Director of Public Prosecutions v Mughal

[2023] VCC 1122

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-21-01970
CR-21-01971

DIRECTOR OF PUBLIC PROSECUTIONS

v

ABUBAKER MUGHAL

HUSSAIN SAYED NOOR

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JUDGE:	HER HONOUR JUDGE GWYNN
WHERE HELD:	Melbourne
DATE OF HEARING:	26 June 2023
DATE OF SENTENCE:	29 June 2023
CASE MAY BE CITED AS:	DPP v Mughal & Anor
MEDIUM NEUTRAL CITATION:	[2023] VCC 1122

REASONS FOR SENTENCE
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Subject:Criminal Law

Catchwords:              Cultivation of a narcotic plant; Theft; Non-prohibited person possess a Category A longarm that is not registered; Possession of a drug of dependence; Dealing in property suspected of being the proceeds of crime; Failing to comply with a direction to assist

Legislation Cited:      Crimes Act 1958; Sentencing Act 1991

Cases Cited:

Sentence:                  Mughal: total effective sentence of 144 days imprisonment reckoned as served in combination with a 2 year CCO; 6AAA: total effective sentence of 20 months imprisonment with a non-parole period of 14 months; Sayed Noor: total effective sentence of 3 months imprisonment with 184 days reckoned as served in combination with a 2 year CCO; Convicted and fined $1500 and $1000 for summary charges 5 and 9 respectively; Convicted and discharged in relation to possession of drug of dependence; 6AAA: total effective sentence of 18 months with a non-parole period of 12 months. Ancillary orders sought and made.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A. Malik	Office of Public Prosecutions
For the Accused Mughal For the Accused Noor	Ms A. Sharpley Mr L. Barker	Slades & Parsons Criminal Law Theo Magazis and Associates

HER HONOUR:

1Abubaker Mughal and Hussain Sayed Noor you have each pleaded guilty on indictment to charges of:

(a)   cultivation of a narcotic plant, namely cannabis, between 26 April 2020 and 13 July 2020; and

(b)   theft of electricity between 2 May 2020 and 13 July 2020 at a property located at 56 Diane Avenue Craigieburn.

2You, Abubaker Mughal, have also pleaded guilty on indictment to a charge of being a non-prohibited person did possess an unregistered Category A longarm.

3You, Hussain Sayed Noor, have also pleaded guilty on indictment to a charge of possess a drug of dependence, namely cannabis, on 13 July 2020. You have pleaded guilty to two related summary offences of dealing with property suspected to be the proceeds of crime and failing to comply with a direction to assist.

4In sentencing you for these crimes, I must have regard to the maximum penalties for the offences you have committed. Those maximum penalties are as follows:

(a)   Cultivation of a narcotic plant -15 years' imprisonment;

(b)   Theft - 10 years' imprisonment;

(c)   Non-prohibited person possess a Category A longarm that is not registered – 2 years' imprisonment;

(d)   Possession of a drug of dependence - 5 penalty units if the court is satisfied on the balance of probabilities that the cannabis is of a small quantity and not for the purpose related to trafficking; and

(e)   Dealing in property suspected of being the proceeds of crime and failing to comply with a direction to assist each carry 2 years imprisonment.

5These maximum penalties reflect the seriousness with which Parliament regards each of these offences.

6The circumstances of your offending were set out in a document entitled 'Amended Prosecution Opening for Plea' dated 23 June 2023. This is an agreed document and it represents your acceptance of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.

The offending

7I will not repeat the entire summary, as it is a matter of record, but in brief terms, the offending that gives rise to these charges arose from a police investigation code named 'Operation Sky Ignite 2019'. Inclusive of yourself, five persons were charged with various drug, firearms and dishonesty offences. 

8Omer Mariam is said to be the principal offender and both he and his brother, Hadi, have been sentenced. A fifth offender, Antoine Barkho, died before his charges were determined.

9You were each an associate of Omer Mariam and a close associate of Hadi Mariam and knew each other from school.

10It was Omer Mariam who located properties at 55 Lane Crescent Reservoir and 56 Dianne Avenue Craigieburn with the assistance of Antoine Barkho. He subsequently arranged for the properties to be modified so that they could be used to cultivate cannabis hydroponically. Omer Mariam organised for his brother, Hadi, and each of you to be involved in the hydroponic cultivation of cannabis at the 56 Diane Avenue Craigieburn property. You, Mr Mughal, were a qualified carpenter and you, Mr Sayeed Noor, were an apprentice carpenter. Neither of you are responsible for the cultivation which occurred at the Reservoir address, nor will you be punished for it. 

