Director of Public Prosecutions v Morgan

[2016] VCC 1085

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

CR-15-01708

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY MORGAN

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JUDGE:	HER HONOUR JUDGE PULLEN
WHERE HELD:	Melbourne
DATE OF HEARING:	18 and 21 July 2016
DATE OF SENTENCE:	28 July 2016
CASE MAY BE CITED AS:	DPP v Morgan
MEDIUM NEUTRAL CITATION:	[2016] VCC 1085

REASONS FOR SENTENCE
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Subject:  
Catchwords:            
Legislation Cited:     
Cases Cited:            
Sentence:                 

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Ms S. Flynn	Office Public Prosecutions
For the Accused	Mr C. Mandy	Slades and Parsons

HER HONOUR:

1       Bradley Morgan, you have pleaded guilty to one charge of recklessly causing serious injury and a charge of making a threat to inflict serious injury.  The maximum penalty applicable to recklessly causing serious injury is 15 years' imprisonment, and making a threat to inflict serious injury is five years' imprisonment.

2 You have also agreed to me hearing a summary charge pursuant to s145 Criminal Procedure Act 2009 and have pleaded guilty to committing an indictable offence, specifically the offence of recklessly causing serious injury whilst on bail. The maximum penalty applicable to that offence is 30 penalty units or three months' imprisonment. It probably also relates to the inflict serious injury as well.

3       Your crimes before me arise out of events which took place between yourself and the victim of your offending, Paul Daley, on 14 June 2015.

4       

It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter having been opened in some detail by the learned prosecutor consistent with the prosecution opening (Exhibit A). 

I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing.  It is sufficient for present purposes to simply say the facts in this case, in my opinion, are most serious. 

5       I turn to a brief summary of your offending.

6       On Sunday, 14 June 2015, Paul Daley was at his home in Hoddle Street, Collingwood.  He had previously met you about six to eight weeks prior to that and you had been staying temporarily at Mr Daley’s home.  Also present was your friend, Elisa Stephens.

7       On the morning of Sunday 14 June 2015, Mr Daley was asleep in his bed.  You barged into his room, woke him up and asked, "Where are they?  Where are they?" referring to laptops. 

8       Whilst Mr Daley was still laying down in bed, you kicked him straight to the face and punched him to the side and back of his head a few times.  That attack caused Mr Daley to bleed (Charge 1, recklessly causing serious injury). 

9       You started to leave the room but again asked where they were and told Mr Daley, "You’re going to get me $500 today, I don’t care if you have to go to St Kilda and suck dick, you’re going to get me $500 or I will cut your throat" (Charge 2, threat to inflict serious injury). 

10      You left the bedroom.  Mr Daley could hear you rattling around in the drawers and heard Elisa saying, "No, no, no."  You returned to the bedroom holding a knife in a threatening manner as if you were going to lunge at Mr Daley.  Elisa again said no, and told Mr Daley to say he would pay it.

11      You continued to assault Mr Daley and hit him to the side of the head approximately four more times.  You then left the bedroom. 

12      Mr Daley thought he heard a door shut so got up and went to run for the front door.  You grabbed him by the left arm as he got to the front door and tried to pull him back into the flat.  You hit Mr Daley another couple of times to the head and arm. 

13      Mr Daley was able to break free and ran to the next building.  CCTV footage from the lift shows Mr Daley enter the lift from level 10 at 11.17am and exit the lift on the ground floor.  The CCTV footage also shows the extensive injuries to Mr Daley’s face. 

14      A number of photographs were also before me showing the injuries to Mr Daley (Exhibit B). 

15      A security guard from the next building saw Mr Daley walk into the building covered in blood and bruised.  An ambulance was called. 

16      Mr Daley told the security guard there was a man in his unit who had injured him and was still there.  He did not name the person but said the man wanted money and attacked him and that the man had been staying with him a couple of weeks.

17      CCTV footage then showed you and a woman leave 253 Hoddle Street via a stairwell at 11.22am and further CCTV footage showed Ms Stevens enter the lift on level 10 at 11.25am, then exiting the lift and leaving the building through the front door. 

18      Police attended at the scene and saw blood on the floor, on a pole in the lift, drops of blood on the floor of the hallway leading to Mr Daley’s flat and blood in his bedroom. 

