Director of Public Prosecutions v Lauren

Case

[2018] VCC 1046

6 July 2018

No judgment structure available for this case.

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

AT MELBOURNE

CRIMINAL DIVISION

CR 17-02154

DIRECTOR OF PUBLIC PROSECUTIONS
v
KOBE LAUREN

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JUDGE:

HER HONOUR JUDGE QUIN

WHERE HELD:

Melbourne

DATE OF HEARING:

28 June 2018

DATE OF SENTENCE:

6 July 2018

CASE MAY BE CITED AS:

DPP v Lauren

MEDIUM NEUTRAL CITATION:

[2018] VCC 1046

REASONS FOR SENTENCE

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Catchwords: Obtain financial advantage by deception, Attempt to obtain financial
  advantage by deception, Make false statement in relation to travel
  documents, Obtain financial advantage by deception in relation to
  infringement matters, Make false document in relation to infringement matter,
  Make false report to police, Commit an indictable offence whilst on bail.

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APPEARANCES:

Counsel Solicitors
For the Director Mr M Vella OPP
For the Accused Mr R Lawrence Pica Lawyers

HER HONOUR:

1       Kobe Lauren, you have pleaded to the following charges.  You can sit down Mr Lauren and I will ask you to stand at the end.  Three charges of obtaining financial advantage by deception, Charges 1, 3 and 4; three charges of attempting to obtain financial advantage by deception, Charges 2, 5 and 6; a charge of making a false statement in relation to Australian travel documents, Charge 7; 14 charges of obtaining financial advantage by deception in relation to infringement matters, Charges 8 to 21 inclusive; and a charge of making a false document in respect of an infringement matter, Charge 22.  You have also agreed to have dealt with by me and pleaded guilty to related summary offences of making a false report to police, related summary offence Charge 14, and committing an indictable offence whilst on bail, related summary offence Charge 15. 

2       Maximum penalties for the indictable matters are ten years and attempt is five years.  The maximum penalties for making a false report to police is 120 penalty units or imprisonment for one year; and for committing an indictable offence whilst on bail, 30 penalty units or three months imprisonment.

3       The full details of your offending are set out in the revised prosecution opening, dated 25 June 2018.  I do not propose to repeat those details, though your offending can be summarised as follows.  In March 2012, you purchased a 2006 Mercedes and insured it with Allianz for an agreed value of $51,838.  This was between approximately 15,000 to $25,000 over the car's book or market value.  In March 2013 you staged a collision, said to have occurred in Pascoe Vale, with Christina Petroulis.  You reported the collision to Allianz.  AAMI, Ms Petroulis' insurer was deemed to be at fault and settled the claim for the insured sum less the excess, $51,288.  Subsequent police investigations revealed the other driver had not been involved in an accident, but had agreed to provide false information to AAMI to facilitate your claim.  That is Charge 1.

4       In March 2013, your partner, Nurto Ismail, purchased a Lexus.  It was insured with Real Insurance.  In November 2013 you reported that the Lexus had been involved in a collision and that Kobe Lauren was the other driver.  You provided a false driver's licence number.  This claim was referred to an external investigator, whom you had falsely told you had moved to Kenya, would not be returning to Australia, and you were thus unavailable to be interviewed, that Ismail was a friend and you had not made any other insurance claim.  This claim was rejected.  That is the attempt in Charge 2.

5       In June 2013, a co-offender, Shaffu Wasami, purchased a BMW.  You arranged for insurance of the BMW with AAMI, using his name and an address in Truganina, where Wasami did not reside.  The BMW was insured for an agreed value of $70,460, between 30,000 and $40,000 over the book value.  In May 2014, details of a collision occurring in Laverton were provided by phone to AAMI, involving the BMW, including that the at-fault vehicle was being driven by Katrina Papagianpoulos, although the car was owned by Tisiana D'Francesci.  The police ascertained that Ms D'Francesci was not involved.  The BMW was deemed a total loss and Wasami was paid approximately $70,000 in settlement of tendency evidence claim.  Soon thereafter, $70,000 was deposited into your bank account from an unknown source.  That is Charge 3.

