Director of Public Prosecutions v Monaghan
[2022] VCC 1605
•22 August 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR‑21‑02614
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ADAM PAUL MONAGHAN |
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JUDGE: | HER HONOUR JUDGE CANNON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 June 2022 and 16 August 2022 | |
DATE OF SENTENCE: | 22 August 2022 | |
CASE MAY BE CITED AS: | DPP v Monaghan | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1605 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence - Pleas of guilty - Recklessly cause serious injury - Summary offences - Commit indictable offence whilst on bail - Possess controlled weapon without excuse (2) - Crown concession - Accused acted in self-defence but actions were excessive - Relevant criminal history - Long history of drug abuse - Complex mental health history - Lack of community support and stable housing - NDIS funding in place to support complex needs client - Expert evidence in risk of imprisonment adversely effecting mental health making imprisonment more burdensome
Cases Cited:DPP v Monaghan [2014] VSCA 82
Sentence: Convicted and sentenced to 530 days’ imprisonment in combination with a Community Corrections Order of 2 years’ and 6 months’ duration - 522 days; imprisonment declared as having already been served - s.6AAA Sentencing Act 1991 declaration
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms F Holmes | Solicitor for Office of Public Prosecutions |
| For the Accused | Mr T Marsh | Stary Norton Halphen |
HER HONOUR:
1Adam Paul Monaghan, you have pleaded guilty to one charge of recklessly causing serious injury which has a maximum penalty of 15 years’ imprisonment.
2You have also pleaded guilty to three summary charges – commit indictable offence whilst on bail which has a maximum penalty of three months’ imprisonment, and two charges of possessing a controlled weapon without lawful excuse, which has a maximum penalty of 120 penalty units or 12 months’ imprisonment. I must take into account the maximum penalties when sentencing you as these reflect the seriousness with which Parliament regards each of the offences.
3The matter was opened by the learned prosecutor, Ms Holmes, as follows:
4I was told that you were 39 years old at the time of the alleged offending.
5The complainant in this matter is a Jaymes Pelka, who was 25 years old at the time.
6I was told that on the evening of Friday, 12 March 2021, Mr Pelka was enjoying a night out with friends at a pool hall in Frankston which was located opposite a McDonald’s restaurant on Nepean Highway in Frankston.
7In the early hours of Saturday, 13 March 2021, you were at the McDonald’s with another male and a female. You were wearing a distinctive Ralph Lauren polo shirt which had a number “3” on the back of it.
8At 12.54 am, Mr Pelka arrived at McDonald’s and, as he entered, he saw you with the other male and female. As he walked past you, he apparently made a remark along the lines of “fucking junkies”.
9Your group took offence, especially the female who shouted at Mr Pelka and hit him on the head. You and Mr Pelka exchanged words. The staff at McDonald’s then told everyone to leave and called 000 soon after this.
10At 1.01 am, you and Mr Pelka went outside into the carpark next to Wells Road. As you were walking outside, you were in possession of an orange box cutter knife. Mr Pelka was not aware of this.
11Mr Pelka followed you into the carpark and a confrontation occurred between the two of you. Your male associate attempted to defuse the situation. However, the female associate remained aggressive. She pointed to Mr Pelka, yelled at him, and tried to strike him on the head.
12After an exchange of words, Mr Pelka turned and began to walk away. You then stepped towards him and reached out to touch him. Mr Pelka turned around and moved towards you, grappling with you. Whilst the two of you were fighting, you attacked Mr Pelka with the box cutter, slashing him several times to his forehead, neck and upper body. As this was happening, Mr Pelka pushed you to the ground.
13After the two of you separated, Mr Pelka had been slashed by the box cutter and was bleeding heavily. He spoke to your male and female associates for a moment before going back into McDonald’s where he went to the toilet area to find his female friend. He then returned outside to the carpark where he collapsed. He was helped by members of the public until police and ambulance arrived. He was then taken to the Alfred Hospital in a critical condition.
14Immediately following the incident, you stood up, picked up your cap which had fallen off, and quickly walked away towards Wells Road. You then walked several hundred metres away to Olsen Street where you were captured on CCTV at 1.03 am. The incident was witnessed by a number of other people at McDonald’s at the time. 000 was called by one of the witnesses and she and another witness waited until the ambulance arrived.
