Director of Public Prosecutions v Larson (a pseudonym)

[2018] VCC 823

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

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

RICKY WINTON LARSON (a pseudonym)

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	5 June 2018
CASE MAY BE CITED AS:	DPP v Larson (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2018] VCC 823

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms E. Tueno
For the Accused	Mr A. Lewis

HER HONOUR:

1Ricky Winton Larson[1], you have pleaded guilty before me to three charges of unlawful and indecent assault of a girl under 16, and one charge of carnal knowledge of a girl aged between ten and 16 years.

[1] Ricky Winton Larson is a pseudonym.

2The facts underlying your offending are as follows:

3The two victims were daughters of your then-partner Jacqueline Overton[2], with whom you lived for about seven years up to 1978.  You had one daughter with her, Olivia[3].

[2] Jacqueline Overton is a pseudonym.

[3] Olivia is a pseudonym.

4Initially you lived in the same home as Ms Overton and her two other daughters, your victims Annie Garnett[4] and Meredith Lexi Clayton[5].

[4] Annie Garnett is a pseudonym.

[5] Meredith Lexi Clayton is a pseudonym.

5At the time of the offending against Annie Garnett, which occurred between 1978 and 1979, she was aged between 13 and 15 years, and you were aged between 31 and 33.  Whilst living with her mother, Ms Garnett saw you as a father figure.

6Charge 1 relates to an unlawful and indecent assault which occurred between 1 January 1978 and 4 April 1979 at the family home, when you were still living with Ms Overton. 

7You were putting Ms Garnett in the top bunk of her bedroom, at which time she was wearing a nightie but no underwear.  You began massaging on her back as she was lying on her belly, moving your hand up towards her inner thighs and then towards the front of Ms Garnett’s vagina, and began massaging the skin of her vagina.

8Charge 2, which is carnal knowledge of a girl aged between ten and 16 is a representative count comprising three occasions.  The first of these occurred between 1 January 1978 and 31 December 1979 at a townhouse in Ring Street, Newsbury[6], where you were living with Ms Garnett’s mother. 

[6] Ring Street, Newsbury is a pseudonym.

9You were with Ms Garnett in the master bedroom, touching her vagina with your fingers then digitally penetrating her.  After a period of time, you got on top of Ms Garnett and penetrated her vagina with your penis.  This is the first of the three occasions comprising the representative charge.

10Whilst sex was occurring a family friend came into the townhouse, walking up the stairs and calling out, and the two of you got out of bed and dressed.

11A second occasion comprising the representative charge occurred after the relationship between yourself and Jacqueline Overton broke down, and you moved into the home of a friend for a time in the Princetown[7] area.  Ms Garnett and her sisters still visited you for access at this temporary home.

[7] Princetown is a pseudonym.

12On one occasion during that access to this address, Ms Garnett was at the property with her two younger sisters, the three of them all being in the same bed in the loungeroom.  You got into bed next to her, began kissing her on the mouth with your tongue and touching her breasts, stomach and groin area with your hand.  You then got on top of her, she being on her back, and penetrated her vagina with your penis.

13Ms Garnett recalled you ejaculating inside her, after which she took a bath and remembered seeing sperm stuck to the bath.  She showed this to you, and you asked her how she knew what sperm was.

14The third occasion occurred whilst Ms Garnett was in a car with you in the Princetown area as you were driving to a worksite to do installation on a concrete swimming pool.  You at the time worked as a concreter, helping to install swimming pools, and she would often assist you in your work on the weekends.

15You drove your car to a secluded area on the other side of the creek from the Princetown Railway Station[8], where you took off your shorts, sat in the front passenger seat, and got the victim to sit on top of you, at which time penile-vaginal sex occurred, and you ejaculated inside her.  This apparently occurred on multiple occasions in your car on the way to jobsites.

[8] Princetown Railway Station is a pseudonym.

16Charges 3 and 4 relate to the second victim and Ms Garnett's sister, Meredith Clayton.  This occurred between 1977 and 1981, at which time Ms Clayton was between seven and ten years of age.

17Charge 3, unlawful indecent assault, occurred on an occasion when Ms Clayton was with you at your flat in the lounge room watching Young Talent Time on the TV.  You had sent her younger sister Olivia to bed and then sat next to Ms Clayton on the lounge, asked her to stand up, then asked her to pull down her underpants, which she did. 