6       In January 2015, you and Wasami attended at a car dealership and purchased a 2008 Mercedes for $60,000.  Wasami was the registered owner.  You arranged for the insurance of the 2008 Mercedes online with AAMI.  It was insured for an agreed value of $115,848, almost double its purchase price.  You provided a false address for Wasami, and that address was in Hampton, so the policy price was reduced by approximately $1,000.  You paid for the policy premium with a credit card, and asked for relevant documents to be sent to a PO box in Ascot Vale, rather than the address listed in Hampton.  That is the circumstances re Charge 4.

7       In June 2015, you and different co-offender, Sakario Muhammed, staged a collision with the 2008 Merdeces in Fairfield.  Muhammed gave the tow truck driver details, including the Hampton address.  Muhammed contacted AAMI, purporting to be Wasami, the registered owner.  You also spoke with AAMI, purporting to be Muhammed, the other driver, to give details of the collision.  On 30 June, the excess for the insurance claim was paid from an account held in a name used by you as an alias.  You contacted AAMI, again purporting to be Muhammed, and complained about the courtesy hire car and also as to the whereabouts of the 2008 Mercedes.  That is the conduct constituting Charge 5.

8       On 2 and 22 January 2016, you arranged for delivery with United Parcel Services, a number of packages.  You purchased them under the name Adam Abraham.  The first delivery had three packages, the second had six.  The deliveries occurred on 14 January 2016 and 22 January 2016 respectively, and were received by you, who then used the name Tom.  On 27 January 2016, you made a claim by phone to UPS of non-delivery of the packages in order to seek payment for the value of the goods.  You made further calls on 28 January 2016 demanding reimbursement for the allegedly non-delivered goods.  USP investigated and believed goods had been delivered, but said that if you believed the packages had been stolen, that you should contact the police.  That is Charge 6.

9       On 19 February 2016, you did attend South Melbourne Police Station and identified yourself as Adam Abraham of 2 Allan Court, Truganina.  You made a false report to police that the goods to be delivered to your house by UPS and valued at $19,000, had not arrived; that you were told by the shipping company that the goods had been accepted by a person called Tom, and that no person of that name lived at the house.  That is the related summary offence, Charge 14.

10      On 24 June 2016, you signed an undertaking of bail, which included a condition you surrender all passports.  As a consequence, police seized three passports in the name of Adam Abraham, expiring on 16 January 2026, this had been issued on 16 June 2016; Kobe Lauren, expiring on 4 February 2023; and Jermal Hersi, which had expired on 7 November 2013.  You had changed your name in Victoria to Jamal Hersi on 24 June 2002, then to Kobe Lauren in Western Australia on 23 October 2008.  You then changed it from Kobe Lauren to Adam Abraham in the Northern Territory on 21 January 2014.

11      On or around 29 June 2016, the Department of Foreign Affairs and Trade received an application for an Australian travel document from you, which contained a false declaration saying that you had left your passport in a taxi.  This was signed in the name of Adam Abraham of 6 Sotwell Street.  On 30 June 2016, DFAT voided the original passport and issued a replacement on 1 July 2016, in the name of Adam Abraham, with Passport No. PA6035912.  However DFAT did not deliver it to you.  You then told DFAT and told the operator that police had lost he passport.  At the time of committing this offence, you were on bail, entering bail on 24 June 2016.  That is the related summary offence, Charge 15.

12      As to Charges 8 to 21, at the time of your arrest on 24 June 2016, various statutory declaration forms and civil compliance notices were found, which were partly completed or modified, and used different names, including Lauren Kobe, Nurto Ismail, Assan Ali, Jamal Hersi and Muhammed Farah.  An audit of the documents revealed that you had made false declarations, the subject of each of Charges 8 to 21, using fictitious names, addresses and licence details, in order to successfully avoid responsibility for traffic infringement notices, CityLink tolls and other penalties.  On each occasion, the infringement was transferred into a fictitious identity name by way of your nomination.

13      You gave the address of the fictitious drivers as your own address in Truganina, or an address in a block of apartments in St Albans, where you were the registered lessee of a DHS property, under the name of Jamal Hersi.  Some of the documents were also purportedly witnessed by authorised persons who were also fictitious.  On multiple occasions you used different names and addresses, none of which were true.  The details of each occasion, the subject of each charge, are outlined in the revised prosecution opening.