19      Mr Daley was taken to St Vincent’s Hospital.  He had marked swelling and bruising around his left eye, a cracked molar tooth, multiple minor scratches and bruises around his torso as well as a deformed nose. 

20      CT scans revealed a fractured (broken) eye socket, as well as a broken nose.  A CT scan also revealed subdural haemorrhages (bleeding around the brain).  Mr Daley also had a depressed fracture through the frontal wall of his upper jaw bone cavity. 

21      Mr Daley underwent surgery to his broken facial bones, as outlined in the prosecution opening (Exhibit A, para 13).  Treatment thereafter comprised multiple specialist assessments including emergency, trauma surgical, plastic surgical, eye specialist, and nursing and allied health services such as physiotherapy, social work and an occupational therapist.

22      You were arrested on 8 July 2015 and at that time exercised your right to answer "no comment" to questions asked by police of you regarding this incident.  As I said, this was your right. 

23      At the time you committed these offences you were on bail (Summary charge). 

24      There has not been a Victim Impact Statement provided, however I accept the injuries he sustained were serious, consistent obviously with your plea before me.  It is also likely Mr Daley suffered psychological impact as well as physical difficulties, the latter requiring surgery as a result of your offending.  I can also accept that Mr Daley was in pain at the time and also as a result of the interventions by professionals who attended to his injuries.  To draw any long-term conclusions as to his condition would be speculative. 

25      I do not have any information, as I say, regarding any long-term effects of his injuries, as attempts to locate Mr Daley to advise him of his ability to make a statement have not been successful. 

26      There are a number of aggravating features of your offending; that is, this offending occurred whilst you were on bail and also on a Community Correction Order (that having been imposed on 2 July 2013 for three years).  This was a vicious unprovoked attack, occurring in the victim’s home whilst he was in bed asleep, and also involved a kick to the victim’s head.  You also produced a knife during this incident, as described in paragraph 10. 

27      

You have pleaded guilty to these charges and are entitled to have that fact taken into account in your favour and I do so.  The community has been spared the time and cost of a trial and witnesses, in particular the victim of your offending, Mr Daley, has not been required to give evidence upon your trial. 

I do, however, note that your plea of guilty was entered at the door of the Court on the day your trial was to start on 18 July 2016.  Your plea of guilty to these charges was entered late, however it did occur and you are entitled to a discount reflecting not only your plea of guilty but at the stage at which it was entered and your sentence reflects that. 

28      I accept your plea of guilty is indicative of some remorse for your offending, but am concerned about the extent of your remorse given your history of, in part, violent offending. 

29      You were remanded in custody on 8 July 2015 for this offending and for "other" matters.  On 24 March 2016 you were sentenced to a term of imprisonment for the "other" matters, with 183 days of pre-sentence detention declared.  This meant that sentence lapsed on the same day, i.e. 24 March 2016.  You have remained in custody on remand for this matter since that date.

30      Your pre-sentence detention for this offending as at the date of your plea hearing involves remand between 8 July 2015 and 23 September 2015 and between 25 March 2016 and 20 July 2016, a total of 196 days as at 20 July 2016.  I also note that, in addition to the sentence I impose for this offending, you will have served a further six months for the offences dealt with on 24 March 2016.  I discussed this with counsel. 

31      As such the principles in R v Renzella[1] have application. 

[1] [1999] VSCA 85

32 Where s.18 Sentencing Act 1991 does not apply, the common law may allow such time to be generally taken into account in fixing the sentence. This occurs where justice requires the Court to credit the offender for time spent in custody. The amount to be credited is not a mathematical exercise and no specific words are required.

33      You have admitted an extensive, troubling and relevant prior criminal history.  Your first court appearance was in 1990 at Preston Magistrates’ Court and your most recent prior appearance at the Latrobe Valley County Court on 2 May 2013 for a charge of intentionally causing injury.

34      In between those dates, you have appeared at Court on numerous occasions for not only dishonesty/drug offences and failing to answer bail, but significantly violent-type offending including assaulting police (albeit dated), carrying a controlled weapon and armed robbery.  You were also sentenced at Melbourne County Court on 3 November 2011 for intentionally causing injury, for which you received a period of 15 months' imprisonment with a non-parole period of nine months.  You then appeared at Neighbourhood Justice Centre at the Magistrates’ Court at Collingwood on 24 November 2011 on charges of unlawful assault, intentionally damaging property amongst dishonesty offences and received an aggregate two months' imprisonment.  Your most recent prior appearance was at Latrobe Valley County Court on 2 May 2013 for intentionally cause injury for which you were sentenced to six months' imprisonment together with a three year Community Corrections Order to begin on 2 July 2013.