18She then sat down again and could feel she was sitting on top of your fingers, so she immediately stood up and you reassured her.  You then took Ms Clayton's hand and pulled it over to your penis, which was erect and exposed, and rubbed her hand up and down until you ejaculated.

19Charge 4, unlawful and indecent assault of a girl under 16, is representative of three occasions.  The first occasion occurred at the same time you touched Ms Clayton's vaginal area with your fingers (this relates to Charge 3), afterwards telling her not to say anything, and that it was all games.  Ms Clayton pulled her underwear back up, watched the end of the television show and then went to bed. 

20On the second occasion, Ms Clayton was also visiting you at your home, and she and her sister Olivia were in bed in the shared bedroom.  You came in and said "Shoosh, don't say anything, I'll go to gaol if you do".  You then lay next to Ms Clayton with one arm under her neck, pulled the blankets off her, touching her vagina with the fingers of your left hand. She asked you to stop, saying it was hurting, and you responded "Shoosh, it's okay", eventually stopping and walking out of the room.

21On the last occasion, Ms Clayton was watching Young Talent Time at your flat whilst visiting.  You sat next to her on the couch and asked her to stand up and take off her underwear and t-shirt.  As she went to sit down again, you pulled her onto your lap.  She felt uncomfortable and went to get up, saying she did not want to sit on your lap but next to you.  You then put your hand on her genitals, touching her vaginal area.  She was scared and told you she needed to go to the toilet, got up and left, and when she returned to the lounge room put on her clothes and said nothing.

22Ms Garnett reported the offending against her to police in 2015, and as a result you were recorded as part of a pretext conversation on 7 October 2015.  When Ms Garnett asked why you had sexually assaulted her, you said that you did not know, and when she asked how old you were when you first had sex with her, you said you would not have a clue.

23You live in Queensland, and it was communicated through your lawyers that you would not participate in a record of interview, and so you were never interviewed by police in relation to these charges.

24The maximum penalty for indecent assault of a girl is five years' imprisonment.  The maximum penalty for carnal knowledge of a girl aged between ten and 16 years is ten years' imprisonment.

25The charges with respect to Ms Garnett resolved at a further committal mention on 23 June 2017, and it is not disputed that this was an early plea of guilty in relation to Charges 1 and 2.

26A contested committal was held in relation to Ms Clayton's allegations on 4 September 2017, at which she gave evidence, but it was of short duration.  Discussions between the parties continued, and ultimately an agreement in relation to Charges 3 and 4 on the indictment was reached on 22 February 2018.

27Victim impact statements were read out by both Ms Garnett and Ms Clayton at the plea hearing.  It is abundantly clear that your actions have had a grave impact upon both Ms Garnett and Ms Clayton. 

28Ms Garnett has on two occasions, both in her 20s and in later years, been diagnosed with anxiety and depression.  She has always felt insecure and has always sought unconditional love, which she was only able to find with her children in their younger years.  In the latter years they withdrew from her, and whilst she has repaired her relationship with two of her children, she remains essentially estranged, it would seem, from the rest.

29She stated:

"My life has been shaped by hurt, anger, fear and distrust resulting from Ricky Larson’s abuse."

30Over the years, Ms Garnett has made attempts at suicide, felt unable to open up to friends and withdrew from them, feared judgment and distrust, and has endured at least three long-term abusive relationships.  As is often the case with children who are subjected to family abuse - as indeed this was family sexual abuse - she developed promiscuous behaviour,  "always", she said, "confusing love with sex, as that was all I knew".  She believed she had no one to rely on for support, and felt emotionally abandoned by her mother.

31The effects of this offending very much impacted upon her self-esteem.  She lacked confidence, believed she lacked ability, but luckily in her mid-30s, returned to school "to help with [her] self-esteem" and passed a Year 11 for Adults Certificate.  However, she has never felt confident to undertake anything more than part-time employment, which appears never to have been commensurate with her evident intelligence.

32Ms Clayton spoke of another impact of childhood sexual abuse which this court sadly too often sees, and that was the development of an enormously overprotective attitude towards her own children.  She stated that when she had children, that is, three girls, "they were never allowed out of my sight, never allowed sleepovers, never left with any male authority whatsoever".