14      I received a victim impact statement from a representative of the insurance company, AAMI, Mathew Falk.  Matthew Falk speaks of the impact of fraud on the insurance industry; that it not only affects the insurance company, but all of its customers; that frauds such as yours, in one way or another, impact every person who purchases an insurance policy with AAMI.  You are currently aged 36 and in a relationship with Nurta Ismail, with whom you have four sons, aged between five and 12.  You were born in Mombasa Kenya and then emigrated to Australia in the early 1990s with your family when you were about ten.  Your father returned to Kenya when you were a teenager.

15      Your father passed away in 2006, due to a bacterial infection, contracted during treatment for cancer.  You have five half-sibling, living in both Melbourne and Kenya.  Your mother lives in Maidstone with your half-sister.  You completed VCE in 1999 at Maribyrnong Secondary College.  You were a talented basketballer and lived in the USA for approximately 18 months after you had completed school, attempting to secure a college basketball scholarship.  You commenced a Diploma of Business Administration at Swinburne TAFE when you came home, but ceased after approximately two years.  In 2003 you bought a taxi licence and started working as a driver.  You had your own business up until 2013.  In that time the business expanded into limousine work, and you purchased a taxi licence in Western Australia.

16      In the 2000s you commenced a relationship with Nurta Ismail.  You met her through school.  She is a qualified nurse, working in aged care.  She wrote a letter which was tendered on your behalf, and I take the contents of it into account.  See Exhibit 1.  She remains supportive of you and attended court.  You have no relevant prior convictions; this is your first time in custody.  You were initially in custody in the Northern Territory between October 2016 and February 2017, and that immediately predated your extradition to Victoria on 9 February 2017.  You thus spent approximately four months in custody in the Northern Territory for fraud offences which related to the provision by you, for the purpose of entitlement to different bodies in an attempt to assist you in obtaining accommodation, employment or other services.

17      You have therefore spent the last 20 months, that is four months in the Northern Territory and about 15 months on remand, and I take that into account.  You do not, and have never had any major issues with alcohol or drugs or your mental of physical health.  As to your motivation for this offending, I was informed that you had mounting debts and that you knew people in the panel beating industry through your taxi business, and you agreed to take part, with them, in the fraud.  I was informed that you received some, though not the total amount of financial gain, and that funds you obtained were spent for your own personal purposes.

18      Your counsel indicated your period in custody has been a confronting and salutary experience.  You have been exposed to numerous incidence of violence and self-harm occurring whilst you have been imprisoned.  You have been witness to a prisoner's suicide.  You have been required to be in lockdown for extended periods, due to violence between other prisoners and a fire at Port Phillip.  On a positive note, you have had visits from your partner and telephone contact with your mother and children.  You have obtained a number of vocational certificates during your time in custody, in areas of cleaning, hospitality and horticulture.  See Exhibit 2.

19      You have pleaded guilty to these matters at the first practicable opportunity.  I accept your plea of guilty has significantly facilitated the course of justice, and has a utilitarian benefit.  You have saved the community the cost of court proceedings, which are likely to have been significant, given the size of the brief of evidence.  I accept that your plea is also indicative of remorse.  In her letter to the court, your partner reveals that you are remorseful and ashamed in relation to this offending.

20      Your main offending spanned a period of between March 2013 and July 2016.  You systematically and repeatedly used false identities over this period.  You were actively involved in the offending, whether by making an online application, registering the car, chasing up claims with phone calls, paying the excess, and on one occasion, reporting it or making a statement to police.  Some of the claims were more sophisticated than others, including you using your co-accused, Sakario Muhammed's name as the other person involved, and you representing to be a false identity.  Additionally, you complained about the replacement courtesy car.  Although the amounts you actually received were limited, the impact of your offending is not limited to the insurance company, with other policy holders bearing loss with increased premiums.

21      There has been some delay in prosecuting your matter and I take that into account.  There were difficulties with the investigation, and but for the actions of the insurance company, there may have been no prosecution.  I was informed that Wasami pleaded guilty at the Melbourne Magistrates' Court to one charge of attempting to obtain a financial advantage by deception, and one charge of attempting to commit an indictable offence.  He received a $1500 fine with no conviction.  The extent of his offending was less than yours and he undertook to give evidence in related fraud matters.  Principles of parity do not apply.  Sakario Muhammed went to the United States before the investigation of fraud, including panel beaters, was completed.