11Intercepted calls of Omer Mariam and Antoine Barkho recorded between 24 April and 29 April 2020 comprised discussions between them about the two properties, including the connecting of electricity, completing false rental documents, rent, maintenance of the premises and an inspection of the property at Craigieburn.

12Antoine Barkho created a false Residential Tenancy Agreement for a period of 5 months for the property at 56 Dianne Avenue Craigieburn commencing on 2 May 2020.

13On 26 April 2020 at 7.25 pm, you Hussain Sayed Noor telephoned Omer Mariam in which you stated, 'You don’t understand how big this is. We are going to be millionaires I’m telling you'. This call reflects the start of the charge period and, the Crown submits, indicates both intention and planning.

14Recorded conversations on 29 and 30 April 2020, and 2 May 2020 on an intercept of Omer Mariam’s mobile phone show that he was calling Barkho, 'Craigieburn Hydroponic Supplies' and other persons, to arrange the setting up of hydroponically grown cannabis crops at the Craigieburn property.

15On 3 May 2020, Detective Senior Constable Stevenson conducted reconnaissance at 56 Dianne Avenue Craigieburn.

16The Crown opening details the occasions at which each of you are said to be at the property between 26 April 2020 and 13 July 2020 and in contact with or in the company of either or one of the Mariam brothers.

17On 10 June 2020 at 2.29 pm, Antoine Barkho sent Omer Mariam 3 multimedia messages containing three images relating to 56 Dianne Avenue Craigieburn showing a room surrounded with white plastic on the floors and walls with 15 cannabis plants in black pots, a floor with white electrical cords, black pots, a bag of soil and pesticide spray and a room surrounded with white plastic on the walls with 12 cannabis plants. Your vehicles had each been sighted at the property in advance of that date. 

18On 10 July 2020 at 10 am, you each attended the Bunnings store located in Craigieburn in Mr Mughal's RAV4 vehicle where you purchased irrigation piping and HPM brand electrical timers to use in the cultivation of cannabis. You then returned to 56 Dianne Avenue Craigieburn. You, Mr Mughal, attended the Craigieburn Bunnings on three further occasions where you purchased further irrigation piping.

19The Crown opening indicates that you each were able to access the property with a key.

20On 13 July 2020, police investigators executed search warrants at both 56 Dianne Avenue Craigieburn and 55 Lane Crescent Reservoir as well as other addresses relevant to their investigation.

21At 56 Dianne Avenue Craigieburn police located and seized, amongst other items, the following:

(a)   72 cannabis plants;

(b)   an electrical bypass;

(c)   a black glove;

(d)   3 rifles located in a black bag on the kitchen floor, one of which was a Savage bolt action .22 calibre rimfire rifle that was not registered;

(e)   ammunition;

(f)    31 MDMA tablets; and

(g)   A Ziploc bag containing 5 grams of methylamphetamine.

22An illegal bypass of the electricity was identified and removed from the premises on 13 July 2020.

23Victoria Police crime scene officers subsequently identified:

(a)   your fingerprint, Mr Sayed Noor, on a glass jar located inside 56 Dianne Avenue and DNA linked to you on a cigarette butt in the lounge; and

(b)   DNA linked to you, Mr Mughal, on two mouthpieces located in the living room, safety glasses located in the living room, a glove located on a kitchen bench, a can of drink located in the lounge room and on one of the firearms.

24Relevant to Charge 1, for which you each take responsibility, the cultivation of cannabis, is that the 72 cannabis plants located by police at 56 Dianne Avenue Craigieburn weighed a total of 58.36 kilograms.

25Forensic botanist, Kylie Slattery, determined that 38 plants in two of the rooms were the oldest of the plants and were aged 11-14 weeks post nursery phase, whilst the youngest in one room were aged between 7-9 weeks post nursery phase.

26The Savage bolt action .22 rimfire rifle located by Police which is the subject of Charge 4 - non-prohibited person possess a Category A longarm that is not registered, had been stolen in a burglary in New South Wales. You, Mr Mughal, are not said to be responsible for the theft.

