Director of Public Prosecutions v Kacanas

[2017] VCC 1773

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01394

DIRECTOR OF PUBLIC PROSECUTIONS

v

ADRIAN KACANAS

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	9 November 2017
DATE OF SENTENCE:	28 November 2017
CASE MAY BE CITED AS:	DPP v Kacanas
MEDIUM NEUTRAL CITATION:	[2017] VCC 1773

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:  Sentence – Pleas of guilty – Armed robbery – Commit indictable offence while on bail – Procure motor vehicle by fraud – Lack of prior criminal offending – History of drug abuse

Sentence:Convicted and sentenced to 45 days’ imprisonment in combination with a Community Corrections Order (CCO) – CCO duration 3 years with additional conditions of supervision, unpaid community work of 200 hours, 50 hours of which is to be offset in respect of rehabilitation and treatment – Assessment and treatment for drug and alcohol abuse and mental health issues – Judicial monitoring condition – Pre-sentence detention 45 days’ imprisonment declared as having already been served – Forensic Sample Order – s.6AAA Sentencing Act 1991 declaration

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Harrold	Solicitor for Public Prosecutions
For the Accused	Mr J. Fitzgerald	VLA

HER HONOUR: 

1Adrian Kacanas, you have pleaded guilty to one charge of armed robbery and to two summary charges, being committing an indictable offence while on bail and procuring a motor vehicle by fraud.

2Armed robbery has a maximum penalty of 25 years' imprisonment which reflects the seriousness with which Parliament regards this offence.

3Committing an indictable offence while on bail has a maximum penalty of
30 penalty units or three months' imprisonment and procuring a motor vehicle by fraud has a maximum penalty of two months' imprisonment.

4I will attach the summary of prosecution opening to these sentencing remarks as they are the complete basis upon which I sentence you.  However, briefly, on Sunday 15 April this year at 12.47 pm, you went to a Vodafone store in Chapel Street, South Yarra, taking a backpack with you.

5Over the course of about two hours, you remonstrated with various employees at the store, as well as the store manager via a phone call, over your demand to obtain an iPhone7; first, you said that you wished to upgrade from your current phone as part of a pre-existing contract, but after this was refused due to your poor credit history, you attempted to acquire such a phone by jotting down your credit card details.

6This was not acceptable either, but you would not take "no", for an answer, and at times, you paced around the store, and engaged various employees and the manager, in your quest to acquire a new phone which was said to be worth $1,400.00.

7At about 2.30 pm, after speaking to the store manager once again, you handed the store phone to an employee, Mr Singh, who was seated behind the counter.  As he spoke to the manager, you grabbed the EFTPOS machine and started to press various buttons, then handed it back to Mr Singh.  You then reached over the counter again and grabbed two Stanley knives.  With one of these, you pushed the blade out and said to Mr Singh "Are you going to give me a phone or not?".

8You then put this knife back on the desk and took the second knife over to a display phone and cut the security cord in order to steal it.  You then threw the second knife on the counter, grabbed your backpack and apparently calmly left the store.  This gives rise to Charge 1, armed robbery.

9You then hailed a taxi nearby, telling the driver to drive as fast as he could and to do a U-turn.  You directed him to Southern Cross station, via a number of back streets and changed your clothes along the way so as to avoid detection.  You told the driver to wait for you and refused his request to pay him for the fare thus far.  You left the cab and, contrary to your indication to him, you never returned to the taxi to pay. This gives rise to Summary Charge 6.

10At the time that you committed the offences for which I now sentence you, you were on bail in respect of a consolidation of matters, which gives rise to Charge 5, committing an indictable offence while on bail.

11You were readily identified by police as you had given your details to the Vodafone store for the credit check conducted earlier that day.  You were subsequently arrested and the stolen phone was found in your possession.

12You gave a record of interview, making full admissions to the offending.  Amongst other things, you said that you were homeless and had no money and had not slept for two days - that you were finding it difficult to quote you "to fit the days together".

13You said that earlier on the day that you had offended, you had been in contact with police and had told them that you felt you had no option but to commit offences in order to survive.  You said that the police had advised you to contact the Salvation Army, but you had changed your mind about doing this and did not go.