22      It was submitted that there were features that augured well for your rehabilitation.  You have a limited prior history, you had a good employment history for a period of about ten years up until 2013.  The prosecution conceded that there were some considerations pointing to your rehabilitation prospects being reasonably, namely your plea of guilty, constructive use of your time in custody and remorse.  However the prosecution also highlighted the repetitiveness of your offending and flagrant use of false names.  It was submitted that I should be more cautious in assessing your rehabilitation prospects.  I regard your prospects as reasonable.

23      Your counsel submitted that specific deterrence should be given limited weight, given your time in custody and the deterrent effect of being away from and being unable to provide for your family.  Given the nature of your offending and duration, specific deterrence still has some relevance to the sentencing exercise.  Both general deterrence and denunciation are also of significance.  Totality is also a relevant consideration.  Your counsel submitted that all relevant sentencing considerations could be adequately reflected in a sentence that does not require you to serve further time in custody; that your rehabilitation could be promoted and supervised by the imposition of a community correction order, or alternatively under the requirements of parole.

24      Given the gravity of your offending, I do not accept a combined disposition is appropriate.  Taking all relevant sentencing considerations into account, I propose to sentence you, which will have the effect that you will be eligible for parole in about two months' time.  If you could please stand.

25      In respect of Charge 1, you are convicted and sentenced to a term of imprisonment of six months.  In respect of Charge 2, you are convicted and sentenced to a term of imprisonment of three months.  In respect of Charge 3, you are convicted and sentenced to a term of imprisonment of 18 months.  In respect of Charge 4, you are convicted and sentenced to a term of imprisonment of three months.  In respect of Charge 5, you are convicted and sentenced to a term of imprisonment of six months.  In respect of Charge 6, you are convicted and sentenced to a term of imprisonment of four months.  In respect of Charge 7, you are convicted and sentenced to a term of imprisonment of two months.

26      In respect of Charge 8, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 9, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 10, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 11, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 12, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 13, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 14, you are convicted and sentenced to a term of imprisonment of one month.

27      In respect of Charge 15, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 16, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 17, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 18, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 19, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 20, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 21, you are convicted and sentenced to a term of imprisonment of one month.  In respect of Charge 22, you are convicted and sentenced to a term of imprisonment of one month.

28      In respect of the summary offence 14, you are convicted and sentenced to a term of imprisonment of one month; and in respect of the summary offence 15,  you are convicted and sentenced to a term of imprisonment of one month.  The base sentence then is that imposed in respect of Charge 3, which is 18 months.  I order two months of the sentence imposed on Charge 1; one month of the sentence imposed on Charge 2; three months of the sentence imposed on Charge 5; one month of the sentence imposed on Charge 6; one month of the sentence imposed on Charge 7; one month of the sentence imposed on Charge 8; one month of the sentence imposed on Charge 10; one month of the sentence imposed on Charge 17; and  one month of the sentence imposed on Charge 22 to be cumulative on the sentence imposed on the base sentence, Charge 3, which gives you a total of 30 months imprisonment, and I set a non-parole period of 17 months.

29 If you had not pleaded guilty to this matter pursuant to s.6AAA of the Sentencing Act, I would have sentenced you to a term of imprisonment of four years, with a minimum of 30 months. What is the PSD today please?

30      MR VELLA:  512 days, Your Honour.

31      HER HONOUR:  I declare 512 PSD.  Now the compensation order.

32      MR VELLA:  I believe a draft copy was e-lodged with the court yesterday.  I'm not sure if that's made its way through to Your Honour.

33      HER HONOUR:  Yes, I've got that.

34      ASSOCIATE:  It's in PDF form.

35      HER HONOUR:  Sorry, what was the problem with it, Lisa?

36      ASSOCIATE:  It's in PDF form.  I'm trying to convert it now, because I can't change it.  It's got the incorrect name to it.

37      MR VELLA:  If there's a problem with that, Your Honour, perhaps I can go back and have that edited and resent or re-e-lodged.

38      HER HONOUR:  Yes, I think that's probably wise.  All right, Thank you, Mr Vella.

39      MR VELLA:  As Your Honour pleases.

40      HER HONOUR:  There's nothing else?

41      MR VELLA:  There was an application for a 464ZF order.  Was that
– I'm not sure if that was made at the last occasion.

