Director of Public Prosecutions v Long (a pseudonym)
[2015] VCC 1296
•17 September 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BALLARAT
CRIMINAL DIVISION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RYAN LONG [a pseudonym] |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Ballarat | |
DATE OF HEARING: | 25 August and 14 September 2015 | |
DATE OF SENTENCE: | 17 September 2015 | |
CASE MAY BE CITED AS: | DPP v Long (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1296 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Mr A. Moore | Office of Public Prosecutions |
| For the Accused | Mr R. Kelly | Mike Wardell Solicitors |
To ensure there is no possibility of identification, this sentence has been anonymised
by the adoption of pseudonyms in place of names of the accused and victims
HER HONOUR:
1 Ryan Long,[1] you have pleaded guilty to one charge of rape. The maximum penalty applicable to that offence is 25 years’ imprisonment.
[1] Ryan Long is a pseudonym.
2 This crime arises out of events which took place between yourself and the complainant, Kiara Brigham,[2] on 10 August 2013.
[2] Kiara Brigham is a pseudonym.
3 It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter having been opened in some detail by the learned prosecutor. I proceed to sentence you on the basis of the facts as so summarised by the prosecutor and discussed during the course of your plea hearing. It is sufficient, for present purposes, to simply say the facts in this case are most serious. Your behaviour was obviously quite unacceptable.
4 I turn to a brief summary of your offending. The complainant, Kiara Brigham, was 18 years of age at the time of this offending and you were 24 years of age. You and Kiara Brigham had known each other before this offending, but on a casual basis.
5 You became friends with Daniel Paulson[3] and his sister Esther Paulson[4] between 2011 and 2013. On Friday, 9 August 2013, Kiara Brigham travelled to Melbourne with Daniel Paulson and Esther Paulson, intending to have a night at Crown Casino and night clubs. Daniel Paulson contacted you and invited you to join them in Melbourne and it was arranged they would meet you when they arrived.
[3] Daniel Paulson is a pseudonym.
[4] Esther Paulson is a pseudonym.
6 The girls booked a room for all four of you in City Road, Southbank. It was agreed that you and Daniel Paulson would sleep in the bunk beds, and Kiara Brigham and Esther Paulson in the double bed.
7 On the Friday evening, your friends arrived in Melbourne and checked in at the hotel. A little later they met you and went to Crown Casino and various night clubs within the complex. During the night and the early hours of the following morning, each of you drank a large quantity of alcohol.
8 At one stage you purchased Ketamine, and you and Daniel Paulson consumed it. All four of you continued to drink, dance and socialise until about 4.30am on the morning of Saturday, 10 August 2013, before returning to your accommodation.
9 Kiara Brigham and Esther Paulson arrived at the room before you and Daniel Paulson. Kiara Brigham took some of her clothes off, leaving her underwear and bra on, got into bed and pulled the bed covers over her.
10 A short time later you and Daniel Paulson arrived at the room. You lay on the bed with Esther Paulson and Kiara Brigham. Not long after that, Kiara Brigham fell asleep still wearing her underwear and bra with the bed covers over her body.
11 Sometime later Kiara Brigham woke to a sharp pain in her stomach. She felt a penis inside her vagina and someone thrusting from behind her. That person was you.
12 Kiara Brigham rolled onto her stomach and tried to push you away. She said “Stop, get off me”. You continued to thrust your penis in and out of her vagina and she could hear you laugh. As Kiara Brigham was exhausted and still intoxicated she could not stop you and was unable to move from the position she was in. She then passed out.
13 When Kiara Brigham woke the bathroom light was on, the tap was running and she could see someone in the bunk bed, but could not see who it was. She felt pain in the upper inside region of her thighs and noticed her underwear had been removed and her bra undone. She fell back to sleep.
14 At approximately 9.30am that morning Kiara Brigham was woken by Esther Paulson. Daniel Paulson and you were still in the room. Kiara Brigham asked Esther Paulson for her clothes and Kiara Brigham got dressed under the sheets. When you and Daniel Paulson left the room, Esther Paulson said to Kiara Brigham “apparently you had sex with (you) last night”. Kiara Brigham replied “That’s not what happened at all. I was unconscious when it happened.” Kiara Brigham told Esther Paulson “I woke with him on top of me”, to which Esther Paulson replied, “that’s fucked”.
