Director of Public Prosecutions v Northmore
[2018] VCC 1743
•25 October 2018
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SEBASTIAN NORTHMORE (a Pseudonym name) |
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| JUDGE: | HIS HONOUR JUDGE CARMODY |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 18 October 2018 |
| DATE OF SENTENCE: | 25 October 2018 |
| CASE MAY BE CITED AS: | DPP v Northmore |
| MEDIUM NEUTRAL CITATION: | [2018] VCC 1743 |
REASONS FOR SENTENCE
---Subject: CRIMINAL LAW
Catchwords: Child Pornography, Transmit Child Pornography, Carriage Service
Cases Cited:DPP (Cth) v Singh [2017] VSCA 146, R vDe Leeuw [2015] NSWCA 183.
Sentence:Total effective sentence is two years, six months imprisonment with eighteen months to be served immediately, before being released by way of $5,000 recognisance bond of good behaviour for a period of four years. Upon being release from prison, you are ordered to serve a two year community corrections order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms S. Thomas (Plea) Ms J. King (Sentence) | Commonwealth Director of Public Prosecutions |
| For the Accused | Mr J. Jassar | Bayside Solicitors |
HIS HONOUR:
1Sebastian Northmore[1], on 18 October 2018 you pleaded guilty to five charges on the Commonwealth indictment number CR-17-02129:
[1] A pseudonym name
Charge 1, is procure a person under 16 years of age for sexual activity. This charge has a maximum penalty of 15 years' imprisonment.
Charge 2, causing an offence by using a carriage service. This charge has a maximum penalty of three years' important.
Charge 3, transmit child pornography material by using a carriage service.
This charge has a maximum penalty of 15 years' imprisonment.Charge 4, causing child pornography to be transmitted using a carriage service. This charge has a maximum penalty of 15 years' imprisonment.
Charge 5, knowingly possess child pornography material. This charge has a maximum penalty of ten years' imprisonment. That is a State offence.
Circumstance of Your Offending
2The prosecutor tendered a detailed summary of prosecution opening for plea. It was Exhibit “A” and is attached to these reasons for sentence. I have taken into account the full details of your offending that are set out in Exhibit “A”. I will refer to some of the salient matters for each charge in this sentence.
3Charge 1, it is a charge of procure a child under 16 years of age for sexual activity. On 2 April 2017, an AFP officer noted a personal advertisement posted on a website referred to as Locanto by a user identified as "governorseb[2]". You used that identity, "governorseb".
[2] A pseudonym name
4The advertisement posted by you was entitled:
"Any daddies girls looking to play, Melbourne 45"
and its text was as follows:
"45 daddy dom here seeks young daddies girl to olay with and train, can host u, im in Cheltenham, if keen we will text and send pics etc”.
5On the same day the AFP officer sent a message to governorseb via Locanto messaging facility using the online covert persona of a 14 year old girl referred to as "OCP1". The response was as follows:
"So I don't know why I'm actually sending this but okay. So you are real, bot trolling or what?"
6The communications then continued between 2 April 2017 and 11 May 2017. You communicated with OCP1 over Locanto messaging facility from 2 April 2017 until your arrest on 11 May 2017 and during that period you also sent OCP1 a number of text messages.
7On 2 April 2017, in response to an initial message from OCP1 you stated:
"I'm very real. Daddy 45 Cheltenham looking for chat. Real. Meet one time or ongoing with baby girl. Very discreet here. Let's be each other's secret. You can contact me here or via text, ask anything you want. Happy to swap pics etc”.
8The phone number you provided is subscribed in your name.
9In the conversation on that day, OCP1 stated that she was a 14 year old and you replied:
"I like young".
10You then offered to “teach you" and said that:
"I would start slow kiss light touching".
11You then stated:
"I like that you haven't done anything. I want to teach you".
12You then stated that your name is:
"Sebastian, just send texts and pics to mobile number”
13and OCP1:
"Should delete that number and combo and say hello again on here".
14You contacted your target each day between 3 April 2017 and 12 April 2017. The communications from you were highly sexualised and grooming in nature. You sought photographs and an opportunity to meet OCP1.