42      MR LAWRENCE:  There's no opposition to that, Your Honour.

43      HER HONOUR:  All right, well again, Mr Vella, if you can provide the relevant draft order.

44      MR VELLA:  Certainly, Your Honour.

45      HER HONOUR:  I will sign that in chambers.

46      MR VELLA:  As Your Honour pleases.

47      HER HONOUR:  And Mr Lawrence, could you please explain to your client what that form means?

48      MR LAWRENCE:  Yes.  Yes, I will, Your Honour.

49      HER HONOUR:  The 464.

50      MR LAWRENCE:  One other matter, Your Honour, is I've tried to understand the Commonwealth sentencing, is that Charge 7's a Commonwealth Offence.

51      HER HONOUR:  Yes.

52      MR LAWRENCE:  So Your Honour I think is required to set a – or specify the starting start - - -

53      HER HONOUR:  Yes, look I am.  Look, Charge 7.

54      MR LAWRENCE:  I think the other requirement, Your Honour, just before I finish, is that Your Honour is also required to enter into the records in the court, the reasons for the imposition of a custodial term on that charge.

55      HER HONOUR:  Yes, I wish that had been drawn to my attention before I did the sentence, that it was a Commonwealth matter.  The Commonwealth sentence – can that commence immediately, and then the State sentence, or can you say – you've got to set a date, don't you?

56      MR LAWRENCE:  I think the only restriction is that you cannot backdate a Commonwealth sentence.  It can be ordered to commence today or at a date in the future.

57      HER HONOUR:  Yes, but can the State sentence commence in a month, because that would serve the same – that would save the – that would serve the purpose – the relevant purpose

58      MR LAWRENCE:  Yes you can.  I think the – the provision about the order of sentences to be served still applies.  So if the Commonwealth sentence was separated from the other charges because it wouldn't attract a parole sentence, that would be the sentence to be served first, and then following – because as I understand it, the first sentence is a sentence that doesn't attract - doesn't have a non-parole period - - -

59      HER HONOUR:  All right.

60      MR LAWRENCE:  - - - is prior to a sentence that does.

61      HER HONOUR:  I think – I think what I'll have to do is in respect of Charge 7, effectively take – amend the record.  So the orders will be as I said, other than Charge 7, which then gives a total effective sentence – a State sentence of 29 months with seven, eight months – I'm sorry 16 months, and then have the Commonwealth sentence, Charge 7, one month, to commence at the expiration of – I really want it to commence at the expiration of 16 months from today, don't I?

62      MR LAWRENCE:  From today - that would mean that he would have to
– if Your Honour wanted him eligible for parole in two months' time.

63      HER HONOUR:  About two months, yes.

64      MR LAWRENCE:  Yes.  If Your Honour ordered a sentence of two months to commence in 16 months' time - - -

65      HER HONOUR:  It would be one month.

66      MR LAWRENCE:  One month.  I think he would then – he would go back into custody had he been released on parole prior to that, in that he would have a sentence, he would be required to serve a sentence of one month in 16 months' time - - -

67      HER HONOUR:   No, no, no, no, no, no.

68      MR VELLA:  Your Honour, if I could be of any assistance, I got on to the time and day calculator on the – timeanddate.com, 16 months - as I understand it, the PSD started on 9 February 2017.

69      HER HONOUR:  Yes.

70      MR VELLA:  I'm told that 16 months from that date gets us to 9 June 2018, and 17 months is 9 July.

71      HER HONOUR:  Which is only next week.

72      MR VELLA:  Yes, I think that's Monday, Your Honour.

73      HER HONOUR:  Yes, that's right.  Look, I'm just going to go back to chambers and work this out.  I'm sorry, as I said, I just hadn't realised it was a Commonwealth offence and needed those different sentencing regimes.  It won't take me a minute to check it.

74      MR VELLA:  As Your Honour pleases.

75      HER HONOUR:  I just haven't got the stuff here.  Thanks.

(Short adjournment.)

76      HER HONOUR:  In order for this to have what I intended, I'm going to alter the orders I made in respect of cumulation.  So what I'll do is just repeat the sentence again, all right.  It will have the same effect.  Yes – no, you don't need to stand up.  Thanks.

