Director of Public Prosecutions v Lumber

[2018] VCC 2264

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 17-01771

DIRECTOR OF PUBLIC PROSECUTIONS

v

JONATHAN LUMBER

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Bendigo
DATE OF HEARING:
DATE OF SENTENCE:	17 December 2018
CASE MAY BE CITED AS:	DPP v Lumber
MEDIUM NEUTRAL CITATION:	[2018] VCC 2264

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 A. HASSAN
For the Accused	MR P. SMALLWOOD

HIS HONOUR: 

1.Jonathan Pinchbeck was a much loved young man.  He was central to his own young family and to the family he grew up in, as the eldest son and first grandchild. 

2.He was raised by his now heartbroken mother on her own.  He was raised to become a decent, hardworking, fun loving man that everyone who knew him wanted to be with so as to enjoy his humour and his zest for life.  Sadly, he died in his prime.  He was everything to his grieving wife and he was a devoted father to his very young son.  He had the brief joy of knowing his wife was expecting their second child; a little girl that he was never to meet.

3.On 24 December 2015, Jonathan Pinchbeck was doing the sort of thing he just did.  He returned to his workplace to help a friend by fitting tyres on a vehicle, so as that friend could enjoy the Christmas break safely.  That sort of generosity was what his family and friends saw and knew was the mark of the man. 

4.As he came from his workplace into the carpark with his two friends and chatted to them, you, Jonathan Lumber, got into your car which was parked very close by on Philips Drive.  The car was parked, there, after it had undergone repairs and maintenance.  It was a modified Nissan Patrol. 

5.Some of the modifications and servicing of the vehicle that I have just spoken of, was to the throttle or accelerator mechanisms.  The modifications significantly increased the power of the vehicle, likewise, the modifications and, in particular the servicing, significantly increased the sensitivity of the accelerator. 

6.So it was that you, Jonathan Lumber, got into your car and drove, perhaps,
30 metres in total, a good portion of that in the carpark where Jonathan Pinchbeck and his two friends Graham Gidice and Jacob Cannar were standing.

7.You knew Jonathan Pinchbeck.  He was just a few years younger than you.  You both worked in the motor mechanical industry for employers whose businesses were very close to each other.  You both had an interest in four-wheel driving and enjoyed trips together over the years.  You men knew and liked each other. 

8.When you pulled into the carpark it was, it seems, to engage and wish the others - Mr Pinchbeck and the other men - all the best for Christmas.  It was an ordinary, friendly scene in a country town with decent, young men, who would have greeted each other, said, "Happy Christmas," probably had a laugh and headed off to families for the special time family Christmases are for all of those men. 

9.But it did not end up like that.  In a very, brief moment you failed to keep proper control of your vehicle.  Either you pressed both brake and accelerator or either pressed the sensitive recently adjusted accelerator.  What occurred was that your vehicle went forward at a rate too quick for the car park space it was in, especially with the men in the group close ahead of you.  You tried to pull away and ultimately crashed into the wall of the building. 

10.The others, facing the split second, unfolding disaster, reacted as best they could.  Mr Guddice stepped out of the way so, too, did Mr Kannard, but he was clipped.  Sadly, from where he was, Mr Pinchbeck could not escape.  He was struck, causing him to ultimately hit his head on the ground.  Despite desperate efforts of all the medical staff, he never recovered and died in hospital.

11.All the evidence, especially the expert mechanical evidence, makes it clear that you were not skylarking or driving in a manner to scare, then pull up in time.  You were driving simply to speak to your friends and your control of the newly modified accelerator was not as it should have been.  Immediately after the collision, the vehicle was heard to be still revving and that continued, even after you got out of the car, yourself in shock.

12.Thus, your plea of guilty to dangerous driving causing death must be seen in the context that you had on the evidence of a viable defence that some mechanical misadventure could have been at play, resulting in this being an accident with a tragic outcome.  I will return shortly to the value of your plea.  But what flows from this brief analysis of the circumstances is that I am able to assess, as I am required to do by legislation, the gravity of the offending and, importantly, your moral culpability.

13.This task is one of the many unenviable aspects of sentencing in these type of tragic cases.  As it is often heard, judges find sentencing the hardest part of our judicial functions.  But, more than that, sentencing in cases such as these is quite simply the hardest and most wrenching of any aspect of judicial life.  I say that not for myself, but to express that it is the human aspect of sentencing that counts the most.  The things that impact on real people in their real and hard and difficult lives.