35      The offending before me which occurred on 14 June 2015 occurred approximately 13 months prior to that Community Correction Order end date.  You are, of course, not being sentenced by me for breaching that Community Correction Order, however, such is relevant when assessing your rehabilitation prospects.  The offence of intentionally causing injury is however a relevant prior violent offence. 

36      I note in the past you have previously breached a suspended sentence and other community-based orders.  I also note numerous appearances for failing to answer bail, which also demonstrates your disregard for the Court process.

37      I have been told by your counsel, Mr Mandy, something of your personal history and circumstances. 

38      You are 46 years of age at time of sentence. 

39      Mr Mandy conceded you had previously been on Community Correction Orders/Community-Based Orders, and breached them.  The most recent Community Correction Order was imposed by his Honour Judge Smallwood on 2 May 2013 and you had not complied with that Order, not only by your offending before me, but I was told by lack of compliance. 

40      Mr Mandy said you were homeless upon your release from Barwon Prison and initially attended Fitzroy Corrections then Carlton Corrections, however over time forgot to keep appointments.  Your compliance with the Community Correction Order, Mr Mandy submitted, further waned as a result of your life becoming "derailed" around Christmas 2013 when diagnosed with HIV. 

41      Not surprisingly, that diagnosis caused you a lot of distress.  Mr Mandy submitted you did not fully appreciate there was treatment available for HIV, and you resorted to use of illicit drugs, in particular heroin and amphetamine, which resulted in further non-compliance with that Community Correction Order.

42      Regarding your offending before me, you said you remembered there was a dispute involving money owed to you, however your recollection of your offending was not clear, as a result of the drugs you had used at the time of this offending.

43      

I discussed with Mr Mandy if he was relying on any of the principles in

R v Verdins & Ors[2].  

It seemed that initially he was, and then ultimately I thought he was not.  In my opinion it is not appropriate, Verdins principles do not apply based on all the material before me. 

[2] [2007] 16 VR 269

44      He did, however, rely upon your ill health in custody.  You would, he submitted, find custody more burdensome as a result of your physical and medical conditions, and I accept that is so. 

45      Mr Mandy referred to a file note in medical material obtained from the prison dated 19 May 2016, which indicated you were receiving some treatment for HIV, including medication.  There were, however some internal management issues between the professionals about which "team" should be responsible for the ongoing management of your HIV.  I trust that will be resolved to ensure your appropriate management. 

46      Mr Mandy was not submitting you could not be "looked after" in prison, rather that your physical condition and mental health would make your time more difficult.

47      He referred to the stigma within the prison attached to prisoners with HIV, which had in part led to your curtailed social interactions with other prisoners. 

48      I was also advised, and accept, that as a result of your HIV, when you have infections your immune system has difficulty coping and that you had been hospitalised on five occasions for infections during this most recent period of incarceration. 

49      I was also told of your knee injury, which involved a patella dislocation, and I also have noticed whilst in Court you have been wearing a knee brace and walking with the assistance of crutches.  I have been told you are booked in for an MRI scan for your knee on 2 February 2017. 

50      Mr Mandy was ultimately submitting your difficulties with mobility, HIV status and treatment would make your time in custody more difficult.

51      Whilst I am of the opinion these conditions do not enliven Verdins principles 5 and 6, not being related to a mental health condition, I do however, accept your time in custody will be more difficult because of these matters and have taken that into account as part of the general sentencing principles in mitigation of your sentence.

52      Turning to your prior criminal history, Mr Mandy submitted there were very few offences of violence in your history until approximately ten years ago, commencing in about 2006.  At that time, he said your offending involved drug use, mainly heroin, until approximately 2011 when you commenced amphetamine use. 

53      I was told of your background and history.  You were born in Robinvale and your parents were seasonal fruit pickers.  As a result of their work, the family moved around a lot.  You were the third youngest of eight children.

54      Your parents are now deceased.  Your father was an alcoholic and violent to you, your mother and siblings. 

55      

You witnessed this violence, and at 5 years of age social services removed both you and your older brother from the family and you were taken to

St Augustine's Orphanage in Geelong. 