15The incident was captured on CCTV footage, although I must say that having viewed the footage, it was not entirely clear as to what was happening at any particular time.
16Police have later found the box cutter which you had used in a wheelie bin in Olsen Street. It still had blood on the blade.
17On 18 March 2021, you were arrested after being identified by a security guard at a shop and police were immediately notified by phone.
18You were arrested by police and found to be in possession of a folded pocket knife and a box cutter blade. This gives rise to Summary Charges 2 and 3, possess controlled weapon.
19I understand that when you committed the offences, you were on bail for other matters, which gives rise to the relevant summary charge.
20As a result of the assault, Mr Pelka suffered the following injuries:
(a) 5 centimetre deep forehead laceration;
(b) left ear laceration;
(c) deep neck laceration; and
(d) three lacerations to his right forearm or hand.
21His wounds were explored, debrided and repaired in the operating room at the hospital.
22The matter was resolved to a plea of guilty to the charge of recklessly causing serious injury on the following basis:
23The Crown conceded the following matters:
(a) that the victim initiated the confrontation inside McDonald’s by verbally abusing you;
(b) that the victim followed you outside, then initiated a forceful and physical confrontation with you;
(c) you acted in self-defence in that you subjectively believed that it was necessary to do what you did, but your actions were excessive in the use of a utility knife which was not an objectively reasonable response in the circumstances; and
(d) you ceased your attack on the victim the moment that the victim stopped attacking you.
24Mr Monahan, your offending is serious and deserving of a punishment which is just in all of the circumstances. Your conduct must be appropriately denounced.
25Whilst I accept, as I must, that the initial aggressor in relation to this confrontation was the victim, this in no way excuses your most violent response, utilising a weapon in circumstances where, evidently, the victim did not have one. Having said this, I am most mindful of the fact that you have pleaded guilty to recklessly causing serious injury and that the injuries sustained by the victim were inflicted in the course of a reckless bid to fend him off you. I also accept that as soon as this had been achieved, you stopped fighting with him.
26There is no victim impact statement. However, it takes no imagination to understand that the victim sustained serious injury and must have suffered a good deal after the attack due to the seriousness of his injuries.
27In sentencing you, I take into account your lengthy criminal history which has a number of relevant prior convictions including convictions for possessing controlled weapons and armed robbery. Your significant history, combined with your struggles with drugs and mental health issues, does not bode well for your prospects of rehabilitation.
28I was told that you have been a drug user for most of your life and had preferred using heroin, but you had also used methamphetamine from time to time.
29You have spent a good deal of your adult life in jail with brief periods of liberty in the community. Unfortunately, you have not had much in the way of community support, stable housing or structures in place which has led to homelessness and drug use upon release from custody on occasion in the past. I understand that the offending now before me occurred during such a brief period of liberty in the community. You were essentially homeless at the time and it was in this context that you were in possession of the box cutter to protect you from being robbed or stood over. I understand that this was also the context in which you were carrying weapons when you were arrested by police, giving rise to the two summary charges.
30I was told that during a period of incarceration in 2011, you were seriously assaulted by prison staff at Barwon, an incident which was captured on CCTV. As a result of this attack, you continue to suffer back pain, with medico-legal assessments concluding that the application of force during the assault led to an L5/S1 disc protrusion. You have legal proceedings on foot in the civil jurisdiction in relation to this matter.
31Further, you have complex mental health issues and have received diagnoses of depression, anxiety, psychosis, personality disorder and intellectual disability. I have received a number of psychiatric reports in relation to your mental health, as well as reference to a Court of Appeal decision in 2014 where the Court accepted evidence that you had a diagnosis of borderline personality disorder and psychosis, with the latter likely due to schizophrenia, in addition to an existing diagnosis of depression.