14.As I have just noted, the law requires me to assess the moral culpability of your offending in committing this crime.  That task requires a conclusion as to where the moral culpability sits relative to other relevant examples of crimes of this kind. 

15.Dangerous driving causing death is always a grave and serious crime that flows from the fundamental fact that a life has been lost by reason of dangerous driving.  The law and this court ever recognise the value and sanctity of a human life.  But the circumstances in which the life is lost, a level of dangerousness in the driving, in other words, the moral culpability of the offender varies.  Each case is a unique example of how the tragic loss of a human life unfolded. 

16.That said, and before I move to explain my conclusion as to your level of moral culpability, I need to make clear that any conclusions I come to and, especially the sentence I impose, is not the measure of Jonathan Pinchbeck's life.  His life was immeasurably invaluable to his wife, children, mother, siblings, grandparents, his wider family and his many friends.  He will be forever missed.  My sentence cannot return things to the way they were. 

17.The penalty I impose must be one that the law allows; one that is just and appropriate, taking into account all the unique human aspects of this case.  No penalty can adequately capture all the heartbreak, nor the fine qualities of Mr Pinchbeck.  Those things are central to my consideration.  But what I must attempt to do is impose punishment, taking into account all aspects of the case.  There may be no right answer but, in doing the best I can, I remain acutely aware of the grief, no doubt life-long, of Jonathan Pinchbeck's family and friends.

18.The Court of Appeal in this state has made it clear that in cases such as these, moral culpability is a critical factor in determining the just and appropriate penalty.  Thus, there is recognition by our law that some examples of this crime reveal graver disregard for other road users.  Other examples reveal momentary inattention, with tragic, unintended, almost unforeseen consequences.

19.In this case, you, Mr Lumber, did not intend any of what occurred to happen.  Also and importantly, you were not skylarking or taking risks.  You were not, as so many that come before this court, affected by drugs or alcohol.  Your dangerous driving was very brief and bound up in the circumstances that I have touched on as to the recent servicing of your vehicle.

20.Thus, your conduct of failing to operate the accelerator appropriately and safely in the tight confines of the carpark, in close proximity to the men, was dangerous driving but at the lower end of the spectrum of moral culpability.

21.However as I have made quite clear, the consequence of your failing to avoid Mr Pinchbeck has left his family and others devastated.  I need to outline that devastation, not only in my words, but in theirs.  I have read the victim impact statements more than once.  Even after years of doing just that sort of thing this was particularly hard, such is the depth of grief at the loss of such a larger-than-life young man.

22.My brief summary or quoting from the victim impact statements will not do justice to all that was written.  What also comes across is the victims' genuine feeling that words cannot truly describe the feelings that they have or the man that they knew.  They said as much in their victim impact statements.  I will mention, briefly, from some victim impact statements.  As I say, I cannot encompass all that was expressed or the feelings within them.

23.Mr Pinchbeck's partner wrote:

24."This horrific occurrence has had a significant impact on myself who, at the time, was a young, working mother of Memphis, who at the tender age at 10-months old, at the time of the accident, and Emelia was conceived only weeks before the accident.  The emotional component is, perhaps, the most complex and significant impact that I have to face and will continue to face for years to come."

25.She says, "How can I briefly summarise these and provide a brief, written snap shot?"  She starts by emphasising the initial raw and searing pain of losing Jonathan in such a tragic way.  She speaks of attending at the hospital.  In the ensuing days she felt in a deep dissociative state.  What particularly pained her and does still, was her young child innocently looking and calling out for his daddy.

26.She goes on to say that, after a few months, there was general numbness and an endeavour to, through her emotions, take a self-preservation route.  She has been diagnosed with post-traumatic stress disorder and a dissociative disorder.  She outlines that diagnosis has come from her GP and her      psychologist.  She says, "There are many factors of social impact.  They include social isolation following the accident and a general feeling of being      uncomfortable simply being out in the general public."  She had to endure many difficult things on her own.  She looked for the guiding hand of Jonathan throughout, but it was not there.  In particular, the birth and the difficulties of her daughter who was born with a left-sided cerebral palsy.

