstone Park Shopping Centre travelling in convoy. You intended to enter the Tobacco Station Group premises to steal cigarettes. You initially attempted to gain access to the store via the YPA real estate office that was connected to the shopping centre. Your group smashed the front door of the real estate office which was located on an external boundary of the shopping centre. Once inside, your group attempted to access the shopping centre itself, but you were unable to gain access in this way. You then went to the glass shopping centre doors and smashed an external glass door that enabled access to the centre.
13 Once inside, you approached the TSG store that was secured by a locked roller door. Your group unsuccessfully sought to gain access by kicking the roller door forcefully on multiple occasions. That caused stock to fall from the shelving and display shelves which in turn caused damage to the stock and fittings within the store. When you were unable to gain entry, your group then used the jemmy bar and demolition saw to try and remove the padlocks which secured the roller door. You were not successful in your efforts and after about five minutes the group fled the shopping centre, returned to the two stolen Mercedes and left the area about 2.11 am.
14 The damage to the YPA real estate office and the TSG store, including broken glass panels, stock loss and damage to the TSG external roller door and locks incurred a total cost of $3,600. That is Charge 2, the attempted burglary of Gladstone Park Shopping Centre.
15 At 2.14 am, your convoy then arrived at the Broadmeadows Shopping Centre. You sought to access that shopping centre by smashing an external glass door and unlocking it. You gained access and once inside made your way to the TSG store. On that occasion, you were able to force open the roller door and you entered the store and forced open locked cigarette cabinets. You proceeded to fill each of the doona covers with a number of cigarette packages, the value of which is $18,401.62. At 2.17 am, the group left the store and that constitutes incident 2, burglary and theft, Charges 3 and 4 on indictment.
16 Victoria Police members were able to locate some blood when they processed the crime scene. That was later analysed and determined to be blood that came from your body.
17
At 2.23 am, your group arrived at Roxburgh Park Shopping Centre in convoy. You entered the Cignall Specialist Tobacconist store at that shopping centre and gained access by cutting the locks to the front door. There was an additional security rolled down door that was forcefully kicked and pulled until it could be opened. Once inside, your group knocked over display stands and knocked off stocks off shelves. You approached the cigarette cabinets and attempted to prise open the security grill, but you were unsuccessful. You then left the store at 2.26 am and fled the scene in convoy. That constitutes
Charges 5 and 6 on the indictment - burglary and attempted theft.
18 At about 2.35 am, the convoy was observed by Victoria Police members to be travelling southbound on Pascoe Vale Road, Broadmeadows at a fast rate of speed and in excess of the clearly posted speed limit.
19 At 2.40 am, different Victoria Police members observed the two stolen Mercedes vehicles entering the Western Ring Road via the Sydney Road ramp in Campbellfield. Each of the Mercedes was stationary on the onramp for a short time before performing an unlawful U-turn and then the two vehicles drove in convoy westbound in the eastbound lanes. As a result, eastbound oncoming traffic was forced to take evasive action in order to prevent a head-on collision. The two Mercedes continued to travel eastbound at a fast rate of speed before taking the Edgars Road exit.
20 At 2.48 am, the two stolen vehicles were detected by a traffic camera travelling in convoy south on Sydney Road in Campbellfield at the intersection with Barry Road. You were driving one of the Mercedes and that vehicle was detected by the traffic camera to be travelling at 163 km/h in excess of double the posted speed limit of 80 km/h.
21 At approximately 2.49 am, the vehicle being driven by you was detected by a red light camera travelling southbound on Pascoe Vale Road at its intersection with Reservoir Road, Coolaroo. The Mercedes failed to stop at a red light at the intersection. At the time you drove through the intersection, the light applicable to you had been red for 7.6 seconds. That is Charge 8 – reckless conduct endangering persons.
22 A pursuit of the two stolen Mercedes was commenced by the police air wing at 2.51 am. Whilst under observation and pursuit by the air wing, both stolen Mercedes were observed to travel at excessive speeds through residential streets. Each vehicle failed at various times to obey red lights, were observed to drive on the incorrect side of the road and placed other road users in danger of serious injury as a result of your conduct.
23 At approximately 3 am, “stop sticks” were deployed at Ascot Vale Road, Moonee Ponds. The vehicle being driven by you ran over the stop sticks which became entangled underneath the vehicle and caused the tyres to be deflated. You then drove into nearby Sydenham Street, where you jumped out of the immobilised vehicle and joined the remaining four co-accused as a passenger in the second stolen Mercedes. Collectively, you fled the scene.