15Between 21 April 2017 and 11 May 2017 the sexualised conversations and requests to meet with OCP1 continued. You agreed to meet with OCP1 on a Thursday. You and OCP1 continued to make arrangements to meet on 11 May 2017, and agreed to meet at 10.00 am on that day at the McDonald's restaurant in Noble Park. In the course of those conversations you have repeatedly asked OCP1 to send images of herself and to perform sexual acts upon herself and instructed OCP1 what to wear to the meeting.
16On 10 May 2017 you have stated, "I just brought you three G-strings for you to wear for me xxx". You have then given OCP1 two mobile phone numbers by which she could contact you. The original one that you previously given her and another one. The latter mobile phone number is subscribed in the name of your partner at the address of your residence.
17At 7.34am on 11 May 2017, you have sent OCP1 a text message containing an image of yourself. In a Locanto conversation that day, you have confirmed that "I'll see you at Noble Park Maccas at ten".
18At 8.45am on 11 May 2017, you departed your premises and entered your vehicle and drove to a McDonald's restaurant at the intersection of Princes Highway and Eleanor Road in Noble Park. You entered the restaurant at 9.23 am.
19At 9.30 am, police officers entered the restaurant and approached you.
You were arrested and cautioned. Police executed search warrants on you and your vehicle. Items were seized from you included an Apple iPhone 6 mobile phone. Also in your vehicle included plastic bag containing three laced G-strings and a 50ml bottle of lubricant and a blue ZTE T815 mobile phone.20You were then conveyed to your residence located in the south-east suburbs where police executed a further search warrant. Items seized included two active Working with Children check cards in your name. You were later interviewed by police.
21You participated in the record of interview which commenced at the time you were arrested and continued at your residence. You then gave largely a "no comment" record of interview but made the following relevant statements:
·You admitted that you possessed an iPhone 6 associated with the number that you had previously been given;
·You admitted possessing the disposal Telstra prepaid phone that was located in your vehicle associated with the other number that I have referred to before;
·You have then provided the username and the passwords to your Locanto account; and
·You stated that your occupation was that of a swim instructor and life guard.
22During the conversation you provided details and access codes regarding a number of your electronic devices and online accounts including in respect of Locanto and Kik messenger.
23A forensic analysis was undertaken by police of your electronic devices and Charges 2, 3, 4 and 5 arise from the discovery of communications and materials found on your devices and in your Locanto and Kik messenger accounts with the username "governorseb".
24Charge 2, is a rolled up charge encompassing a number of different episodes in which you used a carriage service to engage in objectively offensive conduct. In each case the offensive conduct related to your use of a carriage service to enable potential activity with children.
Advertisements on Locanto
25First of all there were advertisements on Locanto. Analysis of your Locanto account established that you had posted a number of public advertisements on that website. The posting of four such advertisement constituted the use of the carriage service to engage in objectively offensive conduct.
The advertisements were entitled as follows:1. "Young girls, send me your pics, I'll rate you out of 10-45";
2. "Any daddy girls looking to play - 45";
3. "Any daddy's girls looking to play -45"; and
4. "Are you a school slut? Girls only apply - 45".
Chat conversations on Locanto
26An analysis was undertaken on your Locanto account and further established that you had engaged in a number of chat conversations with unknown persons. You then used a carriage service to engage in objectively offensive conduct in one such conversation.
27Between 25 April 2017 and 11 May 2017, you engaged in chat conversation with a user identified as “DNKYD69”. You communicated with DNKYD69 about your plans for Thursday, 11 May 2017 with what you thought was a 14 year old girl. You also used the platform, Kik Messenger. You communicated with a person identifying there as “MORT99 (Vine James)”.
28Between 22 April 2017 and 7 May, you engaged in chat conversations with the user identified as MORT99 (Vine James) relevantly summarised as follows.
29At the outset of the conversation you have stated:
"I have young fuck buddies" and stated:
"I'm chatting 14 at the moment".
The recipient, that is MORT99, responded:
"Have you fucked her" and "Do you pay or talk your way in?"
You have then responded:
"If you have a - " I think you meant to say "contact" but it's "contiact" etcetera, "I will be happy to pay to play".
30In those communications you were seeking contacts from MORT99 (Vine James) for paying underage girls for sex. You told your correspondent:
"I want to break my 14 in. She's V".
