Director of Public Prosecutions v Naitoko
[2024] VCC 268
•13 March 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-22-01531
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES NAITOKO |
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JUDGE: | HER HONOUR JUDGE HAWKINS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 March 2024 | |
DATE OF SENTENCE: | 13 March 2024 | |
CASE MAY BE CITED AS: | DPP v NAITOKO | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 268 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCING
Legislation Cited: Crimes Act 1958 (Vic) s63A; Control of Weapons Act 1990 (Vic) s5AA, 5AB; Bail Act 1977 (Vic) s30B; Sentencing Act 1991 (Vic) s5.
Cases Cited:DPP v Nona & Anor [2023] VCC 54; Seualuga v The King [2024] VSCA 7, [32]; Azzopardi v The Queen [2011] VSCA 372, [54]; R v Verdins & Ors [2007] VSCA 102; Bugmy v The Queen [2013] HCA 37; Worboyes v The Queen [2021] VSCA 169.
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms D. Guesdon | Office of Public Prosecutions |
| For the Accused | Mr J. Karitzis | Valos Black & Associates |
HER HONOUR:
1James Naitoko, you have pleaded guilty to the following indictable offences:
· 1 charge of kidnapping, which carries a maximum penalty of 25 years' imprisonment;[1] and
· 1 charge of being a prohibited person possessing an imitation firearm, which carries a maximum penalty of 10 years' imprisonment;[2]
You have also pleaded guilty to the related summary offences of:
· 1 charge of committing an indictable offence whilst on bail, which carries a maximum penalty of 3 months' imprisonment or 30 penalty units;[3] and
· 1 charge of possessing a prohibited weapon (three swords) without an exemption, which carries a maximum penalty of 2 years' imprisonment.[4]
[1]Crimes Act 1958 s 63A (‘Crimes Act’).
[2]Control of Weapons Act 1990 s 5AB (‘Control of Weapons Act’).
[3]Bail Act 1977 s 30B (‘Bail Act’).
[4]Control of Weapons Act s 5AA.
2You have also admitted your prior criminal history.[5]
[5]Exhibit B – Criminal History.
3The circumstances of your offending are set out in the Summary of Prosecution Opening for Plea dated 31 October 2023, the accuracy of which you accepted through your counsel. Whilst you have entered your plea on the basis of a different summary of prosecution opening to that of your co-offenders,[6] the factual matrix of your offending is agreed to be identical in all material respects.
[6]Summary of Prosecution Opening dated 31 October 2022.
4Your two co-offenders, Jonathon Nona and Leli Pesamino Mailei were sentenced by me on 20 January 2023.[7]
[7]DPP v Nona & Anor [2023] VCC 54.
5The following is an outline of your offending.
6The victim and Pesamino Mailei were known to each other. You and Nona did not know the victim.
7Pesamino Mailei agreed to meet with the victim at the Stables Shopping Centre in Mill Park. Nona and Pesamino Mailei drove to the shopping centre and parked in the car park. Pesamino Mailei was driving his father's Holden Captiva, Nona was in the front passenger seat and Mr Naitoko, you were in the rear driver's side seat.
8The victim arrived soon after in a Ford Falcon XR6 registered in his mother's name. He parked his car and came and sat in the rear passenger seat of the Captiva next to you. The four of you began talking and the victim brought up the name of an associate and mentioned allegations that were being made about him. As the victim mentioned this, you pulled out an imitation Berretta or Glock metal handgun and pressed it into the victim's ribs stating, '[d]o you know who we are?' and ‘why are you dripping his name for?’.
9
Nona got out of the front passenger seat of the Captiva holding an imitation
sawn-off single barrel shot gun and pointed it at the victim through the open window, telling the victim to move over. The victim did as he was told. Nona sat next to him and pressed the shotgun into the victim's knee while you were still pressing your handgun into the victim's ribs.
10
Nona then told Pesamino Mailei to put up the windows of the car. You and Nona then made demands for the victim to hand over the contents of his pockets and transfer ownership of his car to you, while pointing your firearms at him. The victim complied and handed over his car keys, phone and two $50 notes. He pleaded for Pesamino Mailei to help him. Pesamino Mailei instead responded by shrugging his shoulders and stating that it was his own fault. CCTV footage depicts that you were all present in Pesamino Mailei's car at the shopping centre for some
23 minutes.
