Director of Public Prosecutions v O'Kelly

Case

[2017] VCC 240

10 March 2017

No judgment structure available for this case.

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-16-02084

DIRECTOR OF PUBLIC PROSECUTIONS
v
PATRICK DANIEL O'KELLY

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JUDGE:

HER HONOUR JUDGE PULLEN

WHERE HELD:

Melbourne

DATE OF HEARING:

28 February 2017

DATE OF SENTENCE:

10 March 2017

CASE MAY BE CITED AS:

DPP v O'Kelly

MEDIUM NEUTRAL CITATION:

[2017] VCC 240

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW
Catchwords:            
Legislation Cited:     Criminal Procedure Act 2009; Sentencing Act 1991
Cases Cited:            R v Verdins & Ors [2007] VSCA 102I; R v Lefebure [2000] VSCA 79
Sentence:                 

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APPEARANCES:

Counsel Solicitors
For the Prosecution Mr N. Hutton
Ms M. Sammut
Office of Public Prosecutions
For the Accused Mr R.W. Backwell Theo Magazis & Associates

HER HONOUR:

1       Patrick O’Kelly, you have pleaded guilty to two charges of theft, the maximum penalty applicable ten years on each charge, one charge of reckless conduct endangering persons, with the maximum penalty five years imprisonment, one charge of being a prohibited person using a firearm, a maximum penalty ten years imprisonment, one charge of prohibited person possessing an imitation firearm, a maximum penalty ten years.  You have also pleaded guilty to one charge of trafficking in a drug of dependence, the maximum penalty applicable 15 years, four charges of possession of a drug of dependence, maximum penalty five years imprisonment on each and being a prohibited person possessing a firearm, with a maximum penalty ten years. 

2 You have also agreed pursuant to s145 Criminal Procedure Act 2009, to three Summary Charges, 18, 21 and 23, being dealt with by this Court and have pleaded guilty to them. Charge 18, driving a motor vehicle during disqualification, the maximum penalty for the first offence a fine and/or four months' imprisonment, and a subsequent offence a fine and/or two years, Charge 21, possessing cartridge ammunition without a licence, 40 penalty units and Charge 23, possessing a prohibited weapon, 240 penalty units or imprisonment for two years. A penalty unit as at 28 February 2017 was $155.46.

3       These crimes arise from events that took place on 30 March 2016.  It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter being opened in some detail by the learned prosecutor.  I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing.  It is sufficient, for present purposes, to simply say the facts in this case, in my opinion, are most serious and disturbing.  In addition, you have a number of concerning prior offences, including charges relevant to your offending before me.

4       I turn to a summary of your offending. 

5       At the time of this offending you were 26 years of age and are 27 years of age at sentence.

6       At 8.40pm on 29 March 2016 you left your home in a Nissan Navara vehicle, registration XVZ 322, that vehicle having been stolen from a Mentone address on 20 January 2016 (Charge 1). 

7       At an unknown time and place, after leaving your home address, you began travelling in a white Porsche, registration ABF 179, that vehicle having been stolen from a Mornington address on 9 March 2016 (Charge 2).

8       At approximately 2.45am on 30 March, you, in the stolen Porsche, stopped outside ‘Club 859’, a brothel at 859 Glenhuntly Road, Caulfield.  The vehicle stopped for a few seconds before driving off.

9       At approximately 2.50am you, in that same car, stopped at an address in Caulfield, where you were met by an unknown person driving the stolen Navara.  That car stopped momentarily in Ash Grove before being driven off. 

10      A few seconds later a single shot was fired from inside the stolen Porsche before it drove along Neerim Road, Caulfield.

11      At 2.55am, you and an unknown person stopped outside Club 859 in that stolen Porsche.  You were in the back seat, wound down the rear window of the car and fired eight shots from a .223 calibre rifle into the front of Club 859.  At that time there were six persons present inside the Club (Exhibit A, paragraph 8). 