31In the course of a group chat on the Kik Messenger platform you state:
"Mate, that's great. I'm seeing a 14 on Thurs. Be her first time but in time I'll groom her for you as well. Clips next please".
32The full nature of your communications are set out in Exhibit “A”. These communications are the factual basis for Charge 2.
33Charges 3 and 4, these two charges are transmissions sent or received by you via Kik Messenger. This offending occurred between 3 May 2017 and 9 May 2017.
34The child pornography material transmitted by you was as follows:
·On 4 May 2017 in chat conversations with a user identified as “[email protected]” have transmitted one image that constitute child pornography material which was classified as Category 1 under the ANVIL classifications.
·On 4 and 7 May 2017, conversation with a user identified as “dboii90 (Dazz R)” you have transferred five images that have constituted child pornography material, one of which was classified as Category 4 and four of which were classified as Category 1 under the ANVIL categorisation.
·On 6, 7 and 8 May, in a chat conversation with a user identified as “Anything_goes0103 (Bobby Adonis)” you have transmitted five images that constituted child pornography material, one of which was classified as Category 3 and 4, which were classified as Category 1 on the ANVIL classification.
·On 7 May 2017, a chat conversation with a user identified as “rajyj38 (Jas Dhatt)”, you have transmitted three images that constitute child pornography material, each of which was classified as Category 1.
·On 9 May 2017, in a chat conversation with a user identified as “aaauuussss (JK)” you have transmitted one image that constituted child pornography which was classified as a Category 1 image.
35You then also caused child pornography material to be transmitted to yourself over Kik Messenger on one occasion. On 6 and 7 May 2017, in a chat conversation with a user identified as [email protected] and upon a request by you the user transmitted to you 63 images that constituted child pornography material.
36Of these images: 59 were classified as Category 1, two were categorised as Category 4. One was categorised as Category 4, and one was categorised as Category 6.
37In total between 3 May 2017 and 9 May 2017, you have transmitted 32 files that constituted child pornography material and they were classified as follows:
·28 images in the Category 1 of the ANVIL classification; and
·Four of them were in Category 3 of the ANVIL classification.
38In between 4 May 2017 and 7 May 2017, you caused to be transmitted to yourself 64 files that constituted child pornography material.
39Charge 5, possession of child pornography material. Child pornography material was discovered on your mobile phone. A total of 439 files containing child pornography material were identified. The creation dates for those files was between 9 June 2016 and 11 May 2017.
40These 439 files were subsequently viewed by representatives of yours, legal representatives and the prosecution. It was agreed that those files included 82 visually distinct, that is excluding what appeared to be duplicate images, classified as follows:
· Category 1, there were 70 images;
· Category 3, there are eight images and one video;
· Category 4, there were two images; and
· Category 6, there was one image.
41That makes up the total of 82 visually distinct images and files.
42Descriptions of the files contained in each of the categories was set out in the prosecution summary and I will repeat that here:
43In Category 1, one image depicts a naked pubescent female child sitting on a couch with legs parted and appearing to eat a banana. Another image depicts a female pubescent female child standing in a bathroom wearing only a pink T-shirt which has been pulled up to accentuate the vaginal region.
44In Category 2, one image depicts a young female child lying naked on her back with an adult hand pulling back her labia to expose the opening of the vagina. Another image depicts a young female child holding what appears to be an adult male penis. The video depicts an adult male penis ejaculating or urinating on the vagina of a naked infant or small child.
45In Category 4, sample was one image. It depicts a pre-teen female child engaged in vaginal intercourse with an adult male.
46The Category 6, is one image that appears to be a cartoon or computer generated graphics file depicting a pre-teen female child lying on her stomach, her underwear pulled down to her knees and her dress pulled up to expose her buttocks and lying next to a whip and red coloured book which depicts what appears to be a child with the title "Discipline " (indistinct) "Love".
47Given the detailed descriptions of the child pornography material set out in the prosecution opening it was unnecessary for me to view a sample of the child pornography material. This approach is consistent with the judicial wisdom set out in Hutchinson's case in New South Wales Court of Criminal Appeal and Zarb's case in Victoria Supreme Court of Appeal.
Personal Circumstances
48You celebrate your 49th birthday next week.
