Director of Public Prosecutions v Kerr
[2023] VCC 1620
•8 September 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-02636
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JARRYD KERR |
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JUDGE: | HER HONOUR JUDGE MARICH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 August 2023 | |
DATE OF SENTENCE: | 8 September 2023 | |
CASE MAY BE CITED AS: | DPP v Kerr | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1620 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Serious sexual offender – standard sentence-rape by compelling sexual penetration- rape- category 1 offences
Legislation Cited: Sentencing Act 1991(Vic)
Cases Cited:Brown v R [2019] VSCA 286; Director of Public Prosecutions (DPP) v Drake [2019] VSCA 293.
Sentence: Total effective sentence of eight years and six months imprisonment; non parole period of five years and six months to be served before parole eligibility; 870 days of presentence detention declared as served; 6AAA declaration- ten years and three months imprisonment with an order for parole eligibility.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Dr J. Harkess | Solicitor for Office of Public Prosecutions |
| For the Accused | Mr M. Page | Greg Thomas Barrister and Solicitor |
HER HONOUR:
Introduction
1Jarryd Kerr, you have pleaded guilty to an indictment containing the following charges:
· three charges of common assault, each of which carries a maximum penalty of five years' imprisonment or 600 penalty units;
· one charge of criminal damage which carries a maximum penalty of 10 years' imprisonment;
· three charges of sexual assault, each of which carries a maximum penalty of 10 years' imprisonment;
· one charge of rape and one charge of rape by compelling sexual penetration, each of which carries a maximum penalty of 25 years' imprisonment;
· one charge of attempted armed robbery, which carries a maximum penalty of 20 years' imprisonment; and
· two charges of resist emergency worker on duty, each of which carries a maximum penalty of five years' imprisonment or 600 penalty units.
2You agreed to a number of related summary offences being uplifted into the hearing of your plea in mitigation of penalty, and you have pleaded guilty to each of these charges, namely: one charge of breach conduct condition of bail, which carries a maximum penalty of 30 penalty units or three months' imprisonment; one charge of threat to distribute an intimate image, which carries a maximum penalty of one year imprisonment; one charge of fail to answer bail, which carries a maximum penalty of two years' imprisonment or 240 penalty units; one charge of trespass, which carries a maximum penalty of 25 penalty units or imprisonment for six months; and one charge of commit indictable offence whilst on bail, which carries a maximum penalty of 30 penalty units or three months' imprisonment.
3The circumstances in which you came to commit those offences are contained in the Amended Summary of Prosecution Opening for Plea dated 29 June 2023, which I received and marked as Exhibit A at your plea hearing, and which was also read aloud by the learned prosecutor. I also received prosecution outline of sentencing submissions on plea dated 16 August 2023 (Exhibit B), and a video of part of your offending (Exhibit C), which I have viewed. Since the conclusion of the plea in mitigation of penalty, I have received the victim impact statement of the complainant dated 1 September 2023, Exhibit D.
4In addition to the matters developed in oral argument, your counsel relied on outline of defence submissions for plea in mitigation (Exhibit 1) and a bundle of character references (Exhibit 2). Since the conclusion of the hearing, I have received your curriculum vitae, Exhibit 3; a look book of your designs, Exhibit 4; and details of your success in the New Zealand Fashion Awards, Exhibit 5.
5I have taken into account all tendered material, as well as the matters referred to and developed in oral argument.
Circumstances of your offending
6At the time of your offending, you were 29 years of age. The victim of your offending was 37 years of age.
7The two of you met in 2019, while you were visiting Melbourne from New Zealand. During this period, you stayed with the complainant for approximately a month. You describe the relationship at that time as you being good friends, and you also engaged in sexual activity several times in 2019, and consumed illicit drugs together. You returned to New Zealand in December 2019.
8
You then returned to Australia in 2021, and as a result of the pandemic, you became stranded here. On 20 February 2021, I understand that you contacted
the complainant and it was arranged that you would live with him at his flat. In the months that followed, the two of you engaged in consensual sexual relations on occasions, and you also used drugs together.