27You were however a non-prohibited person under the Firearms Act and each of the weapons located were classified as Category A longarms. Each were unsecured, loaded and capable of being discharged with ammunition proximate. A sample of DNA linked to you was located on the trigger of the Savage bolt action .22 rimfire rifle and forms the basis for your possession of that weapon and that weapon only.

Arrests and interviews

28You, Mr Mughal, were located by police at your address in Recreation Street Roxburgh Park on 13 July 2020. Police also located a key to 56 Dianne Avenue Craigieburn, a foldout ladder that you had been seen with on one occasion whilst attending that address, as well as receipts from the purchases you made at Bunnings for the purposes of the cannabis cultivation.

29On being interviewed by police on 13 July 2020, you, Mr Mughal, denied the offending. Whilst you admitted attending at 56 Dianne Avenue Craigieburn, you told police that you had only been to the living room and the toilet of the premises and that you had no idea about the cannabis plants, guns or electrical bypass.

30You, Mr Sayed Noor, were located by police at your address at Bonang Court in Meadow Heights. You were also located with receipts for purchases made at Bunnings relevant to the cultivation of cannabis and the theft of electricity at 56 Dianne Avenue Craigieburn, as it included electrical timers. You also had keys for that address.

31In terms of Charge 3 on the indictment, possess a drug of dependence, police located a Ziploc bag containing a small quantity of cannabis.

32Police also located a total of $21,751.55 in Australian currency, the subject of related Summary Charge 5, deal in property suspected to be the proceeds of crime.

33You were required by law to provide the passcode to your mobile phone but on request from police refused to do so. These facts form the basis for the Summary Charge 9, fail to comply with direction to assist.

34When interviewed by police you, Mr Sayed Noor, provided a 'no comment' response, as of course is your right.

Offence gravity

35In terms of the two charges you each face – cultivation of a narcotic plant and theft of electricity – it is obviously serious offending.

36The cultivation of cannabis is highly profitable and clearly was designed to be in this particular instance. It is a drug that wreaks havoc in the community in terms of drug addiction and resulting criminal behaviour and mental health consequences.

37The cannabis plants were identified at different stages of growth. I accept that the role of each of you was to assist in the cultivation of cannabis by setting 56 Dianne Avenue Craigieburn up for the cultivation to take place using your talents as carpenters and labourers.

38The theft of electricity has occurred in the same circumstance and with your knowledge. You are not said to be responsible for the electrical bypass which was designed to assist in furthering the growth of the cannabis and to aid avoiding detection. There is a basis for concurrency in the sentences to be imposed for Charges 1 and 2.

39In terms of your individual charges, you Mr Mughal are responsible for the possession of a firearm in circumstances where it was located by police with other firearms, ammunition, and was not stored safely. At bes,t the evidence shows your contact with the Savage Bolt action .22 rimfire but little more. It was located at the premises where the cultivation of cannabis was taking place and hence is linked to other serious criminal behaviour, which does elevate the seriousness of the offence. I do see this charge as slightly elevating your offending overall.

40You, Mr Sayed Noor, were found with a small amount of cannabis and to be in possession of a not insignificant amount of cash for which you accept the police had a basis to reasonably suspect to be the proceeds of crime. Your refusal to provide police with access to your mobile phone was perhaps reflective of your mindset at that time and, most likely, to protect yourself.

41You each had a friendship with each other and the Mariams which I accept also influenced your decision making. You, Mr Mughal, had financial difficulty at the time and frequently used cannabis and cocaine which may have made any involvement in this offending more tempting. It would appear that your resort to offending occurred in similar circumstances Mr Sayed Noor.

42General deterrence and denunciation are important components to your sentencing.

43Your respective moral culpability would appear high.

Plea of guilty

44The Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty pleas.

45Given the offences for which you were originally charged in July of 2020 and how the matters have now resolved close to 3 years later, I accept that each of you have, in effect, pleaded guilty at the earliest opportunity. This much is conceded by the Crown.

46Your plea has saved the court the time and expense of contested proceedings.

47In the context of the COVID-19 pandemic there is additional utilitarian value in providing certainty and finality to all parties in circumstances where the court's operations have been disrupted by the pandemic.

48Based on the reference material tendered I accept that you are each remorseful for your offending.

49These factors will be taken into account in your favour.

Personal circumstances – Abubaker Mughal

50You are now aged 25 years and were aged 22 years at the time of your offending.