At the time of this offending you were 47 years old. You were born in England. Your mother and younger brother still live in the United Kingdom. Your father passed away four years ago at the age of 73. You have lived in a de facto relationship for 24 years. You have a five year old son. Despite this offending you still enjoy the support of your de facto who was in court on the date of the plea and I notice in court today.49You grew up in different countries due to the transient nature of your father's employment. You have lived in Nigeria, Oman and the United Kingdom.
You have also lived in the United States of America. You completed your secondary education in 1986 in the United Kingdom. After leaving school you attended Crowley College of Technology and graduated as a qualified plumber. In your youth you played rugby for Sussex until your sporting career was halted as a result of a broken ankle.50You have had a consistent employment history. Prior to coming to Australia in 1999 you have been involved in a range of employment roles. You have worked as a volunteer on a kibbutz in Israel. You have been a youth counsellor in Pennsylvania for four years. You worked in your trade as a plumber for two years in the United Kingdom and you worked as a carer for the blind in West Sussex for two years and you have worked in communications.
51After you came to Australia, your work has been as a machine operator, production batch maker and a storeman. Your employment at the time of your offending was a life guard and a Learn to Swim supervisor. At the time of your plea you were a fishmonger at a local supermarket.
52Upon your arrest for these offences you sought treatment from your GP initially. You were then referred to Dr Paul Grech, a clinical psychologist. Dr Grech prepared a report dated 18 February 2018. Dr Grech also gave evidence in the plea. Dr Grech prepared a secondary report which was dated 6 March 2018. Both of those reports were Exhibit “1” on the plea. Dr Grech said in evidence that he had seen you on 28-30 occasions since your first session which was on 17 May 2017.
53Dr Grech's opinion is that you do not, or did not, exhibit signs of distorted thinking or minimisation in respect of your offending. He described your insight into the offending as developing over a period of time.
54You told Dr Grech you intended to have sex with the girl, that is the procure charge. Dr Grech took a history from you that you initially were viewing adult pornography and drifted to a younger age pornography in recent times before your arrest. You told Dr Grech at the time of your offending you did not appreciate that you were supporting this sordid industry of child exploitation.
Dr Grech's final opinion was that you were a low risk of re-offending but required full sex offender program followed by post-program therapy with an experienced psychologist to maximise your rehabilitation prospects.55You were also examined and assessed by Dr Prashant Pandurangi.
Dr Pandurangi is a forensic psychiatrist based at Forensicare. He prepared a report dated 13 July 2018, which was Exhibit “2” on the plea.56Dr Pandurangi also gave evidence at your plea hearing. Dr Pandurangi noted that you were of average intelligence and had reasonable insight into your offending. He noted that you did not deny or minimise the impact of your offending on your intended victim. Dr Pandurangi noted your history to him of being sexually aroused when contacted by the 14 year old girl as you thought it to be. Overall Dr Pandurangi assessed your risk of similar offending as low.
57You have sought out and attended appropriate treatment after your arrest.
You have not re-offended in the period between your arrest and now. You have navigated the return to your home with your partner and son under DHHS supervision.58The period of offending is of relatively short duration. That is from April to May 2017. The number of distinct files of the child pornography is 82 and hence the number of victims is not as significant as in other cases that come before this court. You have pleaded guilty at an early stage of the proceedings in October 2017. You have no prior convictions and have expressed remorse for your offending to your treaters.
59The totality of your offending is serious and cannot be overwhelmed by your personal circumstances.
Sentencing Considerations
60Charges 1, 2, 3 and 4 are Commonwealth offences. Section 16A (2) of the Crimes Act sets out the sentencing principles to be applied in your case. There are many factors I must take into account when sentencing you and they include the following.
1)The principle of general deterrence.
2)The nature and circumstances of the offence including your moral culpability.
3)The maximum applicable penalties to each of the charges.
4)It the offences form part of a course of conduct consistent with criminal acts of the same or similar character than that course of conduct which is applicable here.
5)The fact that you have pleaded guilty to the charges.
6)The degree to which you have cooperated with law enforcement agencies and the investigation of the offences.
7)The deterrent effect of any sentence order under consideration that may have on you, that is, specific deterrence.
8)The need to ensure that you are adequately punished for the offences.
9)Your character antecedence, age and means and physical and mental condition and,
10)The probable effect of any sentence order under consideration might have on your family and,
11)The prospects of your rehabilitation.
