Director of Public Prosecutions v Mallia

[2021] VCC 1086

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-01093

Indictment No: M10425316  

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRILEY MALLIA

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JUDGE:	HER HONOUR JUDGE CARLIN
WHERE HELD:	Melbourne
DATE OF HEARING:	2 August 2021
DATE OF SENTENCE:	4 August 2021
CASE MAY BE CITED AS:	DPP v Mallia
MEDIUM NEUTRAL CITATION:	[2021] VCC 1086

REASONS FOR SENTENCE

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Subject: Criminal Law

Catchwords: Aggravated burglary, make threat to kill, damage property, assault emergency worker on duty, commit indictable offence on bail, youthful offender, remorse, no prior criminal history, rehabilitation, early plea of guilty, Akoka Time, Koori Court.   

Legislation Cited: Sentencing Act 1991 (Vic)

Cases Cited: Bugmy v The Queen [2013] HCA 27; Azzopardi v The Queen [2011] VSCA 372; Worboyes v The Queen [2021] VSCA 169; Akoka v The Queen [2017] VSCA 214.

Sentence: Convicted and Sentenced to 81 days imprisonment combined with a 12 month Community Corrections Order with special conditions imposed: Supervised, 150 hours of unpaid community work, undergo assessment and treatment for drug and alcohol abuse, undergo assessment and treatment at a residential facility, undergo mental health assessment and treatment as directed, undertake rehabilitative programs as directed and undergo judicial monitoring. 6AAA, Sentenced to a total effective sentence of imprisonment of one year with a two year corrections order.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms H. Baxter	Office of Public Prosecutions
For the Accused	Mr A. Cameron	Matthew White and Associates

HER HONOUR:

1Briley Mallia, in the early morning of 28 February 2021 you terrorised your aunt, Catherine Mallia, who was your father’s sister, and her young children. 

2The day before you were at your grandmother’s house, Iris Wise, in Long Gully, where you had been drinking during the day and night.

3At around 10 o'clock on the night of the 27 February 2021, your aunt, came to collect you and take you back to her place.  It seems that this was as a result of your behaviour becoming unacceptable at your grandmother's place.

4At the time you were taken back to your aunt's house, you were clearly intoxicated and you continued to drink and smoked cannabis.  Your aunt tried to calm you down as you were quite agitated.

5At some point you threw a can of alcohol at your aunt, hitting her on the arm, which she had held up to protect herself.  You began insulting your aunt and her partner, and also saying hurtful things to her.  You repeatedly told her that she was not worth anything to your father, who was her brother.

6Your aunt asked you to stop drinking.  You told her that you were going to leave the house, her house, and you did leave.  She was so worried about your behaviour that she locked the door as soon as you left.  You then started hitting the door in an attempt to get back inside the house, and you told her you were going to kill her.

7You also started smashing items outside of the house, including toys belonging to her children, your cousins, who were aged fourteen, six, five and three.

8You began hitting the front window of the house with your arms, legs and head causing it to smash.  You then picked up a piece of the smashed glass, held it to your neck and while looking through the smashed window again told your aunt that you were going to kill her.

9Your actions were so frightening to your aunt that she grabbed her children and took them to the back of the house and hid them in cupboards.  You managed to get into the house through the smashed window, bleeding from the injuries you had sustained from smashing it.

10When you were in the house you rubbed your blood onto the walls and  continued to abuse your aunt.  Rubbing your blood on the inside of the house was offensive and disdainful conduct towards your aunt.  She told you that you needed to get help.

11She took her children and her partner to her bedroom and locked her door.  You tried to get into her bedroom and again told her you were going to kill her.  At this point she called the police and you then fled on one of her children's bicycles.

12When Police attended they found you bleeding badly in the middle of the road and called for an ambulance.  When the ambulance arrived and paramedics commenced treating you, you became agitated, and paramedics asked for you to be handcuffed.

13You threatened and abused the paramedics who were only trying to help you.  You resisted being handcuffed and swung out and hit a police officer in his lower lip and chin area and continued to try and get up off the stretcher.

14Because of your behaviour you were medically sedated.  In the early morning of the 28 February 2021, you were returned from hospital to police custody.  You were then interviewed and you told police that you did not remember anything about the night.

15When the allegations were put to you, you told them that you felt sick about it.  You were then remanded in custody, where you spent 81 days, before you were released on parole. 