11The kidnapping commenced when Nona told the victim he was going for a drive with you. He did not want to go and wanted to run instead. However, he was scared and feared he would be shot if he did not do as he was told. He was unable to move as he was trapped between you and Nona. He felt held against his will and that you and your co-offenders would only stop if you got what you wanted from him.
12You and both co-offenders made various demands of the victim to sign over the Falcon into Nona's name, while holding the firearms to his knee and ribs and threatening to injure him. The victim feared he would be shot if he did not comply.
13Nona then decided that the four of you were going to drive around in the victim's Falcon until he transferred the car into his name. You put your firearm away, got out of the car and sat in the driver's seat of the Falcon. Nona continued pointing his firearm at the victim and demanded he get into his own vehicle. The victim complied and got into the rear driver's seat of his Falcon.
14Nona sat in the front passenger seat and Pesamino Mailei sat in the rear passenger seat with the victim. You and Nona still had firearms with you.
15Nona began demanding that the victim transfer him money. When he refused, Pesamino Mailei punched the victim in the nose and said, '[m]ate we aren't playing' then continued punching the victim in the nose and told him to begin doing what they told him to, or he would 'get it'.
16You turned on the ignition, and Nona suggested you go for a joyride to jog the victim's memory as to who had money and where he could get money from. At 5:05 pm, you drove the Falcon away with the victim still in the backseat and without his permission to drive his vehicle. At 5:09 pm, you entered a 7-Eleven service station in Mill Park, some 1.9 kilometres from The Stables, to get fuel. Pesamino Mailei got out of the car to fill it with fuel. While you and Nona were talking, the victim escaped and ran directly into the service station to get help from a staff member. This is the point at which the kidnapping ends.
17Witnesses inside the 7-Eleven heard the victim state 'Please, please, please let me back, he is going to get me, and he is going to kill me'. The witnesses noticed blood on the victim's face and clothing. Pesamino Mailei followed the victim into the store and demanded that he return to the car. Pesamino Mailei grabbed him by the scruff of the neck and punched him to the jaw. He made continuous attempts to force the victim out of the store, but he refused and continued to plead for help. At one point the victim dropped to the ground screaming '[y]ou are going to shoot me if I go back with you', to which Pesamino Mailei responded, '[k]eep talking and we will take you to a creek, you need to shut the fuck up if you know what is good for you'.
18Pesamino Mailei eventually returned to the victims' Falcon and you all drove off, leaving the victim at 7-Eleven. You parked the Falcon back at the Stables Shopping Centre and drove off in the Captiva.
19Some five minutes later, Pesamino Mailei returned to the 7-Eleven in his Captiva and spoke to the victim who was with a 7-Eleven staff member. Pesamino Mailei encouraged the victim to get back into the Captiva. The victim refused, asking where his keys and phone were. Pesamino Mailei threw his keys back at him, stating that his car was parked at the Stables with his phone in the car.
20The 7-Eleven staff member drove the victim to the police station. He had sustained bruising to the eye and a mildly depressed fracture to the nasal bone and was referred for plastic surgery.
21You were arrested on an unrelated matter on 23 March 2022 and were in possession of a sawn-off rifle. On 24 March 2022, the police executed a search warrant at your home address. They located the following items:
(a) Black imitation handgun with magazine in a duffle bag located under your bed. This firearm is consistent with the description of the weapon provided by the victim that was used in the kidnapping and which forms the basis of Charge 2, prohibited person possessing an imitation firearm; and
(b) They also located two swords found on the floor and a Samurai sword under the bed. This forms the basis of Summary Charge 10 – possess prohibited weapon.
22You were on bail in relation to charges of assault at the time of this offending. This forms the basis of Summary Charge 9 – commit indictable offence whilst on bail.
23You were a 'prohibited person' as you were on a Community Correction Order which had supervision as a condition; and not more than five years had expired since you had finished serving a term of imprisonment of less than five years for an indictable offence.
24You gave a mostly no-comment record of interview.
25Kidnapping is an inherently serious offence as reflected by the maximum penalty of 25 years' imprisonment. It is, by its very nature, a violent and threatening offence. In this instance, you took the law into your own hands and offended in company with imitation firearms against an unarmed person for no good reason, resulting in injury to him. While your offending was spontaneous and opportunistic in nature, with no evidence of premeditation, you and Nona had imitation firearms in your possession and were prepared to use them to terrify the victim. The kidnapping occurred over brief duration, of no more than approximately four minutes and did not culminate in an ensuing period of false imprisonment. Whilst no victim impact statement was tendered, the victim told witnesses that he was in fear for his life.