32In DPP v Monaghan [2014] VSCA 82 at [50], the Court said:
“Dr Cidoni expressed the opinion that the applicant displayed features consistent with borderline personality disorder and that there was a longstanding pattern of mood instability, anger and impulsivity. There was evidence of acute psychosis with thought disorder and paranoia and that acute psychosis can occur in borderline personality disorder under stress. Dr Cidoni also thought that there was some evidence of an underlying psychotic disorder (such as schizophrenia). He expressed the view that it was likely that the applicant would have further anxiety, instability of mood and paranoia in custody. When again assessing the applicant (more than six months after his first assessment), Dr Cidoni found that the applicant’s mental state had significantly deteriorated. The existence of borderline personality disorder and psychosis would mean, Dr Cidoni thought, that a term of imprisonment would weigh more heavily on the applicant than depression alone.”
At [52], the Court concluded that there was sufficient evidence to establish a serious risk that imprisonment would have a significant adverse effect on your mental health, and therefore would make imprisonment more burdensome for you than for someone without your conditions.
33Although I have not received more recent material, I accept that you do suffer from an impairment or impairments of mental function which would make life in jail harsher than would otherwise be the case. Further, I accept that your back condition, for which you are unable to receive appropriate medication due to prison regulations, would make time in custody harsher than would otherwise be the case. In this regard, I note that you have already been in custody for a significant period labouring under mental health difficulties and physical difficulties, neither of which can be appropriately medicated.
34In sentencing you, I allow a discount which is not insignificant for your preparedness to plead guilty to the charge on the indictment. I make such an allowance despite the fact that you ran a contested committal hearing and pleaded guilty at a relatively late stage. I do so as you have saved the witnesses, especially the victim, the time and trouble of giving evidence at a trial and you have saved the community the time and expense of a trial, and I make a further allowance in your favour due to your preparedness to plead guilty where you may have had a viable defence of self-defence. Having said this, although a jury question if the matter went to trial, the introduction of a knife into the confrontation with the victim did take the level of violence up a significant notch, in my view. However, it was a question that could have been run before a jury. By pleading guilty to the charge on the indictment, you have contributed to the reduction of the backlog in trials and the law says you must receive a real and discernible discount in relation to this.
35I also accept that your time in jail has been, and would be, harsher due to the fact that you have been subject to restrictions because of the COVID pandemic and due to your fears and trauma arising from the assault perpetrated upon you in prison a number of years ago. Having said this, it appears to me in your criminal history that your fear of returning to jail due to being assaulted has not resulted in you behaving yourself in the community in the period after that assault upon you.
36However, I accept that the offending before me is in a separate category of offending engaged in by you in the past as, in this instance, you were not looking for any trouble and were essentially minding your own business when the victim confronted you.
37I was told that whilst in prison, you have been placed on the methadone program which has been of some assistance. However, as I have said, medication in relation to your back pain and mental health issues has not been forthcoming in an appropriate way in that environment.
38I was told that you have funding for an NDIS worker and that you have had the support of such a worker, which has made a good deal of difference in terms of your level of support. I was told that there is some funding for accommodation upon your release, although this was further explained at the further plea hearing last week and today, in that more funding is needed to give you supported accommodation at a facility in Cheltenham. However, Mr Marsh submitted that a combination of supports through the NDIS and a Community Corrections Order would help to address your mental health and drug issues once released into the community. When you were assessed for a Community Corrections Order, you did not appear to be interested in receiving such support through NDIS, including in respect of accommodation, which is of concern. When the matter returned for a further plea hearing last week, I was told that you were interested in taking up supported accommodation in Cheltenham, to which I have referred, and I will refer to a little later on.
39Although Mr Marsh conceded that your prospects of rehabilitation were rather poor, he submitted that periods of incarceration in the past had not served to assist you in rehabilitation and that the prospect of you being released from jail without any support, which had occurred in the past, was not going to be helpful to you or protecting the community. He submitted that a head sentence with a non-parole period attached would, in all likelihood, result in you serving the entire sentence without any supervision under parole. Whilst that might be the case, if I took the view that this was the only appropriate sentence, I would not be able to have regard to that aspect as it would involve speculation on my part.
40I was also told that in the past, you had been transferred to the Acute Assessment Unit in prison, such was the state of your mental health. While this had not occurred on this occasion, this did not mean that you were not in need of appropriate treatment for your mental health.