56      You spent nine years living there and attended Geelong Primary School, then Geelong Technical College.  Whilst you did not suffer sexual abuse at St Augustine's there was nevertheless violence in the form of strict discipline.  

57      Your brother left St Augustine’s when he was 16 and you followed shortly thereafter, leaving without permission of the Brothers.  You moved to Fitzroy to be with your mother. 

58      You fathered your first child at age 14 and I was told you have five children, their ages ranging from 32 years of age to the youngest, 18.

59      Your drug use began from the ages of 15 and 16, also your homelessness and unemployment.  You had only a small amount of work over the years, mainly labouring and had lived on the streets for much of your time.

60      There was some stability in your life when the mother of your two youngest children, now aged 20 and 18, were born. 

61      Mr Mandy, at the outset of his submissions, urged you be considered for a sentence of imprisonment with a Community Correction Order for your offending. 

62      In addressing in particular the Community Correction Order component, he referred to the sentencing remarks of his Honour Judge Smallwood when you were sentenced on 2 May 2013, and reference was made to Wulgunggo Ngalu Learning Place.  It would appear, following your release back into the community from his Honour’s sentence, at an attendance with Corrections on 22 August, you requested to be considered for that residence, however you disengaged with Community Corrections Services between August and January 2014 and nothing further was done to advance that.  As I discussed with Mr Mandy, your failure to comply with order conditions including not attending and specifically disengaging, meant you were not able to pursue that accommodation potential option. 

63      Mr Mandy also referred to you being a talented artist and that a piece of your artwork was on display in the visitors’ centre at Port Phillip Prison.  I encourage your ongoing involvement with art and note that Corrections Victoria specifically encourages Aboriginal prisoners to become involved in artwork both when in custody and when returned to the community after sentence.  I also encourage this.  I will refer a little more to this at the end of these sentencing remarks. 

64      

Before me were the sentencing remarks of his Honour Judge Coish on

16 August 2006, subsequently appealed (application refused), his Honour Judge Taft on 3 November 2011, and by his Honour Judge Smallwood on

2 May 2013 for three prior Court appearances. 

65      I have read those sentences and remarks, and they provide further details of your then offending and background. 

66      His Honour Judge Coish in 2006 referred to your "grossly disadvantaged childhood", your father’s violence and your time in a boys’ home.  His Honour referred to you completing Year 11 at school.  You began using heroin "in the past six years", commenced using marijuana at age 12 and amphetamines as a teenager. 

67      

Before his Honour was a report from Mr Crewdson, Psychologist, dated

11 August 2006.  Mr Crewdson concluded your psychological features had led to your drug use and heroin dependence.  His Honour accepted Mr Crewdson’s opinion that you were "now" well - that is obviously at the time of sentence - and not as psychologically vulnerable as you had been in the past. 

68      His Honour accepted you were aware you needed to make many psychosocial changes to avoid becoming involved in drug use of a major kind.  I am in no doubt you are well aware of that even today. 

69      Reference was also made by his Honour to a report by Dr Danny Sullivan, Psychiatrist, in August 2006, referrable to your polysubstance abuse over the years.  There was at that time no psychiatric diagnosis applicable.  You were then on medication from blood pressure and asthma. 

70      

I note his Honour also referred to the well-established principles in

R v Fuller-Cust[3]. 

[3] (2002) 6 VR 496

71      In the sentencing remarks of his Honour Judge Taft on 3 November 2011, reference was also made to your "unhappy" time, which I appreciate is an understatement, at the boys’ home in Geelong. 

72      His Honour accepted, as do I, your drug and alcohol use together with personal and family dislocation had disrupted your life.  You were at that time on a methadone program. 

73      In the sentencing remarks of his Honour Judge Smallwood of 2 May 2013 (Koori Court, see para 1 of his sentence remarks), his Honour noted, as do I, your concerning prior court appearances. 

74      Before his Honour was a report from Mr Warren Simmons, Psychologist and some TAFE Certificates. 

75      At that time you were in "good physical condition".  I note your changed physical circumstances before me. 

76      His Honour referred to your very poor treatment at the orphanage.  You were "getting drunk" by age 10-11, smoking cannabis from about 12, and using amphetamines from about 14. 

77      You had then expressed to his Honour your determination to rehabilitate (your offending before me illustrates how difficult this is for you).  You accepted at that time that your rehabilitation would be better if you did not use drugs.  That is obviously so. 