27.She continues in simple terms:  "I miss Jonathan.  He was not only my husband and the father to my children, he was my best friend, my everything.  During our many years as a couple we spent enormous amounts of time together and dedicated our lives to each other."  She is sad that he has not around.  She has watched her son "grow to be a little boy with his father's heart, full of spirit and determination," but of course, she wishes time and again, that Jonathan was there to see it.  As I have mentioned, she has had to make tough decisions and longed for his assistance to guide her on the right path.  Of course, she "misses his sense of humour, his spirit of adventure, his strong bone-crushing hugs."  She misses the little things.  She misses the plans that they had had, "the things that made us us."

28.Jonathan's mother writes that the day changed their world in a way that no one expected.  She describes the scene that unfolded.  And with great sadness, she spoke of her son "as a man with a heart of gold, who was cheeky, fun-loving, who was game to try anything and he believed strongly in family, and had a good, moral compass.  He was always there to help anyone in need, regardless of the time of day".  That is borne out in a victim impact statement I will turn to shortly.

29.His mother has suffered post-traumatic distress disorder, severe anxiety and has had two years of seeing a psychologist who has helped her cope and given her coping strategies.  However, it is extremely difficult.  She does not know how to fully explain the feelings of complete devastation.  He was their rock; "an amazing son, a man of strong values", she says, "A father, husband, son, brother, grandson, cousin, family member and friend was killed that day and we feel his loss immensely on a daily basis.

30.His sister Ashleigh writes to try to explain: "The impact of Jonathan's death is near on impossible."  She says, "Today and for the rest of my life, I am mourning the loss of my big brother, my best friend, my confidant, my protector."  She noted "how he was an amazing father and such a good friend".  She notes that "he will not be there for the mile stones," in particular, at her own wedding that approaches, "and his absence will be keenly felt" as she hoped that he could walk her down the aisle.  She says that "the hurt in the family will never be describable".  She speaks of an image that rings out, especially at this time of year.  "For the rest of our lives we'll have family gatherings with an empty chair each time we sit at the table."

31.Montana writes that her brother was the life of the family, "made everyone smile and laugh when he was around".  Her heart is broken into a million pieces, realising she would never hear his big, loud laugh.  She sees the effect upon, as did Ashleigh, on their mother.

32.Jordan writes that Jonathan was his best friend.  That he looked up to him for guidance.  They grew up in a single-parent family, so Jonathan was his male role model, alongside his grandfather.  "He taught life lessons" and he misses him every day.  "He was a huge part of the family and he loved being around everyone."  He also talks of the mile stones, small and large, "that Jonathan will not be there for". 

33.His grandparents wrote of "the utter pain and devastation" of losing the dearly loved, first grandchild.  They lie at wake wondering why - why it happened?  They think of how he was looking forward to that first Christmas with his son.  They speak of him being - "he loved being an Aussie with passion" and that, how, what he wore, prompted others to wear the same in his honour.  They spoke about special occasions; Christmas, his birthday and Australia Day.  His grandfather had retired just the day before and was looking forward to many hours together, camping, fishing and doing the things they loved to do together.  They concluded, "People say 'You will get over it'.  These people have obviously never lost someone they loved and adored.  Jonathan had so much to live for, we will love him and miss him forever."

34.His aunt speaks of Jonathan "playing a pivotal part in our family that can never be replaced". 

35.His friend in his victim impact statement, Mr Paynting, he writes the following, and, here, he writes of the help and real care, may be that many liked Mr Pinchbeck, sometimes described as "Aussie larrikins might be a bit misunderstood because it's not seen that they have deep compassion.  They might be seen to be willing to help around cars or tyres," and Mr Paynting speaks of Jonathan Lumber's deep compassion.  He said:

"During our friendship, Jonny taught me many things about life, like the importance of self-worth, values and integrity.  Jonny provided me with the ability to feel empowered, to control my life and create something that I would be proud of.  I've always struggled to feel accepted in a family-oriented environment.  Jonny took me under his shoulder and showed me what life was like, as a loved, valued member of his family.  Jonny taught me to have the ability to show love, compassion and drive."

36.     He feels that something of him has died; he struggles.

37.     As I said, these do not cover all the impact and my remarks about Mr Pinchbeck      I hope have shown is that I have taken from the victim impact statements a      sense of the man.

38.     As to your own personal circumstances, Mr Lumber, you are a hard-working,     young man.  You are, too, a husband and father.