26This was unsophisticated offending which occurred in broad daylight in locations covered by CCTV. You made no attempt to conceal your identity by way of masks, gloves or other disguise, and the victim knew Pesamino Mailei.
27The prosecution does not allege that the imitation firearm was capable of discharge or that it was loaded. However, the appearance, presence and use of the imitation firearms elevates the gravity of this offending. A firearm consistent with that described by the victim was located in your bedroom following your arrest.
28Certainly, there are more serious examples of the crime of kidnapping. Nevertheless, due to the features I have described I regard this as a serious and concerning example of the crime of kidnapping and one that exceeds a low- level example of such an offence.
29Mr Naitoko, you were a prohibited person and subject to a Community Correction Order and on bail at the time of the kidnap, which aggravates your offending. I note that you are also subject to a separate charge of committing indictable offence whilst on bail, for which I will afford concurrency with this charge, so that you are not punished twice for this aggravating feature.
30There is no clear architect in this offending. It occurred following a disagreement during a conversation in which you were all in a car together with the victim.
Mr Naitoko you first pulled out a real looking small imitation handgun and stated, 'do you know who we are?', threatening the victim. Nona then pulled out the second real looking sawn-off single barrel shot gun that he had in his possession and pointed it at the knee of the victim and told him to move over.31Mr Naitoko, your possession of this weapon and immediate use of it demonstrates your willingness to engage in unlawful offending in the company of others who were similarly armed. You initially made the demand for the victim to transfer ownership of his vehicle, and Nona made the subsequent demands. You, together with your co-accused, continued your involvement in the offending, implicitly reinforcing these demands.
32In terms of your respective roles, you and Nona possessed the imitation firearms while Pesamino Mailei was unarmed but repeatedly used physical violence, causing injuries to the victim. I cannot draw any meaningful distinction between the direction that each of the guns were pointed toward in relation to the victim's body. Nona and Naitoko both made demands for the transfer of the vehicle. Pesamino Mailei made menacing verbal threats to the victim during the later assault. It is not alleged Nona uttered any verbal threats during the course of the offending, but clearly there was an implicit threat due to the presence of the weapon. All three of you forced the victim from Pesamino Mailei's car into his car. Pesamino Mailei tried to force the victim back into the vehicle after he had escaped, whilst he was pleading for his life. Each of you were aware of the actions of each other and worked together to engage in the offending. As I outlined in my sentence of your co-offenders, I conclude that there is no proper basis upon which to draw any meaningful distinction between your respective roles in the kidnapping.
33Mr Naitoko, you were 21 years of age at the time of the offending and you are now aged 23.
34You were born and raised in Melbourne in a family of Tongan heritage. Your parents separated when you were between the ages of five and six years due to your father's perpetration of sexual abuse against your sister. Your father went to prison for seven years and was deported to Tonga at the end of his sentence.
35You bore witness to your father's violence against your sister and were struck by him with electrical cords and other implements as a form of discipline. Your mother became increasingly rough and angry with you after your father left. Your mother became the primary breadwinner and was rarely home. Much of your upbringing was left to your older sisters and cousins.
36By the time you were 13, you effectively fended for yourself. You were responsible for getting yourself to school, making your food, and were given a credit card to purchase essential items. You were left without appropriate boundaries and supervision. This led you to start associating with unsavoury peers around the streets. You were introduced to an antisocial lifestyle, where stealing food, drinking, and using drugs quickly became the norm. You were in and out of trouble and spent time in juvenile detention.
37You completed primary school despite academic challenges and were unable to read and write properly at a young age.
38You attended a school in Reservoir until halfway through Year 7 when you were moved to Mildura to live with your maternal aunt because of your declining behaviour. In Mildura, you were involved in fights and were expelled from school.
39You returned to school in Reservoir but were expelled after only a few months.
40Any further education you have had has only taken place while you were in youth detention.
41You have had minimal work experience. You worked as a concrete cutter on a casual basis for a friend for two to three months in 2021, but this was interrupted when you were incarcerated.
42You have a significant history of substance abuse. At age 13 you began smoking cannabis. You used cannabis daily until the age of 18. You started using ice daily at age 14. At the peak of your dependency, you were using 1.5 grams daily. You stopped using ice at the age of 17 but relapsed in late 2021 following a machete attack. You were using approximately 0.5 grams daily during the offences.