9On 18 March 2021, at approximately 2 am, the complainant went to the basement level carpark of his block of flats with you. I understand that some of your property was stored in the storage area at that location. Whilst you were in the storage area, you demanded that he locate your jumper, and when he told you that he could not find it, you punched him in the stomach. This is the offending referable to your Charge 1, of common assault.
10
The two of you then returned to the complainant's flat. The two of you got into an argument, and the complainant asked you whether you would be gone in the morning. You replied by saying, 'shut the fuck up', and you dragged him along the carpet, put your hands around his neck and constricted his breathing. This is the offending referable to your Charge 2, of common assault. He sent messages to a friend, at approximately 2 am on 18 March 2021, complaining about your assault upon him. He also sent text messages to another friend at approximately 4.45 am on the same morning, complaining about the assault.
That friend later attended the address and witnessed you threatening to assault the complainant.
11On 19 March 2021, at approximately 4.30 pm, you tailgated other residents of the block of flats in which the complainant resided and gained entry into the block. You knocked on the door of the flat next to the complainant’s flat. The occupant of that flat, answered and you said that you had locked your keys inside the complainant’s flat and asked whether you could access the flat via the neighbour's balcony. The neighbour believed you and let you do so. You and the complainant then had a verbal argument, and he refused to allow you to enter the flat. This is the offending referable to your Summary Charge 38, of trespass. You then picked up boxes of Lego, which were on the balcony, and threw them onto the road, damaging the boxes. This is the offending referable to your Charge 3, of criminal damage.
12The complainant made a complaint about this incident to neighbours, and telephoned Triple 0 during the incident. Police members attended the scene but did not speak to you. CCTV records you entering the apartment building at 4.22 pm, and exiting at 5.10 pm.
13On 27 March 2021, you were at the complainant’s address, and he fell asleep on the couch whilst watching a film.
14Whilst he was asleep, you masturbated his penis, which is the offending referable to your Charge 4, of sexual assault; performed oral sex on him, which is the offending referable to your Charge 5, of rape by compelling sexual penetration; and touched his genital area, which is the offending referable to your Charge 6, of sexual assault. These offences were recorded on a Google Nest device which was located in the complainant’s flat.
15On 29 March 2021, you tied up the complainant with bandages and lay on him whilst you were naked. This is the uncharged evidence relied on by the prosecution as context to your charged offending.
16On 4 April 2021, at approximately 3.35 to 3.50 am, the complainant was asleep on the couch. You picked up a plunger and filled it with a clear liquid, and then inserted the plunger into the complainant's anus and administered the liquid. You left the plunger in his anus for approximately two minutes. This is the offending referable to your Charge 7, of rape. You then touched the complainant’s genital area before he flinched, and you retreated to a black bean bag. This is the offending referable to your Charge 8, of sexual assault. The offences were recorded on the Google Nest device.
17The complainant telephoned his friend, at approximately 12 pm on 4 April 2021, and he arrived at the complainant's flat at 12.20 pm. The complainant complained about the incident where he had been bound by you to his friend.
18On 8 April 2021, the complainant and you were arguing about you leaving the address and the complainant returning $100 that you had paid to him for rent. He telephoned the police, and you demanded that he hang up the phone and said, 'give me the fucking money'. You returned to the couch and sat down. The two of you continued to argue about whether you were going to continue to live at the flat. You stood up and walked towards the middle of the room where a Stanley knife was on the floor. The complainant lunged for the knife, picked it up and retracted the blade. You went to the kitchen, retrieved a 30 centimetre long kitchen knife, pointed it at the complainant’s chest at close range, and demanded that he give you the money. This is the offending referable to your Charge 9, of attempted armed robbery.
19After returning the knife to the kitchen, the two of you continued to argue. Police called the complainant. He lied and said that you were no longer there and that he felt safe. After you had argued for some time, the complainant bowed his head to protect himself as you motioned towards him, and you reached your arms around his neck from behind and held the back of his neck and head to his chest. He screamed for you to stop. This is part of the conduct referable to your Charge 10, a rolled‑up charge of common assault. You then wrestled him to the ground in this position and bit him on his left shoulder, and you slightly relinquished your hold on him and bit his right shoulder. You then left the flat. This incident was also recorded on the Google Nest device, and was overheard by three neighbours. You made a call to Triple 0 during the incident, and police members attended the scene and took photographs, including of the complainant's injuries.