39.     You were raised in the Bendigo area by good parents who stand by you.  You    are close to them.  After leaving school you immediately secured a trade, first,      as a plasterer, then, as a farm worker.  You moved into construction where you       worked for about eight years as a form work concreter.  This took you to many    infrastructure projects around Australia.  You drove large vehicles. 

40.     You, then, returned to Bendigo, working in the motor trade, starting at your current employer ARB Bendigo, in May of 2015.  Your employer knows of your       criminal charge and remains supportive.  Your physical health is reasonable, though, you have had a kidney removed in your early 20s.  Your mental health     is more fragile.

41.     Shortly after the collision you commenced treatment with a psychologist.  You    continued treatment, to this day for depression and post-traumatic stress     disorder.  The Medico Legal psychologist who saw Mr Cummins administered      tests to ascertain your level of depression and trauma.  His ultimate conclusion      was that you have a significant adjustment disorder.

42.     You were seen by Mr Cummins as significantly anxious and depressed.  You     were tearful in the interview and repeatedly apologised for what had happened to Mr Pinchbeck. 

43.     The most important, stabilising factor in your life is your partner.  You have been      with her for over eight years.  You have a young son together and you care for      her 11-year-old child as your own.  You do not drink and have contracted your       social engagements following the collision.  You have turned 31, being 28, at      the time of the collision.

44.     Importantly, you have never been in trouble with the law before or since.  The      point, here, is despite the fact that is often the case that otherwise good people       come before the courts for this and like offences, nonetheless, you can call on   your previous good character as evidence of your solid future prospects.  Also      your past good character is a basis for seeking a more merciful sentence than       would be the case if your past involved other examples of offending.

45.     In short, the community is more prepared to give a relatively young man a    chance if it genuinely is the first time the offender has been before the courts.       However, in my mind, the community's merciful view of things is also contingent      on whether the offender has shown true remorse and contrition.

46.     A remorseful approach by an offender is also a solid sign that the offending      conduct is unlikely to be repeated.  I have received and I accept that there is       solid evidence of deep remorse.  You expressed your disbelief and regret      instantly in    the shock of what happened in the carpark.  You have continued      to do      so as recorded by Mr Cummins.  Those who know you well, your fiancé,      your parents and good friends speak of how this tragedy affects you every day    and will do so for the rest of your life.

47.     I will mention again just some of what was said.  Your friend Merryn Wright speaks about the impact upon you, but how you keep things bottled up.       Mr Russell Andrew wrote and this was referred to by your counsel, he describe      you as a devoted family man but some days are harder than others for John,    especially at this time of the year, not a day goes by that John does not think            about his good friend Jonathan, the incident that occurred and the impact that   it has     on both his and Jonathan's family."

48.     Likewise, Tarryn McKay says, "I can tell you without a doubt, John is incredibly remorseful for causing the tragic accident that led to the death of his close friend      Jonathan Pinchbeck."

49.     Your fiancé/partner Ms Davis writes that you struggle to come to terms with       everything that has happened in the past three years.  You struggle to sleep at    night and sought out the help of doctors and therapists.  You are remorseful,      she writes, for what has happened and know that you will live with it every day      for the rest of your life.

50.     Your mother expresses that she has seen your remorse and sadness over the   past three years and how extremely regretful you are that this ever happened.     Your father, likewise, says that you have expressed great remorse and sorrow since the accident.  It has impacted upon your daily life and upon you and your young family, and some days are harder than others.  Your expressed deep            regret and remorse is to your credit. 

51.     Another difficult matter for all concerned is the unfortunate delay of three years   from the collision, until today.  On any measure that is too long.  Delay increases     anxiety and stress for all.  The criminal justice system and those of us with        responsibility of managing cases must be ever more vigilant.  Although we have      come to know and, perhaps, too readily accept that delays are inevitable, we       must never lose sight of the fact that for the families and the accused, they are            involved in one and one only case, and they cannot understand why it takes so long.

52.     The investigation, here, was delayed because the expert police are over     stretched.  They should have more resources.  However, part of the explanation     for the delay is that there was the inbuilt delay of a contested committal.  That        expensive process exhausted your funds, meaning preparation for the trial was      put on hold until Victoria Legal Aid could arrange funding. 

53.     Your first set of solicitors let everyone down.  The next set had to recover the      position.  None of that should have been necessary and it does not reflect well      on the legal profession.  In the end, your barrister gave sound advice and your   new solicitors found the right experts and the right approach.  You sought a     sentence indication and that application was granted to you on 1 October 2018.       You immediately pleaded guilty to the charge of dangerous driving causing   death.