33As I said, the court has seen this on so many occasions, where children who have been sexually abused fear the worst for their own children.  It places great stress upon them as parents, it is an enduring stress that often never leaves, a terrible distrust of the outside world.

34Ms Clayton also spoke of her enormous fear of you.  It appeared that there were some reports at the time - I will be turning to your personal history very shortly, but it appeared you moved to Queensland soon after finally separating from your victims' mother.  Ms Clayton speaks of never knowing where you are, always being fearful that you would return and that there would be some damage done to her.

35She stated:

"Whilst blocking this out for many years, I moved on and dealt with it in any way possible the best I could."

36She believes her children suffered "a bit" growing up because of her overprotective attitude.

37I now turn to your personal circumstances.  You are now 72 years of age, and have no prior convictions.  You are the second youngest of six siblings, three of whom have died.  You are close to an older sister, and have an older brother, with whom you have it would seem a reasonably distant relationship.

38You attended school until Year 8.  Your father was an electrician, your mother had the occupation of home duties.  It appears the family was fairly poor.  You struggled with reading and writing at school, for which you were bullied, ultimately leaving school at the age of 14.  You never learned to read and write properly, and a psychological assessment of your capacities in that area put your literary skills at about the level of a seven-year-old. 

39You began working on farms in New South Wales, catching rabbits and shooting kangaroos and selling the carcasses.  You did this from the ages of 15-18, then worked for two years in fencing in rural New South Wales.

40You returned to Melbourne when you were 21 and began work as a labourer, performing work for about two years, then started operating concrete pumps for the same company, an occupation that you have largely stuck with for the rest of your working life.

41At about the age of 30, you began a business in Melbourne preparing steel work for the frames of swimming pools.  You were undertaking this work at the time you lived with Ms Overton, Ms Garnett and Ms Clayton.

42You moved to Queensland in 1980, where you were offered a job at a smelter operating concrete pumps, which you undertook for two years. Then for a number of years you worked in various parts of Queensland operating concrete pumps.

43You moved to another part of Queensland in 1988, where you again worked in concrete pumping, and in about 2000 you started your own concrete pumping business with your son.  The business started with one concrete pump and grew to include four pumps.  You also built swimming pools, and in downtimes you worked in fencing.  The business continues to this day, having been taken over by your son.  You retired from this business last year in 2017.

44In terms of your relationships, you had a serious relationship with Aggie Emmet[9], who is now your current partner, when you were 21 and she was aged between 19 and 21 at the time.  She had two children and was separated from her husband, who had left her.

[9] Aggie Emmet is a pseudonym.

45When that relationship ended, she resumed her relationship with her then-husband.  You then had a relationship with Jacqueline Overton from the early 70s for about seven years until about 1978.

46When you moved to Queensland you met Melanie[10], with whom you had a long-lasting relationship until her death in 1996, the two of you eventually marrying.  There are two children of this relationship, your son Joshua[11] and your daughter Patsy[12].

[10] Melanie is a pseudonym.

[11] Joshua is a pseudonym.

[12] Patsy is a pseudonym.

47You nursed Melanie through the last two years of her life, she having contracted cancer, and you undertook all palliative care of her so that she was able to die at home.

48You then retired from work for two years and essentially raised your children on your own.  You then had a 15 year relationship with a woman Zara[13], but there are no children from that relationship. 

[13] Zara is a pseudonym.

49You and Aggie reunited in May 2017, when you contacted her.  She moved to Foleys Creek,[14] where the two of you lived together, but after you were charged with these offences you moved to Victoria, you being told that you were undoubtedly to be gaoled for this offending, the area to which you moved being a place where Aggie had lived for many years, also in the hope that it would make it easier for her to visit you in prison.

[14] Foleys Creek is a pseudonym.

50You have no contact with your daughter, Olivia, from your relationship with Jacqueline Overton.  Your children, Joshua aged 35 and Patsy 33, you remain in close contact with.

51Patsy has a mild intellectual disability and had been living with you all your life until you moved to Victoria earlier this year.  She has had a number of difficulties living on her own: she cannot manage her finances, she continually overspends.  She has great difficulties with obesity and has developed a number of illnesses in relation to that.  She does not get on particularly well with your son.