61Under Commonwealth sentencing legislation to sentence an offender to an immediate term of imprisonment is a sentence of last resort. Charge 5 on the indictment is a State offence. The sentencing considerations are similar to the Commonwealth considerations for sentencing.
62I am also required to take into account current sentencing practices in fixing your sentence. That inquiry is directed particularly but not exclusively to the kinds of sentences imposed in comparable cases and the statistics for those sentences. I have considered the statistics and the current sentencing practices mindful that each case must be considered in the light of its own particular circumstances and many of those cases would be distinguishable from your case, as indeed they are from one another.
63I am mindful of the provisions of the Sentencing Act and in particular s.5 (4C) which directs a sentencing court to consider whether a community corrections order can achieve the purpose for which a sentence is to be imposed.
64I have reviewed the case of Boulton in considering if a community corrections order would be appropriate in your case and I have had you assessed for a community corrections order. You have been assessed as being suitable.
That is not the end of the matter. I have noted that the case summaries handed to me in and in particular the authority of DPP (Cth) v Singh [2017] VSCA 146.65You have pleaded guilty to the charge. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and a resolution of a substantive issues raised by your offending. Your plea allows for the preservation of the court and police resources to deal with other matters and your plea vindicates the public confidence in the legal processes set up to protect the community.
66Your plea also is a clear acknowledgement by you that you accept responsibility for your criminal behaviour on these occasions.
Your plea also recognised you are willing to facilitate the course of justice in the community and I accept that your plea of guilty to these charges indicates and demonstrates some remorse on your behalf.67You have no prior convictions and you are to be sentenced as a person of prior good character for a period of almost 47 years. I also accept you are remorseful for your offending and accept your expressions of remorse to Dr Grech and to Dr Pandurangi are genuine. These matters go to the issue of specific deterrence in fixing your sentence.
68The charge of using a carriage service to procure a child under 16 years to engage in sexual activities is a most serious offence. Over a relatively short period of time you have offended in respect of one prospective victim.
You genuinely believed you were communicating with a 14 year old girl. You were 47 years old at the time. The age difference is significant. You were prepared to pay your victim money. You were seeking to initiate your victim into sexual activity. The Act provides that it does not matter that the fact that your victim is not a real person does not mitigate the offending.69General deterrence and specific deterrence are paramount considerations in this offence. Your offending lacked the degree of cunning shown by other offenders. You provided your phone number to your victim. You were always going to be traced. You sent her a photograph. You were always going to be identified. It is significant and aggravating that you attended the planned meeting place with lubricant and the G-strings for your victim in your car.
You were not led on by the officer. This meeting was coerced and driven by your activity. In the circumstances of this case a term of immediate imprisonment is the proper and just sentence.70In respect of Charges 2, 3 and 4 there is a significant overlap both in the type and timing of the offending. It is serious offending because it necessarily involves the movement or trading of child pornography material with other
like-minded offenders.71You have also accessed and possessed material in the Categories of 1, 3 and 4 and 6 of the ANVIL classification. Possessing and transmitting child pornography is very serious offending.
In essence you are an end user in this market of depravity where young children are exploited and violated.72In general terms child pornography is depraved, abhorrent and a remorseless exploitation of young people who are the subjects of videos and photographs that you have viewed. These children are manipulated by cruel adults who subject them to degrading and distressing experiences that effect their self-esteem, their physical and psychological well-being and their personal development.
73It is all done for profit. If there were no consumers of these images and videos or market for this pornographic material, there is no profit and hence no affected children. Your criminal activity is the basis for this child pornography market.
74In Victoria it is now the law that unless exceptional circumstances exist the sentence involving an immediate term of imprisonment is ordinarily warranted for these offences and I refer to the authority of DPP v Garside which is a Victorian Court of Appeal for that proposition. The broad principles of sentencing is that each case must be decided according to its own circumstances.
75In the recent case of De Leeuw, which is reported at [2015] NSWCA 183, the relevant principles of sentencing for child pornography cases are as follows, and it is stated in this case, and I will read it out to you.
"Appellate courts throughout Australia have consistently stated that the following propositions apply in sentencing for child pornography offences.