14You said that you had started a mobile phone plan with Vodafone three weeks before, but the phone was not working, and you had visited numerous Vodafone stores in a bid to address the problem.  You said that you had raised the problem with the "TIO", the Telecommunications Ombudsman but knew that he/she would take time to investigate the matter.  In this regard, I note that there was no evidence that you had complained about or produced a phone to the people at the store where you committed the armed robbery.

15You also said that you visited the Chapel Street store in order to obtain a phone that worked and thought that you could upgrade your plan and obtain a new phone by giving staff your credit card details.  However, you said that you were told that this could not be done within the first three months of a plan and that you could not buy a phone outright by giving your credit card details.

16You said that you thought Mr Singh was rude and that you were annoyed that you had to sit in the store for two hours.  You said that you took the phone because you "got the shits" that you had been in the store for so long.

17You said that you did not think that Mr Singh or a female employee, Ms Quintos, would try to stop you as they were both small and you were six foot two inches  tall and intimidating.  You thought that neither of these people would be able to restrain you if they tried to do so.

18You said that you changed your clothes continuously to avoid being detected in CCTV footage and that you knew that what you did was wrong but felt that you had no choice as you were homeless and needed to take matters into your own hands.

19Mr Kacanas, your offending is serious and is deserving of a punishment which is just in all of the circumstances.  Also your conduct must be denounced.  You behaved in a most frightening fashion in the middle of the day, in a store where people were entitled to feel safe and go about their business.

20When I viewed the security footage, it is apparent that there were several people in the store at the time that you committed the armed robbery, and this must have been most frightening for all concerned; but in particular, for Mr Singh, whom you confronted with the knife.

21Your behaviour was brazen, and quite deliberative, in circumstances where you had apparently turned your mind to the ability of the staff to try to stop you, knowing that your stature was greater than theirs and that you were intimidating.  Further, you apparently had changes of clothes with you and changed these in a bid to avoid detection.  Therefore, while it is not said that your offending was premeditated before entering the store, there was a degree of calculation in what you did, once you had decided to commit the armed robbery.

22It was made very clear to you by the staff and the store manager that you were not going to be able to acquire a new phone, but you chose to make your presence felt in the shop for two hours, refusing to take "No" for an answer, and at times, expressing your anger to staff.  It was not the staff at the store who kept you there, but your own determination to take a phone, no matter what.

23Clearly, you did not have the means to pay for this; nor did you have the means to pay for a taxi, but this did not stop you from getting what you wanted.  
You had the option of seeking assistance from the Salvation Army earlier in the day but you chose not to do this, preferring to commit criminal offences.

24In assessing the seriousness of the armed robbery, I have had regard to the fact that the threat with the knife was of a fleeting nature, and that it is not said that you went into the store with the intent of committing an armed robbery.  
The weapon was taken from the counter at the store in a fairly spontaneous fashion, although it seems that you had previously sized up your chances of being stopped if you stole the phone, and you were prepared to "lord it over" staff members over the course of two hours, culminating in the offending.

25You were 28 when you committed the offences and you are still 28. You have no prior convictions, despite having endured a fairly harsh background.  However, you were on bail at the time, as you had committed some offences involving your former girlfriend (stalking and misusing a carriage service) and had also threatened to kill your father.  The commission dates for these offences was May 2016 as I understand it.

26You had been placed on a deferred sentence in respect of these matters, and the return date for these was the Monday after the plea hearing in the Magistrates’ Court.  Therefore, you committed further offences at a time when you were subject to a bail undertaking which is concerning.  However, since the offending for which I now sentence you, you have not committed any further offences, and it is also to your credit that you have no criminal history, which is relevant to your prospects of rehabilitation.

27Following your arrest for the matters before me, you spent 45 days on remand before being released on bail on 29 May this year.  You found gaol to be a most salutary experience, and have resolved to do all that you can to avoid returning there.

28I allow for a significant discount in the sentence that you would otherwise receive because of your early plea of guilty.  In taking this course, you have saved the witnesses the time and trauma of giving evidence and you have saved the community the time and expense of contested proceedings. 

29I take into account your background which is set out in detail in the written submissions provided by your Counsel.

30Your parents separated when you were six years old and you and your younger sister lived with your mother for several years after this.  Your mother physically abused you and would tie you up.  When you were about ten, you disclosed the abuse to your father who then obtained custody of you.  Your sister came to live with both of you a few years after this.