52Socially, she mainly relies on those carers that come to the house, but her greatest support has always been you.  She appears not to have handled your separation from her particularly well.  Your counsel informed me she rings you ten to 15 times a day, and indeed psychologist Pamela Mathews, who prepared a report for these proceedings, noted that when she was seeing you, your daughter was constantly ringing you.

53Indeed, your counsel Mr Lewis said he had the same problem in the three or four interviews that he had with you.

54You have a fourth child, Lauren[15], who is aged 48, who is Aggie’s daughter.  It was not known until a year ago that you were in fact her father, it being thought that she was the child of Aggie’s previous husband.

[15] Lauren is a pseudonym.

55You have a number of medical difficulties, which were outlined in a report from your GP, Dr Ted Milford.  You developed diabetes type 2 in 2007 and hypertension in 2014, in which year you also developed angina.  As a result of investigations, you had a stent inserted into your right coronary artery that year.  You were also found to have aortic stenosis, which is narrowing of the aortic valve, and there was a further coronary artery stent inserted in 2015, and a valve replacement in 2016.  You still suffer some shortness of breath on exertion.

56In 2016, you developed renal colic.  A stent was inserted and a stone removed, and this recurred.  There was a further operation in February this year.  During that time, you were anaemic with renal function impairment.  You are now on a regime of medication for both your heart and kidney problems.

57It was noted by Dr Milford in his letter dated 30 May 2018:

"Currently Ricky’s physical health is not too bad, but he is very anxious.  His diabetes is poorly controlled, and he is short of breath on exertion.  He takes medication for his heart and diabetes, he requires frequent cryotherapy for severe solar skin damage, and regular vitamin B12 injections."

58Dr Milford also wrote about the difficulties experienced by your daughter, who has been his patient since 2002, noting that because of her obesity Patsy has developed diabetes and had a sleeve gastrectomy performed in 2015.  She has biliary colic.  She has had her gallbladder removed.  She suffers from renal stones, fatty liver, polycystic ovarian syndrome, other gynaecological problems, and she had a medial meniscectomy for her right knee.

59He said that depression had been a problem for her for over ten years, and she remains on antidepressants.  He stated:

"She requires continued monitoring of her mental state, her weight, B12, glucose and magnesium levels as a result of her sleeve gastrectomy". 

60He noted that you had always supported her, and had done so since the death of her mother when she was 12.  He noted that she had always lived at home with you, "apart from a short and disastrous time with a violent boyfriend". 

61He noted that she had had trials of living alone with supported paid carers, but gets lonely and that there are problems with cleaning and eating.

62He said:

"She is not capable of being responsible with money, and is financially dependent upon her father.  She is also emotionally dependent upon him and needs advice".

63Noting that she phones you between ten and 15 times a day, he noted that Patsy had no other emotional supports and concluded:

"Patsy will have a very difficult time if her father is imprisoned, because there is nobody to replace the support that he gives her."

64I received a psychological report dated 29 May 2018 from forensic psychologist Pamela Mathews, and a neuropsychological report from Warren Brewer.  That report was dated 3 May 2018.

65The neuropsychological testing had you with a full-scale of IQ of about 81-89, which is the low average level.  Both Ms Mathews and Mr Brewer believed that you suffer from Mild Neurocognitive Disorder, however it would seem that this was somewhat contributed to by your stress over the legal proceedings.

66That has some significance in my view in this case, because as you know, Mr Larson, the seriousness of your offending means that I will be dealing with you by way of a term of imprisonment to be immediately served.  Prison is a stressful environment.  It is my view that the cognitive deficits that seem to be contributed to by your stress will continue in gaol, and will make imprisonment more difficult for you.

67In particular, I need to refer to paragraph 24 of Mr Brewer's report.  Mr Brewer stated that:

"The neuropsychological profile detailed above reveals reduced attention when placed under load, significant problems with abstract reasoning in both the verbal and visual domains, new verbal learning and a range of higher level executive functionings".

68He stated that that was consistent with Ms Mathews' finding, and meant that you met the DSM-V diagnostic criteria for Mild Neurocognitive Disorder.  He believed that there may be early warning signs of an organic-based neurodegenerative disorder, "with his more recent cardiovascular difficulties the likely etiological risk factor here".  It was believed that this could not be established unless there was further testing. 

