Director of Public Prosecutions v Masci
[2019] VCC 2191
•17 December 2019
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR-19-01528
CR-19-01118
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON MASCI AND ADRIAN BURBAN |
---
| JUDGE: | HER HONOUR JUDGE QUIN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 29 October 2019 |
| DATE OF SENTENCE: | 17 December 2019 |
| CASE MAY BE CITED AS: | DPP v Masci & Anor |
| MEDIUM NEUTRAL CITATION: | [2019] VCC 2191 |
REASONS FOR SENTENCE
---Subject: Theft, attempted theft, dangerous or negligently driving whilst being pursued by the police, burglary, obtain property by deception, recklessly expose emergency worker to risk by driving, damage emergency service vehicle and possess amphetamine
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms M. Dunbar | OPP |
| For Mr Burban For Mr Masci | Ms S. Petrovich No appearance | Pauline Madden |
HER HONOUR:
1Jason MASCI you have pleaded guilty to 8 charges of theft (1,4,6,8,10,12,14,15), 1 charge of attempted theft (2), 2 charges of dangerous or negligently driving whilst being pursued by police (3,16), 3 charges of Burglary (7,11,13) , 1 charge of Obtain Property by Deception (9), 4 charges of Reckless Expose Emergency Worker to Risk by Driving (17,18,19,20), 1 charge of Damage Emergency Service Vehicle (21), and 1 charge of Possess Methylamphetamine (22).
2There is a maximum penalty of 10 years imprisonment for Theft, Burglary, Obtaining Property by Deception and Recklessly exposing an emergency worker to risk by driving. There is a 5 year maximum penalty for attempted theft and damaging an emergency service vehicle, 3 years for driving whilst being pursued by police and 1 year for possession of methylamphetamine.
3You have also pleaded guilty and agreed that I deal with the following related summary offences:
5 charges of Fraudulently Use Registration Plate – 10 Penalty Units or 2 months’ imprisonment (SO69, SO74, SO75, SO76,SO77);
3 charges of Failing to stop on Police Request – For a first offence, 6 months’ imprisonment or 60 Penalty Units or both, for a subsequent offence, 12 months’ imprisonment or 120 penalty units or both - (SO5, SO139, SO140);
1 charge of Drive whilst Disqualified – For a first offence, 30 Penalty Units or 4 months’ imprisonment, per s.30(1) Road Safety Act 1986 (SO 68);
1 charge of Going equipped to steal – Level 7 imprisonment (2 years maximum) (SO 141);
1 charge of Exceed Prescribed Concentration of Drug within three hours of Driving – For a first offence: 12 Penalty Units, (SO144);
1 charge of Dealing Property Suspected Proceeds of Crime – 2 years maximum per s.195 Crimes Act 1958 (so 146).
4Adrian BURBAN you have pleaded guilty to one count of Conspiracy to Commit Burglary and Theft (5) – as indicated, the maximum penalty for this offence is 10 years.
5The full details of the offending was contained in the Prosecution Opening dated 30 September 2019, Exhibit A.
6In April 2018, you BURBAN were employed by Hayden Engineering as a refrigerator mechanic. Your role involved you servicing and replacing air conditioners at telecommunication network sites within Melbourne. In carrying out those duties you were issued with a set of Telstra Master Keys, and a Swipe Card that enabled your access to the relevant sites.
Conspiracy to Steal Backup Batteries from Mobile Phone Towers
7You had an agreement with each other in which you BURBAN would provide insider information on the layout and security features of various telephone towers, together with a key and card that would enable you MASCI to access them. In return, you MASCI would break into the towers, remove the backup batteries from their housing, sell them for scrap and pay BURBAN a portion of the profit.
8Details of some of the messages between you are contained in paragraph 7 of Exhibit A; there were a total of 208 texts between you. Within these messages it was clear that you BURBAN were expected to be paid by MASCI though he offered various excuses why the money was not forthcoming.
9This agreement is the basis of the charge against you BURBAN – the other charges before me relate to you MASCI acting in accordance with that agreement and other offending.
