Director of Public Prosecutions v Kirby
[2020] VCC 1196
•6 August 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 20-00534
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSHUA KIRBY |
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JUDGE: | HIS HONOUR JUDGE CARMODY |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 2 July 2020 |
DATE OF SENTENCE: | 6 August 2020 |
CASE MAY BE CITED AS: | DPP v Kirby |
MEDIUM NEUTRAL CITATION: | [2020] VCC 1196 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Carjacking – Possess Drug of Dependence – Unlawful Assault – Theft of Motor Vehicle – Unlicenced Driving – Drive in a Manner Dangerous.
Legislation Cited: Criminal Procedure Act 2009; s.145.
Sentence:Total effective sentence of three years' and five months' imprisonment with a non-parole period of two years' imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. Brown | Ms. Abbey Hogan Solicitor for Public Prosecution |
For the Accused | Ms S. Lacy | Dribbin & Brown Barristers and Solicitors |
HIS HONOUR:
1Joshua Kirby, on 2 July 2020, you pleaded guilty to the following charges on indictment K13092938:
Charge 1, carjacking - the victim in that case was Amy Rintoul. This charge has a maximum penalty of 15 years' imprisonment.
Charge 2, is carjacking - the victim in that case was Daniel Ruffle. This charge also has a maximum penalty of 15 years' imprisonment; and
Charge 3, which was possession of a drug of dependence, in this case, methylamphetamine. The quantity was a small quantity, and the maximum penalty is one year imprisonment.
2Pursuant to s.145 of the Criminal Procedure Act, a total of six related summary charges were transferred to this court to be heard. You consented to the following related summary charges being heard and pleaded guilty to each one of those charges:
Summary Charge 4, was a charge of failing to exchange names and address after an accident, this charged has a maximum penalty of five penalty units.
Charge 6, an unlawful assault - Andrew O'Houle - this charge has a maximum penalty of three months' imprisonment.
Charge 9, was an unlawful assault - Daniel Ruffle - this charge has a maximum penalty of three months' imprisonment.
Charge 10, unlawful assault of Catherine Ruffle, this charge has a maximum penalty of three months' imprisonment.
Charge 11, is unlicensed driving, which is a rolled-up charge, this charge has a maximum penalty of one month imprisonment;
Charge 19, is drive in a manner dangerous, this charge has a maximum penalty of two years' imprisonment.
3The prosecution withdrew the remaining charges, number two, three, five, six, eight, 12, 13, 14, 16, 17, 18 and 20.
4You have been in custody since 30 November 2019. The pre-sentence detention, as at this date, on my calculation, is 250 days. And I would ask counsel to check that I have got that right.
Circumstances of your offending
5The prosecution tendered a summary of prosecution opening for plea dated 18 June 2020; this was Exhibit “A” on the plea.
6In the course of the day before your offending commenced on 29 November 2019, police received a number of reports from your relatives, including your sister, Joan Singh, that you were drug affected and acting in an erratic and paranoid manner. Your offending occurs over a total of four separate instances.
Incident One
7The first incident was during the evening of 29 November 2019, Amy Rintoul drove her silver Toyota RAV4, registered number THA 047, to the Southland Shopping Centre and parked her car in the car park. After doing her shopping and returning to her car at approximately 10.40 pm, she was putting her shopping on the back seat of her car when you approached her and said, 'Excuse me'.
8You have then told Ms Rintoul to give her keys to you and she started screaming and pleading with you not to take her car. You then placed your hand inside your jacket and placed it on your chest, whilst gesturing to Ms Rintoul and drawing attention to your concealed hand. You again demanded for her keys. Ms Rintoul assumed you had a weapon and backed away from you.
9Ms Rintoul ended up on the ground and was not sure if she was pushed or she fell onto the ground herself. Whilst on the ground, you have taken the keys from her and, in the process of taking her keys you had scratched her hand.
10You then struggled to open the door with the key and asked Ms Rintoul how to open the door. She showed you how to open the door, and you got into the driver's seat and drove off quickly towards Nepean Highway. After you left
Ms Rintoul, she called 000. The incident was captured at a distance on CCTV.Incident Two
11The second incident happened approximately at 11.20 pm on that same day, that is 29 November 2019. Lorrain D’Cruz was stationary at a red light at the intersection of Dandenong and Warragul Road in Oakleigh. While she was waiting for the lights to turn green for her, you have collided into the rear of her car in Ms Rintoul’s stolen RAV4.