12      Seven of the eight rounds impacted the front of the building.  One of those rounds ricocheted off the front of the building and impacted an adjacent tram shelter, smashing the glass.  The eighth round smashed through a window and shattered a shower screen inside a room which, at that time, was being cleaned (Charges 3 and 4). 

13      A search of the crime scene located five of the .223 cartridges outside Club 859.

14      At 7.45am you arrived back home in the stolen Porsche. 

15      At 9.40am you were picked up by an associate who was driving the stolen Navara.  You were carrying a brown bag.  At 2.06pm you returned home, driving the stolen Navara, then at 2.25pm you again left, this time in the stolen Porsche.

16      You drove that car around for about an hour, picked up an associate and continued to drive around for a few hours before your associate began driving and you moved to the back seat of that vehicle.

17      At 5.08pm the stolen Porsche was parked in a residential street in Oakleigh East, and three minutes later, you were arrested by members of the Special Operations Group.  The Porsche was searched and inside that vehicle were a number of items.  See Exhibit A, paragraph 17.  They included .223 cartridges matching those found outside Club 859, a handwritten note with the address of the brothel on it, a key to the stolen Navara, an imitation firearm (Charge 5), four bags containing a total of 65.3 grams of Methylamphetamine (Charge 6), cash, a bag containing 2 grams of Cannabis (Charge 7), three Xanax tablets (Charge 8), 1,4-Butanediol weighing 4.6 grams (Charge 9) and a bag containing 9.8 grams of Cocaine (Charge 10). 

18      The trafficable quantity relevant to Methylamphetamine is 3.0 grams. 

19      At the relevant time you were disqualified from driving in Victoria, having been disqualified at the Dandenong Magistrates’ Court on 9 July 2015 for a period of 18 months (Summary Charge 18). 

20      

A search warrant was executed that day at your home in Narre Warren.  Police located a double-barrel twelve-gauge shotgun which had been stolen on


28 March 2016 (Charge 11), a box of twelve-gauge shotgun shells (Summary Charge 21), a Samurai sword and wooden nunchaku (Charge 23) also the stolen Navara, registration XVZ 322.

21      You, at that time, were deemed not fit to be interviewed, and later when questioned exercised your right to remain silent.  I repeat this was your right. 

22      

You were remanded in custody, and had been in custody to date.  As at


27 February 2017 you had spent 335 days in custody by way of pre-sentence detention. 

23      This matter proceeded by way of straight hand-up brief at a committal mention on 24 November 2016 and you entered your pleas of guilty to these charges on 28 February 2017.  You are entitled to have the fact that you have pleaded guilty to these charges taken into account in your favour, and I do so.  The community has, by your pleas of guilty, been spared the time and cost of a trial and witnesses have been spared the need to give evidence upon your trial.

24      Further, I take into account in your favour, you intimated early your intention to plead guilty to these charges as at 24 November 2016. 

25      I am prepared to accept your plea of guilty indicates some remorse for your offending, although I am troubled by the extent of it, considering your relevant prior matters you have admitted before this Court and lack of explanation for this offending. 

26      An aggravating feature of your offending involved pre-planning relevant to the Club 859 of charges. 

27      You have admitted a prior criminal offending including for offences of trafficking in a drug of dependence, being a prohibited person and other firearms and weapons offences.  In addition to your act of extreme violence relevant to Club 859, you are also a drug trafficker and poly-drug user. 

28      I turn to your prior criminal history.  Your first court appearance was at the Dandenong Magistrates’ Court on 21 October 2013 for dishonesty offences, trafficking and possessing drugs, and you were, without conviction, fined an aggregate of $2,000.

29      Your next court appearance was on 9 July 2015.  You appeared on charges including being a non-prohibited person possession of an unregistered firearm, trafficking Methylamphetamine, multiple charges of possessing weapons, dishonesty offences, possessing cartridge ammunition, possessing a variety of drugs, theft of a motor vehicle, driving in a manner dangerous, drive whilst suspended, and for those offences you were sentenced to a term of imprisonment together with a community correction order.  