51You were born in New Zealand, your parents having emigrated from Pakistan to New Zealand in the 1980s. Your family moved to Australia in 2009 when you were aged 12 years. You are a citizen of New Zealand and permanent resident of Australia.

52Your father works as a panel beater and spray painter and your mother is responsible for home duties.

53Your family are Muslim and your faith is important to you.

54You are the second child in a sibship of five which comprises an older sister, a younger sister and two younger brothers. Each of your younger brothers have a disability. Mohammed, 24 years, has an intellectual disability and Faisal, aged 15 years, is severely autistic and non-verbal.

55You did well at school, completing Year 12 and graduating as dux. You were also school captain. On leaving school you commenced studying an advanced diploma of aeronautical engineering at RMIT but left after one semester to commence an apprenticeship in carpentry.

56You qualified as a carpenter in 2020.

57You started using both cannabis and cocaine around the age of 18 years. This drug use continued until your arrest and remand on 13 July 2020 in relation to the matters before this court.

58Your personal circumstances do include a previous court appearances. On 13 September 2018 you appeared at the Broadmeadows Magistrates' Court for charges of commit an indictable offence whilst on bail and negligently deal with the proceeds of crime. Without conviction you were placed on an adjourned undertaking for a period of 12 months requiring you to pay $1,000 to the court fund.

59This appearance has limited relevance to the matters before me. 

Prospects for rehabilitation

60In terms of your prospects for rehabilitation, as a direct consequence for your actions, you spent 144 days on remand between 13 July 2020 and receiving bail on 4 December 2020. You had never previously been exposed to the custodial setting.

61This period was during the Corrections response to the COVID-19 pandemic where I accept, in general terms, that there was less access to freedom of movement within the prison system, less access to educational and rehabilitative programs and less access to contact visits from friends or family. New inmates were required to quarantine for 14 days on each occasion of a prisoner movement. In a general sense this made any remanded or sentenced prisoner experience more burdensome than it would otherwise be. I take this into account.

62There is of course a degree of both a sanction and a deterrent in this experience. I am told that there has been no offending since your release on bail, supporting this observation.

63Whilst self-reported, you have maintained drug abstinence since your release.

64In March of 2021, you commenced a 'Youth Community and the Law' program through Youth Junction. I understand that this was in the context of court proceedings and a requirement that you participate in such a program.

65In a support letter dated 1 June 2023 authored by Renae Liddell, case manager, and Chantelle Gianinotti, program manager, I am told your engagement with the service was of a positive standard and that you presented as respectful, polite and considerate. You showed insight as to the detrimental consequences of your involvement in the criminal justice system in terms of your own family, relationships, mental health and life circumstances as well as the impact on the wider community. You followed through on all referrals made and your progress was described as 'exceptional'.

66You also participated in the Prevent Alcohol and Risk Related Trauma in Youth, or ‘PARTY’ program. A letter detailing your participation and a certificate of completion from the PARTY program has been tendered on your behalf.

67In addition, references have been tendered, authored by your friend Kelly Badour‑Taha, sister Laiba Mughal and father Sanaullah Sharif Mughal. I have had recourse to their contents. Whilst each of these persons have known you in different capacities, you are described as remorseful, to have made positive changes, to be hardworking and family orientated.

68You have started your own business, Abstruct Carpentry and Construct, which I am told has been successful. You intend resuming studies to complete qualifications as a registered builder.

69Your faith remains important to you as do your family obligations. Your older sister has moved out of the family home and you have increased responsibilities in relation to your younger brother, Faisal, who requires around the clock care. You also provide your parents with financial assistance.

70All in all I accept that you are highly motivated to stay out of the criminal justice system.

Personal circumstances – Hussein Sayed Noor

71I now turn to your personal circumstances, Mr Sayed Noor. You are now aged 26 years and were aged 23 years at the time of your offending.

72You have no criminal history and no matters since.

73You are the eldest of five sons. Your parents left Iraq shortly before you were born, your father having worked as a merchant and your mother responsible for the family home and childrearing.

74Your family initially settled in Lakemba in Western Sydney around 1999. They later moved to Broadmeadows before moving into their current home in Meadow Heights.

75Your father worked as a fruit picker before moving into iron construction. As well as completing home duties your mother also studied biology at university.

76In 2012 your father left the family home and returned to Iraq. You have had no contact with him since.

77You completed a Year 12 education in 2014. You were accepted into a Bachelor of Biomedicine degree at Victoria University but after one year deferred your degree to enter the workplace in order to provide for your family given your father's absence.