Burglary and Theft from Mobile Phone Towers
10The victims of your most significant offending were Telstra, Vodafone and Optus – each burglary and theft involved a particular methodology.
11Typically you would locate the tower by using the website OzTowers.com.au. Once you had located a tower you would gain access to and enter it either by use of a Telstra Contractors Master Key that had been provided by BURBAN, or the use of a cordless angle grinder. Once inside the internal cabin, you would switch the circuit breakers powering the batteries off, and then use the angle grinder to cut away the housing and wiring from numerous deep-cycle batteries. The deep-cycle batteries would then be loaded into your car, which had been modified with seats removed to allow for more storage of the batteries.
12Once the batteries were loaded you would sell them to Metal Group Victoria Sunshine North. You told them that you owned the batteries and that you had obtained them through your job and they were just scrap – they were sold by you at the market price of scrap lead.
13Given this method was repeated on a number of occasions, police suspected that one individual was responsible and placed a tracking device in a battery in the tower in Altona. On 21st June 2018 you stole that Battery with its tracking device, and police were able to trace it to your address. Your involvement in other incidents was able to be confirmed by a location-based search of your phone5 and further confirmed by Citylink Records6.
14Following your arrest, receipts located within your car revealed you were selling the batteries to Metal Group Victoria. This was also confirmed by CCTV footage. These sales generally coincided with incidents following you carrying out the above methodology. After your arrest, the burglaries ceased.
15Between 15 April 2015 and 25 July 2018 there were a total of 45 incidents where the methodology described above was adopted:
16Burglaries involving phone towers and theft of Deep Cycle Backup Batteries belonging to Telstra, occurred 40 times (Charge 6 – Theft) (Charge 7 – Burglary);
17Burglaries involving phone towers and theft of Deep Cycle Backup Batteries belonging to Optus occurred 3 times (Charge 12 – Theft) (Charge 13 – Burglary);
18Burglaries involving phone towers and theft of Deep Cycle Backup Batteries belonging to Vodafone occurred 3 times (Charge 10 – Theft) (Charge 11 – Burglary).
19I note that one of the incidents involved both Telstra and Vodafone batteries.
20Your selling of the stolen Deep Cycle Backup Batteries to Metal Group Victoria for their value in scrap lead is the conduct related to Charge 9 (Charge 9 – Obtain Property by Deception).
21Each of the incidents are detailed in the Prosecution Opening and I do not propose to repeat each of them – they can be found in paragraphs 13-134 Exhibit A.
Overview
22The total expense incurred by Telstra in terms of battery replacement and associated property damage has been calculated at $383,831 - The total value of Deep Cycle Batteries stolen from Vodafone is estimated at $25,000 and the total value of Deep Cycle batteries stolen from Optus is estimated at $44,000.
23The CCTV and records obtained from Metal Group Victoria indicate that you off loaded and sold approximately 975 deep cycle batteries, which were sold for their value in scrap lead. The total value of cash obtained by you in this process in unknown. Only 75 of the Deep Cycle batteries were recovered.
Other Offending
24As to your other offending, this offending can be described as minor thefts and driving matters however some of it occurred in the context of you MASCHI avoiding apprehension by police and putting other road users at risk.
25Between 5 pm 13th January 2018 and 8.30 am 15th January 2018 you attended a residential demolition site in Airport West and stole copper wiring from the rear of the site, valued at approximately $400 (Charge 1 – Theft). You attended again later in the afternoon and attempted to steal more copper wire, but when confronted by someone at the property you dropped it and went back to your car – the car was displaying false number plates (Charge 2 – Attempted Theft) (Uplifted Summary Charge 69 – Fraudulently Use Registration Plate).
26At 4.08 am on 22nd January 2018 you were observed by police driving your car in Airport West displaying false plates (Uplifted Summary Charge 74 – Fraudulently Use Registration Plate). Police activated their lights and sirens – you accelerated to an estimated speed of between 90kmph and 100kmph in a residential zone of 50kmph (Charge 3 – Dangerous Drive Pursued by Police).