31You went to secondary school until Year 10, then attended TAFE classes at Swinburne but you were unable to complete Year 11.  You were not a good student and would miss days at school.

32Life with your father was somewhat better than it had been with your mother but you were still subjected to beatings.

33After leaving school, you started to use cannabis occasionally.  You have a fairly solid work history, having engaged in a number of different jobs, including a sales representative for Vodafone in Sydney.

34When you were 17 years old, you were thrown out of home by your father as you clashed with his new partner.  You then lived on the streets for a time, interspersed with some nights being spent in hostels.

35You eventually found accommodation in Dandenong and formed a relationship with a young woman with whom you moved to Sydney for a time.  
After the break-down of your relationship with this person, you commenced a relationship with a woman called Heather, who also worked at Vodafone, and in July 2008, you had a son, Maximus.  You separated during Heather’s pregnancy but reunited after Max was born.  In 2012, your relationship with Heather finally ended.  You continued to see your child from time to time, depending on how well you and Heather were getting on.

36You then met a woman, Ms Thompson, and moved to Melbourne with her in early 2016, as her job with Etihad required her to move here.  Her parents bought her an apartment in South Yarra, and while she was away on business, you and your father, a cabinet maker, did renovations on the property.  
Fairly soon after Ms Thompson returned from overseas, she ended the relationship.  You reacted badly and commenced heavily abusing cocaine and alcohol, although, you had first used cocaine in 2014.

37It was after the breakdown of this relationship that you committed the offences which are the subject of the Magistrates’ Court proceedings to which I have previously referred.

38You moved to Sydney in mid-2016, and continued to heavily use cocaine.  
You found some construction work, and resumed seeing your son, Max, occasionally.  While in Sydney, you sought counselling with a psychologist,
Ms Perdikaris, which was of some benefit to you.  In about September last year, you ceased cocaine use but this led to heightened levels of depression and anxiety.  You were homeless for a time in Sydney but found accommodation in a boarding house.

39You travelled to and from Sydney, in a bid to deal with the Magistrates’ Court proceedings.  Ms Gwynn, as she then was, deferred sentence in January 2017 on the basis that you attend counselling, and drug and alcohol treatment.  
You decided to move to Melbourne and you returned to cocaine use.

40In April 2017 you were admitted to hospital in Sydney as you apparently suffered a drug induced psychosis.

41After your release from custody, you again experienced periods of homelessness but you have now found accommodation at a hostel in Collingwood where you have been helping with some demolition work for which you have been receiving payment.

42I was told that over the past few months you have been suffering from blackouts which doctors have attributed to your past cocaine use.  You have abstained from cocaine since your release from gaol, except for one use about two months ago.  It is not clear as to whether you were affected or withdrawing from cocaine use at the time that you committed the offences for which I now sentence you.  In either case, this is not a matter in mitigation, but part of the context of your offending.

43In sentencing you, I have taken into account the report provided by ACSO, which indicates that you have engaged rather well with that service from 25 July to 26 October this year as part of the CISP program.  You have shown insight into your drug problem and have learned strategies to help deal with this.  
I have also taken into account the report of Ms Perdikaris dated 24 March this year, which was apparently prepared for the Magistrates' Court hearing, although I must say I am not sure how this can be as it post-dates the hearing date in January.  In any event, I take into account its contents as to your psychological state at a time which is fairly proximate to the time of the matters before me.

44I understand that you would like to return to Sydney as soon as you can as this is where your main friendship group is, and you have your son, Max, with whom you wish to reconnect.  Your rehabilitation will be enhanced by positive influences, but any friends who are still indulging in the drug scene are not going to help you in your quest to turn your life around.  Do you understand?

45ACCUSED:  Yes, Your Honour.

46HER HONOUR:  In all of the circumstances, especially the fact that you have a lack of criminal history, your salutary experience of gaol, and your good work ethic as well as present stable accommodation, I find that you have good prospects of rehabilitation and that I need only place minimal weight on specific deterrence.  Your ability to remain crime free in the future will largely depend on your ability to abstain from drugs and to maintain the positive course in life that you have commenced to embark upon.  No doubt, you are keen to be a good father to your son, Max, as you can appreciate the importance of having loving and supportive parents - something that was somewhat lacking in your own case.

47I must attach strong weight to general deterrence in a bid to deter others from offending as you have.