24 Police then secured your stolen vehicle and located a black and white doona cover which contained 475 assorted packets of cigarettes. Your blood was located on the driver’s side window and door of that vehicle. That is Charge 9 - dangerous or negligent driving while being pursued by the police.
25 Your group continued driving towards the Melbourne CBD in the second stolen Mercedes at a fast rate of speed, disobeying red traffic lights and driving on the wrong side of the road as it continued to be monitored by the police air wing. At about 3.23 am, the vehicle travelled east over the West Gate Bridge at approximately 130 km/h and continued into the CBD.
26
At about 3.28 am, Daniel Mandiuc was seated in his driver’s seat of his red Holden Commodore in Collins Street, Melbourne CBD. Your group pulled up alongside his vehicle, you got out of the front passenger door and approached him, armed with a sledgehammer, and made demands for him to get out. You were joined by two other passengers from the Mercedes who were also armed with a baseball bat and a sledgehammer. Following threats and demands made by you, Mr Mandiuc alighted from his vehicle. You and your co-accused then entered the red Commodore and drove it away in convoy with the other stolen Mercedes vehicle at a fast rate of speed. And that is the armed robbery,
Charge 7 on the indictment.
27
The Commodore was kept under observation by the police air wing until
3.50 am, when the pursuit was ended due to concern about public safety given the erratic and dangerous nature of the driving. The vehicle was later discovered abandoned in High Street, Glen Iris at 6.07 am with doors open and the engine running.
28 Information held by Victoria Police provided them with an identity and address of one of the suspected co-accused. Victoria Police members then attended upon that address and located members of the group of suspected co-accused. You were present at that time and were asked to provide your personal details. You gave your brother’s name, Wayne Jeitany. You said that you had been gambling at the Crown Casino all night and did not know the other co-accused, as they were mates of your cousin and that constitutes summary offence 21 – state false name and address.
29 At the relevant time of this offending, you were on three undertakings of bail and you were subject to curfew conditions requiring you to be present at your place of residence between the hours of 9 pm and 6 am in respect to bail that was entered last in time at Broadmeadows Magistrates’ Court on 1 June 2016. That is summary charge 20 - commit indictable offence whilst on bail.
30 You were arrested on 6 July 2016 and taken to Broadmeadows police station for interview. You broadly denied any involvement in the offending and provided no comment when the substantive allegations were put to you by police.
31 During the execution of the search warrant a number of Ziploc bags containing small quantities of methamphetamine were found in your possession. It is accepted that the drug was for personal use only. It was not weighed and was only of a small quantity, that is Charge 10 on the indictment – possess drug of dependence.
32 Each of the other alleged co-accused in this matter have pleaded not guilty and they have been committed for trial to commence 23 October 2017.
33 I will now refer to the objective gravity of the offending.
34 Mr Jeitany, the offences represented on the indictment are all serious. Your offending, committed whilst you were under the influence of the drug ice, demonstrates how drug addiction causes immeasurable harm to the community from violent, dangerous and reckless behaviour.
35 Mr Farrington acknowledged on your behalf that this offending is serious and warranted the imposition of a jail term to be immediately served.
36 I consider that the burglaries and attempted burglaries and associated thefts and attempted theft are serious examples of this sort of serious offending, having regard to the professional nature of the operation that targeted the specialist cigarette stores. Further, the manner of the execution involving five people, utilising two stolen Mercedes vehicles, equipped with tools that enabled access to the shopping complexes leads to the conclusion that this operation was well-planned. There was knowledge of the location of the various stores and your group used force to enter each of the buildings. The offending was committed within a short period of time, in the early hours of the morning, when the risk of detection was minimised. I am satisfied that you were not the instigator of this planned series of offences, however, you have played a significant role.
37 Insofar as the armed robbery is concerned, I consider this to be the most serious of your criminal behaviour. This is a very serious example of armed robbery given that it was committed in company and it would have been extremely terrifying for the owner of the Commodore to have been confronted by your collective threatening and aggressive demands for his vehicle, in the circumstances where it was in the early hours of the morning, in the Melbourne CBD with there being no others around to assist him.