78      His Honour expressed the hope you could be assessed for Wulgunggo Ngalu and that he hoped this could be addressed on the Community Correction Order.  Unfortunately this was not pursued beyond your expression of interest, due to your disengagement with Corrections. 

79      Mr Mandy submitted, and I accept, your prospects of rehabilitation are at best "guarded".  You have not to date sought any drug treatment to address your drug use and it is clear this would assist in your rehabilitation and you know it.  Despite your "promises" in the past to address drug use, it has not eventuated.  I also note that you have previously breached Court orders, which also causes me concern regarding your ultimate prospects of rehabilitation.  I, however, when sentencing you must seek to maximise your chances of rehabilitation as they may be. 

80      Mr Mandy conceded there needed to be general and specific deterrence when sentencing you.  He conceded your offending behaviour was grave and that in the past ten years there had also been violent offending by you.

81      Ms Flynn, who appeared on behalf of the prosecution, submitted the combination disposition urged by Mr Mandy of a term of imprisonment with a Community Correction Order would be outside the range of appropriate dispositions.

82      Ms Flynn referred to the gravity of this offending and your history of violent offending.  Ms Flynn also referred to your lack of compliance with Court orders in the past and in particular the recent Community Correction Order.

83      Ms Flynn referred to the need for general and specific deterrence, denunciation and the need to protect the community from you.

84      Ms Flynn submitted that none of the principles in Verdins were enlivened, however, your physical health was relevant to sentence, consistent with general sentencing principles as relevant sentencing considerations. 

85      Ms Flynn acknowledged your plea of guilty and submitted whilst it was "at the door of the Court", there had not been a contested committal hearing and I accept that is so.

86      

Mr Mandy, in urging I impose a term of imprisonment with a Community Correction Order, regarding the latter - that is, the order - in essence relied upon R v Boulton & Ors[4].  That decision has been referred to and addressed in a number of subsequent cases including DPP v Maxfield[5], Alam v The Queen[6], Marocchini v The Queen[7] and Hutchison v The Queen[8], and recently

Gul v The Queen[9]

, although of course being mindful of the different offending in those cases from yours. 

[9] [2016] VSCA 82

[4] (2014) VSCA 342

[5] [2015] VSCA 95

[6] [2015] VSCA 48

[7] [2015] VSCA 29

[8] [2015] VSCA 115

87      I did not however understand Boulton to remove the requirement that a sentencing judge take into account s5 Sentencing Act 1991, not just s5(4C) of the Act, nor did I understand Boulton to mean that the sentencing principles stated by the Court of Appeal relevant to this type of offending now amounted to nought.  Nor did I understand Boulton’s decision to remove the instinctive synthesis required when sentencing. 

88      I also did not understand Boulton to remove the need for me to be mindful of the maximum penalty for this type of offence, as set by Parliament. 

89      As well as matters personal to you to which I have referred including you prospects of rehabilitation as I find them to be, I must also take into account matters such as deterrence, especially general deterrence, which is of considerable importance in a case such as this.

90      There is also the need for specific deterrence when sentencing you, given your relevant prior criminal history. 

91      I must also consider the question of protection of members of the community from you and bear in mind the likelihood of your re-offending.  I remain concerned about that given the lack of attention to date, in particular addressing your drug use and its role in your offending, and despite opportunities offered to you to address this in previous court dispositions. 

92      I am called upon by the Sentencing Act to manifest the community’s denunciation of your conduct and generally to impose a just punishment. 

93      Whilst sentencing decisions in other cases involving similar offending and also sentencing statistics have their place in sentencing, it is different comparing cases factually as the nature of the offence, circumstances of it and matters personal to an offender vary enormously case to case, and sentencing statistics do not assist in analysis of any particular case, given the information missing from those statistics. 

94      Ultimately, I must determine, with the assistance that I can from those sources, the appropriate sentence taking into account your offending and all matters personal to you and in mitigation of sentence. 

95      In sentencing, as I have said, I have taken into account the principles in Renzella[10].  You have effectively served an extra six months in custody at this time following sentence on 24 March 2016, and I have made some small allowance for that in determining the appropriate sentence before me. 