16As if your actions on that night were not bad enough, you were also on bail at the time of that conduct.  You had been bailed from the Kerang Magistrates' Court on 7 December 2020 for offences including theft of motor vehicle. 

17On 2 August 2021 you pleaded guilty before me to three charges on an indictment.  The three charges were aggravated burglary, comprising entering as a trespasser into your aunt's place with intent to commit an offence involving an assault on a person therein, and knowing that at the time there was a person present inside the house.

18That charge of aggravated burglary is punishable by a term of imprisonment of 25 years.  The second charge on the indictment was a charge of making a threat to kill your aunt, intending she would fear that it would be carried out, and that covers the three separate occasions where you threatened to kill her.  That charge is punishable by a maximum term of imprisonment of ten years.

19The third charge on the indictment was a charge of criminal damage relating to you smashing the window and that charge is punishable - or that offence rather, by a maximum term of imprisonment of ten years.

20You also pleaded guilty before me on that day to two related summary offences, one being assaulting the police officer who was trying to put handcuffs on you, he being an emergency worker on duty, and that charge is punishable by a maximum term of imprisonment of six months.

21And secondly, to committing an indictable offence, being the aggravated burglary whilst you were on bail.  That charge is punishable by a maximum term of imprisonment of three months.

22A plea on your behalf was conducted before me on that same day and it now falls to me to sentence you for your conduct.  Your counsel, Mr Cameron, submitted that a combination sentence being a combination of a term of imprisonment and a community corrections order, was appropriate and within range.

23Further to that, Mr Cameron submitted that the term of imprisonment should be no more than the 81 days you have already served.  The prosecutor,
Ms Baxter, did not disagree that a combination sentence was an appropriate disposition in your case.

24In arriving at an appropriate sentence I am required by law to have regard to a variety of sometimes countervailing factors.  Some tend towards leniency and some point the other way.  No one factor automatically prevails over any other, rather I must have regard to them all and give each one the weight it deserves to arrive at a just sentence.

25The first matter that I must have regard to is your personal circumstances and background.  These were set out in various documents, including the defence submissions filed, an affidavit from your mother, Melissa Farrell, an affidavit from Mr Larter, who is the assistant manager at Odyssey House, and a report from Dr Ong, who is a forensic psychiatrist. 

26You are a 21 year old Wemba-Wemba man.  Your grandmother is a Wise and the Wise are a big Aboriginal family in Swan Hill.  You were 21 at the time of the offending.  You were born on 20 December 1999 to Daniel Mallia and Melissa Farrell.

27You have five siblings, one older sister, three younger brothers and one younger sister.  You finished Year 9 at school and then went on to undertake two trade courses although you did not complete them.

28You have previously worked as a plumber's labourer, an apprentice butcher and more recently as a dairy farmer.  You have one child, an
18 month old daughter, Delilah.  Your child's mother took out an intervention order against you when she heard about the current charges.

29Your parents separated before you were born, and as a result of that you had very little contact with your father until your teenage years.  When you did have contact with him you were subject to his drug and alcohol abuse and violent outbursts.  When you were about 15 years old  you had an altercation with your father and contact between the two of you ceased.

30Your father passed away in August 2019.  Your teenage years were tumultuous and marred by your own substance abuse.  When you were about 12 to 14 years of age you started drinking alcohol and taking various drugs.  Mainly you took cannabis, but you did also try MDMA, which is commonly known as ecstasy, ketamine, amphetamines and benzodiazepines.

31You had difficulties in school.  You were bullied and did not like being disciplined.  You have had longstanding problems with your anger and recognizing this, have tried to control it in the last two to three years.

32When you were approximately 13 to 14 years old your general practitioner diagnosed you with an adjustment disorder.  You have self-harmed following disagreements with family and friends, and also following your incarceration after this incident. When you were approximately 16 years old you attended Headspace and that was to assist you with your episodes of self-harming when you were younger. 

33Leading up to this incident you were drinking excessive amounts of alcohol, consuming up to five slabs of beer in a week.

34You have not drunk alcohol since this incident.  You are currently undertaking the circuit breaker program at Odyssey House which provides structure for residents and daily living routines that residents can follow when they leave.  You have been there for just over two months, and have indicated that you wish to stay there for at least another six weeks.

35You were required to leave the program for a brief period of time within that two months because you had taken Diazepam not prescribed to you.