20At approximately 6.45 to 8 am on 9 April 2021, you were naked and the complainant was unconscious. You tied his forearms together with a bandage. This is an uncharged act, relied on as context to your charged offending. At 9.43am, The complainant’s friend contacted Triple 0 to request a welfare check on the complainant, and police members attended his flat. Ambulance paramedics also attended at 11 am that day. The complainant had little memory of the previous hours, and was transported to the Royal Melbourne Hospital.
21You were arrested and transported to Boroondara Police Station for interview. At 7.35 pm on 9 April 2021, the complainant underwent a forensic examination performed by a forensic practitioner employed at the Victorian Institute of Forensic Medicine, where a faint abrasion was observed on his left shoulder. Forensic samples were taken from him and were handed to investigating police.
22On 9 April 2021, following your arrest for the offences I have described, you were released on bail at 8 pm, with conditions including that you not commit acts of family violence against the complainant, and that you not contact him. At 9.30 pm, you texted him via Signal in contravention of those bail conditions. This is the offending referable to your Summary Charge 8, of contravene bail conditions. You sent via Signal nude photos of the complainant and told him that he should get you out of as much trouble as possible or you would distribute the images via dating apps to all his friends and family. These Signal conversations were photographed by investigating police. This is the offending referable to your Summary Charge 10, of threat to distribute intimate image.
23On 15 April 2021, you failed to appear at Court in answer to your bail, which is the offending referable to your Summary Charge 12, of fail to answer bail.
24On 21 April 2021, police attended at the complainant’s flat and located the two of you inside. You became combative and resisted arrest, and initially overpowered them, but one used a takedown manoeuvre and then deployed OC spray on you. At the time you appeared drug-affected and were screaming profanities. This is the offending referable to your Charges 11 and 12, of resist emergency worker on duty, and the offences were committed in contravention of your bail undertaking, which is the offence referable to your Summary Charge 44, of commit indictable offences whilst on bail.
25On 9 April 2021, you were interviewed by investigating police in relation to the incident committed on 8 April 2021, i.e., your attempted armed robbery and the rolled-up charge of common assault. You denied committing the attempted armed robbery but admitted brandishing a knife in response to the complainant pointing an object at you and asking you to leave the flat. You declined to be interviewed about other charged offences.
Effect on the victim
26As I have mentioned, I have received a victim impact statement from the complainant, and he speaks eloquently of the effect of your conduct upon him. He told me of his confusion and horror when he discovered what had occurred to him in your sexual assaults upon him, which occurred while he was affected by drugs. You have caused him significant fear and trauma. He has lost his confidence, his employment, the joy and momentum that he had enjoyed in his life, and his love for life. Understandably, he feels broken and exhausted.
Plea of guilty and timing, remorse
27You were initially charged with this offending on 22 April 2021, and were remanded into custody. The matter proceeded through a committal hearing in the Magistrates' Court, with witnesses cross-examined, including the complainant, and you were committed to stand trial in this Court. I understand that resolution discussions commenced approximately six months after the initiation of the matter in this Court, in or around June 2022, and in November 2022, with discussions having stalled, the matter was listed for pre-trial and trial to commence in May 2023. On 17 April 2023, you made an offer to resolve the case in terms that were accepted by the prosecution, and which led to the plea indictment before me. This is a late plea of guilty, however I understand it to have been entered in the context of continuing resolution discussions which resulted in the withdrawal of a number of serious charges. Whilst you did not spare the complainant from being cross-examined at committal, your plea of guilty before me has saved the witnesses the stress and inconvenience of giving evidence before an empanelled jury, and it has saved the Court and the community the time and expense of a trial. This is of special significance in the current era, where the effects of the COVID-19 pandemic continue to linger upon the listing of trials. I mitigate sentence on this basis, and I accept that your pleas are indicative of an understanding of your wrongdoing, and an expression of some remorse which you have also made to your referees. I also take your contrition into account in mitigation of penalty.
Personal circumstances
28As I have mentioned, you were 29 at the time of your offending, and are now thirty‑one. You were born in New Plymouth, New Zealand, to separated parents. You found out about your father's circumstances when you were about three years old, learning that he had moved to Melbourne to teach, eventually reaching a senior position. You visited your father once or twice a year, which became less frequent when you were a teenager. You describe your relationship with your father as cordial.