30      You next appeared at Melbourne Magistrates’ Court on 25 November 2015, for offences including theft of a motor vehicle, trafficking drugs, possessing a variety of drugs, two charges of possession of a prohibited weapon and three, use or carrying a prohibited weapon without exemption, three charges of prohibited person possessing a firearm, possessing cartridge ammunition and possessing a controlled weapon, which a Commonwealth charge, and you received an aggregate of five months’ imprisonment thereabouts. 

31      You next appeared at Melbourne Magistrates’ Court on 22 January 2016 for breach regarding four offences earlier dealt with on 9 July 2016.  The community-based order was cancelled, and in default of payment of $1,050 you were to be imprisoned for seven days.

32      On 7 March 2016, you were before the Melbourne Magistrates’ Court with a charge of contravening a community correction order and it was proven. 

33      I was told by Mr Backwell there is a further offence, yet to be dealt with, of breaching a community correction order, that matter having been adjourned to a date following the sentence imposed by me. 

34      A number of victims of your offending have suffered considerably as a result of it, and I shall return to pass some remarks on that subject shortly. 

35      Your counsel, Mr Backwell, prepared a written outline of submissions and addressed those during the course of your plea hearing.  He stressed that you had pleaded guilty at the earliest opportunity, indicative of your remorse.  He further submitted you also expressed remorse to Mr Mackinnon, Psychologist, of which I am aware and to which I shall shortly refer.  It is submitted that you were 27 years of age at the time of sentence, and despite having relevant prior convictions, Mr Backwell urged your rehabilitation was still an important consideration. 

36      Mr Backwell conceded your prospects of rehabilitation would depend on you remaining drug free.

37      Turning to your background and history, you are the eldest of two sons.  You completed Year 11 and also a plumbing apprenticeship.

38      You were in a relationship between the ages of 15 and 24, however when that ended you began using amphetamines, then Methylamphetamine.

39      You had been in custody since your arrest and in custody had been working on your physical fitness.  You also had completed courses and held a billet position.  Tendered were three certificates. 

40      Mr Backwell submitted that at the time of this offending you were suffering a Substance Abuse Disorder (Methylamphetamine) and Depressed Mood Disorder.  You were now free of any psychological disorders or symptoms of clinical significance.  Mr Backwell was not relying on the principles in R v Verdins & Ors[1]  and such was an appropriate concession based on the material before me. 

[1] (2007) 16 VR 269

41      In that regard I also discussed with him the lack of material to support Verdins principles in the reports of Mr McKinnon. 

42      I was told you had family support, accommodation and an offer of employment with your brother upon release. 

43      I received two reports from Ian Mackinnon, the first dated 18 July 2016, it seems prepared for the then anticipated breach of the community correction order in July 2016.  As previously noted that hearing has been adjourned to a date post this sentence. 

44      Further details were provided in that report regarding your background and history.  You were born in Australia and grew up in the Berwick area.  You described conflict between your parents and when you were 8 years of age your mother left the family.  You and your brother remained in the care of your father. 

45      Your father took over the role of taking you to school and to sporting clubs after school.  Your father lives in Narre Warren and runs a paper bag manufacturing company.  You described a good relationship with he and your brother and described ‘not much’ of a relationship with your mother, seeing her rarely.

46      Reference was made to your relationship between the ages of 15 and 24 and the ending of it leading you to a habitual substance abuse. You also began to neglect your work and your financial obligations.

47      For most of the last decade you had been employed in the plumbing trade, however, your personal and legal problems over the last four years had disrupted your career and impacted on your financial standing.

48      In your adolescence you played in a local football team, basketball team and had some training in martial arts/kickboxing.

49      You generally enjoyed good physical health with no history of serious medical conditions.  It was not until about 2013 you started using Ice and Speed as a result of a breakdown of the relationship.  Ice, you said, became your primary substance of abuse, at times using up to 2 grams of Ice daily.

50      You said you had never received treatment for substance abuse, or any psychiatric treatment.  At the time of that initial assessment you appeared to be suffering from symptoms of Substance Abuse Disorder and Depressed Mood Disorder.