54.     Thus, the catalogue of mitigatory factors, now, includes the particularly valuable       plea of guilty.  But also the delay, your good character, your remorse, your solid    prospects for complete rehabilitation, all these when added to my assessment    of the level of wrongfulness led me to grant the sentence indication application.

55.     Nonetheless, what cannot be overlooked is the seriousness of this crime    involving the loss of Mr Pinchbeck's life, with all the deep and enduring pain that   his death has caused to his partner and his broader family.  Denunciation of      your dangerous driving and a deterrence to others who may be minded not to   take proper care for others on the road or those around vehicles, they are            important sentencing considerations.

56.     The responsibility of each driver is to meet the expected standards of care and       to be vigilant about their vehicle and their own driving each and every minute      that they are behind the wheel.

57.     To meet the sentencing purposes of denunciation and deterrence and to     facilitate rehabilitation, our parliament in recent times has recast the sentencing      landscape by allowing sentencing judges to impose lengthier and more targeted      Community Corrections orders.  In a landmark decision of Bolton v The Queen, the Court of Appeal in this state gave guidance to judges like me as to the extent      of my discretion to impose a Community Corrections Order.

58.     It was made clear; the Community Corrections Orders were available and were       or could be imposed in serious cases, such as those involving deaths on the        road.  Such sentences could be imposed in circumstances where, in the past,     gaol terms even substantial gaol terms would have been imposed.

59.     It was emphasised that a Community Corrections Orders were punitive and no soft option.  It was an order that could advance all sentencing purposes and      benefit all, especially the community, without the need to resort to the harsh,   blunt instrument of gaol.  This was especially to be the case for first offenders.

60.     While the Court of Appeal has emphasised that it would only be in exceptional cases of dangerous driving causing death that would not see immediate gaol, it was, nonetheless, still an option if all the circumstances called for that type of   penalty that is a Community Corrections Order; they are rare.

61.     The Court of Appeal has, in very recent weeks, chosen that course and reduced      a combined nine-month term of imprisonment, combined with a two-year     Community Corrections Order that was reduced by the Court of Appeal to a two-year Community Corrections Order alone, on the basis that the gaol        component was not just excessive punishment, but manifestly excessive.  In            that case of Bell v The Queen, the Court of Appeal said, again, that if the key   factors of low moral culpability was also combined with powerful matters in       mitigation, then, a Community Corrections Order alone was well open.

62.     The court, there, referred to the well-known decisions of Whyte in New South     Wales, as adopted by our Court of Appeal in the DPP v Oates, and also in the   decision of Needling, and it did so in the following terms said this:

"General deterrence must be given considerable weight in sentencing an offender for dangerous driving causing death.  A person who kills another while driving dangerously is likely to receive a significant term of imprisonment.  The sentence which is imposed must take account of variation in the moral culpability of the person responsible.  A custodial sentence will usually be appropriate for this offence, except in cases where the offender's level of moral culpability is low."

63.     It went on in Needling to cite from Whyte in New South Wales, again, noted the Court of Appeal decision in Oates, it said:

"In determining the appropriateness of full time custody and the length thereof, the sentencing judge must give close attention to the degree of moral culpability involved.  This is a critical component of the objective circumstances of the offence."

64.Sentencing judges like myself at first instance have, in rare cases imposed Community Corrections Orders alone.  They key is, as I have noted, the low level of moral culpability combined with great remorse and good prospects than other aspects in mitigation.  As I have made clear, those features are very much to the fore in this case.

65.Having concluded in accordance with the provisions of the Sentencing Act that the sentencing purposes that I have articulated could be met by punishment other than immediate imprisonment, I was and am compelled not to impose a term of imprisonment.  The Community Corrections Orders necessarily must be lengthy and onerous so as to denounce and deter.  In this case, given all your personal circumstances, especially your own lengthy involvement in dealing with your mental health, there is nothing to be gained by any programmed conditions beyond supervision.

66.Thus, I have not had you assessed as the amount of unpaid community work is within the hours allowed by s.8A of our Sentencing Act.  Thus, your Community Corrections Order, Mr Lumber, will involve onerous work and lengthy supervision.  Can you, please, stand?