41In all of the circumstances, I find that your prospects of rehabilitation are rather poor, I am afraid, and I must give substantial weight to specific deterrence in a bid to deter you from further offending. Having said this, I am mindful of the particular circumstances in which you offended on this occasion. I must also give fairly substantial weight to the need to protect the community and I must give strong weight to general deterrence in a bid to deter others from offending in the way you have. Again, in assessing the weight that I need to attach to these principles, I have been most mindful of the particular circumstances in which this offending arose. However, I have also borne in mind your significant criminal history and the fact that you were carrying weapons after this event, albeit that you have an explanation for doing so.
42At the original plea hearing I was told that once released from custody, you would return to the Frankston area where you do have some family. However, at the further plea hearing on 16 August, I was told that you might have accommodation through ‘Phoenix’ at supported accommodation in Cheltenham, if funding could be organised through NDIS. I was told that this is still a pending matter and that the bed was still available for you. Although you had previously reported an unwillingness to accept accommodation through NDIS, Mr Marsh told me that you were willing to now and that the location for this was good as it was not in Frankston where a number of your associates engaged in drug use and you have engaged in offending in the past. On the other hand, such housing was close enough to Frankston for you to visit family or work if needs be.
43I understand you have two uncles living in Frankston or in the Frankston area with whom you have a good relationship, and one of these uncles has a panel beating business who has indicated he might have some work for you. It is to be hoped that you do engage in employment of some kind which will give some structure to your day, in addition to undertaking any other programs and treatment required of you. I am also concerned that you have been unwilling to engage in mental health treatment offered through NDIS but Mr Marsh has told me that you are now willing to do so and you understand that you need your mental health issues to be properly addressed.
44At the original plea hearing, Mr Marsh submitted that you were getting to an age in your life where it was less likely that you would commit criminal offences and, in circumstances where you had more support in the community through a Community Corrections Order and NDIS, your prospects of rehabilitation would be maximised. At the further plea hearing last week, he told me that you were going to do your very best to comply with the Community Corrections Order if one was imposed and that you were very anxious to be released from prison.
45Ultimately, Mr Marsh submitted that a jail term which reflected the time you have already served, that being a significant period, in combination with a Community Corrections Order with therapeutic conditions, was appropriate in your case. I emphasised to Mr Marsh that if I were persuaded to sentence you in this way, you should understand that breaching the Community Corrections Order would not automatically mean that you would not be resentenced to a further period of jail. He said that he had explained this to you and you understood this.
46The learned prosecutor, Ms Holmes, submitted that her instructions were that a head sentence with a non-parole period was appropriate, although she mostly fairly acknowledged that this was not the stance that the prosecution had taken at the case conference where she had indicated on instruction that a disposition of the kind sought by Mr Marsh was an option. Ms Holmes also submitted, most fairly, at the plea hearing that, in her view, the submission sought by defence was an appropriate one. She undertook to obtain further instructions and at the further plea last week she indicated that her instructions remained that a head sentence with a non-parole period was the only appropriate sentence. However, she submitted that this was obviously a matter for me at the end of the day.
47The extended Community Corrections Order assessment report indicated that you were not suitable for a Community Corrections Order in view of your high risk of re-offending and complex needs. However, Ms Comerford most helpfully set out conditions of a Community Corrections Order that would be appropriate in your case if I decided that I would release you on a Community Corrections Order and she also did what she could to explore transitioning you from the prison to a Community Corrections Order.
48I further adjourned the hearing as I was not happy with releasing you on a Community Corrections Order without appropriate plans being in place, as these were still in a state of flux. In this regard, I expressed my concern that Ms Comerford, who assessed you for a Community Corrections Order, was unable to achieve any co-operation with the prison in a bid to try to facilitate an appropriate and co-ordinated transition for you from custody into the community. After the further hearing last week, I arranged for my associate to follow up on this aspect and I am very grateful for the information and assistance that we have now received in this regard, which has been the subject of email exchange with the parties. In essence, the co-operation has now been established and it appears that there may have been an element of a comedy of errors in terms of communication and achieving a transition plan.
49Having considered all of the relevant matters in this case, including the Community Corrections assessment, I have come to the view that, in the particular circumstances of your offending on the occasion before me, and all things considered, it is appropriate to impose a term of imprisonment in combination with a fairly lengthy Community Corrections Order. Such an order will hopefully provide a level of supervision that is required when you are in the community.