12After the collision, Ms D’Cruz approached the driver's window of the RAV4, and you told her to pull over into Warragul Road and you would exchange details with her. You then drove off quickly and turned into Warragul Road but did not stop to exchange details. Ms D’Cruz then noted down the registration number and drove to the Oakleigh police station to report the accident. That is the summary charge of failing to exchange names after an accident.
Incident Three
13The third incident and this relates to Summary Charge 6, at 12.20 am or thereabouts on 30 November 2019, Andrew Ohuli pulled into a 7-Eleven store at South Gippsland Highway in Cranbourne North to buy some petrol. He parked his car beside a pump and was bending down inside his car to press the button to release a petrol cap. You have then opened the driver's door and started swearing at him. Andrew Ohuli asked you what you wanted, and you told him that you wanted a drink. Mr Ohuli told you that he did not have a drink.
14As Mr Ohuli got out of his car, he pushed your hand off his car and told you not to touch his car. You have then punched Mr Ohuli to the face and Mr Ohuli has punched you back and told you that if you touched his car, he would call the police.
15You have then returned to the stolen RAV4 that you had parked nearby. You retrieved a backpack and five small boxes from the RAV4 and threw them towards Andrew Ohuli, before driving off along Gippsland Highway.
Mr Ohuli suffered a minor injury as a result of the assault.Incident Four
16Incident four is the second charge of carjacking on the indictment and, the summary charges of unlawful assault to both Daniel Ruffle and, as she is now known, Catherine Ruffle, and unlicensed driving.
17At about 12.25 am on 30 November 2019, Catherine Bradshaw, (as she was then known) was driving her husband's blue Subaru WRX sedan along Courtenay Avenue in Cranbourne North. Her husband, Daniel Ruffle, was in the front passenger seat. They had been returning home from a night out.
18As Ms Bradshaw approached the intersection of Courtenay Avenue and South Gippsland Highway, she had to stop to give way to traffic on the highway. When Ms Bradshaw was stationary at the intersection, she saw a car that appeared to be driving straight toward her at a speed of 30 to 40 kph. The car, which was a stolen RAV4 and being driven by you, collided into the driver's side quarter panel of her car.
19You have immediately got out of the RAV4 and approached the front of Ms Bradshaw's car and punched the windscreen on the driver's side, causing it to shatter. You were yelling and swearing and moved quickly to the driver's door. You opened the driver's door and grabbed Ms Bradshaw with both of your hands and tried to drag her out of the car. She leant back and tried to fight you off.
20You were yelling at both of the occupants of the car to get out of the car. You then went to the driver's rear door and tried to hit Daniel Ruffle, who was seated in the front passenger seat. You could not reach him. Daniel Ruffle could hear you saying, 'I'm going to kill you'. You then moved back to the front driver's door and continued to attempt to drag Ms Bradshaw out of the car. You were not able to get her out of the car until you grabbed hold of her by the hair and dragged her onto the ground.
21Daniel Ruffle then got out of the car to help his wife and called 000. You got into the Subaru WRX and drove off at a speed down South Gippsland Highway, leaving the stolen RAV4 at the intersection. Police attended at the scene, and when they searched the RAV4, they located a meat cleaver between the driver's seat and the centre console of the car.
22You drove from Cranbourne North towards Ferntree Gully in the stolen WRX. You were observed by police at approximately 1.30 am, driving at an excessive speed and erratically along the Burwood Highway. Police followed the vehicle but could not catch up to you. They relayed their observations to police command.
23Constable Ferguson was on patrol at Yarra Ranges with Sergeant Bullock that morning when they were advised of the blue Subaru being driven erratically around Mount Dandenong Tourist Road. At approximately 1.40 am, they were stationed at the intersection of Mount Dandenong Tourist Road and Ridge Road, when they heard a car approaching from behind them.
24You drove past their police car, on the wrong side of the road and at a fast rate of speed. Police attempted to follow you in the Subaru, but lost sight of it at the first bend. This is the summary charges of driving in a manner dangerous and unlicensed driving.
25At 2.15 am, you crashed the Subaru into a power pole on Inverness Road in Mount Evelyn, near the home of Jana and Rhys Ryan. The noise of a crash awoke Ms Ryan and the dogs started barking. Ms Ryan went to the front door and, through the glass door, she could see you standing on her front porch. You appeared distressed and you were holding your arm, so Ms Ryan called her husband to the front door.