(a) Unless exceptional circumstances exist a sentence involving an immediate term of imprisonment is ordinarily warranted.
(b) The objective seriousness of the offending is ordinarily determined by reference to the following factors. (1) The nature and content of the material, in particular the age of the children and the gravity of the sexual activity depicted. (2) The number of items or images possessed. (3) Whether the material is for the purpose of sale of further distribution. (4) Whether the offender will profit from the offence. (5) In the case of possession or access of child pornography for personal use, the number of children depicted and thereby victimised and, (6) the length of time for which the pornographic material was possessed.
(c) General deterrence is the primary sentencing consideration for offending involving child pornography.
(d) Less or limited weight is to be given to the offender's prior good character.
(e) Offending involved child pornography occurs on an international level and has become increasingly prevalent with the advent of the internet as a means of allowing people to access and obtain child pornography.
(f) Offending involving child pornography is difficult to detect given the anonymity provided by the internet.
(g) The possession of child pornography material creates a market for the continued corruption and exploitation of children.
(h) There is a paramount public interest objective in promoting the protection of children as the possession of child pornography is not a victimless crime. Children are sexually abused in order to supply the market.
(i) The fact that an offender does not pay or access, pay to access child pornography websites or was not involved in the distribution or sale of child pornography does not mitigate the offending".
76I do not find exceptional circumstances apply to your case. The only appropriate sentence for Charges 2, 3 and 4 are terms of imprisonment. I have cumulated that part of each sentence for those offences to reflect the seriousness of your offending whilst at the same time ensuring the total effective sentence is not a crushing sentence and would then offend the principle of totality in sentencing.
77In respect of Charge 5, which is the State offence of possessing child pornography, I have imposed a two year community corrections order to commence at the completion of your immediate term of imprisonment.
The community corrections conditions are directed specifically at enhancing and reinforcing your prospects of rehabilitation.78The principles of general and specific deterrence are significant factors in assessing your total sentence to achieve a just sentence and for the protection of the community.
79I have sentenced you as a serious sexual offender and note that on the record pursuant to s.6F of the Sentencing Act. I order that you are to be placed on the Sex Offender's Register for life. Each of the charges of Charges 1, 3, 4 and 5 are Class 2 charges.
80Would you stand please?
81In respect of Charge 1, which is the procure a person under 16 years old charge, you are convicted and sentenced to 18 months' imprisonment. That is the base sentence.
82In respect of Charge 2, use a service to cause offence you are convicted and sentenced to three months.
83In respect of Charge 3, transmitting child pornography, you are convicted and sentenced to nine months' imprisonment.
84In respect of Charge 4, causing child pornography to be sent to you, you are convicted and sentenced to nine months' imprisonment.
85I direct these sentence commence on the following dates:
·In respect of Charge 1, the sentence of 18 months commences today, 25 October 2018;
·In respect of Charge 2, that sentence of three months commences today, 25 October 2018;
·In respect of Charge 3, which is the transmitting child pornography,
I direct that that sentence commences on 24 April 2020; and·In respect of the sentence of Charge 4, that commences on 24 October 2020.
86Just so it is clear to you that is a total effective sentence of two and a half years' imprisonment.
87In respect to Charge 5, knowingly possess child pornography, you are convicted and placed on a two year CCO commencing upon your release from prison and you are to be supervised and attend for a sexual offender's treatment program. They are the conditions.
88In respect of the sentence of two and a half years, I am replacing you on a four year recognisance release order in the sum of $5000 and you are to be released after serving 18 months of the sentence I have just imposed.
89So, in effect, you have got an 18 month sentence to serve, you have got a two and a half year sentence total with a CCO at the end of the time you have served.
90Further, you are placed on the Sex Offender Register for life and that is on Charges 1, 3, 4 and 5. They are, as I have said before, Class 2 offences.
I have sentenced you as a serious sexual offender pursuant to s.6F of the Sentencing Act and that will be noted on the record.91I just want to check two things, counsel. Do those numbers add up first of all and secondly is that the appropriate form of the order?
92MS KING: If I can just have a moment just to check the length, Your Honour?
93HIS HONOUR: Yes.
94MS KING: But can I just clarify in relation to Charge 2 ‑ ‑ ‑
95HIS HONOUR: Yes.