36According to Mr Larter's report, during the time you were at Odyssey you have actively participated in two hours of group therapy sessions five days a week, individual therapy sessions, a ten-session cognitive behaviour therapy course, Alcoholics Anonymous meetings, which have been attended either via Zoom or offsite with a staff member, as well as various house and general meetings.

37The discussions you have had in your group and individual therapy sessions at Odyssey House covered your history of verbal and physical aggression, and explored better and more respectful ways for you to communicate with others and to regulate your behaviour.

38You have been offered strategies in these sessions to deal with various situations.  Mr Larter, like you, agrees that a further six week stay at Odyssey House would be beneficial for you. 

39Mr Ong, forensic psychiatrist, believed that your offending stemmed from anger management and alcohol issues.  He said your offending appears to have been committed in the context of your disordered personality, in particular problems with anger, which was further exacerbated by disinhibition from acute intoxication, in particular alcohol.

40Dr Ong also said that you appear to have developed both antisocial and borderline personality traits, including problems with affective instability, poor impulse control, problematic anger, feelings of emptiness, problematic relationships, mistrust of others and substance use.

41He said you met the diagnosis for both alcohol and cannabis dependence. 
Mr Ong's assessment of you was conducted via a 70 minute zoom interview on 24 June this year. 

42Your mother, Melissa Farrell, has remained supportive of you throughout your incarceration and your time at Odyssey House.  She brought you to the plea hearing before me and indicated in an affidavit to me that you have a place to stay with her when you are ultimately released from Odyssey House.

43I turn to the objective gravity of your offending and moral culpability.  Aggravated burglary is a very serious offence.  The inherent seriousness of that offence is reflected in its maximum penalty, which, as I said is 25 years.  The inherent seriousness of the other offences are also reflected in their maximum penalties of ten years for the threat to kill and for the criminal damage. 

44Your behaviour was terrifying to your aunt, and your four young cousins.  You should have been a role model to them, not someone who was causing them to be fearful for their own wellbeing.

45The fact that you committed this aggravated burglary and the threats to kill in front of your young cousins is an aggravating feature of your offending.  Your aunt had only tried to help you by collecting you from your grandmother, her mother's house, and yet you did what you did to her on that night and her family.

46As against that, what you did was spontaneous and unsophisticated and you were not armed with any sort of offensive weapon. 

47The law also recognizes that youth is an important factor in assessing moral culpability. I take into account the fact that you were only 21 at the time of the offending and relatively immature.  The law recognizes that young people are more prone to make ill-considered or rash decisions and may have less insight and self-control than an older person.  Further, they may not fully appreciate the seriousness or consequences of their conduct.

48It is hard to say how much your youth contributed to your offending on this night, and how much was simply your alcohol intoxication and your personality.  It is clear that you were intoxicated and as Dr Ong said, it appears that that disinhibited your behaviour.

49Intoxication may explain your conduct but it is in no way mitigatory, that is, it does not lessen the offence seriousness, nor does it reduce your moral culpability.  So, your offending on the night was very serious, but it is less than the most serious category, and indeed given how spontaneous and unpremeditated it was, it is towards the lower end, not the very low end by any means, but towards the lower end in terms of the spectrum of seriousness for that offence.

50I also have to consider the impact of your offending in deciding what is an appropriate sentence.  In that regard I did receive a victim impact statement from your aunt, and she set out just how terrifying the offending was to her and how it has affected her since the night.  She explains that because you were her nephew, someone whom she loved, that your behaviour fractured her sense of family.  Further, it also affected her relationship with her now deceased brother, your father, in that she used to visit his grave regularly, and now does not.

51She talks about the effect of you smearing your blood through her house and how having blood throughout her home upset her.  She says the image of it remains and she struggles to continue to use those things that had blood all over them.  She indicates that she still has trouble sleeping and does not feel safe in her own home.

52Therefore, you can fully appreciate that the impact on your aunt has been truly catastrophic.  Not only has your conduct affected your aunt and her children directly, but it was obvious from the participation and contribution of your grandmother,  the grandmother that you had been with on the day before the offending, Iris Wise and your other grandmother, Debbie Farrell, in the sentencing conversation, how much what you did on that night has upset them and upset your wider family.

53I now turn to your plea of guilty and your cooperation and remorse.  These are factors that are very much in your favour.  You are entitled to a significant discount in your sentence for the fact you have pleaded guilty and did so at a very early stage.

54In so doing you facilitated the course of justice and took legal responsibility for your crimes.  This is particularly valuable in the current environment where COVID-19 has placed the criminal justice system under considerable strain.  You also spared your victim, your aunt, the experience of coming to court to give evidence.