38 There is a need to deter like-minded people from engaging in such activity. Drivers are entitled to feel safe and secure when driving in a public place. Equally, those who conduct small businesses at large shopping complexes are entitled to expect that if you commit commercial burglaries of the nature that has been undertaken in this case then stern punishment will follow.
39 Your manner of driving concerning Charges 8 and 9 on the indictment involving continuous breaches of the road rules demonstrates a real disregard for the personal safety of other road users. Potentially, your driving could have resulted in catastrophic consequences especially for those who were exposed to your dangerous driving on that occasion. It is more by good fortune that no one was hurt by reason of your erratic driving and also driving on the wrong side of the road.
40 The nature of your offending being committed in company with others means that the principles of general and specific deterrence assumes real importance.
41 Denunciation and the need to protect the community looms large in respect to this sort of anarchical criminal behaviour. The community is entitled to be outraged by such offending.
42 One victim impact statement was received by the court. It was from the owner of the cigarette store at Roxburgh Park (Charges 5 and 6 on the indictment). Mr Tom Elyas confirmed in his statement that he has been scarred as a result of your actions. He is a man who has been in business for over ten years, but after this incident, he has been set back considerably to the point that the closure of his business for good was an all too close reality and it has affected him mentally.
43 There are no other victim impact statements filed but having regard to the nature of the offending, I consider that it would have been a terrifying experience for the owner of the Commodore to be confronted by three men with threats of violence and I have taken that into consideration.
44 I will now turn to your personal and mitigating circumstances. You are still a relatively young man. You are aged 26. You are of Lebanese background. You have a large support network and a number of your aunts, cousins and your parents all attended the plea hearing.
45 Your parents separated when you were three. The separation was a difficult and acrimonious one that involved litigation in the Family Court of Australia. Your parents have not been able to heal their rift and effectively have no relationship. They do however remain supportive of you. You are one of three boys born to their marriage. You have two brothers, Wayne and David, neither of whom have been in any trouble with the law. Your father re-partnered and has two children who are your half-siblings. You are a single man with no dependents.
46 It is evident from a review of your personal history and circumstances as set out in Ms Cidoni's report that you struggled both academically and behaviourally at school. You were expelled from a number of high schools and it appears you left school early.
47 You were born in Melbourne and lived in Coburg. Following your parents' separation, you initially with your mother and brothers in Glenroy. You stayed with her until you were 11 and then you went into the care of your father and you continued living with him up until the time of your remand.
48 Your father is a painter by occupation and you have worked for him since you were very young. You have also worked as a contractor for a period of six months last year.
49 You were enrolled at the Broadmeadows TAFE to undertake an IT course, but left only after a few months. You then attended RMIT TAFE, where you undertook a year of an applied maintenance course, but left halfway through, that course, stating that you were under too much pressure.
50 You applied for but you were rejected by the army in 2010 because you did not pass the academic requirements.
51 Generally, your health is good. However, you have been diagnosed with asthma whilst in prison and you have to use Ventolin as required.
52 Since your arrest, you have been held on remand and your time in prison has been difficult. You are currently at the Metropolitan Remand Centre. You have been the subject of some abuse whilst in prison because of your Lebanese background and the fact that you are Catholic. You have been targeted due to your religious beliefs by others of Lebanese background.
53 You have a longstanding history of drug abuse. You commenced using cannabis at age 15 and you were using up to a gram a day until your remand. You used MDMA in your teens. You commenced using methamphetamines at age 17 or 18 and that continued until your arrest. You have also used cocaine from about age 22 and GHB. You used GHB until recently and on one occasion two years ago, you had to have hospitalisation because of an overdose from GHB.
54 Ms Cidoni conducted some psychological testing and her assessment is you have a full scale IQ of 72 which she says is borderline. That is, falling at the third percentile. She considered that you are a person who does indicate a distinct manic trait, antisocial traits and mild psychosis that is most likely to be drug-induced. She assessed your anxiety levels to be high and stated that is likely to be exacerbated by being in prison for the first time and being unable to rely on drug substances to cope.
55 She noted that you are having difficulty in prison and considered you at risk of further emotional and behavioural deterioration with risk of further abuse.
56 Mr Farrington, on your behalf, did not submit that the effects of the drug use was relied on to moderate responsibility for this offending. He highlighted to the court that this is the longest period of total abstinence that you have had from drugs since you were aged 15. You have been target tested whilst in custody and the majority of tests have shown negative urine screens. One screen taken on 28 November 2016 which showed positive for methamphetamine, but you have been negative in test results since.