69It was believed that your previous history of alcohol abuse, to which I have yet to refer, would have exacerbated longstanding verbal learning deficits, which you have had since childhood.  In other words, there was discussion of a number of cognitive deficit functionings within your life that appear to be worsening at this age, possibly from an organic basis, possibly as a result of the stress of these proceedings.

70In any event, I am satisfied on this material that these difficulties will make gaol more difficult for you compared to the normal prisoner.

71There are a number of mitigating factors put on your behalf.  I should add that it is clear from the report of Ms Mathews that at the time of this offending, not that it is any excuse, you appeared to be an alcoholic, and indeed it was not until you met your wife Melanie that you ultimately dealt with your problems with alcohol, and have not drunk to any extent for many years now.

72It was Ms Mathews' opinion, having administered a number of tests, that you were a very low risk of reoffending, and it was pointed out by your counsel that since meeting your wife Melanie, really you have led nothing but a prosocial, responsible life where you have cared for two children, one of them with special needs, and indeed I received a reference from one friend, who has five daughters, to whom you offered your home at a time when they were in a combination of difficulties.  There appears to have been no repetition of the offending against Ms Garnett and Ms Clayton.

73Essentially, in terms of the mitigatory factors put on your behalf – first, you have no prior criminal history.  In cases of this kind, the lack of prior criminal history is of less weight than it would be in other cases.  Indeed, there has been an amendment to the Sentencing Act pursuant to s 5AA that a lack of prior criminal history is not a matter that is to be taken into account as a mitigatory factor in cases of sexual offending.

74Secondly, and more importantly in my view, this has been an early plea of guilty insofar as the offending against Ms Garnett is concerned, and a reasonably early plea of guilty insofar as the offending against Ms Clayton is concerned.  Ms Garnett was not put through the trauma of cross-examination.  Ms Clayton was, but neither of them had to endure trial proceedings.

75More importantly, I accept that you are truly remorseful for your offending.  I say this because of a number of references I have received from family and friends, all of whom had no idea of this offending until you went to these persons, and it would seem from the references, fully explained the offending that you had engaged in.  Each of those persons were entirely shocked by the offending.  Each of them said you expressed to them a keen and sincere remorse for that offending, which of course you should, but which is not always encountered by this court.

76I am in a position, in other words, to not only give you what is called the utilitarian benefit of a plea, but to accept that you are truly remorseful for that offending.  All too often, these courts see offenders such as you, who are accused with offending which is decades old, and all too often the course of such persons is to deny the offending and to put the victims to their proof - to hang on for grim death, to show no concern at all for the persons that they harmed, and I am satisfied that you have not done this, and this is a matter of significant mitigation in my view.

77I take into account that your time in gaol is going to be rendered more difficult because of the health conditions that you suffer, also because of the neuropsychological difficulties that you have, and which I have already referred to, but particularly because of the stress that you will endure insofar as your capacity to care for your daughter is concerned.  She will be able only to have limited contact with you.  I accept that this will be extremely distressing and difficult for her, but also that your concern and worry for her will be considerable in that time.

78I received a reference from your partner Aggie, and it was a reference which was helpful to you, but which was in my view also a very honest reference.  Aggie’s view of your offending was that it was disgusting.  She was horrified that you could have behaved in this way.  She remains supportive of you, but could not honestly say that your relationship will necessarily be able to be one which resumes on your release from gaol.  This is another matter which I accept will make gaol more difficult for you.

79Overall I accept that for the last 40 years you have lived as a good man, and you have lived as a man who has been presented with a number of stressors, and that on each occasion you have risen to that occasion.  However, that does not make up for, ultimately, the terrible offending against two vulnerable young girls, who regarded you as a father figure - and indeed you were a father figure in their lives.  You exploited them both sexually in an appalling way.  I am not seeking to say that one experience was necessarily worse than another, but your exploitation of Ms Garnett was about as grave an exploitation, and as grave a breach of trust as could be imagined in those situations.  I have already attempted to explain to Ms Garnett and Ms Clayton that this offending is regarded so seriously by the courts that your previous and subsequent good history do not intervene in such a way as to allow any response by this court to be other than one which is the imposition of a term of imprisonment to be immediately served notwithstanding the 40 years lapse of time, notwithstanding your age, notwithstanding the fact that for the vast majority of your life you have lived in a praiseworthy manner.