15 Later that day, Daniel Paulson and yourself drove back to Ballarat. Kiara Brigham and Esther Paulson returned to Ballarat by train.
16 In the early hours of Sunday, 11 August 2013, Kiara Brigham told her friend, Bridgette Stanford,[5] she had been raped. She also told her mother she had been raped. Ms Brigham urged her daughter to tell the police and she did. Kiara Brigham attended Ballarat Health Services Emergency Department for an external physical examination which revealed a bruise on her inner thigh.
[5] Bridgette Stanford is a pseudonym.
17 On 2 October 2013, you attended at the Ballarat police station and participated in a record of interview. During the interview you made numerous admissions (para 18 Prosecution Opening (Exhibit A)).
18 During that interview you discussed the sexual intercourse you had with Kiara Brigham. You said you remembered:
“… waking up and I thought I was having sex but not really having sex. I was inside someone and I assumed it was Esther. I just sort of grabbed this person and I was like, ok, I’ll go with it for a second. And then I pulled down the sheet a bit and I seen a tattoo and I know Esther doesn’t have any tattoos and then I freaked out for a second and went into the bathroom. I didn’t say anything to Kiara.”
You further said:
“I didn’t really think anything too bad of it. I did at the start, but it was like, I don’t know, we hung out for the whole next day and went to Time Zone and had a good day.”
19 Regarding sexual intercourse with Kiara Brigham you said, “As soon as I realised it was her I, like, sort of stopped and I don’t even know why I didn’t say anything to her like, you know, she didn’t seem to be awake.” You said “I actually thought I was having sex with Esther in the morning”.
20 The prosecution case is that Kiara Brigham did not consent to sexual contact with you and that she was asleep, or so affected by alcohol, as to be incapable of fully agreeing to having sexual contact with you. Further, the prosecution says you knew you were penetrating Kiara Brigham and either knew she might not be consenting, or did not give thought to whether she was consenting or might not be consenting. You ceased penetration soon after Kiara Brigham told you to stop.
21 There is nothing about the circumstances of this offending in my opinion that does you any credit at all.
22 As I discussed with your counsel, Mr Kelly, at some length during the course of your plea hearing, I have concerns about your account of having sexual intercourse whilst you were apparently asleep, as suggested in some of your answers in the record of interview. Even accepting that you were intoxicated and, possibly although unclear, affected by Ketamine, you saw an opportunity thinking Esther Paulson was being flirty with you, to take a chance in having sexual intercourse with her that night only to find out it was someone else. None of this puts you in a good light at all.
23 An aggravating feature of your offending, as I discussed with your counsel, was your failure to wear a condom when you penetrated Kiara Brigham (see R v Khem[6]).
[6] [2008] VSCA 136
24 There is no doubt the victim of your offending, Kiara Brigham, has suffered considerably and I shall return to pass some remarks on that subject shortly.
25 As has been pointed out by your counsel, there are some mitigating factors. You have pleaded guilty to this charge and are entitled to have that fact taken into account in your favour, and I do so. The community has, by your plea, been spared the time and cost of a trial, and witnesses, and in particular I refer to Kiara Brigham, have been spared the ordeal of having to give evidence upon your trial. I do note, however, there was a contested committal, at which time Kiara Brigham was cross-examined, although I accept the cross-examination was not "rigorous", rather respectful to Kiara Brigham, as penetration was not an issue.
26 Your plea of guilty was entered at the door of the Court as your trial was about to commence. It was, therefore, entered late. However, this matter has ultimately resolved, and such is relevant in mitigation of sentence, as I have said.
27 In the circumstances, I am prepared to accept that, in your case, your plea of guilty indicates remorse for your actions. I am further satisfied, on the evidence before me, that you have shown remorse for your offending in text messages sent the following day to Esther Paulson, and your attempted suicide in April this year as a result of the remorse, in part, for this offending.
28 You do not have any prior court appearances, and I note your two subsequent appearances do not relate to similar, ie: sexual offending.