51      In the opinion of Mr Mackinnon, your functional intelligence fell within the normal adult range.  You appeared to be suffering from symptoms that met the clinical criteria for a diagnosis of Substance Abuse Disorder.  Upon your eventual release from prison you may be vulnerable to relapse into substance abuse, especially if you are not linked in with a community treatment service.

52      

At the time of Mr Mackinnon’s assessment, you appeared to be suffering from symptoms that met the clinical criteria for a Depressed Mood Disorder of mild strength.  In the last two or three years, in response to your distress and general anxiety you were self-medicating, primarily with Ice.  In the opinion of


Mr Mackinnon, your criminal tendencies over the last few years were primarily driven by your substance abuse.  You had expressed remorse for your offending.

53      In Mr Mackinnon’s opinion, your Substance Abuse Disorder (primarily Methylamphetamine) and your Depressed Mood Disorder probably made a significant contribution to your offending, degrading your ability to reason and make sound judgement.

54      At the time of that assessment you appeared serious and genuine in your desire to fully address your substance abuse problems to avoid relapse into criminal behaviour.  Should you be imprisoned, you would be able to generally manage yourself ‘well enough’ in a prison environment. 

55      There was a further report provided by Mr Mackinnon dated 26 February 2017. 

56      In this report, Mr Mackinnon confirmed his opinion that at the time of the March 2016 offences before me, your Substance Abuse Disorder and Depressed Mood Disorder made a significant contribution to your offending.  You, again, expressed remorse for your offending.  You said when you discharged the firearm you were “off your head”, not directed at anyone in particular, the consequences, you said, of stupidity and antisocial impulses.  I discussed with Mr Backwell the lack of explanation for your offending and its pre-planning.  You maintained that you were feeling fitter and good regarding your level of fitness.  In custody, you were not receiving any medical, psychological treatment or medication.

57      As are his most recent assessment, the disorders of Depressed Mood Disorder and Substance Abuse Disorder appeared to have ameliorated and, in Mr Mackinnon’s opinion, you presented as free of any psychological disorder or symptoms of clinical significance.

58      I discussed in some detail with your counsel, Mr Backwell, the circumstances of your offending and my concerns regarding your lack of explanation for it.  Mr Backwell conceded yours was not a spontaneous or random act of offending.  He did not have any instructions from you as to why this event occurred, or how you became involved in it, other than drug use. 

59      Mr Backwell conceded that the firing of eight shots made this, in particular, serious offending.  He is correct. 

60      Further, he conceded when assessing the gravity of your offending, it was relevant that there were a number of people in the brothel at the time.  He also conceded this was an attempt to give a clear message to the occupants and/or the owner of the premises, although he did not have any instructions as to why the property/persons were the target and candidly conceded that would cause me concern when assessing the gravity of your offending, your rehabilitation prospects and level of remorse. 

61      Mr Backwell also addressed his written submissions during the course of your plea hearing.  I note your father and brother were in Court to support you. 

62      Mr Backwell submitted, consistent with the material before me, you had relapsed back into drug use when you did not have supervision.  He conceded, however, when you were on a community correction order, your compliance was for only approximately one month and six days before you breached it, initially by failing to provide a urine sample for testing. 

63      Mr Backwell, during the course of the plea hearing, at my request received some further details of the previous community correction order that had been imposed.  It would seem that you were released from custody on 31 July 2015, inducted into that community correction order on 4 August 2015, however as previously stated, within about one month and six days, approximately, there was a non-compliance with urine testing on 10 September and 21 September, and you failed to attend supervision on 22 September 2015.  Further, I was told you committed further offences.  You had, however, completed eight of the hours directed.  Your commitment to that order was short lived. 

64      Your lack of compliance so soon after the order was imposed troubles me when assessing your rehabilitation prospects, and in particular, commitment to ceasing drug use. 

65      Mr Backwell, however, urged that in custody things had improved.  You did not have any medical issues, or the need for any psychological treatment.  While that had also been the case prior to this offending, Mr Backwell urged the lack of those issues would mean that you would at least have the ability to be rehabilitated.  Time will tell. 