26Mr Ryan asked you what you wanted, and you told him that the cops were after you and that you wanted to hide in the garage. Rhys Ryan led you away from the house to protect his wife and children. He agreed to drive you to York On Lilydale to get you away from the house. Jana Ryan called 000 to report the matter to police.
27As Rhys Ryan drove into York On Lilydale car park, with you in the car, police intercepted his car with you in it and arrested you. You were taken to Lilydale police station, where it was apparent that you required medical attention. An ambulance was called, and you were transported to Maroondah Hospital, where you became erratic and aggressive to police, which resulted in you being sedated and restrained.
28At the Maroondah Hospital, your clothing was seized, and police found a small amount of methylamphetamine in a Ziploc bag, which was located in your clothing. That is Charge 3 on the indictment, possession of a drug of dependence.
29At 11.30 am on 30 November 2019, you were discharged from the Maroondah Hospital and taken to the Ringwood police station to be interviewed. At the police station, it became apparent that you were not fit to be interviewed at that time, and so you were charged and taken to the Melbourne Magistrates' Court.
Victim Impact Statements
30In this case, there were a total of four victim impact statements tendered as evidence in the case. The victims, Amy Rintoul, which was Exhibit “B”, and Andrew Ohuli, which was Exhibit “C”, did not have their statements read in open court. I have read both of those victim impact statements.
31Ms Rintoul set out how your offending has caused her a significant amount of trauma and creating fear for her when going about her normal activities, like going to the morning gym sessions or dance classes in the evening or putting out her rubbish bin at night. Ms Rintoul has difficulty sleeping. Ms Rintoul had to purchase a replacement vehicle because of your driving and the collision that made her RAV4 a write-off. She has replaced the locks on the house.
32Mr Ohuli in his statement set out how he had suffered minor physical injuries from your assault. He states how he is in fear now when he goes to a petrol station because he is not sure of what might happen to him. He is more fearful of social situations and is regulating his life to avoid further incidents.
33The victim impact statement of Catherine Ruffle, who has been referred to as Ms Bradshaw in the prosecution summary, (Exhibit “D”), and was read into the court record. It was a four page document setting out the full impact of the offending upon her. In summary, you have made Mrs Ruffle very fearful and apprehensive of many and varied potentially threatening situations.
34Unknown to her and her husband, she was in the early stages of her first pregnancy when you pulled her out of the car by her hair. Fortunately, Ms Ruffle reports that her medical advice is that her, at that time, yet to be born child was in good health and the birth was imminent.
35Ms Ruffle set out how her driving patterns have changed, and she is more vigilant when away from her home. She set out that at the time of your offending, they were left without a car due to your writing it off when you collided into the pole. The financial consequences to her were significant.
36Finally, Daniel Ruffle, whose victim impact statement was Exhibit “E”, was also read into the record of the court. It was a two page document setting out his fear for his wife's well-being during the incident and the loss of his favourite Subaru WRX, which gave him great pride and joy to drive around. Mr Ruffle also set out the impact of your offending on his wife and himself in respect of the initial fear they experienced once they realised Ms Ruffle was pregnant when you had attacked her.
37Your offending has had a significant adverse effect on each of your victims. I take the impact of your offending on each of the victims when fixing your sentence for this offending.
Personal Circumstances
38At the time of your offending, you were 27 years old. You turned 28 years old on 6 July 2020. You offended six months after your release from serving a three year term of imprisonment. You have been in prison for five years out of the last six years of your life.
39You have a substantial criminal history, dating back to May 2011. Your past crimes are violence to other persons, damage to other person's property and drug use. Your current offending is the same. In total, you have 10 previous court appearances, you have had penalty dispositions of probation - that was in the Children's Court - without conviction adjournments, suspended terms of imprisonment, fines, community correction orders and imprisonment.
40Prior to the present offending, your most recent and significant matter was an armed robbery, where you were sentenced to three years' imprisonment, with a non-parole period of 21 months. You served every day of that three year sentence and were released from prison on 16 May 2019, without any parole or any other supervision or rehabilitative controls on you.
41Your crime-free period only lasted until 29 November 2019, a period of some six months, when you committed the present offences. You have been on remand for these matters for 250 days.
42You are an Aboriginal man of the Wemba-Wemba and Watta-Watta people. Your home area is around Swan Hill in Victoria. You are the second youngest of five children in your family. You have a 10-year-old son, who is in the care of your parents in Swan Hill. Your siblings work and live in the community. Your father works for the Mallee District Aboriginal Services in and around Swan Hill and along the Murray River.