43You have occasionally used cocaine and ecstasy at parties.
44When you were aged 14 or 15, you were prescribed Seroquel and Mirtazapine for auditory hallucinations and suicidal thoughts, stemming from family issues.
45You began drinking at age of 13, consuming up to a bottle of spirits daily. Your drinking habits are now non-problematic. You drink socially, not daily.
46You have been subject to a psychiatric admission for drug-induced psychosis and you were treated on psychotropic medication for around three years.
47Your sister, Vaikalafi Tuiono, has provided a reference dated 26 February 2024. She outlines the difficult and challenging family circumstances which marked your early years, including how you witnessed your father’s violence and your lack of supervision, which contributed to shaping your coping mechanisms and choices. She says that you have expressed remorse for your actions and she believes that you are genuinely committed to personal growth and rehabilitation.
48
Carla Lechner, Clinical Psychologist, in her report dated 16 February 2024 considered that your formative years were characterized by exposure to violence both as a victim and witness, and emotional neglect. She considers that you have long standing symptoms of complex PTSD with features such as chronically low
self-esteem, poor emotional and behavioural regulation, hypervigilance, avoidance, and poor interpersonal trust. She also opined that you suffer acute PTSD symptoms from the more recent machete attack. She also noted symptoms of Stimulant Use Disorder in remission in a controlled environment.
49Ms Lechner describes that you find it hard to routinely engage in reflective and consequential thinking, especially when involved in the drug sub-culture where you:
'live a day to day existence and seem to lurch from one “drama” to another” … “he tends to block out internal distress with drug use or alternatively to channel his negative feelings through anger. Mr Naitoko, like many young people commenced their drug use at an early age, does not appear to have negotiated the developmental tasks of adolescence. He therefore has no real sense of identity or belonging, he lacks a range of social skills usually acquired during the teenage years and he has not broadened his thinking to future aspirations. He therefore experiences abstinence from drug use as quite anxiety-provoking in the knowledge that he lacks a range of skills that he is expected to have acquired at his age. Thus, whilst he understands that he needs and indeed wants to change his lifestyle, he does not know how to do so'.
50Accordingly, Ms Lechner recommends that you would benefit from treatment interventions including trauma focused counselling to understand the link between your past trauma and present behaviours.
51Your offending behaviour appears to be clearly related to illicit drug use and your likelihood of future offending will depend upon your willingness to engage in intensive supports to become abstinent from drugs and to treat your PTSD.
52Without such interventions, and given your subsequent offending, I consider your prospects of rehabilitation must be viewed as guarded.
53As a youthful offender, rehabilitation will generally be as important in the sentencing exercise as general deterrence.[8] Whilst the weight attached to youth is reduced as the degree of criminality increases,[9] I accept that young offenders, have a propensity to make ill-considered and rash decisions without the requisite degree of insight, judgement and self-control of an adult. Your offending bears the hallmarks of such immaturity.
[8]Seualuga v The King [2024] VSCA 7, [32].
[9]Azzopardi v The Queen [2011] VSCA 372, [54].
54Given those circumstances, I consider that a meaningful disparity between the head sentence and the non-parole period is warranted to best enhance your prospects of rehabilitation.
55I sentenced your co-offenders Nona and Pesamino Mailei on 20 January 2023.
56
In August 2022 a committal proceeded with you only. The victim was
cross-examined on your behalf, primarily about issues of identity. Nona pleaded guilty at that stage to the Crown offer, and Pesamino Mailei pleaded not guilty but indicated that his matter would likely resolve to the Crown offer, which it did on 14 November 2022.
57In late March 2023, a s198B hearing was held in your matter and further witnesses cross-examined.
58Ultimately, you pleaded guilty on 6 July 2023 after a case assessment hearing at the County Court held earlier on 13 June 2023. The date you pleaded was the date the trial in this matter had been listed to commence.
59Whilst yours is not an early plea, ultimately you avoided the need for a trial, saved witnesses the stress of giving further evidence in court and avoided the use of public resources that would have otherwise been spent in conducting a trial. I take the utilitarian value of your plea of guilty into account. I also note the time that it was entered was still during the period that the justice system was recovering from the impacts of the COVID-19 pandemic.
60In respect of your moral culpability, I have regard to the principles outlined in Verdins’ case[10]. You reported to Ms Lechner that you initially met the victim without any malicious intent. You reported that tensions escalated when the victim mentioned a name you recognised, triggering anger and paranoia. You became increasingly agitated leading your group to turn against the victim.