27At 1.54 pm on 1st March 2018 you went in your car to a service station in Tullamarine and were displaying false number plates. You put $30 worth of petrol in the car and drove off not paying for it (Uplifted Summary Charge 75 – Fraudulently Use Registration Plate) (Charge 4 – Theft).
28At 1.20 am on 15th March 2018 police observed you driving your car with false plates in Strathmore (Uplifted Summary Charge 77 – Fraudulently Use Registration Plate). Police activated the Divisional Van’s emergency lights and sirens – you reversed backwards and drove off at a high speed – police soon lost sight of you (Uplifted Summary Charge 5 – Fail to Stop Vehicle on Police Request).
29At 9.05 am on 25th April 2018 you went to a service station you went in your car to a service station and put $45 worth of petrol in the car and drove off not paying for it. Your car was displaying false number plates (Uplifted Summary Charge 76 – Fraudulently Use Registration Plate) (Charge 8 – Theft).
30Between 1:14 and 1:47am on 12th June 2018 you attended a business in Tullamarine and unscrewed the registration plates from two different HiAce vans (Charge 14 – Theft) (Charge 15 – Theft).
31On 4th July 2018 at 2:25 pm police observed you driving your car in Sydenham with stolen plates. Police activated the Divisional Van’s emergency lights and sirens and you failed to stop before speeding off away from police sight (Uplifted Summary Charge 139 – Fail to Stop on Police Request).
32On 17th July 2018 at 7:14 am police observed you driving your car in Cairnlea with stolen plates. A speed limit of 60kmph applied on that part of road. Police activated the Divisional Van’s emergency lights and sirens and you failed to stop before speeding away at an estimated speed of between 115kmph and 120kmph. A short time later police pulled over and lost sight of you (Charge 16 – Dangerous Drive Pursued by Police).
Circumstances of Arrest and Related Charges
33At the time of the last phone tower burglary/theft you attended at a phone tower in Beveridge , on 25th July 2018 at 8:15 am. You were disqualified from driving at that time (Uplifted Summary Charge 68 – Drive Disqualified).
34Police had tracked your phone to this area and you were observed by police entering the tower. Police observed your car inside the cyclone fence of the tower, with the boot open. You were observed putting a deep cycle battery in the rear of your car. You then spotted the unmarked police cars, shut the boot and ran to the driver’s seat. Police activated the emergency lights on their vehicle and continued to approach the tower.
35You ultimately drove directly at the police car colliding with it bumper to bumper (Charge 21 – Damaging Emergency Service Vehicle). You then reversed your car and police stopped you by causing another collision as the front of your car impacted with a second police car. You again reversed your car and police approached you whilst you were driving – ultimately they smashed the driver’s side window and attempted to deploy capsicum spray. You continued to try to get away and ultimately became stuck in the wire fence and were again capsicum sprayed. You finally were arrested by police and there were 4 police members involved the victims in charges 17-20; each are recklessly exposing an emergency worker to risk by driving.
36(Charge 17 – Reckless Expose Emergency Worker to Risk by Driving (TRIPP); Charge 18 – Recklessly Expose Emergency Worker to Risk by Driving (PORTER); Charge 19 – Recklessly Expose Emergency Worker to Risk by Driving (OXFORD); Charge 20 – Recklessly Expose Emergency Worker to Risk by Driving (HANCOCK); Uplifted Summary Offence 140 – Fail to stop on Police Request)
37Your car was searched a various items were located including many related to your criminal activities regarding the burglaries and thefts from the phone companies. Also located was a zip lock bag containing 0.5g of Methylamphetamine (Charge 22 – Possess Methylamphetamine; Uplifted Summary Offence 141 – Going Equipped to Steal).
38You were conveyed to Fawkner Police Station for interview though taken to hospital with a complaint of back soreness. Blood samples were taken from you and were subsequently analysed and you were found to have a blood concentration of 1.6mg/L (Uplifted Summary Charge 144 – Exceed Prescribed Concentration of Drug w/3h of driving).