78You initially worked in a factory manufacturing caravan components before commencing a carpentry apprenticeship. You completed that apprenticeship and are a fully qualified tradesman.

79You instructed your counsel that you dabbled in cannabis occasionally in order to help you sleep. I note that you told the assessor as to your suitability for a community corrections order that you were using cocaine and cannabis at the time of the offending.

Prospects for rehabilitation – Hussein Sayed Noor

80In terms of your prospects for rehabilitation, you have also experienced the sanction and deterrent of a period on remand, in your case some 184 days, which also occurred during the Corrections response to the COVID-19 pandemic. I take this into account in a general sense and in the same way as I have for Mr Mughal.

81Upon your release from custody on bail you obtained work with Asuni Carpentry. Your employer, Marco Asuni, has provided a reference and describes you as family orientated, hard-working and punctual. He was aware of the charges when he employed you and says that you have shown great remorse for your past actions. You have recently received a promotion and hope to also qualify as a builder having undertaken certificates three and four in Building and Construction.

82You are presently drug free.

83You are also of Muslim faith and regularly attend your mosque and donate to charities.

84You have recently married and are expecting your first child. Your wife, Siobhan Cue, has provided a reference and describes you as a devoted family member who has taken on the father role for your siblings. Ms Cue says that you deeply regret your offending and that she is confident that it is a 'one off'.

85References have also been tendered on your behalf from your mother, and friends Jacinto Horo and Marcel Al-Fuaadi. Your offending is described as 'out of character'. You acknowledge your wrongdoing and are said to be a strong family man and a hard worker. I have taken the contents of all references tendered on your behalf into account. You are genuinely ashamed of your actions.

86Both you and Mr Mughal were relatively youthful at the time of your offending and there is still some basis for a continued focus on your respective rehabilitation given the efforts each of you have made. I understand that you have each been compliant with bail orders and over a considerable period of time.

87The efforts each of you have made to rehabilitate, strong family support and obvious work ethic, together with your response to your period on remand, provides a basis to limit the weight to be given in the sentencing exercise to either specific deterrence or protection of the community.

Delay

88Delay is another factor raised on behalf of each of you.

89The relevance of delay lies in the burden hanging over an offender's head before the outcome of any charges has been determined and in the 'testing' this period offers in terms of prospects for rehabilitation.

90These matters have been on foot for close to 3 years. Despite that length of time and the stress associated, you have each remained focused on positive future goals.

91I see each of your prospects for rehabilitation as high.

Parity

92I have previously sentenced both Omer and Hadi Mariam.

93The parity principle demands that any sentence imposed reflects differences in the culpability and personal circumstances of co-offenders and avoids unjustifiable differences in co-offender sentences.

94Omer Mariam was the ‘kingpin’ and faced a far more serious array of charges than each of you and he received a total effective sentence of 5 years and 6 months imprisonment with a minimum of 3 years and 2 months before being eligible for parole.

95Hadi Mariam was 22 years of age at the time of his offending and faced similar charges but also an additional charge of trafficking in a drug of dependence, namely methylamphetamine, making his offending objectively more serious. He was intellectually disabled, reducing the weight given to both general and specific deterrence and his level of moral culpability. Hadi Mariam had no prior criminal history and no subsequent matters. For the charges on his indictment he was convicted and sentenced to 25 days imprisonment, reckoned as served, in combination with a community corrections order of 30 months' duration. His intellectual disability was a significant part of the sentence imposed.

96As to parity between yourselves, you have played a similar role in relation to the cannabis cultivation and theft of electricity. Your very limited interaction with the criminal justice system and your possession of a longarm does elevate your offending, Mr Mughal, above that of Mr Sayed Noor.

Sentencing submissions

97In terms of sentencing submissions, all parties submit that a combination sentence, that is a term of imprisonment in combination with a community correction order, would adequately reflect all relevant sentencing considerations.

98Section 44 of the Sentencing Act 1991 states that when sentencing an offender in respect of one or more than one offence, a court may make a community correction order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under s18 is reckoned to be a period of imprisonment or detention already served) is one year or less.

99You, Mr Mughal, have 144 days available by way of pre‑sentence detention and you, Mr Sayed Noor, have 184 days available by way of pre‑sentence detention.

100I have had each of you assessed as to your suitability for a community correction order and each of you have been assessed as suitable.