29Your mother completed a teaching degree and worked her way up to a senior teaching appointment, and the two of you moved to Tauranga when you were five years old. She married when you were six or seven, and your relationship with your stepfather was volatile as he suffered from mental health issues. You have three half-sisters, who are now twenty-three, eighteen and thirteen.
30You attended primary and secondary schooling in New Zealand, and were eventually asked to leave your high school in Wellington for selling cannabis. You have used cannabis consistently since your teenage years, but have withdrawn from its use whilst on remand.
31I understand that you were diagnosed with attention deficit hyperactivity disorder at the age of twelve, and were treated with Ritalin until the age of 27, when you ceased taking the medication due to a loss of effectiveness in the context of polysubstance abuse.
32You entered into a relationship when you were thirteen, with a man who was nineteen years older than you, and you have told your counsel that you have blank spots from this relationship and believe that you may have been abused by this man during your relationship.
33Your family accept your same sex attraction, but you suffered some bullying at school due to this.
34I have mentioned your regular use of cannabis, and at about the age of 15, you started drinking which continued, at times to excess, until you stopped drinking at the age of 26. From the age of 18, you were a regular and consistent user of GHB, which continued until you were remanded.
35After you concluded school, you were accepted into a course at a Polytechnic which gave you accelerated entry into Auckland University. At university, you studied audio engineering for two years, and you commenced your third year, but you were employed as an intern with 'George FM' and you eventually moved into working on outside broadcasts.
36You developed an interest in fashion and started a degree in fashion design in Auckland, which you completed in 2016. You were employed by footwear designer, Catherine Wilson, starting as an intern before moving to logistics. Whilst in this position, you also worked at Andrew McDonald Shoes, doing an apprenticeship as a shoemaker. I have seen your curriculum vitae and look book, and it is clear that you are a deeply talented designer. At the end of 2016, you won a New Zealand leather design award and you travelled to China to oversee the production of your designs. A busy period in your career followed, until 2018 when you moved to New York and worked for Acne Studios as a visual merchandiser. Your work occurred against a backdrop of consistent drug use, and a party lifestyle.
37I am sorry to say that whilst you were in New York you were raped and contracted HIV, and you became aware of your diagnosis in April 2018. You are on medication which controls your viral load. Your GHB use escalated markedly around this event.
38In mid-2019, you returned to New Zealand, and in 2020 you moved to Melbourne after being employed at Mitchell Laminates as a CAD designer. You then met the complainant at a party.
39You have a very limited prior criminal history from New Zealand, involving two convictions when you were aged 18 for drink/driving offences, for which you were fined and sentenced to community work, and one conviction from the age of 20 for the offence of common assault.
40I have had the benefit of a number of character references from people who speak very highly of you. Your father describes you as a kind and gentle man, who is nurturing and loyal to your family. Your father considers that you were involved in a downward spiral following the highly traumatic event that fostered your use of drugs to excess, and led you to make decisions that are profoundly out of character. He considers that your behaviour is inconsistent with your qualities when you are clear-headed, and he considers that you have propensity for growth.
41Your mother also told me of what she considers to be your admirable qualities, including that you are inherently kind and caring, and always willing to lend a helping hand to those in need. She also describes you as being a loyal friend and family member, a dedicated learner, a talented designer, a man capable of unwavering loyalty. She continues to love and support you on your road to recovery. Other family members also speak highly of your personal qualities. It is clear that once you are eventually released from custody, you will return to the loving embrace of your family, albeit that this will be in New Zealand rather than in Australia.
42I was informed by your counsel that as a man with little family in Australia, you have limited visits from friends and family, and the time that you spent in custody is more onerous and isolated as a result. As you are not an Australian citizen, I am told that you cannot get to a minimum security prison, and that any friends that you make in custody move on whilst you are in status. I take your custodial condition of relative isolation into account in mitigation of sentence.
Objective seriousness of offending; moral culpability
43I accept without hesitation the prosecution submissions with respect to the objective gravity of your offending. Your offending in respect of Charges 1 to 10 was committed against a single victim, occurring in his own home where he was entitled to feel safe at all times. You had been invited to stay at that address as a guest.