39After you were discharged you were interviewed and made a predominantly no comment interview.
40Police executed a search warrant at your address in Sydenham and seized a Deep Cycle back up battery that was located in your garage. Police also seized an NAB Bank Card in the name of ‘Mohamed SHEIKH’ (Uplifted Summary Charge 146 – Deal Property Suspected Proceeds of Crime).
41Police also attended at Metal Group Victoria and seized 3 x Pallets containing approximately 74 Deep Cycle backup batteries22; 5 X Customer tax receipts books23 and a CCTV system24.
42Police were later provided with bank account records of your de facto’s account evidencing deposits of amounts between $189 and $1,150.40, payments from Metal Group Victoria.
43On 28th August 2018 at 5:00 am police executed a search warrant at your address, BURBAN, address in Aberfeldie, and seized a number of phones. You, BURBAN, were interviewed by police and made the following comments27:
44That you knew “nothing, nothing at all” about the theft of batteries (QA15) though you had worked at Mobile Phone Tower sites before (QA 29);
45You denied you were the person sending SMS messages to MASCI (QA 157, 207); though you could not explain how messages on your phone were sent to MASCI (QA 246);
46That you had no involvement in the burglaries or thefts and that you gave your keys back to Haden Engineering (QA 370); and you had never supplied any key to anyone (QA 411);
47You denied ever receiving cash payments from Jason MASCI for any reason (QA454).
Impact on victims
48The impact on the victims has been significant financial loss to each of the telecommunications companies, especially Telstra.
49As indicated, Telstra, in the amount of $383,381.05.
50Vodafone, in the amount of approximately $25,000.
51And Optus, in the amount of $44,000.
Personal Circumstances
52I turn then to each of your personal circumstances.
BURBAN
53In respect of you, Mr Burban, I received a report from Ian Joblin psychologist dated 3 October 2019. After this matter commenced, the plea was adjourned part heard – during that time I received a psychiatric report from Dr Hemlata Ranga dated 2 December 2019.
54You are currently aged 35 years. Your parents reside in Keilor and you have one brother. You are close to all family members, particularly your father who has of recent times been unwell. You reside in Taylors Lakes where you purchased a home in 2012. You are in a stable relationship and anticipate that to continue. Your partner was in court to support you.
55You have worked in the field of refrigeration as a mechanic for a number of years and have consistently had employment. It was through your employment and work at Haden Engineering that you obtained the information necessary for this offending. You remained working there until April 2018 and you were formally terminated in August 2018.
56You are currently employed in a job that involves the repair and maintenance of air conditioning equipment in supermarkets, which requires you to be on call - given that circumstance, you have no issues with drugs or alcohol that would effect that employment. As part of your work, you are required to have a relevant licence – that is likely to be at risk if you are sentenced to a term of imprisonment as there is concern that you will no longer be considered a fit and proper person to hold such a licence – significantly impacting on your work capacity.
57It was submitted that this offending took place at a time when your father was extremely ill – that you were experiencing increased levels of anxiety and depression regarding his health. The impact on you was such that you made bad decisions especially regarding this offending – that you were not thinking clearly. Further it was submitted that since these matters were discovered you have experienced significant mood swings and that your partner is keen for you to get proper psychological assistance. On the basis of that information and report of Mr Joblin your counsel placed reliance on Verdins – such material on my assessment was insufficient and I gave the opportunity for further material to be obtained if your counsel wanted to persevere with that submission, adjourning for that purpose.
58Dr Ranga opines that on her assessment that you currently present with a diagnosis of Major Depressive Disorder with chronic anxiety symptoms.
59Dr Ranga described your personality features as indicative of someone with high anxiety, poor sense of self, someone who is anxious and avoidant, with poor interpersonal skills and who avoids confrontation. She describes you as suffering from chronic anxiety symptoms, panic and depressive symptoms – that these worsened in the context of your father’s health. At around the same time your symptoms were exacerbated with a relationship breakdown. Your offending, she opined, was in the context of the complex interplay of these factors.