29 Your counsel provided an outline of submissions in relation to sentence (Exhibit 1), to which I shall later refer, and also a chronology (Exhibit 2). At sentence you are 26 years of age.
30 Your parents separated when you were 6 weeks old and you do not have any siblings. You grew up in the Clunes/Carisbrook area.
31 You attended Primary School, then College for Years 7 to 9 and completed VCE in 2007.
32 You were employed after leaving school at a vineyard, then from 2009 to 2011 you worked at a café in Maryborough, a business operated by your mother. From 2011 to 2013 you were employed by an uncle as a trades assistant and you obtained a Certificate III in Civil Construction. From 2013 until May 2015 you worked as a machine operator with.
33 Most recently since May 2015, you have been living with your mother and your partner.
34 On 18 April 2015 you contemplated suicide by jumping from a bridge and, as a result, were admitted overnight on a voluntary basis to the psychiatric ward of the Austin Hospital. As a result of that, you took unpaid leave your employment.
35 There was a Discharge Summary before me from Austin Health (Exhibit 3) prepared by Janet Gunsser, following your admission on 19 April 2015 at 1.58am. That Summary referred to you attempting suicide by jumping off a bridge with a noose around your neck, however, were stopped by a passer-by. Your blood alcohol level was .075. You had left a suicide note in the car. You reported low mood, poor sleep, helpless themes over the past few months, having been charged with rape. You reported no recollection of the incident. You were also not motivated by your then employment.
36 Reference was made in that Summary to your then “recreational” use of alcohol and cannabis from the age of 13 to 19, ketamine and “recreational” MDMA. I have some concern regarding that description as "recreational" drug use. Reference was made to you having been charged with rape and police involvement, which you described as traumatic and having changed your life. You described being anxious and depressed for approximately two years, although, it would appear, were not willing to take anti-depressants. You were described initially as at moderate risk of suicide, vulnerability and substance abuse. You were discharged on 20 April 2015 at 9.32am.
37 There were also a number of references before me. One was from Noel Laidlaw dated 18 August 2015. He had known you for approximately 15 years. For two years you worked with him in a vineyard. He described you as an honest and reliable employee, helpful and resourceful, never shirking your responsibilities. He was surprised to hear of this accusation as it was out of character for you. He said you had always been a kind, decent person, highly respectful of women. He described you as having been in a healthy and loving relationship for a number of years.
38 There was also a reference from your uncle dated 23 August 2015. You had previously worked with him in the aged care industry for about three years. He described you as respectful, courteous and that the clients held you in high regard. You and he had a great relationship and he had always held you in high regard. This offending was out of character. He had always known you to be kind and respectful, putting other people first.
39 There was also a reference from Stephen Maciver, undated. You had worked with him for two years. He described you as having outstanding work ethics and your personality made the working environment vibrant. Over the years, he had become good friends with you and your partner. He confirmed you took sick leave in May 2015 as a result of the stress of this offending. Your position had been held pending this Court hearing.
40 I am satisfied you have good prospects of rehabilitation. You have the support of your mother and partner and live with them both. They are aware of your hospitalisation following your attempted suicide. Both provide you with residential and financial support. In addition, you have had employment in the past and, hopefully, will be able to recommence that employment in the near future. Your partner is also aware of this offending.
41 Your counsel also provided written submissions relevant to sentence. I have read those and discussed them with him during the course of your plea hearing, which includes reference to your subsequent Court appearances, which do not do you any credit, however I note do not involve offending similar to that currently before me.
42 Mr Kelly urged that taking into account all relevant sentencing considerations, including the circumstances of this offending, I could find there were exceptional circumstances which did not warrant an immediate term of imprisonment be imposed for this serious offence of rape, and that I could impose a community correction order. In that regard he referred to R v Boulton & Ors[7]. As I discussed with Mr Kelly, I am conscious of that and subsequent decisions relevant to it from the Court of Appeal including DPP v Maxfield[8], Alam v The Queen[9] and Hutchinson v The Queen[10].