55Our Court of Appeal, the highest court in this State, has recently reinforced the need for sentences to reflect the high value of pleas of guilty in the current COVID-19 environment where the legal system is under considerable strain.

56Therefore, you get a discount in your sentence for the utilitarian, that is the practical effect of your plea of guilty, and you also get a further discount in your sentence for the fact that you are remorseful, as I am satisfied that you are.

57The fact of your remorse is evident in various ways.  When you were interviewed by the police, you indicated you did not remember anything but said you felt sick about the allegations when they were put to you.

58Your mother, in her affidavit, has also spoken about your remorse and says that she has noticed an improvement in you since you have been in rehabilitation.  You also wrote a letter to the court on 26 July 2021, and you described in that letter the effect that reading the victim impact statement of your aunt had on you.  You said you were particularly affected by the realization of how much your actions traumatized your younger cousins.  You also said that you have learnt a lot about managing your anger since that night and that you regret what you did. 

59You also expressed remorse to Dr Ong and during the sentencing conversation, which I will come to in a moment.

60Turning to your character and your risk of reoffending, you have no prior convictions.  As I indicated the events of this night occurred whilst you were on bail for some other offences, but they were the only other offences for which, as far as I am aware, you had been charged at that time, and you certainly had not been convicted or dealt with in relation to them.

61So even though they were outstanding, and that is an aggravating feature of your offending, the fact is you had no prior criminal history before this night.  As was said during the sentencing conversation, it is very unfortunate that your introduction to the criminal justice system came with such serious offending. You went from nothing to committing an offence which is punishable by a maximum term of 25 years, and for which you were remanded in custody for a period of time.  I do take into account in your favour, as you are entitled to, the fact that you have no prior criminal history.

62I also take into account that you have been doing very well at Odyssey House which was outlined in the affidavit from Odyssey, and the affidavit from your mother. Furthermore, I take into account your letter and the sentencing conversation in which apart from participating fully, and as I say, I will come back to that, you talked about your own hopes for the future.

63You spoke about the fact that this experience, including your experience of undergoing rehabilitation, has made you think about what you can offer others in the future, and that you are thinking of doing a course in social work whereby you can help others in similar situations.

64In my view your prospects for the future are reasonable and if you can remain abstinent from drugs and alcohol, as you are now, your prospects are excellent.  You told Dr Ong that prison was a horrible experience and I am hopeful that the whole experience of being incarcerated, then going to Odyssey House, and coming to court, has been a salutary lesson for you and will be motivation for you to remain abstinent in the future.

65Looking at other mitigating factors, I take into account something called Akoka time.  What that means is that because your time at Odyssey House has been arduous and not only has involved a rehabilitative component, but also a punitive element, that it is something I can take into account to reduce your sentence.[1]

[1] Akoka v The Queen [2017] VSCA 214.

66I also, as I mentioned before, take into account your youth, because as well as your youth affecting your moral culpability, the law recognizes the paramount importance of promoting the rehabilitation of young offenders such as you.

67Not only is this because young offenders have the greatest potential to rehabilitate, but also because it is by their rehabilitation that society will be best protected.  Further, it is generally acknowledged that a period of incarceration in an adult prison will mostly likely have a detrimental effect on a young person's prospects of rehabilitation.

68I now turn to the sentencing conversation which occurred with elders and respected persons.  This was an important aspect of your case.  The fact that you consented to the matter being dealt with in the Koori Court division is something I take into account.  You did not have to do that.  You participated in the hearing with two elders and respected persons, namely Aunty Pamela Peterson and Aunty Jacqui Stewart.

69This was your first time in the County Koori Court.  Both Aunty Pam and Aunty Jacqui asked you about the incident, and although you did not volunteer much, this may have been because you did not remember that much.  You nevertheless accepted that your actions would have been terrifying to your Aunt Catherine and to her children.

70They asked you to address your behaviour by following through with your commitment to alcohol and drug counselling, and encouraged you to pursue your connection with culture and identity.  They pointed out how lucky you were to have so much support from both sides of your family, and that is something that you also acknowledged at the outset of the conversation.

71The support for you was evident by the number of people who either attended or linked in to watch the proceedings, and I will just mention who did attend.  Watching the proceedings was your grandmother, Iris Wise, your other grandmother, Debbie Farrell, Leon Mallia, who I think was an uncle, and David Shutt, who is your stepfather.