[10] R v Verdins & Ors [2007] VSCA 102.
61You attributed your heightened paranoia to a recent machete attack and relapse into drug use. You admitted to carrying a firearm out of paranoia. Reflecting on your actions, you characterised them as 'extremely stupid'. Ms Lechner suggested that this combination of drug use and paranoid thinking appears to have contributed to 'misinterpretation, poor judgement, poor decision-making and poor impulse control'.
62I do not however accept that your diagnosis of complex PTSD reduces your moral culpability to a significant extent. The victim was not engaging in threatening conduct at the time you produced your imitation firearm. Drug paranoia may assist to explain but does not mitigate your offending. You made choices to continue with the kidnapping when the victim was clearly outnumbered three to one.
63Your symptoms of complex PTSD will likely be intensified and aggravated in the prison environment, and I therefore accept that Verdins limb is somewhat applicable in reducing your moral culpability. Whilst your abuse of substances has contributed to your offending, I accept that your complex and untreated psychopathy has compromised your judgement and somewhat moderates your moral culpability.
64I accept that, on the basis of your personal history and Ms Lechner's report, the degree of depravation and the legacy of childhood disadvantage you experienced attract the application of the principles in Bugmy's case to the extent that they have left you with lifelong psychological and emotional impairments and limited social and occupational skills and resources.[11]
[11]Bugmy v The Queen [2013] HCA 37.
65You have relevant prior convictions for armed robbery, affray, theft of a motor vehicle, causing injury and committing indictable offences whilst on bail.
66
You were subject to a 12- month Community Correction Order imposed on
25 October 2021 at the time of this offending.
67
You also have subsequent convictions for offending involving violence and the use of weapons, committed proximate to this offending. You were sentenced to a total effective sentence of 16 months' imprisonment with a non-parole period of
10 months, with 141 days of pre-sentence detention declared for those offences.[12] On 14 December 2022 you were sentenced to 14 days' imprisonment concurrent in relation to a charge of assault in company committed on 20 November 2020.[13] On 14 December 2022, you were dealt with for the contravention of the Community Correction Order, which was found proven with no further order made.
[12]Informant Girgin matters.
[13]Informant Stensholt matters.
68Given your relevant prior history, the principles of specific deterrence and protection of the community will assume more weight than they would otherwise in the circumstances.
69You were remanded in custody after your arrest on the separate matter of Informant Girgin on 23 March 2022, and you have been in custody in relation to both that matter, and this one, since that date. As I outlined, you have served a 16- month term of imprisonment for the Girgin offending, reduced by a credit of 28 Emergency Management days. That sentence lapsed on 24 June 2023. Therefore, the pre-sentence detention referrable to this matter is 262 days as at today's date.
70I have had regard to the sentence which you have served since these offences were committed. Accordingly, your sentence on this matter will be moderated to avoid a crushing and disproportionately long sentence, but it will be one which reflects the overall criminality and is just and proper in all circumstances.
71Kidnapping is a category 2 offence. The Court is required to impose a custodial sentence for this offence unless one of the circumstances in s5(2H) of the Sentencing Act 1991 exist. No such circumstances are submitted to be present in your case.
72Having regard to the objective gravity of your offending and the proper application of sentencing principles, a term of imprisonment with a non-parole period is clearly warranted. Giving proper weight to your youth, therapeutic needs, and to promote your prospects of rehabilitation, there are good reasons to achieve a meaningful disparity between the head sentence and non-parole period imposed. Accordingly, I will impose a longer than usual non parole period.
73Offenders who are party to the same offence should, all things being equal, receive the same sanction. However, as Gibbs CJ in Lowe v The Queen (1984) 154 CLR 606 stated:
'…but other things are not always equal, and such matters as the age, background, previous criminal history and general character of the offender, and the part which he or she played in the commission of the offence, have to be taken into account'.