57 Mr Farrington confirmed following your remand you have had time to reflect on your behaviour and that you now have insight into the impact of your behaviour on others and the impact of drugs upon you generally.
58 He submitted that as far as your involvement in this matter is concerned, you are a person who was susceptible in that you are easily led. He submitted that because you were under the influence of drugs you were therefore influenced to take up the opportunity to make some money because you had some debts from gambling and drug use. That is the context to this offending - that you wanted to make quick money. He confirmed that you played a significant role in the offending but stated that you had nothing to do with the organisation of the offending and described you as a “mere foot soldier”.
59 As I have stated earlier, I am satisfied that you were not the instigator of this operation but nonetheless, you have played an active and significant role in the execution of this very serious offending and you will be sentenced on that basis. I have however had regard to the findings of Ms Cidoni and understand the context as described and I accept it but that in no way excuses your behaviour.
60 In terms of rehabilitation, Mr Farrington referred to your plea of guilty entered at an early stage. Negotiations were successful in resolving this matter and the matter proceeded by way of straight hand-up brief without any witnesses being cross-examined at committal. You will therefore be given full discount for your plea of guilty. There is real utility in your plea. You spared the victims, especially the victim of the carjacking, the inconvenience and trauma of having to give evidence on your trial and you saved the State the cost and inconvenience of conducting a trial. You have facilitated justice and your sentence will be discounted accordingly. Your plea of guilty in my view does represent an acceptance of responsibility and is demonstrative of some remorse.
61 Rehabilitation. In terms of your rehabilitation, I have had regard to the numerous letters that were provided to the court from your aunts and cousins, all of whom attest to you demonstrating a different side to your personality than is evidenced and reflected by this criminal behaviour.
62 Your parents, your brothers all remain supportive of you. You have the opportunity to continue to live at your father's residence upon your release, and he is able to provide you with work in the future, undertaking commercial painting. He described you as being a diligent, talented and competent painter.
63 In terms of your drug use and rehabilitation, you now properly understand the link between your offending behaviour and ingesting drugs. You have expressed a desire to remain abstinent and you no longer with to use drugs into the future.
64 Having regard to your efforts to date, I consider that you have been successful in beginning to come to terms with addressing your underlying drug addiction. I have had regard to the results of the urine drug screen test results and the fact that you have completed some courses in custody. I consider that your behaviour is indicative of genuine remorse on your behalf and provides some evidence of your rehabilitation prospects.
65 I consider that you now do have genuine insight into the impact of drug use upon both you and your family and the community generally and the victims. I have had regard to the letter you wrote to the court. You, in no way, seek to excuse yourself for the way in which you acted, and you expressed your remorse. You also feel so low that you wish you could give everything back.
66 You apologise to those who were on the road when you were driving irresponsibly. You acknowledge that you could have hurt and killed or seriously hurt somebody and you state you are truly sorry for what you have done. You say that you have now come to your senses and you wish to have a drug-free, crime-free lifestyle in the future.
67 Overall, I am optimistically guarded about your prospects for rehabilitation. Ultimately, your rehabilitation will be dependent upon you maintaining your expressed commitment to total abstinence in the future and being able to resist falling back into drug taking habits upon your eventual release.
68 Nonetheless, your current behaviour does reflect some optimism of your prospects for rehabilitation going forward. You are still a relatively young man and your rehabilitation is very important for both your own future and also ultimately for the protection of the community.
69 In sentencing you, I must have regard to the circumstances of the offending, the gravity of your offending and the personal factors put in mitigation. I must impose just punishment.
70 I must also have regard to the principles of totality. I must evaluate the overall criminality involved in all the offending with which you are charged, and must adjust the length of the sentence to achieve an appropriate relativity between the totality of the criminality from the totality of the sentence. I must ensure that the aggregation of the sentences is appropriate for each offence and is a just and appropriate measure for the totality of the criminality involved.[1]
[1]Postiglione v R [1997] HCA 26.
71 Overall, I have taken into account that you were an active and willing participant who undertook a significant role in the execution of the commission of these serious offences. It was lawless behaviour in the extreme and as you have expressed, it potentially exposed members of the community to the real risk of harm. On behalf of the community, I must formally denounce your conduct.