66      Mr Backwell conceded  my assessment of your prospects of rehabilitation would be guarded, in particular, as there has not been any explanation that you were prepared to proffer for your involvement in this serious offending.

67      As previously noted, I also discussed with Mr Backwell my concerns regarding the contents of the reports of Mr Mackinnon.  Ultimately they, in particular the latest report, were being relied upon to indicate there would be nothing to prevent you psychologically or medically addressing your drug use.  Ultimately of course, that is going to be a matter for you when you are ultimately tested in the community in the future. 

68      

Mr Backwell submitted remorse was indicative of your pleas of guilty, and I accept that to be so.  Whilst I note you also expressed your concern to


Mr Mackinnnon for this offending, the issue of remorse is complicated by the unexplained circumstances of your violent offending.

69      Mr Backwell also referred to you being relatively young at the time of sentence although conceded when considering this and your prospects of rehabilitation as a younger offender, there was no explanation given by you for this offending relevant to Club 859.  Such, he conceded, might impact upon my assessment of your ability to be rehabilitated.

70      Regarding the efforts you have made in custody, three certificates were placed before me.  Completion of a 24 hour Relapse Prevention Program, Managing Emotion and Managing Loss Programs.  I was also told that working as a billet in prison, you had also completed a number of occupational, health and safety courses, to be able to engage in that work. 

71      Mr Backwell’s primary submission was that I could consider the imposition of a term of imprisonment, together with a community correction order.  Without abandoning his primary submission, he submitted if I did not consider such to be an appropriate disposition, then a term of imprisonment with a non-parole period should be imposed.

72      Mr Hutton, who appeared on behalf of the prosecution, submitted yours was serious offending.  In my opinion, it was.

73      In particular, Mr Hutton submitted your offending, specifically reckless conduct, fell at the higher end of gravity, involving eight shots being fired into premises where there were likely to be people present, as it was a brothel.

74      Mr Hutton also referred to your most recent prior offending having also involved possession of firearms.  The prosecution submission was that a straight sentence, including a period of parole, was the appropriate disposition.

75      

There was a Victim Impact Statement from Christopher Grimshaw, sworn


13 February 2017.  As a result of his car being stolen, his company business suffered a loss through insurance excess, and also he was financially disadvantaged for the vehicle as it was being written off.  He was also out of pocket because of items stolen from within the vehicle.

76      There was a Victim Impact Statement from Fiona Brownlee, sworn 10 February 2017, the operator of Club 859.  She did not know who could have done this to her business, or why, and she was very nervous as a result.  The girls on duty that night, she said, were shaken, and she needed to organise and pay for security to come and watch the building.  Everyone was very much on edge, she said, for months after.  She was extremely nervous about going home.  She now locked gates at night, kept her blinds down during the day and had installed CCTV cameras at home.  As at the date of her Victim Impact Statement she was still nervous that someone may be following her when she left the business and does not feel as confident as she used to.  She was angry you had shot at the premises, the bullets just missed a girl who was in one of the rooms at the time. 

77      

The effects upon a victim are a relevant sentencing consideration


(s5 Sentencing Act 1991). I am conscious, however, I must not allow the effects upon a victim to swamp the sentencing process.

78      Regarding your rehabilitation prospects, I do have concerns, in particular this assessment, as I said, is complicated due to lack of explanation for your violent and serious offending. 

79      Regarding your rehabilitation prospects, there is little before me to suggest great likelihood of your rehabilitation, for the reasons I have referred to during these sentencing remarks, being mindful as I am of your lack of current mental health issues and lack of drug use in custody, and also lack of prescribed medication.  In fixing an appropriate sentence, I must of course, seek to maximise your chances of rehabilitation as they may be.

80      As well as matters personal to you, to which I referred, including your prospects of rehabilitation, I must also take into account matters such as general deterrence, which is of specific importance in a case such as this.

81      There is also the need for specific deterrence when sentencing you, in particular, referable to your prior relevant criminal offences and the lack of explanation for your involvement in this offending before me.