[7] [2014] VSCA 342
[8] [2015] VSCA 95
[9] [2015] VSCA 48
[10] [2015] VSCA 115
43 I did not, however, understand Boulton to state that s.5 Sentencing Act 1991 no longer applied, nor did I understand Boulton to mean or intend that previously stated principles relevant to particular types of offending amounted to nought, nor did I understand Boulton to remove the instinctive synthesis when sentencing. Each case must be determined on a case by case basis and it has always been that a term of actual imprisonment must always be the last resort of the Court.
44 I turn to the offence of rape. As I have previously stated, the maximum penalty for this offence is 25 years’ imprisonment, which reflects the seriousness with which Parliament regards this offending. A number of other authorities have also referred to the seriousness of the offence of rape and appropriate penalties. In that regard I refer to R v BW[11], R v Soo[12] and DPP V Sims[13]. I have read those authorities and I discussed them briefly with counsel.
[11] [2007] VSCA 171
[12] Court of Appeal, unreported, 30/10/1997
[13] [2004] VSCA 129
45 Sims case confirmed the seriousness with which the courts regard the offence of rape. Referring to R v Schubert[14], Brooking JA said at paragraph 20:
“My own view is that, generally speaking, a digital rape (I digress – not the allegation here) should result in an immediate custodial sentence of substantial duration and that the sentences should ensure that a substantial part of that sentence will be actually served. Of course, there are no absolute rules but, generally speaking, notwithstanding a plea of guilty, previous good character and genuine remorse, a rapist, whether the rape is digital or of a different kind, stands in very grave danger of an immediate custodial sentence.”
[14] [1999] VSCA 25
46 In that same case, President Winneke stated:
“… there will be very few crimes of rape, digital or otherwise, which in my opinion will warrant a non-custodial sentence”
47 Referring to DPP v Fellows[15], Chief Justice Phillips stated:
“The setting in which non-custodial sentences for rape should be imposed is to be described as ‘in exceptional circumstances’”.
[15] [2002] VSCA 58
48 In R v Mason[16], President Winneke stated that:
"The crime of rape, whatever the circumstances, and upon whomsoever committed, is regarded by the courts as a grave insult to its victim and a crime which can rarely give rise to a non-custodial sentence.”
[16] [2001] VSCA 62
49 It is clear from authorities, including Soo and BW, that there may be factual circumstances which can lead the Court, after careful analysis, to a sentence for rape which does not require any of the sentence to be immediately served. Such cases are rare. Whilst the importance of general deterrence is clearly significant, other factors also enter into the sentencing equation.
50 I have given this matter anxious consideration and, of course, am not bound by the submissions of the learned prosecutor. In that regard, Mr Moore on behalf of the prosecution submitted that, given the entirety of these circumstances, including your lack of prior criminal history, the prosecution submitted a community correction order would be within the range of appropriate dispositions for this offending.
51 There was a Victim Impact Statement before me from Kiara Brigham. There is no doubt Kiara Brigham has suffered considerably in the manner described in her statement. Kiara Brigham described that after your offending she became suicidal and that her self-worth was non-existent. She did not have any enjoyment in life and was constantly anxious. She had difficulty maintaining relationships, not only with friends and family but with boyfriends. She found it difficult to handle affection. She had difficulty sleeping because she often relived your offending. She could not eat, became ill and her mental health went downhill. She returned to using drugs to help her cope. The effects upon her and her family had been painful.
52 Kiara Brigham described the physical impact of your offending and the bruises on her legs and inner thighs as a result, which took approximately two weeks to disappear. In that time they were a reminder of what you did to her. She had received psychological treatment for depression, anxiety and paranoia and had been described medication.
53 A number of authorities have referred also to the effects upon a victim of sexual offending, including DPP v Toomey[17], in which his Honour Justice Vincent referred to the notion of social rehabilitation, citing DPP v DJK[18].
[17] [2006] VSCA 90
[18] (2003) VSCA 109, paras [17] & [18]
54 The effects upon a victim are a relevant sentencing consideration (see s5 Sentencing Act 1991). I am conscious, however, that I must not allow the effect upon the victim to swamp the sentencing process.