43Your sister, Joan, gave evidence on your behalf in the course of this plea. You clearly have strong family support from her and your parents. Your parents are caring for your son as their own son at the moment. You are not welcome back at Swan Hill until you clean up your addiction problem, was the message your sister was giving me. Your sister gave evidence that when you are not drug affected, you are a kind, thoughtful and knowledgeable man. She says you are proud of your Aboriginal culture. She gave evidence of your gifted art skills and showed images of your paintings to the court. They were Exhibit “2” on the plea. You have had paintings displayed in Torch Gallery and had sold some of your artwork through that gallery. You are a talented painter and engage in that activity whilst you are in custody.
44You left school at Year 7. You have attained basic literacy and numeracy. Whilst in custody, you have completed certificates in agriculture and other vocational and personal development courses. Before your first period of incarceration at the age of 20, you had worked as a farm labourer, fruit picking, planting and pruning fruit trees.
45Whilst in custody, you have always obtained work in the prisons as a billet or some other kind of work. At present, you are engaged as a buggy driver for the laundry at the prison. In times when you are not in custody, you have also worked in Swan Hill at the abattoirs and at a pallet making job as well. When not on the drug 'merry-go-round', you are a worker.
46You were assessed by David Ball, forensic psychologist, on two separate occasions for the purpose of this proceeding. His report dated 19 June 2020, was Exhibit “3” on the plea. Mr Ball, noted that you were prescribed Zoloft, 20 milligrams, for depression and were on 60 grams of methadone whilst you were in custody.
47In his assessment, you did not exhibit any frank mental illness, such as psychotic symptoms, hallucinations or delusions. He assessed your IQ to fall in the dull normal range. He described you as a socially isolated individual, living on the fringes of the community, with a history of substance abuse.
Mr Ball was not able to find any evidence to support a diagnosis of bipolar affective disorder or schizophrenia that you had reported to him.48He took a history of you being sexually abused when you were around eight years of age. You were in a relationship at 15 years old, and your first child, Harmony, was still-born. You have a son from the same relationship, who is now 10 years old; that is the person that lives with your parents.
49Mr Ball diagnosed you as follows:
(1) Satisfying the diagnostic criteria for antisocial personality disorder and;(2) Satisfying the diagnostic criteria for severe opiate and stimulant abuse disorder.
50Your sister said your drug of choice was methylamphetamine, and that methadone was not going to help you with drug addiction. When you were released from custody in May 2019, you were prescribed methadone at that time.
51For your rehabilitation in respect of drug addiction, to have any chance of success, you need to reduce your methadone intake to nil prior to your release from custody so you have time to build up a resilience to undertake rehabilitation under supervision upon your release from custody.
Sentencing Considerations
52The basic purpose for which a court may impose a sentence of just punishment, deterrence, both specific and general, rehabilitation, denunciation of your actions and protection of the community.
53In sentencing you, I must have regard to a range of factors, such as the seriousness of your offending, your culpability for it and your personal circumstances. I also am required to balance the interest of the community. In denouncing your criminal conduct with the interest of the community in seeking to ensure as far as possible that you as an offender are rehabilitated and reintegrated into society.
54I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is directed particularly but not exhaustively to the kinds of sentences imposed in comparable cases and the statistics for those sentences at the time.
55I have considered the statistics and the current sentencing practices. I am mindful that each case must be considered in light of its own particular circumstances and many of the cases would be distinguishable from your case, as indeed they are from one another.
56The provisions of the Sentencing Act exclude any combination of imprisonment and the community corrections order unless the offender, that is you, can establish on the balance of probabilities the matters that are set out in s.5(2H) of the Sentencing Act. Ms Lacy, on your behalf, conceded that those matters could not be established. The only lawful sentence in your case is a term of imprisonment with a non-parole period.
57You have pleaded guilty to these charges. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and resolution of the substantive issues raised by your offending. Your plea allows for the preservation of the court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community.
58Your plea is also a clear acknowledgment by you that you accept responsibility for your criminal behaviour in these occasions. Your plea also recognises you are willing to facilitate the course of justice in the community, and I accept that your plea of guilty to these charges indicates and demonstrates remorse on your behalf. Further, your plea in the circumstances of the COVID-19 pandemic is further evidence of your remorse and your acceptance of the responsibility for this offending.