48However, I accept that your Counsel’s submission which is also accepted by the Crown that a sentence involving time served and a suitably crafted CCO is warranted in your case.

49Would you please stand up?  You are convicted of each of the offences.

50I make an order for a forensic sample to be taken from you by way of a buccal swab of saliva from the mouth.  I make the order because of the seriousness of the offending, because the order is not opposed and because it is in the public interest to make the order.  I warn you that if you do not co-operate in this procedure, then the authorised officer or officers can use reasonable force to ensure your compliance.

51I impose the following sentence;

52Charge 1, which is the only charge on the indictment, 45 days’ imprisonment in combination with a community corrections order in the terms that I will set out in a moment.

53The summary charges, I impose a gaol term of 15 days in respect of each of these charges, which are to be served wholly concurrently with each other and with the gaol term imposed in respect of Charge 1 on the indictment.

54Now I am going to now explain the conditions of the community corrections order that I propose, as I cannot place you on such an order without your consent.

55The community corrections order which is part of the sentence for Charge 1 on the indictment will run for a period of three years and will involve the following conditions:

56First of all, the mandatory terms that apply to all Community Correction Orders, which are:

57(1), You must not commit another offence for which you could be imprisoned during the time that the order is in force;

58(2), You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;

59(3), You must report to, and receive visits from, the Secretary to the Department of Justice (or his or her delegate);

60(4), You must report to the Neighbourhood Justice Centre, Collingwood Corrections Centre, before 4 pm within two clear working days of today;

61(5), You must let a community corrections officer know within two clear working days of you changing your address or job;

62(6), You must not leave Victoria without first obtaining permission to do so from the Secretary to the Department of Justice (or his/her delegate);

63(7), You must obey all lawful instructions from and directions of the Secretary to the Department of Justice (or his/her delegate).

64The conditions that apply in addition to the mandatory ones are as follows:

65You must undergo 200 hours unpaid community work within the next two years.  You may offset up to 50 hours of this condition by undergoing the equivalent period in respect of treatment and rehabilitation for mental health or substance abuse which is undertaken by you pursuant to this order.

66You must be under the supervision of a Community Corrections Officer for a period of three years.

67You must undergo assessment and treatment including testing for drug and alcohol abuse or dependency as directed by the Regional Manager.

68You must undergo mental health assessment and treatment including, but not limited to, mental health,  psychological, neuropsychological and psychiatric treatment in a hospital or residential facility, if necessary, as directed by the Regional Manager.

69You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager - in particular, I strongly recommend to the Regional Manager that you undergo an anger management course.

70You must attend at this Court to be monitored by me when required to do so.  Ahead of each appointment I will receive a report from Community Corrections in respect of your progress and will discuss this with you.

71Your first judicial monitoring appointment will be Tuesday 20 February at
9.45 am.

72Do you consent to the terms and conditions of the order?

73OFFENDER:  Yes, I do, Your Honour.

74HER HONOUR:  I should tell you that if you do not comply with all of the requirements of this community corrections order, then you will face breach proceedings before me.  You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charge - in which case you may well be sentenced to a period of imprisonment.

75I would regard a breach of the community corrections order as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.

76Do you understand this?  

77OFFENDER:  Yes, I do.

78HER HONOUR:  All right.  Do you still consent to the making of the order.

79OFFENDER:  I do, Your Honour.

80HER HONOUR:  Therefore in relation to Charge 1 on the indictment, you are sentenced to the community corrections order that I have just set out in combination with the gaol term of 45 days’ imprisonment, which has already been served.

81In that regard, I make it clear that I declare that you have already served 45 days' imprisonment in respect to the sentence that I have imposed.

82If not for your pleas of guilty to all of the offences before me, I would have sentenced you to a total effective sentence of three years and four months' imprisonment with a non-parole period of two years and three months’ imprisonment.

‑ ‑ ‑

Prosecution of Adrian Sebastian KACANAS

SUMMARY OF PROSECUTION OPENING

1.The accused in this matter is Adrian KACANAS (DOB: 19.01.1989). At the time of the offending he was 28 years old and homeless.

OFFENDING

2.On Sunday, 15 April 2017 at 12.47pm the accused attended at the Vodafone store located at 365 Chapel Street, South Yarra, carrying a backpack.