[10] [1999] VSCA 85

96      When sentencing I have taken into account the principle of totality. 

97      I sentence you as follows.

98      On Charge 1, you are convicted and sentenced to 2 years and 8 months’ imprisonment.

99      On Charge 2, you are convicted and sentenced to 10 months' imprisonment.

100     On the summary charge, you are convicted and sentenced to 1 month’s imprisonment.

101     I direct the following in relation to cumulation and concurrency. 

102     Charge 1 is the base sentence and I direct that 4 months of Charge 2 be served cumulatively upon Charge 1 and 14 days of the summary charge be served cumulatively upon Charge 1.

103     For clarity, the orders for cumulation are made upon each other and upon the base sentence. 

104     That results in a total effective sentence of 3 years and 14 days' imprisonment and I direct that you serve a period of 20 months before you are eligible for parole.

105 Pursuant to s18(4) Sentencing Act 1991, I declare you have spent 203 days in custody (up to and including yesterday, being 27 July 2016) by way of pre-sentence detention and I direct that be entered into the records of the Court.

106 Pursuant to s6AAA Sentencing Act 1991, had you been found guilty of these offences following jury verdict, in other words if you had pleaded not guilty to these charges and been found guilty of them by jury verdict, I would have sentenced you to a term of imprisonment of 5 years with a non-parole period of 3 years and 6 months.

107     No other orders were sought by the prosecution.

108     Can I just clarify if the PSD is right?

109     MS VOULANIS:  Your Honour, I get 203 as well.

110     HER HONOUR:  How many?

111     MS VOULANIS:  Two hundred and three days, Your Honour.

112     HER HONOUR:  So correct.

113     MS VOULANIS:  That was correct.

114     MR MANDY:  Yes, Your Honour. 

115     HER HONOUR:  You agree?

116     MS SMYTH:  Yes.

117     HER HONOUR:  All right, so that will be entered into the records of the court.  The sentence has finished.  What I am about to say now needs to be said, though I thought it was very obvious, and has nothing to do with your sentence.  That is a separate issue.

118     But I am interested in your being rehabilitated, as I have said.  I was talking to you briefly - I am not going to waste too much time on this; I have sentenced you and this is really just gratuitous.  But I arranged to have a couple of brochures sent to me about the Aboriginal art policy that is running in the prison system, and if you are good at art or even interested in it - you do not have to be good, you can be interested - Corrections do offer a program.  The last time I went to a Corrections meeting, it was in about early this year, there were about 110 Aboriginal prisoners who take part in this, and in the community, ex-prisoners are about 20, 23 - do not quote me on that last figure.  And they are doing really well; they make money, they sell their artwork and when they get out of prison, you get the money, or it is put in trust - I do not know how it works, but the point is you can make some money by it.  They have exhibitions and, as you can see, it is called "Confined", which would give you a pretty good clue that it is to do with prisoners, and it is run by Corrections in conjunction with The Torch.  Artists display their art and they get paid.  It is down at St Kilda.

119     So what I am going to hand to you - you can throw it in the bin if you want to, but it is a small booklet produced by Corrections Victoria which talks about the policy.  I do not expect you to read it.  Read it if you want to.  But it is available to you if you are interested.  Follow it up through the prison and wave it under their nose, even if you do not read it, so that they understand what you are on about.  There is an opportunity here for you to get some real boosts to rehabilitation, if you are interested.

120     As I say, Mr Mandy, that is a free advertisement on behalf of Corrections.  It has nothing to do with the sentence I have imposed.  All right, this is added information.  You can give it to your client if he wants it.  If he does not want it, maybe you might like to keep it and let those know at the Bar that this program exists, because I know some of this artwork has been selling for an awful lot of money.

121     MR MANDY:  I did look some of it up actually, Your Honour, after Your Honour mentioned it last time.  Some of it is pretty good.

122     HER HONOUR:  Yes, the Confined book was the last brochure, and some really good art.  It is worth pursuing but I do not care if he does not; it is not up to me, it is not part of the sentence, I make that abundantly clear - so that does not end up as some sort of submission.  It has got nothing to do with the sentence I have imposed.  I have not imposed that sentence so he can do the artwork.  Separate issue, this is just information giving, nothing more. 

123     

All right, is there anything further?  No, all right.  You will have go downstairs. 

I suppose he is not going to go anywhere in a hurry.  Did you want to have a quick word to him here before he - - -?

124     MR MANDY:  I will go downstairs and talk to him.

125     HER HONOUR:  All right, thank you.  Thank you, Mr Morgan.  Take your time, you will have to head off.  Slow it down and head off, all right.  No hurry.

126     All right, thanks.

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