44I consider your offending to be diverse and protracted, occurring over a period of some weeks between 18 March 2021, and 9 April 2021. It was cruel, controlling and degrading. You exhibited violence and threats towards your victim, you damaged his property, and you raped and sexually assaulted him in a variety of ways that were degrading, and objectified him while he was deeply vulnerable, including whilst he was profoundly drug affected. Against the backdrop of this threatening, violent, and sexually degrading behaviour, you threatened him in relation to property. I accept the prosecution contention that your behaviour showed a callous disregard of his bodily integrity, feelings, welfare and his fundamental entitlement to feel safe in his own home. It has had a significant and profound effect on the complainant.
45After you were arrested and released on bail, your undertaking of bail served as no deterrent to you, and your desire to manipulate and control the complainant continued via your threat to distribute an intimate image of him, motivated as it appears to be by your interest in influencing the course of justice. You committed other bail offences, and then resisted two emergency workers who were simply performing their obligations and duties. You were out of control.
46I accept and take into account that your offending occurred against the backdrop of significant and excessive drug use, motivated as it appears to have been, at least in part, by the trauma that you continue to process in relation to your own rape and your recalibration following your diagnosis as HIV positive. You have a limited prior criminal history, and when you are not consuming drugs to excess, you are a person of great talent, a loving and supportive family member, with enormous potential. As I have mentioned, I mitigate sentence on the basis of my evaluation of your character, and I consider this protracted and prolonged period of degradation towards the complainant to be generally out of your character and attributable to your excessive use of drugs. However, this is the man that you become when you consume drugs to excess, and I need you to recognise and understand that I must assess your moral culpability on the basis of your exhibited behaviour during this period. Your culpability is high, notwithstanding that the period of behaviour appears to be out of character for you.
Purposes of sentencing, sentencing submissions and relevant sentencing principles
47In cases of this nature, the need for general deterrence is high. In other words, I am required to send a message to the community generally to deter others from engaging in this type of behaviour. I must give significant emphasis to this objective of sentencing, as well as to the need to denounce your behaviour and punish you for your offending.
48I must also specifically deter you from other similar offending, and given the linkage between your use of recreational drugs and this unusual and serious behaviour, the underlying issue is to deter you from that temptation, which you now appreciate leads you to engage in criminal activity such as that which you have admitted which hurts and shames others. I consider rehabilitation to be a significant and prominent purpose of sentencing, to allow for and incentivise a future that minimises your chances of returning to this destructive pathway. You have abstained from drugs whilst in custody, and if you are able to abstain upon release, you have good prospects for rehabilitation, given your relative paucity of criminal history, your family support, and your real skill and promise in the field of design.
49Your offences of rape by compelling sexual penetration, and rape are Category 1 offences under the Sentencing Act 1991 (Vic), and terms of imprisonment must be imposed upon you unless one of the statutory exceptions can be established, none of which are relevant to this exercise.
50The standard sentencing regime applies in your case to the offence of rape, and the standard sentence for this offence is 10 years' imprisonment.
51The standard sentence for an offence is the sentence that, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness. In considering the impact of standard sentencing in your case, I have considered the decisions, inter alia, of Brown v R,[1] and Director of Public Prosecutions (DPP) v Drake.[2] In particular, when sentencing for a standard sentence offence, I must take the standard sentence into account as one of the factors relevant to sentencing. This requirement, therefore, is to be treated as a legislative guidepost, having the same function as the maximum penalty. It does not allow the standard sentence to be viewed as a starting point. It does not affect the established 'instinctive synthesis' approach to sentencing, nor does it require or permit 'two‑stage sentencing' and does not otherwise affect the matters which I may or must take into account in sentencing.
[1][2019] VSCA 286
[2][2019] VSCA 293
52Pursuant to s5A(2)(b) of the Sentencing Act, having regard to current sentencing standards in relation to the standard sentence offences, I can only pay regard to sentences previously imposed where rape was the subject of a standard sentencing scheme. I am of course familiar with those sentencing standards.