59You have an extensive criminal history, as outlined in your personal circumstances. Specific deterrence is a proper sentencing consideration in your case because of your criminal history. You had only been at liberty from your pervious incarceration for a period of six months.
60The offending in this case is very serious. The gravity of the offending is marked by the following factors:
(a), your victims were randomly sourced by you, as each of your individual offences were spontaneous;
(b), the whole of your offending was a series of rolling events, where you went from one victim to another;
(c), you presented yourself to each of your victims in a violent and frightening manner;
(d), the injuries to each of your victims were minor, relative to the potential for far more serious injuries to occur as a result of your personal violence and driving;
(e), your individual offences were over short period of time. Whilst you committed many offences, the period of time in which your total offending occurred was compressed into a relatively short period, which on my calculation was about four hours;
(f), each of your victims were unknown to you and were going about their normal lives in an innocent manner when your violence exploded into their presence;
(g), your victims have each lost a peace of mind, their peace of mind to go about their lives without being fearful of unknown risks of violence to them; and
(h), you have engaged in wanton destruction of property belonging to other people.
61In addition, I take into account the impact of the lockdown restrictions that you have been imposed to as a result of the COVID-19 pandemic, and that have been applicable to you and indeed to the other prisoners in Victoria. As a result of those restrictions, you have not had the opportunity to have contact visits with any one of your family members or any person.
62The COVID-19 restrictions have an additional factor limiting the time that you might have or might be able to spend out of your cell on each day. I was advised that you have had periods of 21 hours a day in your cell during this time of your remand.
63Further COVID-19 restrictions have also meant that you have had very limited opportunity to participate in courses for rehabilitation. Those circumstances, together with your ongoing drug problems, have meant that your time in custody have been and will continue to be more onerous than otherwise for prisoners in normal times. I note that you now have a job as a buggy driver for the prisoner laundry.
64Your counsel properly conceded there are no Verdins considerations in your sentencing process. The submission made on your behalf was your risk of institutionalisation. In your plea hearing, you stated from your video conferencing room, where you are now, 'I don't want to get used to being in here'. I accept you understand the risk of constantly returning to custody after release from a previous term of imprisonment.
65Your custody history is, at age 20, you have had seven weeks on remand. You then had 16 months liberty. From the ages of 21 to 23, you had 16 months' imprisonment, serving three separate sentences. You were at liberty for approximately six months and then incarcerated for three years and one month. You were refused parole in that sentence, four months before that sentence expired.
66You were at liberty again for six months before these offences occurred. The pattern is clear that the periods of time at liberty between sentences is getting shorter and the length of the sentences is getting longer.
67Your sister and tendered character references describe you as a person who is caring, culturally knowledgeable, keen to work and a gifted artist. As I said before, I have seen some of your art.
68Your problem is your drug addiction and your inability to address it. You have expressed a desire to beat your drug addiction and your need for assistance to rehabilitate from that addiction. You are currently prescribed methadone whilst in custody. Your sister, Joan, when giving her evidence, says you need to get off methadone because it does not deal with your problem. She says your drug of choice is methylamphetamine. In the end, only you can drive the drug rehabilitation process, and the place to start is to reduce your methadone intake to nil whilst you are in custody. That is up to you to implement.
69Your prospects of rehabilitation are guarded. Your criminal history and your drug addiction are factors pointing to reoffending and more gaol time. The risk of institutionalisation at the age of 28 is looming. You need to show some true cultural strength to break this destructive cycle.
70I note that you did not get parole in your last sentence, despite being in the lowest security prison for the latter part of your sentence. It was submitted that because you were in that part of the Corrections system known as Newlyn Main, you did not have access to courses that would have qualified you for parole.
71I do not know if that was in fact the case, but I have decided to give you the opportunity to qualify for parole in this current sentence in the hope that you will receive closely supervised drug rehabilitation services on your release from prison. That is what you require, that is what the community should have to promote your rehabilitation. Of course, whether you are granted parole and on what conditions is entirely a matter for Adult Parole Board.
72The sentencing considerations of general and specific deterrence, protection of the community and denunciation of your offending result in a substantial prison sentence. The prospects of rehabilitation are guarded, but if your drug addiction is properly treated, then the chances of the protection of the community, are enhanced by your successful rehabilitation from drug use.
73I have also considered the sentencing principles of totality and cumulated only that amount of the individual sentences that reflect an appropriate total term of imprisonment for your overall offending, and to avoid the imposition of a crushing sentence.