74
In sentencing Nona and Pesamino Mailei, I concluded that I could draw no meaningful difference in the roles played by each offender during the kidnapping. However, there are some relevant matters that distinguish you from your
co-offenders:
(a) You were the first offender to use a firearm and to threaten the victim to hand over his car;
(b) Charge 2 does not relate to the possession of the imitation firearm during the kidnapping (in contrast with Nona's charge) but relates to its possession at your home on the day of the subsequent search warrant. As such I accept that there should be some cumulation between Charges 1 and 2;
(c) You were subject to a Community Correction Order and on bail at the time of the offending, which is an aggravating factor;
(d) You were a prohibited person, as was Nona, but not Pesamino Mailei;
(e) Bugmy and Verdins’ principles have application to reduce your moral culpability, as they did to Pesamino Mailei, but not to Nona;
(f) Nona had extensive prior convictions, whilst Pesamino Mailei's were modest;
(g) Your co-offenders had better prospects of rehabilitation at the point of sentence than you; and
(h) You are pleading guilty to additional summary offences.
75The significant points of difference between you and your co-offenders lay in your late plea of guilty and considerations of totality given the sentence you have served whilst on remand. Your plea of guilty occurred after the victim and other witnesses were cross-examined on the day your trial was listed to commence. Furthermore, your plea was entered at a point when the justice system had virtually recovered from the effects of the COVID-19 pandemic. While I note you were on remand during the pandemic era, the application of the Worboyes[14] principle will be somewhat reduced. Accordingly, while you are entitled to a reduction in your sentence for your plea of guilty, it will be substantially less so than that I accorded to your co-offenders.
[14]Worboyes v The Queen [2021] VSCA 169.
76I sentenced your co-offenders as follows.
77Jonathon Nona was sentenced to four years' imprisonment on the charge of kidnapping, and 12 months' imprisonment for the charge of prohibited person possessing an imitation firearm, with four months of that sentence to be served cumulatively upon the base imposed for the kidnapping charge. This total effective sentence was four years and four months with a non-parole period of two years and 10 months. He had 301 days of pre-sentence detention and I imposed a 6AAA of six and a half years' imprisonment, with a non-parole period of four and a half years.
78Leli Pesamino Mailei was sentenced to a base sentence of three and a half years' imprisonment on the kidnapping charge and 12 months' imprisonment, with three months to be served cumulatively for the charge of intentionally cause injury. He also was sentenced to three months' imprisonment, with one month to be served cumulatively upon the base for the summary charge of failing to provide a passcode upon direction, with a total effective sentence of three years 10 months, with a non-parole period of two and a half years. He had 297 days of pre-sentence detention and I imposed a s6AAA of six years' imprisonment with a non-parole period of four years.
79In summary, in sentencing you, Mr Naikato, I must have regard to a range of matters such as the seriousness of your offending, your culpability for it, and your personal circumstances.[15] I must balance the interests of the community in denouncing criminal conduct with the interests the community clearly has in seeking to ensure as far as is possible, that young offenders are rehabilitated and reintegrated into society. I must impose a sentence which is proportionate to the gravity of the offence, considering the circumstances. Particularly given your young age, the sentence must be no more than is necessary to satisfy those various objectives of sentencing. The principle of totality has particular application in your case.
[15]Sentencing Act 1991 (Vic) s 5.
80I have also taken into account current sentencing practices for the offences for which you have pleaded guilty.[16]
[16]Which I have outlined at [85] of my sentencing remarks for Nona & Pesamino Mailei, DPP v Nona & Anor [2023] VCC 54.
Sentence
81James Naitoko, I sentence you as follows:
82On Charge 1 of kidnapping, you are convicted and sentenced to 4 years' imprisonment. This will be the base sentence;
83On Charge 2, prohibited person possessing an imitation firearm, you are convicted and sentenced to 12 months' imprisonment, with 4 months to be served cumulatively upon the base;
84On summary Charge 9, commit indictable offence whilst on bail, you are convicted and sentenced to 1 month imprisonment; and
85On summary Charge 10, possess a prohibited weapon, you are convicted and sentenced to 1 month imprisonment.
86Four months of the term imposed on Charge 6 is to be served cumulatively upon the base in Charge 1. The terms imposed in respect of summary Charges 9 and 10 are to be served concurrently with the base sentence.
87That is, your total effective sentence is 4 years and 4 months' imprisonment.
88I order that you serve 2 years and 10 months before becoming eligible for parole.
89
Pursuant to s18 of the Sentencing Act 1991, the period of 262 days of
pre-sentence detention (not including today) is hereby declared as having already been served in respect of this sentence and I order that such declaration and its details be entered in the Court records.
90Pursuant to s6AAA of the Sentencing Act 1991, I indicate that had you pleaded not guilty and been found guilty after trial, I would have sentenced you to a term of six and a half years' imprisonment with a non-parole period of four and a half years.
91I make the order for forfeiture sought by consent.
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