96MS KING: ‑ ‑ ‑ did Your Honour indicate that it was three months imprisonment commencing on 25 October ‑ ‑ ‑
97HIS HONOUR: Today, yes.
98MS KING: Yes thank you, Your Honour.
99HIS HONOUR: So it's concurrent.
100MS KING: Yes.
101HIS HONOUR: It's wholly concurrent.
102MR JASSAR: So was that Charge 2, Your Honour?
103HIS HONOUR: Yes.
104MR JASSAR: Yes.
105HIS HONOUR: Charge 3 commences - in effect what it is is, 18 months is the base sentence commencing today, that's Charge 1. For Charges 3 and 4 I've cumulated six months of each of them. You can take a seat.
106MR JASSAR: Charge 3 was commencing 24 October 2019.
107HIS HONOUR: No, no, Charge 3, 24 April.
108MR JASSAR: April 2019?
109HIS HONOUR: Did I ‑ ‑ ‑
110MR JASSAR: 2020.
111HIS HONOUR: 2020 it will be. It's at the end of 18 months. 24 April 2020 is 18 months away from today and then I've added the further six months on that by Charge 4 because it commences ‑ ‑ ‑
112MR JASSAR: Yes.
113HIS HONOUR: ‑ ‑ ‑ on 24 October 2020.
114MR JASSAR: I'm just wondering whether that makes a non-parole period of ‑ ‑ ‑
115HIS HONOUR: There isn't a non-parole period.
116MR JASSAR: Sorry, not a non-parole - to be released on a RRO after
18 months.117HIS HONOUR: Yes.
118MR JASSAR: Your Honour has, after 18 months added another six months for Charge 4. Your Honour said it's commencing 24 October 2020.
119HIS HONOUR: Yes. It's 18 months ‑ ‑ ‑
120MR JASSAR: Yes.
121HIS HONOUR: ‑ ‑ ‑ plus six months, that's two years for 3, plus six months for 4. That's two and a half years total effective sentence.
122MR JASSAR: Yes, Your Honour.
123MS KING: In terms of Charge 4, Your Honour, can I just clarify, is it the straight nine months?
124HIS HONOUR: Yes.
125MS KING: To serve the nine months?
126HIS HONOUR: No, no, no.
127MS KING: Serve six?
128HIS HONOUR: Yes.
129MS KING: Yes.
130HIS HONOUR: It's the commencement date that designates that, yes. That's how it works in the Commonwealth. It's not the way it works in the State.
131MS KING: Yes.
132HIS HONOUR: Yes. Does that add up, Mr Jassar? You're still ‑ ‑ ‑
133MR JASSAR: No, I'm still - I thought my maths was somewhat good but ‑ ‑ ‑
134HIS HONOUR: No, no, no, it's ‑ ‑ ‑
135MR JASSAR: ‑ ‑ ‑ I'm trying to work it out.
136HIS HONOUR: It's important to make sure we've got this right. That's my intention, all right?
137MR JASSAR: Yes.
138HIS HONOUR: It's two and a half years is the, in traditional terms, the head sentence.
139MR JASSAR: Yes.
140HIS HONOUR: The time to serve is 18 months and then the CCO on the end of that.
141MR JASSAR: Yes, sir.
142HIS HONOUR: So that he's got assistance on the way out.
143MR JASSAR: Yes, Your Honour.
144HIS HONOUR: So has someone prepared the recognisance release order?
145MS KING: I've completed the recognisance release, Your Honour.
146HIS HONOUR: Mr Jassar, I'll ask you to attend at the back in a moment. There'll be a recognisance release order to sign.
147MR JASSAR: Yes, sir.
148HIS HONOUR: That's in the sum of $5000, Madam Prosecutor, and it's for a period of four years.
149MR JASSAR: Yes, sir.
150HIS HONOUR: So it sort of runs a parallel time, roughly for his CCO and sentence.
151MR JASSAR: Yes, sir.
152HIS HONOUR: Then there's the Sex Offender's Register and the CCO. So there's three separate ‑ ‑ ‑
153MR JASSAR: Yes, Your Honour.
154HIS HONOUR: Yes.
155MR JASSAR: Is Your Honour going to go through the CCO conditions with him?
156HIS HONOUR: The only conditions are - there's the standard conditions.