55 I arranged to have you assessed for your suitability or otherwise for a community correction order and received a report prepared by Prudence Rayner, which indicated you were suitable for such an order, should I determine such was appropriate.
56 As well as matters personal to you, to which I have referred, including your prospects of rehabilitation, I must also take into account matters such as deterrence especially general deterrence, which is of considerable importance in a matter such as this.
57 There is also the need for specific deterrence, however in that regard I note your lack of prior criminal history.
58 I must also consider the question of protection of the community from you and bear in mind the likelihood of your re-offending. This concerns me, however, I am comforted by your reduction in alcohol/drug use. Your remorse gives me further comfort regarding the need to protect the community from you.
59 I am also called upon by the Sentencing Act to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
60 Having considered all sentencing options available to me, I have determined a community correction order is appropriate, however I can only impose such an order if you agree to be bound by the conditions of that order. I, therefore, need to tell you something about the order for you to be able to make a decision as to whether or not you consent to that order. So you need to listen very carefully.
61 First of all, the order will be with conviction and for 4 years from today’s date.
62 I propose there be a number of conditions that apply to this Community Correction Order and you need to listen very carefully to these, because these conditions apply to you.
63 Firstly, there are the core conditions.
·You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
·You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the Order.
·You must report to the Community Corrections Centre at 206 Mair Street, Ballarat within 2 clear days, specifically by 4.00 pm on 18 September 2015, which is tomorrow. If you are late, you breach the order and you see me again. It will not be a good experience.
·You must notify the Secretary, or his or her nominee, of any change of address or employment within 2 clear working days after that change.
·You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.
·You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the Order.
64 In addition, there will a number of other conditions attached to the Order, and these also apply to you:
· You have to perform 300 hours of unpaid community work over a period of the first 18 months as directed by the Regional Manager (s48C).
· You must be under the supervision of a Community Corrections Officer for a period of 48 months.
·You are required to be supervised, monitored and managed as directed by the Secretary, or his or her nominee (s.48E). That is for the duration of the order.
· You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager (s48D(3)(a)).
· You must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the Regional Manager.
· You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager (s48D(3)(e)).
· You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager, and I specifically refer to the Sex Offenders Program (s48D(3)(f)).
· I direct that any non-compliance of these conditions is to be notified to me immediately (s.48(1)). I will then determine if the matter should be brought back before me. So a little bit of explanation. One failure to comply with any of those conditions I want to know about it and I do not expect you to tell me. Corrections will send a letter to Ms Jackson saying "Listen here, judge, did you know about this?", and I will then decide whether or not I want this matter brought back before me.
· But you do have an appointment with me for judicial monitoring to review your progress and comply with the conditions on 23 June next year at 9.30 am at this court (s.48(k)). So I will see you there then. Hopefully on that date it will be a quick hearing. If everything is going well I will say "Good to hear, off you go, see you in a year's time." If it is not going well there is a good chance you will see me before then.
65 I can only impose a community correction order if you agree to such an order being imposed. So I have to tell you even more about it.
66 If you contravene or breach that order by committing further offences you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach (See s.83A(d)).
67 You can also be re-sentenced for the offence that is before me. One of the options available includes a term of imprisonment (s.83A(s)). I can guarantee that if I have to re-sentence you for this offending there is only one way to go and that is up, which means jail, up in severity, there is only one place to go.
68 So you have to be extra careful for the next 4 years. No committing any further offences that might incur a term of imprisonment, otherwise you are back before the Court and me and you will be re-sentenced on the charge before me. So you have to be extra careful for the next four years, no committing any further offences that might incur a term of imprisonment, driving whilst disqualified I think can still be such an offence and you might see me again. You are going to have to be very, very careful. Otherwise you are going to come back to court and you will see me, not another judge, this is my order, I sentence you again, not someone else. You do not get to try it on people. Do you follow? You are going to have to be careful.
69 I also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Corrections officer worker, or if you like, as part of this order, you can be fined (See s.83A(e) and A(f)).
70 Now you are aware of all of that?
71 Are you aware of all of that? Do you want to go and have a chat, Mr Kelly? Because I am going to ask him if he consents to the order being made in those terms sought.