50You are convicted of the offence on the indictment and of the summary offences.
51In respect of all of the offences, I sentence you to an aggregate term of 530 days’ imprisonment in combination with a Community Corrections Order, the conditions of which I will now explain.
52I intend to place you on a Community Corrections Order but I can only do this if you agree, so please listen carefully to the order that I propose:
53The Community Corrections Order would run for a period of 2 years, 6 months.
54The conditions of the order would be as follows:
55The mandatory terms that apply to all Community Corrections Orders, which are:
56You must not commit another offence for which you could be imprisoned during the time that the order is in force;
57You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;
58You must report to, and receive visits from, the Secretary to the Department of Justice (or his or her delegate);
59Now, just in relation to where Mr Monaghan ought report, I understood that if he is successful in living at Cheltenham that the relevant Community Corrections centre would be Moorabbin, Ms Brimble, but I just need some clarification about where he should report on his release.
60MS BRIMBLE: Yes, Your Honour. For the time being, we think it would be best if he reports to Frankston, so that we can ensure that he gets, kind of, accommodation there and he’s close to his GP.
61HER HONOUR: Yes. Thank you. Very well.
62Then you must report to the Frankston Community Corrections Centre before 4 pm within two clear working days of your release from gaol.
63You must let a Community Corrections officer know within two clear working days of you changing your address or job;
64You must not leave Victoria without first obtaining permission to do so from the Secretary to the Department of Justice (or his or her delegate);
65You must obey all lawful instructions from and directions of the Secretary to the Department of Justice (or his or her delegate).
66Now, the conditions that apply in addition to the mandatory terms listed are:-
Supervision
67You must be under the supervision of a Community Corrections Officer for a period of 2 years 6 months.
Treatment and Rehabilitation
68You must undergo assessment and treatment including testing for drug abuse or dependency as directed by the Regional Manager. I require this condition to be administered intensively from the outset and throughout the period of the order.
69You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility, as directed by the Regional Manager. Again, I require this condition to be administered intensively from the outset and throughout the period of the order.
70Also, you must undergo medical assessment and treatment as directed by the Regional Manager.
Programs re offending
71Further, you must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager.
Monitoring
72You are to attend this Court from time to time (this may be done via video link or Zoom if this is arranged) to be monitored by me. Your first appointment will be on 27October this year at 10 am. Ahead of each monitoring appointment I will have Community Corrections provide a report as to how you are going on the order. You are not to be represented at these appointments as they are an opportunity for me to have a chat with you about your progress, and Community Corrections may also attend.
73You may also make an application to vary any of the conditions of this order if the need arises.
74Now, having heard the conditions of the order, do you agree to the terms and conditions of the order, Mr Monaghan?
75ACCUSED: Yes, yes.
76HER HONOUR: I should tell you that if you do not comply with all of the requirements of this order then you will face breach proceedings before me. You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges, in which case you may well be sentenced to a period of imprisonment. I would regard a breach of the Community Corrections Order as a most serious matter, whether it be because of further offending or because of non‑compliance with any of the other conditions of the order.
77Do you understand that?
78ACCUSED: Yes, Your Honour.
79HER HONOUR: All right. Do you still consent to the order? Mr Monaghan, do you still agree to the order?
80ACCUSED: Can I just explain that the order – I understand that the order is a lengthy order. If I have any difficulties with my order, who do I speak to about the order, because I’ve got some concerns I need to speak to people about.
81HER HONOUR: Okay. Well, look, if you’re having any trouble with any of the conditions of the order, you should talk to your Community Corrections officer about that. Okay. And if there is some need for the order to be varied in any particular way, then you can make an application to the Court for that to happen, and it might be that if you’re doing really well on that order after a period of time, for example, that you come back and you say, ‘Look, I don’t think I need to be on this order any more’, and I will have a listen to what you have to say about that. Okay.
82ACCUSED: Yes.
83HER HONOUR: Okay. But this order’s really designed to help you and give you some assistance in the community that you haven’t really had in the past and I think you need. Okay.
84ACCUSED: Yes.
85HER HONOUR: All right. Okay.