80In sentencing you, I do take into account the mitigatory factors that were raised on your behalf. 

81I accept that you do not present a danger to the community, I accept that you have rehabilitated yourself, I accept that you are sincerely remorseful for your offending, but in sentencing you I must take into account the principles of general deterrence, that is, sentencing to deter others from offending in the way that you have, denunciation of your offending and conduct, and punishment for it.  And I therefore sentence you as follows, could you stand up please sir?

82Before I impose this sentence I note that the prosecution have conceded the difficulties you will face in gaol, and agreed that a greater than normal disparity between head and minimum term was not inappropriate in your case.

83On Charge 1, you are sentenced to six months' imprisonment;

84On Charge 2, you are sentenced to five years' imprisonment;

85On Charge 3, you are sentenced to 12 months' imprisonment;

86On Charge 4, you are sentenced to 18 months' imprisonment.

87The sentence imposed on Charge 2 will be the base sentence.  I order that two months of the sentence imposed on Charge 1, four months of the sentence imposed on Charge 3, and six months of the sentence imposed on Charge 4, be served cumulatively to the sentence imposed on Charge 2 and all other sentences, giving a total effective sentence of six years.  I order that you serve a minimum term of two years before becoming eligible for parole.  Please be seated, thank you.

88Pursuant to s 6AAA, I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of eight years, and ordered that you serve a minimum term of four years and six months.  Thank you.

89MR LEWIS:  If Your Honour pleases.

90HER HONOUR:  Thank you very much.  Is there anything else - there were some orders that were being sought.

91MR LEWIS:  There is the serious sexual offender ‑ ‑ ‑

92HER HONOUR:  Yes.  You are to be regarded - sentenced as a serious sexual offender - which charges is it?  It is charges ‑ ‑ ‑

93MR LEWIS:  Three and four.

94HER HONOUR:  Three and four, you will be placed upon the Sex Offenders Register for life.  Thank you.

95MS TUENO:  Your Honour, just lastly there is the application for a forensic sample order.

96HER HONOUR:  I know it is not - I know it is not resisted.  I really do not see in this case that it is necessary.  It is nothing to do with the offending, but a forensic sample is meant to be on the database to assist police in case this person ever offends again.  This is not one of those cases where I think police would need the sample from Mr Larson.  Thank you.

97MS TUENO:  Thank you Your Honour.

98MR LEWIS:  Your Honour's associate has been provided with a list of the medication, and we just ask that that be provided, or ‑ ‑ ‑

99HER HONOUR:  What I will do is - my associate needs to print out the Sex Offenders Register papers, and I will get her to hand that to the prison officer when she gets him to sign that.

100MR LEWIS:  Yes, thank you Your Honour.

101HER HONOUR:  Thank you.  Yes, thank you very much.

102MR LEWIS:  Your Honour, could I approach the dock and assist Your Honour's associate explain that to my client?

103HER HONOUR:  Of course, I just realised I forgot to state in relation to the offending - in sentencing Mr Larson, I have also had regard to the maximum penalties that existed at the time, together with the current community attitudes to this offending in formulating what I regard as the appropriate sentence in this case, thank you Mr Lewis.

104MR LEWIS:  If Your Honour pleases.

105HER HONOUR:  Yes, thank you.  Now, can we just - have you got that list there, Mr Lewis?

106MR LEWIS:  Yes I have a copy here Your Honour, I can give it to Your Honour's associate.

107HER HONOUR:  Yes, thank you very much.  Mr Lewis, I had not gone into your client's own history of sexual abuse, I appreciate that.

108MR LEWIS:  Yes.

109HER HONOUR:  I probably should state I did not regard it as having a very significant import.

110MR LEWIS:  I understand that Your Honour.

111HER HONOUR:  In terms of - it needs to be mentioned on the plea by way of some explanation, but ‑ ‑ ‑

112MR LEWIS:  Yes.

113HER HONOUR:  ‑ ‑ ‑ I sort of deliberately did not visit that in my sentencing remarks.

114MR LEWIS:  Yes, thank you Your Honour.

115HER HONOUR:  Yes, thank you very much.  Yes, thank you.  Yes, Mr Larosn can be taken down, thank you very much.  Yes, thank you.  I thank counsel for their assistance in this matter, we will adjourn until 9 o'clock tomorrow morning.

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