60Your counsel submitted that because of these personality traits, that you were particularly vulnerable to acquiesce to MASCI's requests. That you felt pressured to please him and concerned to retain his friendship and the relationship. Your mental state was, it was submitted, such as to engage Verdins with the causal link between your mental state and the offending established.
61The prosecution disputed that Verdins principles applied in that manner as there was no causal connection between your offending and your mental state at the time. That the information provided by you to Dr Ranga about being exploited by your friend and thus involved in the offending was not supported by the evidence. Rather you were the person with the idea and information to facilitate the plan. The evidence did not support you playing a subservient role and the texts in the depositions do not suggest any of the vulnerabilities or pressure in respect of your involvement in this offending.
62The prosecution conceded that your personal circumstances at the time of the offending could be taken into account as part of the context of the offending but that the evidence did not support Verdins to the extent submitted by your counsel or at all.
63I accept that submission. Dr Ranga opined that apart from the usual burden that imprisonment imposes, it would be likely to impact and cause deterioration of your mental health functioning.
64The prosecution conceded that Limbs 5 and 6 of Verdins applied and I take that matter into account.
65You continue to maintain that you did not receive any funds despite the text messages in the depositions. Your counsel conceded that you told MASCI about the towers what was in them and how to avoid security arrangements. No explanation for your offending has been provided, however, the text messages do reveal that you had an expectation of receipt of funds.
MASCI
66Mr Masci, you are currently 31 years old. Your partner was with you in Court and is 20 weeks pregnant. You are unemployed but have worked at North Side Body Works. I have received a positive letter from your employer – unfortunately that business closed down and you have been unemployed the last 12-18 months.
67You informed me at the last hearing that this employer would in the new year have some work for you.
68I was provided with limited information regarding your personal circumstances and history, though there is some relevant information provided by CISP in the report dated 6 March 2019.
69You commenced smoking cannabis when you were aged about 17 years – over 12 months that developed into a daily habit, until about 4 years ago. You also commenced using ICE around the same age and this developed into a 1 gram a day habit and remained so until you were remanded for these matters.
70Your substance abuse and addiction does not excuse your conduct but provides some explanation for it.
71Your counsel submitted your involvement in this offending with Burban was motivated by your desire for funds – you were the muscle in the operation. It was submitted that the scheme was Burban’s idea, and that you were an eager participant who saw it as an opportunity to fund your long term addiction to ice. You did not appreciate the value or cost of damage as reflected by the amount that you made, a fraction of the batteries' value.
72As to the other offending, particularly that relating to emergency workers, it was submitted that your primary motivation was not to injure the police, the vehicles were all in close proximity and at no point, with police remaining in their cars, were they placed in a dangerous position.
73You have utilised your time in custody well participating in a number of programs, learning strategies to better cope with emotional stressors both in prison and in the family setting.
74Once incarcerated you weaned yourself of illicit substances – you had not ever engaged in counselling before. Whilst on CISP Bail Program, you were linked into ACSO and engaged in counselling – you progressed well with that (Report from ACSO & CISP). It is noted in the CISP report, you acknowledge that your illicit substance use had been problematic and significantly influenced your involvement with the criminal justice system. Your counsellor at ACSO reported that you engaged well with the appointments and you gained confidence as you progressed. A further course of counselling was not recommended. At completion of CISP, after four months of supervision, you were seen to be doing well.
Plea of guilty / remorse
75Burban, you pleaded guilty to your matter at the first opportunity. I accept your guilty plea significantly facilitated the course of justice and has a utilitarian benefit.
76I accept your plea is also indicative of some remorse – you expressed remorse to your family members and also to Dr Ranga.
77Masci, you pleaded guilty at an early stage – both of your pleas have avoided the cost of a trial that would have been likely to have been lengthy and complex.
78I also accept in respect of you Masci that your plea is indicative of remorse.