67.For committing the crime of dangerous driving causing the death of Jonathan Pinchbeck, you are convicted and place on a Community Corrections Order for four years.  You must do unpaid community work in a total of 300 hours and you must be under supervision for the whole time of the Community Corrections Order. 

68.Had you pleaded not guilty to these offences, I would have imposed a sentence of three years with a minimum of 18 months.  In consideration of the mandatory disqualification of your licence and all the circumstances, I impose 18 months as the term of the disqualification and cancel of your licence.

69.Prosecution sought from you a forensic sample, a scraping from your mouth, so that your DNA can be placed on the databank.  You, through your counsel, opposed that order been made.  However, in the circumstance this is a grave and serious offence.  Notwithstanding your own good character and unlikelihood of reoffending, I intend to grant that application and you will be required to provide a forensic sample.  What I need to explain to you is that when you go to have that forensic sample taken, you must cooperate with those that are there to take it, otherwise they are authorised to use reasonable force to get the forensic sample from you.  Do you understand?

70.OFFENDER:  Yes, sir.

71.HIS HONOUR:  There will be a document that'll be provided to you in relation to that in due course.  Is that document with my associate?

72.TIPSTAFF:  Just one moment.  I'll just (indistinct).

73.HIS HONOUR:  Thank you, is there anything further required?

74.MS HASSAN:  No, Your Honour.

75.MR SMALLWOOD:  No, Your Honour.

76.HIS HONOUR:  Thank you, you can be seated, Mr Lumber.  There's a document that will set out your Community Corrections Order.  If you consent to it and sign it, then, you will commence that order.

77.MR SMALLWOOD:  As the court pleases.

78.HIS HONOUR:  Mr Lumber, the community corrections order that I've imposed is lengthy.  It starts, today, and goes until 16 December 2022.  The conditions that apply to a community corrections order, there are a number of them that are mandatory on all community corrections orders.  They apply to everyone and they apply to you.

79.The first of those is critical:  You must not commit any offence for which you could be imprisoned during the time that the order's in force.  You should consider that almost every offence you can think is punishable by imprisonment, even if the magistrate mightn't impose that.  Key is that if it'll breach this order, and the mercy shown to you will not be repeated.  That applies particularly to you in respect of driving, you cannot drive for 18 months.  Should you do so, it will breach this order.

80.OFFENDER:  Yes.

81.HIS HONOUR:  You must comply with the obligations and requirements under the Sentencing Regulations.  They'll need to be able to identify you.  I'm told that you've got to comply with them taking photographs in otherwise identifying you.

82.You must report to and receive visits from the Office of Corrections.  You must report to the Community Corrections Centre, here, in Bendigo within two clear working days of this order starting.  You must let the Community Corrections officers know in two clear working days, if you change your job or your address.  You can't leave Victoria without getting permission to do so and you must obey all lawful - there are instructions and directions from the Office of Corrections.

83.The conditions that apply to you specifically in addition to those mandatory ones, are that you must perform 300 hours of unpaid community work over the four years as directed.  Let me just pause - that's not voluntary.  You understand that you must be there each and every day you are required.  You must stay until the work is done.  It's not a matter of "I've got to do other work or other things".  You must do it and you must be under the supervision of the Community Corrections Office for that period of time. 

84.They will need to know what's happening in your life.  There'll be appointments, telephone calls, all sorts of things.  It's supervision in the community, rather than in the prison.  If you sign that that'll bring that matter to an end.  Can you take that to him (indistinct)?

85.Still on the order that I have signed relating to the forensic sample, you have to read that carefully.  What you're required to do is report to the officer in charge of the Bendigo Police Station to have that done.  But you've got to wait for a window to open.  So after four weeks have passed from, now, then, you've got 28 days in which to get it done.  You follow that?

86.OFFENDER:  Yes.

87.HIS HONOUR:  Thank you.  There's nothing further?

88.MS HASSAN:  No, Your Honour.

89.MR SMALLWOOD:  No, Your Honour.

90.HIS HONOUR:  Just take pause to thank counsel for their considerable assistance in a difficult matter.  So thank those victims who it's not an easy thing, I can see, to read their victim impact statements.  But judges really have learnt from victims about the impact via courage of those that rise and read them out, and I'm grateful to you all.

91.I am grateful to the police officer in this case for his efforts.  I think the words I said about being under-resourced should be taken up.  And I thank all those in court, here, for the dignity that they have shown in difficult circumstances.  Thank you.

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