72 I have had regard to current sentencing practices and I have further had regard to the gravity of your offending to your personal circumstances. Weighing all the considerations I must take into account, I am of the view that the appropriate sentence is a term of imprisonment with a non-parole period of the length I am about to impose. The non-parole period is shorter than it would have otherwise been because of your real efforts towards and prospects of rehabilitation.
73 Could you please now stand, Mr Jeitany?
74 Charge 1 is the theft. The sentence is 18 months' imprisonment.
75 Charge 2 – attempted burglary, two years’ imprisonment.
76 Charge 3 – burglary, three years and six months’ imprisonment.
77 Charge 4 – theft, one year six months’ imprisonment.
78 Charge 5 – burglary, three years six months’ imprisonment.
79 Charge 6 – attempted theft, one year imprisonment.
80 Charge 7 – armed robbery, four years’ imprisonment.
81 Charge 8 – conduct endangering persons, two years’ imprisonment.
82 Charge 9 – dangerous negligent driving whilst pursued by police, one year imprisonment.
83 Charge 10 – possess drug of dependence, one month imprisonment.
84 The summary charge – commit indictable offence whilst on bail, two months; and state false name to police, convicted and fined $250.
85 The base sentence is the armed robbery charge, Charge 7. That is four years. I make the following orders for cumulation. Three months on Charge 1, six months on Charge 2, one year on Charge 3, six months on Charge 5, six months on Charge 8, six months on Charge 9, one month on the summary charge, are ordered to be cumulative upon each other and upon the sentence I have imposed on Charge 7. That makes a total effective sentence of seven years and four months' imprisonment. I fix a non-parole period of four years and six months.
86 I declare 338 days be reckoned as a period of imprisonment already served under this sentence pursuant to s.18 of the Sentencing Act 1991.
87 Upon conviction, pursuant to Charge 8, is it not? Yes. Charge 8?
88 MR McWILLIAMS: Charge 9 in relation to the - - -
89 HER HONOUR: Charge 9. All right.
90 MR McWILLIAMS: - - - driving.
91 HER HONOUR: Upon conviction for Charge 9, pursuant to s.89(3)(a) of the Sentencing Act 1991, any licence held by you is to be cancelled and you are disqualified from holding a licence for a period of three years. I think that completes the orders apart from the declaration - - -
92 MR McWILLIAMS: 6AAA.
93
HER HONOUR: - - - s.6AAA. I declare but for your plea of guilty, I would have imposed a term of imprisonment of nine years and four months with six years, six moths non-parole period. All right. I think that covers everything. Is everyone clear? Yes? All right. So that completes that sentence and
Mr Jeitany may be taken back into custody.
- - -
| Charge on Indictment | Offence | Maximum | Sentence | Cumulation |
| 1 | Theft (Mercedes) | 10 Y | 18 M | + 3 M |
| 2 | Att. Burglary (TSG Gladstone Park) | 5 Y | 2 Y | + 6 M |
| 3 | Burglary (TSG Broadmeadows) | 10 Y | 3 Y 6 M | +1 Y |
| 4 | Theft (Cigarettes $18,401.62) | 10 Y | 1 Y 6 M | |
| 5 | Burglary (Roxburgh Park) | 10 Y | 3 Y 6 M | +6 M |
| 6 | Att. Theft | 5 Y | ||
| 7 | Armed Robbery (carjacking) | 25 Y | 4 Y | Base Sentence |
| 8 | Conduct endangering persons | 5 Y | 2Y | +6 M |
| 9 | Dangerous/Negligent driving whilst pursued by police | 3 Y | 1 Y | +6 M |
| 10 | Possess drug of dependence (methylamphetamine) | 1 Y | 3 M | |
| 20 (S/C) | Commit indictable offence whilst on bail | 3 M | 2 M | +1 M |
| 21 (S/C) | State false name to police | 5 P/Units | Convict & Fine $250 | |
| Total Effective Sentence | 7 years and 4 months’ imprisonment | |||
| Non-Parole Period | 5 years | |||
| Pre-Sentence Detention | 338 days (excluding date of sentence) | |||
| Other Orders | Upon conviction for theft of motor vehicle, pursuant to s. 89(4) of the Sentencing Act 1991, any licence held by you is to be cancelled and you are disqualified from holding a licence for 3 years. | |||
| Noted | The non-parole period is shorter than it would otherwise have been because of Michael Jeitany’s efforts towards and/or prospects of rehabilitation. | |||
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