Sentencing

101Turning now to sentencing, I do make the ancillary orders as sought for the disposal and forfeiture of scheduled items, noting each of these applications are made with your consent.

102The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I need to have regard to a range of matters which include the seriousness of the offending, your culpability for it, your personal circumstances and those of any victim.

103I must also balance the interest of the community in denouncing criminal conduct with the interest of the community in seeking to ensure where possible, offenders are rehabilitated and safely reintegrated into society.

104I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act where relevant to your case. I have taken into account current sentencing practices for the offences to which you have each pleaded guilty and the principles of totality and proportionality.

105Mr Mughal, I propose to impose an aggregate sentence as I am satisfied that the offences are founded on the same facts or form or are part of a series of offences of same or similar character. In so doing, I again bear in mind the principles of totality and proportionality.

106You are sentenced to 144 days imprisonment, reckoned as served. This term of imprisonment is in combination with a community correction order of 2 years duration during which you are to:

(a)   Perform 150 hours of community work;

(b)   Submit for treatment for drug use and abuse;

(c)   To be supervised by the Office of Corrections; and

(d)   50 hours of treatment are to be offset against the community work component, that is, more treatment, less community work.

107Mr Sayed Noor, you are sentenced as follows:

(a)   For Summary Charge 5 - possess proceeds of crime, you are convicted and fined the amount of $1,500;

(b)   For Summary Charge 9 – fail to provide information or assistance, you are convicted and fined the amount of $1,000;

(c)   For charge of possess cannabis you are convicted and discharged;

(d)   For Charges 1 and 2 on the indictment I again intend to impose an aggregate sentence for the same reasons as announced in relation to your co‑accused; and

(e)   Accordingly you are convicted and sentenced to 3 months imprisonment. I reckon 184 days as having already been served. You are otherwise to complete a community correction of 2 years duration during which you are to:

(i)Perform 150 hours of community work;

(ii)Submit for treatment for drug use and abuse;

(iii)To be supervised by the Office of Corrections; and

(iv)In your case also, 50 hours of treatment are to be offset against the community work component.

108In addition to the conditions that I have imposed there are standard conditions. The first and foremost of those is that neither of you must commit any other offences during the 2‑year period which could be punished by imprisonment. You must report within two working days to your nearest community corrections office. You are required to advise your corrections office of any change of address of where you are living or working and must do so within 2 clear working days. It is a term of all corrections orders that you must submit to visits as directed and obey all of the instructions and directions of a corrections officer. You are not able to leave the State of Victoria without their prior permission.

109In my view, this order presents each of you with a chance to continue to change your life in a positive fashion should you choose to take up that opportunity and the supports that should be made available. The order can be breached if you do not comply with it in terms of the conditions or reoffend with an offence punishable by imprisonment whilst it is in place. If you do, you will have to re‑appear before me for contravening the order and I may have to re‑sentence on the original charges which saw you placed on that order and to sentence for a separate charge of contravening the order.

110Section 6AAA of the Sentencing Act requires me to state the sentence that I would have imposed had you not pleaded guilty to the charges.

111If not for your pleas of guilty Mr Mughal, I would have sentenced you to a total effective sentence of 20 months with a minimum of 14 months before being eligible for parole.

112If not for your pleas of guilty Mr Sayed Noor, I would have sentenced you to 18 months with a minimum of 12 months before being eligible for parole.

113I cannot place you on the corrections orders that I have announced without your consent. I will give you the opportunity to speak with your legal representatives. So I will stand down temporarily for that purpose.

114COUNSEL:  Thank you, Your Honour.

115MS SHARPLEY:  Yes, Your Honour.

116##A:S#    (Short adjournment.)

117HER HONOUR:  It would appear I have got consent to each of those orders.

118COUNSEL:  You do, Your Honour.

119HER HONOUR:  Gentlemen, you have done extraordinarily well in terms of your rehabilitation post your resort to serious criminal behaviour. You have heard the circumstances in which I will see you again, it will be if there is a breach of this order. In the nicest possible way, I don't want to see either of you again.

120Mr Malik, thank you very much for your assistance. Mr Barker and Ms Sharpley, very much appreciated.

121COUNSEL:  As Your Honour pleases.

122COUNSEL:  Thank you, Your Honour.

123HER HONOUR:  Otherwise I'm closing the court till tomorrow morning at an appointed time.

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