72In court with you was your mother and her father.  Aunties Pam and Jacqui emphasized the importance of family and the need for you to regain respect within your family.  They recommended you think about the future and the opportunity you have to be the best man you can be, and to be a role model to your young cousins, your siblings, and most importantly your daughter.

73You told the elders, like you had the police, that you felt sick to the guts when you reflected on what you had done.  You said you felt more mature since spending some time in prison and at Odyssey House and you were 110 per cent motivated to reform, although you did worry about your ability to abstain in the future.

74By acknowledging that you worried about abstaining, you were being honest, and I appreciate that that is the situation, but you must remain committed to abstaining.  You also said in the sentencing conversation that you wanted to connect more to culture and help others like you, and as I mentioned before, you hoped to study to become a social worker.

75The law allows me to take into account your participation in the Koori Court process in your favour and I do so.  I consider that you were genuine in your engagement with the elders and that the process itself was rehabilitative.

76You showed appropriate remorse for your offending and expressed your real concern for the harm that you had inflicted upon your aunty and her children.  Overall, I consider your participation is indicative of your capacity to change and reform and to be a better member of our community.

77I turn now to consider one other matter which is the last matter I will talk about before I turn to the principles of sentencing, and that is the effect of a term of imprisonment on you.  As previously mentioned, you have already spent 81 days in custody, and told Dr Ong that it was a horrible experience.

78I take into account Dr Ong's opinion that a term of imprisonment for you would mean that you were at an increased risk of developing depressive symptoms, and your mental state would need to be closely monitored by prison mental health services if that were to occur.

79I also take into account that at this time during COVID any experience of prison is harder than usual because of the limited access that often occurs to family members, and the fact that a number of programs have either ceased altogether or are reduced.

80I turn now to the purposes of sentencing.  In addition to specifying the matters to which I must have regard in arriving at an appropriate sentence, the Sentencing Act 1991 also prescribes the purposes, indeed the only purposes for which a sentence may be imposed.

81These are just punishment, deterrence, rehabilitation, denunciation and protection of the community.  I am obliged not to impose a more severe sentence than is necessary to achieve those sentencing purposes.  A custodial sentence must only be imposed as a last resort and then must be the absolute minimum required.

82As the prosecutor submitted in her sentencing submissions, the offence of aggravated burglary is a serious violation of the sanctity of the home.  Crimes such as that strike directly at the heart of people's domestic security and their ability to feel safe within their homes.

83For that reason general deterrence, denunciation and community protection are primary considerations.  On the other hand, as I have already said, in the case of young people the law recognizes the paramount importance of promoting their rehabilitation.

84Not only are principles of general deterrence and denunciation important sentencing principles for the offences of aggravated burglary and threats to kill, they are also important in relation to the offence of assaulting an emergency worker. Police and emergency workers are entitled to feel safe simply doing their job. 

85Notwithstanding you have committed serious offences, having regard to the objective gravity of your offending, and the powerful mitigating factors which I have already outlined, I have concluded that in your case all the relevant sentencing purposes can be met by the imposition of a term of imprisonment not exceeding that which you have already served, being 81 days, in combination with a community corrections order.

86I have had you assessed for a community corrections order and you have been found suitable, and you have indicated your consent.  Because this sentencing hearing is being conducted remotely I cannot get you to sign the corrections order in front of me, so what will happen is I will sign it here and I will have it sent to you.

87If we can get an email address from you we could possibly do it that way.  Alternatively we could do it at the Corrections office that you will have to report to, so I will come back to discussing that.

88But in terms of the sentence I will not ask you to stand up because if you do I will not be able to see you so you can remain seated throughout my sentence.  On Charges 1, 2 and 3 on the indictment I convict and sentence you to an aggregate sentence of 81 days' imprisonment.

89I impose an aggregate sentence on those three charges pursuant to s9 of the Sentencing Act because the offences are founded on the same facts and circumstances and I think it is appropriate to do so.

90On Charge 6 and 7, being the summary related offences, I convict and sentence you to seven days' imprisonment on each of those charges and those sentences are to be concurrent with each other and on the aggregate sentence of 81 days I have imposed on the indictment.

91On Charges 1, 2 and 3 on the indictment I also impose a single community corrections order.  That order will last for 12 months.  You are to report to the Wangaratta Community Correctional Centre within two working days of the order commencing.