3.The accused approached store attendant Tushar SINGH and told him that he wanted a phone. He told SINGH that he was already on a 12 month contract but wanted to upgrade his phone to an iPhone 7 on a 24 month contract.[1]

[1] Statement of Riya QUINTOS, p24; Statement of Tushar SINGH, p17.

4.SINGH told the accused that he would need to conduct a credit check to sign him up to a plan and obtained the accused’s details to look him up on the store computer. Once the check was completed, SINGH informed the accused that as he had a bad credit history, he could not sign him up to the plan as requested. This made the accused angry and he demanded to speak to SINGH’s manager.[2]

[2] Statement of Tushar SINGH, p17.

5.SINGH told the accused that his only option was to buy a phone outright, and that his manager would tell the accused the same thing. SINGH advised him that the iPhone 7 cost approximately $1,400.

6.The accused wrote down his credit card number and expiry date on a piece of paper and told SINGH to give him the phone. SINGH told him that he needed the actual card to buy the phone. The accused became angrier and demanded again to speak to SINGH’s manager.[3]

[3] Ibid.

7.At 1.14pm SINGH facilitated a call between the accused and his manager, which lasted for approximately 45 minutes. Once the phone call ended, SINGH told the accused again that he could only purchase the phone with cash or a credit card.

8.From 2.03pm – 2.16pm the accused paced around the store, speaking to SINGH intermittently and touching items behind the counter. He also left the store and returned three times during this period.

9.At 2.16pm the accused then asked another store attendant Riya QUINTOS if she would help him, as SINGH wasn’t being helpful. QUINTOS told him that SINGH was more senior than her. The accused asked if he could see the phone that he was going to purchase (iPhone 7), but was told by QUINTOS that he would have to pay for it first as it was company policy not to hand over the product until payment occurred. He asked if he could see the box instead. QUINTOS showed him the box and read out some details about the phone from it.

10.The accused then handed QUINTOS his credit card details on a piece of paper to purchase the phone, however, QUINTOS told him that the actual credit card would be needed. He stated that his wallet had been stolen and asked if he could speak to the manager. QUINTOS gave him the manager’s number, who the accused then called again using the store phone. The accused spoke briefly before handing the phone to QUINTOS. QUINTOS explained the situation to her manager who agreed with her view (that an actual card would be needed). She thus handed the phone back to the accused and began serving another customer while the accused was on the phone.

11.At 2.29pm the accused gave the store phone to SINGH, who was seated behind the counter. As SINGH spoke on the phone, the accused leaned over the counter, grabbed the store Eftpos machine and pushed a number of buttons on it before handing it back to SINGH.

12.The accused then reached over the counter again and grabbed two Stanley knives from the desk. He held one in his right hand, pushed the blade out, pointed it at SINGH, and asked “are you going to give me a phone or not?”.[4]

[4] ROI Q151-152, 161; Statement of Tushar SINGH, p18.

13.The accused put the first knife back down on the desk, walked over to the display phones in the centre of the store and picked up an Apple iPhone 7 from the display counter. Using the second Stanley knife, he cut the security cord securing it to the display area and took the phone, throwing the second Stanley knife down on the display counter after he was finished. He then grabbed his backpack and calmly walked out of the store with the phone.[5] SINGH immediately called police. (Charge 1 – Armed robbery)

[5] Statement of Tushar SINGH, p18-19; Statement of Riya QUINTOS, p26; Exhibit 1, CCTV security footage from Vodafone Chapel Street; ROI Q85, 171.

14.The accused walked across the street and got into a nearby Taxi, telling the driver Hassan NOOR to drive as fast as he could and perform a u-turn.[6] The accused was pursued outside by QUINTOS who photographed him sitting in the taxi before NOOR drove away. [7]

[6] Statement of Hassan NOOR, p32;

[7] Statement of Riya QUINTOS, p27; Exhibit 2, Photographs taken by Riya QUINTOS, p49.

15.The accused directed NOOR to drive towards Spencer Street station in the city and directed him to take a number of back streets to avoid detection by police.[8] While in the taxi the accused started using the stolen iPhone 7, and changed his clothing to disguise himself.

[8] ROI Q88-95.