Rehabilitation prospects – Burban
79As to your rehabilitation prospects, Burban, your counsel submitted that you had good rehabilitation prospects – that you had sought assistance and engaged with mental health professionals; that you had an unrelated prior conviction relating to some driving; that you have full-time employment; and that you are assessed a low risk of reoffending by a representative from Corrections.
Rehabilitation prospects – Masci
80Mr Masci, your counsel submitted that you had good rehabilitation prospects.
81You have the support of your partner and a stable home environment.
82Your experience in custody for over two months was a salutary experience.
83You engaged well with CISP when you were granted bail.
84Although you are unemployed, you do have some employment prospects.
85You have limited priors with only previous court appearance and again, you as well, were assessed as low risk of re-offending by a representative from the Office of Corrections.
Aggravating features
86There were some aggravating features in respect of the main offending.
87It was organised and systematic – it was planned and co-ordinated between you.
88There were thefts/burglaries 45 times over a 3 month period – the offending was prolonged and persistent.
89The loss incurred was over $250,000 and you were motivated by profit.
90Your involvement, Burban, was a breach of trust – you gave insider knowledge and access to sites and security failings to enable Masci to carry out the offending.
91As to the driving offences, Mr Masci, you exhibited on a number of occasions a reckless disregard for authority (police) and public – other members of the community using the roads.
Parity
92As to parity, your involvement in the offending for which you both to be sentenced was described by the prosecution as that you BURBAN were the brains and you MASCI the muscle. That there were little other distinguishing features between you and that you should be sentenced for that offending on the same basis.
93Clearly, you, Masci, are also before the court on other matters in addition to those relating to the batteries.
Sentencing submissions
94Both your counsel submitted that I should impose a community correction order – in respect of you MASCI that could be combined with a term of imprisonment or the time already served.
95Both counsel relied on the principles in Boulton and the appropriateness of the CCO even in circumstances of serious offending.
96The prosecution submitted that you should both be sentenced to terms of imprisonment though with you BURBAN, it could be combined with a community correction order. I note that in respect of Charges 17, 18, 19 and 20, any term of imprisonment imposed must be served cumulatively unless otherwise directed by the court.
97I had both of you assessed for a community correction order by Corrections and both of you were assessed as suitable.
98This was unusual offending. The damage caused by both of you and result in financial loss to the telecommunications company was significant. However, it was accepted that you received limited reward for your criminal endeavours.
99Masci, for a relatively small financial gain, you persistently over a three-month period committed the burglaries and thefts. Additionally, you placed police and others in danger in evading apprehension by dangerous driving.
100Burban, you provided the information to let that happen. A significant breach of trust bestowed upon you by your employer.
101Principles of general deterrence, just punishment and denunciation play a role in sentencing you both. As to specific deterrence, I accept that in respect of you, Masci, you have spent time in custody and you have successfully commenced your rehabilitation. This consideration has lesser application to you.
102In respect of you, Burban, I accept you have commenced addressing your mental health issues at your own instigation. Specific deterrence also has less weight for you.
103These sentencing considerations must be weighed against matters put by each of your counsel. Taking into account all of the relevant sentencing matters, I propose to sentence you as follows.
104If you could please stand up.
105Mr Masci, in respect of Charge 1, theft, in relation to the copper wiring, you are convicted and fined $200.
106In respect of the attempted theft, convicted and fined $100.
107Charge 3, dangerous driving while in pursuit, you are convicted and sentenced to a term of imprisonment of seven days.
108Charge 4, in respect of the theft of the petrol, you are convicted and discharged.
109Charge 6, in respect of the theft from Telstra, you will be placed on a community correction order for a period of three years.
110The same applies in respect of Charge 7, the burglary from Telstra.
111In relation to Charge 8, the theft of petrol, you are convicted and discharged.
112In respect of Charge 9, you will be placed on the same community correction order.