157MR JASSAR: Yes, of course.
158HIS HONOUR: But the only special conditions are that he be supervised and that he attends a sexual offender's program. What happens is, in gaol he should receive a sexual offender's program and then he gets a follow up when he gets out and the reason I put that on this order is twofold. One is that it's a supervised situation so that he - and he gets the total benefit of both sets. That's ‑ ‑ ‑
159MR JASSAR: Yes, Your Honour.
160HIS HONOUR: ‑ ‑ ‑ and the State pays for it. He's paid for his treatment up until now. Sorry, I'm assuming he'll go back to his family's place and at the moment that would mean Moorabbin Justice Community Corrections Centre is the right place.
161MR JASSAR: Yes, Your Honour.
162HIS HONOUR: Yes. The only other matter I have to explain to you, Mr Northmore, is the effect of the recognisance release order. It is this: the $5000 you do not have to pay unless you do not comply with the recognisance release order. That is the first thing about the money. It means that upon your release though from prison, that is at the end of the 18 months, you have to be of good behaviour for the period of four years, which is the total period of that time. If you breach then you have got a year of prison hanging around.
163I will just have those three documents taken down to you, Mr Jassar, and ‑ ‑ ‑
164MR JASSAR: Yes, Your Honour.
165HIS HONOUR: ‑ ‑ ‑ attend at the dock to explain to your client.
166MR JASSAR: Thank you, Your Honour.
167HIS HONOUR: Mr Jassar, I will note on the court records that this is your client's first time in custody.
168MR JASSAR: Yes thank you, Your Honour.
169HIS HONOUR: Do you hear that? That is his first time in custody. Just make sure that he is watched carefully.
170MR JASSAR: He is on medication as well, Your Honour, anti-depressants.
171HIS HONOUR: Have they been brought to court?
172MR JASSAR: No, Your Honour, of course not. They're not allowed in custody.
173HIS HONOUR: No, no, I know.
174MR JASSAR: Yes. So just a note as well that he is on medication and to be seen by a nurse or a doctor.
175HIS HONOUR: Yes, on his attendance.
176MR JASSAR: Yes.
177HIS HONOUR: Mr Northmore, when you get downstairs you will be inducted into the Corrections system. You tell them what medications you take and the authorities will make sure that you are looked after appropriately. All right.
178MR JASSAR: Now can I have those forms back to return to Mr Northmore in relation to the Sex Offender's Register?
179HIS HONOUR: Yes. They were handed - I asked them to be put on the table for the ‑ ‑ ‑
180MR JASSAR: No, that's the form that he signed but the Sex Offender's Register ‑ ‑ ‑
181HIS HONOUR: You haven't got a copy?
182MR JASSAR: Your Honour had to - I just handed them up.
183HIS HONOUR: All right.
184MR JASSAR: I think Your Honour has to sign them?
185HIS HONOUR: Yes, I do, the Sex Offender's - no, that's the Corrections. The Sex Offender's Register, the other one, yes thank you.
186MR JASSAR: I have to provide it to him, Your Honour.
187HIS HONOUR: Yes.
188MR JASSAR: May I approach the dock, Your Honour?
189HIS HONOUR: Certainly.
190MR JASSAR: Thank you, sir. If he had a copy of the community corrections order to provide to ‑ ‑ ‑
191HIS HONOUR: Has he not got one?
192MR JASSAR: No, no that's the recognisance order as well as the reporting ‑ ‑ ‑
193HIS HONOUR: I'm sorry. I thought - sorry, I thought that was the Corrections order.
194MR JASSAR: May I, Your Honour?
195HIS HONOUR: Yes. You have Mr Astor out the back somewhere, do you?
196(At this stage the court proceeded with another matter.)
197MR JASSAR: Thank you, Your Honour.
198HIS HONOUR: Thank you, you can take the prisoner, thank you. Were there car keys? Don't worry, you can sort that out.
199MR JASSAR: Yes, Your Honour.
200HIS HONOUR: Thank you.
201MR JASSAR: Pardon me, Your Honour, there was one more - apologies, Your Honour. No, no, it's just that the AFP - there's no forfeiture order needed be made by the court.
202HIS HONOUR: Thank you.
203MR JASSAR: Thank you, Your Honour, apologies.
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