72 MR KELLY: Yes, Your Honour.
73 HER HONOUR: I note you have signed consenting to the making of such an order before the assessing officer, Ms Rayner, but I have to also ask whether or not you consent to the order being made in all those terms with all those conditions both core and otherwise that I have just outlined to you. Before you answer, think carefully. Do you consent to the Order in those terms?
74 PRISONER: Yes, Your Honour
75 HER HONOUR: Yes, very well.
76 I, therefore, make the order in the following terms:
77 You are convicted and sentenced to a Community Correction Order for 4 years with all the conditions, both core and additional, to which I have previously referred and I do not intend to repeat them again.
78 Having imposed the sentence, I regard that sentence of a Community Correction Order for 4 years as very, very lenient. As I have referred to in my reasons for decision, there should be exceptional circumstances for an immediate term of imprisonment to not be imposed for the offence of rape. I am, in the circumstances of your case, prepared to accept there are exceptional circumstances, which include your young age, lack of prior criminal history and non-relevant subsequent offending, that is, not sexual, your rehabilitation prospects and the prosecution concession that a community correction order would be within the range of appropriate dispositions.
79 I cannot stress enough that you will need to be very careful in the future that you do not re-offend in a similar way. A bit of friendly advice, when you are having sex ensure consent is in clear, unequivocal terms, and please avoid suggesting that you were asleep when you were having sex.
80 Pursuant to s6AAA Sentencing Act 1991, had you been found guilty of this offence following jury verdict, in other words, if you had pleaded not guilty and been found guilty of this charge, I would not have imposed a Community Correction Order, rather, I would have sentenced you to a term of imprisonment of 6 years and directed that you serve a period of 4 years before being eligible for parole.
81 Pursuant to s.18(4) Sentencing Act 1991, I declare you have not spent any days in custody by way of pre-sentence detention should I need to revisit this sentence, which of course I hope I do not. Beware, of course, I will need to revisit this sentence if you breach the Community Correction Order.
82 The prosecution made application pursuant to s464ZF Crimes Act 1958 for a forensic sample. Your counsel, Mr Kelly consented to such an order being made, and I make the order in the terms sought based on the seriousness of this offending It will be for a saliva sample, and I must inform you the authorities may use reasonable force in order to obtain that sample.
83 By virtue of you being found guilty of the offence of rape, I must also consider whether or not you are to be on the Sex Offenders Register pursuant to the Sex Offenders Registration Act 2004. On balance, but only just, I have determined I will not make that order. The making of such an order is discretionary. I regard my conclusion in that regard, as also extremely lenient.
84 Before you leave this court room, Mr Long, you might think you have had a great day today; I think you have. It will turn into a very unhappy experience if you breach this order in the next four years and if you see me again. A little statistic that might interest you, in 10 years that I have sat as a judge and at times been in charge of the sex offences list, taking care of sentencing sex offenders, you are the second person, only number 2, that I have not sent to jail for rape. In other words, I have only ever given a community disposition once before. Mr Kelly might explain that that is significant. Because if I see you again and I have to re-sentence you on this charge of rape, you will go to jail. Learn from the experience, do not come back.
85 Are there any other orders?
86 COUNSEL: No, Your Honour.
87 HER HONOUR: No, all right. Can I thank you both for your assistance during this matter?
88 COUNSEL: Thank you, Your Honour.
89 HER HONOUR: I was correct about the PSD, wasn’t I?
90 COUNSEL: Yes, Your Honour.
91 HER HONOUR: Yes, good. Very well. What I am going to do is - these documents - you can go back and speak to Mr Long. He's being asked to sign the Community Corrections Order.
92 MR KELLY: Yes, Your Honour.
93 HER HONOUR: You know what that's all about, don't you?
94 MR KELLY: Yes.
95 HER HONOUR: Can you just make sure he understands that he has to attend by that specific time and date at Mair Street, that address that I mentioned before.
96 MR KELLY: Yes, Your Honour.
97 HER HONOUR: And if you could just do that, that would be great. If you want to go back while that happens, it's up to you.
98 HER HONOUR: I have to sign this document here. Very well, Mr Long has signed that. I think that's that. Thank you both.
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