92There are the mandatory conditions of the community corrections order, and those mandatory conditions include that you not commit another offence, as well as various other things, such as you must not leave Victoria without first getting permission to do so, you must also obey all lawful instructions from and directions of the Secretary and include other mandatory conditions as well.

93But as well as those I have imposed some special conditions and I will go through what they are now.  You are to be under the supervision of a corrections officer for the duration of the order.  You are to perform 150 hours of unpaid community work over the period of the order.

94You are to undergo assessment and treatment including testing for drug abuse and dependency.  You are to undergo assessment and treatment including testing for alcohol abuse and dependency.  You are to undergo assessment and treatment at a residential facility.

95You are to undergo mental health assessment and treatment as directed.  You are to undertake rehabilitative programs as directed, in particular relating to your offending behaviour.  You are also to undergo judicial monitoring.

96What that means is that you are to come back before me at intervals.  The first interval will be after three months and in fact the date will be 4 November, and you will be notified exactly how that is to occur, but it is most likely to occur remotely by video link.

97The purpose of that is so that I see how you are going on your corrections order, and I also see how Corrections is monitoring the order.  You do not need to be represented.  It is a relatively informal hearing, but it is really to hold you to account, make sure that you are still complying.

98I direct that all of the hours that you satisfactorily undertake in treatment and rehabilitation are to be counted towards the 150 hours of unpaid community work pursuant to s48CA of the Sentencing Act.  That will mean that most of those hours, if not all of those hours, can be completed by you by participating in those treatment and rehabilitation components of your order.

99It may be that there is some further work that you have to do, but if it is it will not be much.  Mr Cameron will explain the order to you I am sure in more detail, and as I say, I will sign the order here and then we will arrange to get it to you for you to sign it.

100I have to tell you this; you must make sure you comply with that order because breach of the order is an offence in itself and it is punishable by a term of imprisonment.  So if you breach the order in any of the ways I have said, whether it is by committing further offences whilst you are on the order, or by failing to comply with any of the conditions, then you are liable to be charged for breach of the order and can receive a term of imprisonment just for that offence.

101But in addition you are liable if you breach the order to be resentenced for these offences.  You should realise that by imposing a community corrections order and not giving you a further term of imprisonment above what you have already served, I am giving you an opportunity to avoid further goal time.

102If you breach the order, then in resentencing you on the original offences, imposing a further term of imprisonment is a real option and I cannot say because I would have to hear the sentencing submissions and the circumstances as to why you have breached it, but it is a very real possibility that you will go back to gaoll if you breach the order.

103I declare that you have served a total of 81 days presentence detention, not including today, in respect of the sentence I have imposed, and order that this declaration be entered into the records of the court, and that the period be deducted administratively.

104If you had not pleaded guilty to the charges and been found guilty by a jury, I would have sentenced you to a total effective sentence of imprisonment of one year with a two year corrections order.

105The prosecution requested that I make a disposal order in relation to your clothes, your bloody clothes that were obtained on the night, and I will make that order.

106Mr Mallia, can I ask you to put back on your microphone, if you are in control of it, and I am not sure if you are.  I just want to make sure you understand the sentence that I have imposed and what the community corrections order is.

107OFFENDER:  Yes, I understand it.

108HER HONOUR:  Mr Cameron, how do you suggest we get the order to him?  It may be just by email.

109MR CAMERON:  So Your Honour's associate has Mr Mallia's mother's email so it could be done that way.  I am not sure whether Mr Mallia has access to a scanner and printer though, so in that respect it would be easier for Mr Mallia to sign it at the Corrections office.

110HER HONOUR:  Yes.  Mr Mallia, I know that you had to undergo COVID testing before you can go back to Odyssey, and as I have said you have to report under the order within two days of today.  Do you anticipate any difficulty getting to Corrections office in Wangaratta within two days?

111OFFENDER:  No, I think I should be right getting there.

112HER HONOUR:  Because of COVID I'm talking about.  Can you indicate, do you have a printer at your mother's house?

113OFFENDER:  No.

114HER HONOUR:  In that case what we will do is we will send the order to the Office of Corrections, a community correctional centre at Wangaratta, and when you report there within two days you will sign the order then, but you must do that.  Do you understand?

115OFFENDER:  Yes.

116HER HONOUR:  Is there anything else that I need to do before I adjourn?

117MR CAMERON:  No, Your Honour.

118HER HONOUR:  Thank you.  We will adjourn.

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