16.Upon arrival at Spencer Street station, the accused asked NOOR to wait for him. NOOR told the accused that he needed to pay the fare before leaving and the accused replied “You should wait for me or I am going”. The accused then exited the taxi without paying the $20 fare, and left.[9] (Summary charge 6 – Procure use of motor vehicle by fraud)

[9] Statement of Hassan NOOR, p32-33; ROI Q98-102.

17.At the time of the offending the accused was on bail, having been bailed from the Melbourne Magistrates Court on 16 January 2017. He was next due to appear before the court on 21 April 2017. (Summary charge 5 – Commit an indictable offence on bail).

ARREST & INVESTIGATION

18.Police attended at the Vodafone store shortly after the accused left the scene and were able to quickly identify him using the details he had provided SINGH earlier in the day for the credit check. A “whereabouts” file was thus placed on the Victoria Police LEAP system requesting that he be detained for questioning over the armed robbery should any other officers come into contact with the accused.

19.At 10.23pm that same day, Protective Services Officers issued the accused with an Infringement Notice for riding a push bike on the Clayton Railway station platform. As they were speaking to him, the officers conducted a name check of the LEAP system and discovered the active “whereabouts” file for the accused.

20.The accused was then arrested and transported to the Malvern Police Station. The stolen Apple iPhone 7 was located amongst the accused’s property at the station.

21.The accused made full admissions to the offending during his recorded interview on 16 April 2017 with police. He stated:

a.    He was currently homeless with nowhere to stay and no money. He had not slept in two days and was finding it difficult to “fit the days together”. (Q33, 125-128)

b.    Earlier on the day of the offending the accused had been in contact with police, during which he told them that he felt he had no choice but to commit crimes so that he could make some money and survive. Police had directed him to the Salvation Army which he intended to go to, but he then changed his mind. (Q33, 245-247).

c.    He had started a mobile phone plan with Vodafone three weeks ago but the phone was not working, and so he had visited numerous Vodafone stores to try and rectify the issue. He had also raised the issue with the “TIO” but knew the TIO would take some time to investigate.[10] (Q33, 48-58)

[10] The accused does not advise investigators what “TIO” means. He may be referring to the Telecommunications Industry Ombudsman.

d.    He visited Chapel Street Vodafone store intending to obtain a working phone. He thought that by providing his credit card details to the staff, Vodafone could upgrade his plan and give him a new phone. However, he was told that the plan could not be upgraded within the first three months of sign up. He then offered to buy the phone outright using his credit card details but was told this couldn’t be done. (Q33, 68-72)

e.    He felt that SINGH was rude, and was annoyed that he was made to sit in the store on hold for two hours. He took the phone because he “got the shits” that he had been in the store for so long. (Q84-85; 132-133)

f.   He didn’t think that SINGH or QUINTOS would stop him from taking the phone because they were both small whereas he is 6 foot 2 inches tall and intimidating. He also felt that neither SINGH nor QUINTOS would have been able to restrain him if they had tried. (Q162-172)

g.    He continuously changed clothes to avoid CCTV footage. (Q174-175).

h.    He knew that what he did was wrong but felt like he had no choice because he was homeless and needed to take matters into his own hands. (Q236-237)

MAXIMUM PENALTIES

22.Armed robbery: Level 2 imprisonment (25 years) pursuant to s75A(2) of the Crimes Act 1958.

23.Procure a motor vehicle by fraud: 10 penalty units or 2 months imprisonment pursuant to s69 of the Road Safety Act 1986.

24.Committing an indictable offence on bail: 30 penalty units or 3 months imprisonment pursuant to s30B Bail Act 1977.

PRE-SENTENCE DETENTION

25.The accused was remanded in custody from 16 April 2017 until he was granted bail on 29 May 2017. Accordingly, there are 44 days of pre-sentence detention to declare.

ANCILLARY ORDERS

26.The prosecution seeks a forensic sample order pursuant to s464ZF Crimes Act 1958.

CUMULATION PROVISIONS

27. The presumption of concurrency does not apply to a term of imprisonment imposed on any person for an offence committed while released on bail pursuant to s16(1A)(e) Sentencing Act 1991.
28. Accordingly, any term of imprisonment imposed on the accused for charge 1 must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term, per s16(3C) Sentencing Act 1991.

MISCELLANEOUS

29. Section 6AAA of the Sentencing Act 1991 is applicable where a custodial sentence or a Community Corrections Order of 2 years or more is imposed.