113Similarly, in respect of Charge 10, the theft from Vodafone, the burglary from Vodafone, the theft from Optus and the burglary from Optus, that being Charges 10, 11, 12 and 13, you will be placed on the same CCO.
114In respect of Charge 14, the theft of the registration plates, you are convicted and fined $100.
115In respect of Charge 15, the theft of the registration plates, you are convicted and fined $100.
116In respect of Charge 16, dangerous driving whilst in police pursuit, you are convicted and sentenced to a term of imprisonment of 14 days.
117In respect of Charge 17, 18, 19 and 20, that is the exposing an emergency worker to risk, you are convicted and sentenced to a term of imprisonment of one month in respect of each of those.
118In respect of Charge 21, damaging an emergency vehicle, you are convicted and sentenced to a term of imprisonment of seven days.
119In respect of Charge 22, possession a drug of dependence, you are convicted and discharged.
120In respect of Summary Offence 69, 74, 75, 76, 77, you are convicted and discharged.
121In respect of Summary Offence 5, you are convicted and fined $200.
122In respect of Summary Offences 139 and 140, you are convicted and sentenced to a term of imprisonment of seven days.
123In respect of Summary Charge 68, drive whilst disqualified, you are convicted and fined $300.
124In respect of Summary Charge 141, you are convicted and discharged.
125In respect of Summary Offence 144, you are convicted and fined $400.
126And in respect of Summary Offence 146, you are convicted and discharged.
127In respect of Charges 17, 18, 19 and 20, the sentence imposed on Charge 17 will be cumulative with the sentence imposed on Charge 18; otherwise each of the sentences will be served concurrently as well other sentences imposed. That makes a total effective sentence of two months.
128Mr Burban, in respect of the charge for which you are before the court, you are convicted and sentenced to a community correction order for a period of three years. You will be required to do 250 hours community work and there will also be a mental health condition.
129In respect of the other charges, Mr Masci, where I have indicated you will be placed on a community correction order, it will be for a period of three years with 250 hours' work and there will be a condition in respect of drug and alcohol counselling.
130My associate will prepare that order. You both need to be aware if you commit any other indictable offences or serious offences for the duration of those orders, you will come back before me for breach and I will have no hesitation in placing you in prison in respect of this offending because you will be required to be resentenced in relation to those matters.
131Now, compensation orders were not finalised at the last time. Have they been finalised yet?
132MS DUNBAR: I understand they are not, Your Honour.
133HER HONOUR: No. All right. Well, that can be a matter that the relevant victims can make the relevant application to the court.
134Section 464ZF, were you after those?
135MS DUNBAR: I understand that might be automatic.
136HER HONOUR: Yes. I think that is right.
137MS DUNBAR: Yes.
138HER HONOUR: That they will just be retained.
139MS DUNBAR: Yes.
140HER HONOUR: The forfeiture orders have - did I finalise last time?
141MS DUNBAR: Yes.
142HER HONOUR: All right.
143MS DUNBAR: Forfeiture and disposal, Your Honour.
144HER HONOUR: All right. And finally, Mr Masci, with regard to your licence, cancellation and disqualification is mandatory under Charges 3 and 16 for which you have pleaded guilty. You will be disqualified from obtaining a licence for a period of two years.
145And, finally, what is the PSD please in respect of Mr Masci?
146MS DUNBAR: Seventy one days not including today, Your Honour.
147HER HONOUR: Seventy one days. Mr Masci, the effect of your sentence is that you have - I imposed a total effective sentence of two months but because I declare that 71 days you have already served that time and the community correction order will commence today.
148All right. Thank you. If you can both sit down and I will just wait for my associate to prepare those orders.
149Yes. Thank you. Thank you.
150Thank you. The parties are excused. If you could call the next matter though too please.
151MS DUNBAR: Your Honour, if I might interpose a 6AAA I believe is required.
152HER HONOUR: Sure.
153Pursuant s.6AAA of the Sentencing Act, if you had not pleaded guilty to these matters, I would have imposed a term of imprisonment of four years with a minimum of two. Thank you.
- - -
0
0