77      Charge 1, you are convicted and sentenced to six months. 

78      Charge 2, convicted and sentenced to three months. 

79      Charge 3, convicted and sentenced to 18 months. 

80      Charge 4, convicted and sentenced to three months.

81       Charge 5, convicted and sentenced to six months. 

82      Charge 6, convicted and sentenced to four months. 

83      Charge 7, convicted and sentenced to two months. 

84      Charges 8 through to 22, individually, you are convicted and sentence to one month in respect of each of them. 

85      Summary offence Charge 14, one month.  Summary offence Charge 15, one month.  The base sentence relates to Charge 3, which is a period of 18 months.  Two months of the sentence imposed on Charge 1; one month of the sentence imposed on Charge 2; three months of the sentence imposed on Charge 5; two months of the sentence imposed on Charge 6; one month of the sentence imposed on Charge 8; one month of the sentence imposed on Charge 7; and one month of the sentence imposed on Charge 22 will cumulative on the base sentence, in respect of the Commonwealth offence, as I indicated, you are convicted and sentenced to a term of imprisonment of two months.  The Commonwealth sentence and the State sentence to commence today.  That should give a total effective sentence of 30 months, with a non‑parole period of 17 months.  PSD is 512 days.  The 6AAA is four years, with a minimum of 30 months.  Do the parties agree that that will have that effect?

86      MR LAWRENCE:  I just missed the early bit, Your Honour.  There was – on the State matters there was a head sentence of 29 months, with a non-parole period of - - -

87      HER HONOUR:  No, it comes to 30.

88      MR LAWRENCE:  30.

89      HER HONOUR:  I've given an extra month cumulation in Charge 6.

90      MR LAWRENCE:  So it's – so 30 months.

91      HER HONOUR:  Total.

92      MR LAWRENCE:  With a non-parole of 17 - - -

93      HER HONOUR:  Months.

94      MR LAWRENCE:  - - - months, and then with the making of the order for the PSD, then that should operate to - - -

95      HER HONOUR:  Actually it will end up being 28 months, I think.  If – if you – rather than a total of 30, I think it will end up being a total of 28, because the State sentence and the Commonwealth sentence will both commence today.  It will be concurrent.

96      MR LAWRENCE:  Yes, I think – and then I think – yes, I think Your Honour's right, because I think by my reckoning of what I've read that the – the time reckoned as served will apply to both - - -

97      HER HONOUR:  Yes.

98      MR LAWRENCE:  - - - State and Commonwealth - - -

99      HER HONOUR:  Yes, yes, yes.  No, it definitely does.  That's right.

100     MR LAWRENCE:  Yes.

101     HER HONOUR:  All right.  Now I've got these orders as well.  If there's any issue with the sentence, just bring it back later today, because I'll be here.  But I think that what I have done is the correct approach.  What's the date today, please?

102     MR LAWRENCE:  It's 6 July, Your Honour - - -

103     HER HONOUR:  The 6th.

104     MR LAWRENCE:  Your Honour, just on our adding.

105     HER HONOUR:  Yes.

106     MR LAWRENCE:  We might have missed one of the cumulations, but I've got 18 months as the base.

107     HER HONOUR:  Yes.

108     MR LAWRENCE:  And then in total, 11 months cumulation on that, if a - - -

109     HER HONOUR:  All right, let me go through it again.  18 months, righto, plus two from Charge 1.

110     MR LAWRENCE:  Yes.

111     HER HONOUR:  Gives you 20.  Plus one from Charge 2, gives you 21.

112     MR LAWRENCE:  Yes.

113     HER HONOUR:  Plus three from Charge 5, gives you 24.

114     MR LAWRENCE:  Yes.

115     HER HONOUR:  Plus one – sorry, plus two from Charge 6 - - -

116     MR LAWRENCE:  Yes.

117     HER HONOUR:  - - - gives you 26.  Plus one from eight, gives you 27, 28 – sorry, 27 – plus one from Charge 10, gives you 28.

118     MR LAWRENCE:  Sorry, I missed that one, Your Honour.  One from Charge 10.

119     HER HONOUR:  And one from Charge 17, 29.

120     MR LAWRENCE:  Yes.

121     HER HONOUR:  One from Charge 21, 30.  Is that right?

122     MR LAWRENCE:  Yes, I've misjudged it.

123     MR VELLA:  Yes, I'd misjudged it as well, Your Honour.

124     HER HONOUR:  All right, good.  Thank you.  Thank you, you're both excused.

125     MR VELLA:  As Your Honour pleases.

- - -

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