53After careful reflection I will indicate that, while I agree with the prosecution contention as to the characterisation of the seriousness of this example of that offence, the sentence that I am about to impose in respect of Charge 7 is less than the standard sentence. I have also had regard to the application of s11A of the Sentencing Act relating to the calculation of a minimum period before parole eligibility.
54As I have mentioned, your plea of guilty was entered at a time when the court system in Victoria was experiencing significant impediments as a result of the unfortunate effects of the COVID-19 pandemic. There was a significant utilitarian benefit in you entering a plea of guilty to the preceding charges.[3]
[3]Worboyes v R [2020] VSCA 169
55It was appropriately conceded by your counsel that I am confined to a sentence involving a head sentence and minimum period before parole eligibility. I have been acutely mindful of the totality principle of sentencing in structuring my sentence including in respect of orders for cumulation.
56I note that each of your charges 4, sexual assault, 5, rape by compelling sexual penetration, 6, sexual assault, 7, rape, and 8, sexual assault, are relevant sexual offences, and you fall to be sentenced as a serious sexual offender once convicted and sentenced to imprisonment on two charges, which I take to be the first two in time, i.e. 4 and 5. As I intend to convict you and impose sentences of imprisonment upon you on each of these charges, you fall to be sentenced as a serious sexual offender on your charges 6, sexual assault, 7, rape, and 8, sexual assault, and I will make that declaration in my order on your sentences of imprisonment of each of those charges. I therefore regard protection of the community from you as the principal purpose of imposing sentencing on each of those charges, but I do not intend to impose disproportionate sentences.
Sentence
57You are convicted and sentenced as follows:
· On Charge 1, of common assault, you are convicted and sentenced to one month imprisonment.
· On Charge 2, of common assault, you are convicted and sentenced to two months' imprisonment, to be served concurrently.
· On Charge 3, of damaging property, you are convicted and sentenced to two months' imprisonment, to be served concurrently.
· On Charge 4, of sexual assault, you are convicted and sentenced to 12 months' imprisonment, six months of which is to be to be served cumulatively upon the base and upon other sentences.
· On Charge 5, of rape by compelling sexual penetration, you are convicted and sentenced to four years' and six months' imprisonment, 12 months of which is to be served cumulatively upon the base and upon other sentences.
· On Charge 6, of sexual assault, you are convicted and sentenced to 12 months' imprisonment, to be to be served concurrently.
· On Charge 7, of rape, you are convicted and sentenced to six years' imprisonment. This is the base sentence.
· On Charge 8, of sexual assault, you are convicted and sentenced to 12 months' imprisonment, to be to be served concurrently.
· On Charge 9, of attempted armed robbery, you are convicted and sentenced to two years' imprisonment, nine months of which is to be served cumulatively upon the base and upon other sentences.
· On Charge 10, of common assault, you are convicted and sentenced to six months' imprisonment, to be served concurrently.
· On Charges 11 and 12, of resisting emergency workers on duty, you are convicted and sentenced to an aggregate of nine months' imprisonment, to be served concurrently.
· On the related summary offences of 8, breach conduct condition of bail, 12, fail to answer bail, and 14, commit indictable offence whilst on bail, you are convicted and sentenced to an aggregate of three months' imprisonment, which I order be served concurrently, given that I have taken your status on bail into account in aggravation of offences committed whilst on bail.
· On related summary offence 10, of threat to distribute intimate image, you are convicted and sentenced to six months' imprisonment, three months of which is to be served cumulatively upon the base and upon other sentences.
· On related summary offence 38, of trespass, you are convicted and sentenced to one month imprisonment, to be served concurrently.
58This results in a total effective sentence of eight years and six months' imprisonment, and I order a minimum of five years and six months be served before parole eligibility.
59I reckon 870 days pre-sentence detention as served.
60Were it not for your pleas of guilty in this case, had the matter proceeded to jury trial but resulted in verdicts of guilty on all charges, pursuant to s 6AAA of the Sentencing Act 1991 (Vic) I would have passed a sentence of ten years and three months' imprisonment with an order for parole eligibility.
61I will make the forfeiture order as requested.
62HER HONOUR: Are there any other orders to make?
63DR HARKESS: No, Your Honour.
64HER HONOUR: The unrevised reasons will be distributed upon transcription which usually happens within only a day or two. Thank you. We will adjourn.
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