86Therefore, in relation to the charges, in combination with the gaol term I have already imposed, you are sentenced to a Community Corrections Order in the terms and conditions that I have just explained.
87Now, I will have your consent to the Community Corrections Order noted in the Court records and I will also note that your consent has been audio visually recorded.
88I should indicate that if not for your pleas of guilty I would have sentenced you to a period of 5 years’ imprisonment with a non-parole period of 3 years, 6 months.
89I declare that you have already served 522 days by way of pre-sentence detention.
90All right. Now, Mr Marsh, at this stage I’ve completed my sentencing remarks. Did you wish to have a word with Mr Monaghan at this stage, or a bit later on?
91MR MARSH: I’ll try and arrange a further time to have a conference with Mr Monaghan. Your Honour, I might – what I’m about to ask is unorthodox, but could I ask Your Honour to perhaps just reinforce to Mr Monaghan that if he’s having any difficulties with the order or is struggling with it in any respect that he should be proactively raising those concerns with Corrections rather than disengaging from the order?
92HER HONOUR: Absolutely.
93MR MARSH: Would Your Honour be happy to reinforce that with Mr Monaghan?
94HER HONOUR: Yes, yes. Sure. So, Mr Monaghan, you understand that if you are having any trouble with any of the conditions of the order, rather than – it’s not a good idea at all for you just to put your head in the sand about that and to do your own thing. You need to speak to Community Corrections about the difficulties that you’re having. Okay.
95ACCUSED: There’s just one other thing, Your Honour, I just want to - ‑ ‑
96HER HONOUR: Do you – could I just stop you there. Sorry, Mr Monaghan. Can I just stop you there. Do you understand that?
97ACCUSED: Yes.
98HER HONOUR: You’ve got to communicate with them. Yes.
99ACCUSED: Yes. That’s correct.
100HER HONOUR: Okay. So what’s the thing you want to say?
101ACCUSED: I’ve got another family member up in – interstate. I was wondering at the possibilities of me going to get away and start a new life interstate. How do I go about that?
102HER HONOUR: Okay. What state are they in?
103ACCUSED: Queensland.
104HER HONOUR: Well, look, let’s just see how you go initially with this order. It’s a good idea for you not to be living in Frankston. I think that’s a really good idea for you not to be, and the Cheltenham area might be the way to go in the short term. I’m not sure what the arrangements are with moving interstate, but it might well be that we do have arrangements with Queensland, and if you can – just down the track a little bit – tell me what those arrangements are and I get some proof about that from your relative, that they can have you, and Community Corrections say it’s a good idea, then, you know, we can have a look at that. Okay.
105ACCUSED: Yes, Your Honour. Thank you.
106HER HONOUR: Okay. But the better that you do with obeying the order, the bigger the chance that, you know, I’d be happy about you going interstate. Do you get that?
107ACCUSED: Yes, yes. That’s correct. Yes.
108HER HONOUR: Yes. Okay. All right. Well, all the best, and I’m going to have a chat with you on 27 October and I’ll see how you’re going at that stage with the order. Okay.
109ACCUSED: Yes. Thank you. Yes.
110HER HONOUR: All right. Thank you. Mr Marsh, do you wish to speak to your client over the transmission or leave it to another time?
111MR MARSH: No, Your Honour. My instructor and I, yes, will have a chance to go through this in some detail with Mr Monaghan, but I’m just reinforcing the fact that Your Honour has sentenced him to 530 days. He’s already served 522, so - ‑ ‑
112HER HONOUR: That’s right. And with lockdown and that, it might mean - ‑ ‑
113MR MARSH: - ‑ ‑ he can look to – pretty soon. Yes.
114HER HONOUR: - ‑ ‑ imminent release anyway, but, yes.
115MR MARSH: Yes. That’s right.
116HER HONOUR: Yes. All right. Yes. Thanks.
117MR MARSH: So thank you, Your Honour, for clarifying.
118HER HONOUR: Thank you. Ms Holmes, anything to raise? No. All right. Thank you.
119MS HOLMES: No. Thank you, Your Honour.
120HER HONOUR: Thank you very much, Ms Brimble, for joining us today and for your assistance too. Thank you, counsel, for your assistance. We’ll now adjourn.
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