74Ordinarily, if you are in court before me, Mr Kirby, I would ask you to stand, but that is not necessary today. I am going to sentence you as follows:
75In respect of Charge 1, which is a carjacking charge, you are convicted and sentenced to 18 months' imprisonment .
76In respect of Charge 2, the second carjacking charge, you are convicted and sentenced to two years' imprisonment; that is the base sentence. I am ordering cumulation of 12 months of the sentence in Charge 1 on that sentence.
77In respect of Charge 3, you are convicted and sentenced to seven days' imprisonment.
78In respect of the Summary Charge 4, you are convicted and sentenced to a fine of $200.
79In respect of Summary Charge 6, you are convicted and sentenced to one month imprisonment. That month imprisonment is cumulative upon the sentences in Charge 1 and 2.
80In respect of Summary Charge 9, you are convicted and sentenced to one month imprisonment.
81In respect of Summary Charge 10, you are convicted and sentenced to two months' imprisonment, that is the assault of Mrs Ruffle. One months of that sentence is cumulative upon the other sentences in Summary Charge 6, Charge 2 and Charge 1 on the indictment.
82In respect of Summary Charge 11, unlicensed driving, you are convicted and sentenced to seven days' imprisonment.
83And the last charge, Summary Charge 19, in driving in a manner dangerous, you are convicted and sentenced to six months' imprisonment; three months of that sentence is cumulative upon the sentences in Charge 1 and 2 on the indictment, and Charges 6 and 10 in the summary charges.
84That is a total effective sentence, on my calculation - I will seek clarification from counsel - of three years' and five months' imprisonment. I fix a non-parole period of two years' imprisonment.
85In respect to s6AAA, so this is the sentence I would have imposed if you did not plead guilty. My declaration in respect to s.6AAA is as follows: I would have sentenced you to a total sentence of five years, with a non-parole period of three years and nine months. I declare that you have served 250 days pre-sentence detention - that is not including this day.
86I have signed a forfeiture order, which was sought on the occasion of your plea.
87In respect of Charge 1 and 2 on the indictment, and Charge 19 of the summary charges, you are disqualified from obtaining a licence for a period of 12 months on each of those charges.
88HIS HONOUR: Do you understand the sentence?
89OFFENDER: Yeah, sort of.
90HIS HONOUR: All right. In summary, the bits that you need to know are, on the top, as I think you would be familiar with that language, you have three years and five months, and the non-parole period is two years. And of the sentence, on my calculation, you have served 250 days already. All right?
91OFFENDER: Yes, Your Honour.
92HIS HONOUR: I will just check with counsel that my calculations are rights and if there is any further orders that need to be made. So, Mr Prosecutor, is the cumulation right?
93MR BROWN: Yes, Your Honour.
94HIS HONOUR: It is? Yes.
95MR BROWN: And there are no further orders that need to be made, Your Honour.
96HIS HONOUR: Thank you. Do you agree with that, Ms Lacy?
97MS LACY: Yes, I am happy with that. And 250 days is the number I came to.
98HIS HONOUR: Thank you. All right, thanks. Yes. I just need to clarify, just to make sure you understand what is forfeited, the forfeiture order I have signed just relates to the drugs, which is the small Ziploc bag of crystal substance and the meat cleaver that I referred to, found in the RAV4; do you understand that, Mr Kirby?
99OFFENDER: Yes, sir.
100HIS HONOUR: Thank you. Mr Kirby, I have finished sentencing you, and you do not have to listen to anything else I say. Sorry, can I just have him back? Can I see you, Mr Kirby, somehow? So, everyone just be very still so there is no sound. Mr Kirby, make a noise so the Webex comes on.
101OFFENDER: Yep, yeah.
102HIS HONOUR: Thank you. You do not have to listen to anything further I have to say, but I just want to say this, you obviously have every potential to be a very good artist and a strong cultural Aboriginal man. The only thing that stands between you and that is your drug addiction, which your sister has identified for you, she loves you and she wants to support you. You have to stand up to it. I am not saying it is easy but make every chance you can to get parole and insist on assistance with drug addiction upon your release. That way, you will have a good life, you will get back to the home country, if you want to get back there to Swan Hill, and mum and dad will welcome you with open arms, as will your son.
103OFFENDER: Yeah.
104HIS HONOUR: All right, you have heard enough from me.
105OFFENDER: Thank you.
106HIS HONOUR: Thank you.
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