82      I am also called upon by the Sentencing Act 1991 to manifest the community’s denunciation of your conduct and generally to impose a just punishment.

83      I must also consider the question of protection of members of the community from you and bear in mind the likelihood of re-offending.  This concerns me, given your quick relapse into drug use following your most recent release from custody, also complicated by your lack of explanation for your offending. 

84      In my opinion, to impose a disposition involving a term of imprisonment of up to two years together with a community correction order, would not adequately or appropriately reflect all sentencing considerations, taking into account not only the gravity of your offending, but also all matters in mitigation and personal to you. 

85      In my opinion, the only appropriate disposition is a head sentence with a non-parole period. 

86      In determining the appropriate sentence, I have taken into account principles of totality and proportionality. 

87      I therefore sentence you as follows. 

88      On Charge 1, convicted and sentenced to 12 months’ imprisonment. 

89      On Charge 2, convicted and sentenced to 12 months’ imprisonment. 

90      On Charge 3, convicted and sentenced to 2 years and 6 months’ imprisonment. 

91      On Charge 4, convicted and sentenced to 18 months’ imprisonment. 

92      On Charge 5, convicted and sentenced to 12 months’ imprisonment. 

93      On Charge 6, convicted and sentenced to 2 years’ imprisonment. 

94      On Charge 7, convicted and sentenced to 1 months’ imprisonment. 

95      On Charge 8, convicted and sentenced to 1 months’ imprisonment. 

96      On Charge 9, convicted and sentenced to 2 months’ imprisonment. 

97      On Charge 10, convicted and sentenced to 2 months’ imprisonment. 

98      On Charge 11, convicted and sentenced to 18 months’ imprisonment. 

99      On Summary Charge 18, convicted and sentenced to 2 months’ imprisonment. 

100     On Summary Charge 21, convicted and fined $250. 

101     And on Summary Charge 23, convicted and sentenced to 3 months’ imprisonment. 

102     I order the following in relation to cumulation concurrency.

103     Charge 3 is the base sentence and I direct the following.

104     That 6 months of Charge 1 be served cumulatively upon Charge 3. 

105     That 6 months of Charge 2 be served cumulatively upon Charge 3. 

106     That 6 months of Charge 4 be served cumulatively upon Charge 3. 

107     That 3 months of Charge 5 be served cumulatively upon Charge 3. 

108     That 12 months of Charge 6 be served cumulatively upon Charge 3. 

109     That 6 months of Charge 11 be served cumulatively upon Charge 3. 

110     That 14 days of Summary Charge 18 be served cumulatively upon Charge 3. 

111 And 1 month of Summary Charge 23 be served cumulatively upon Charge 3.

112     The sentences imposed on Charges 7, 8, 9 and 10 are to be served concurrently with each other and concurrently with the head sentence imposed. 

113     That results in a total effective sentence of 5 years 10 months and 14 days' imprisonment, and I direct that you serve a period of 4 years before you are eligible for parole. 

114 Turning to s6AAA Sentencing Act 1991, had you been found guilty of these offences following jury verdict, in other words, if you had pleaded not guilty to them and been found guilty of them, I would have sentenced you to a term of imprisonment of 8 years and set a non-parole period of 6 years.

115 Pursuant to s18(4) Sentencing Act 1991, I declare you have spent 345 days in custody by way of pre-sentence detention up to and including yesterday, 9 March 2017, and I direct that that be entered into the records of the Court.

116 Pursuant to s89 Sentencing Act 1991, on Charges 1 and 2 (theft of motor car offences), I cancel and disqualify you from obtaining a licence for a period of 5 years from today’s date. In determining the appropriate period of cancellation and disqualification, I am mindful of the decision that of R v Lefebure[2] and rehabilitation. 

[2] (2000) 31 MVR 131

117     The prosecution made application for a forensic sample.  This was not opposed by counsel on your behalf and I make the order in the terms sought on the basis of the seriousness of your offending and your prior convictions.  It will be for a saliva sample and I must advise you, the authorities may use reasonable force in order to obtain that sample.

118     The prosecution also made application for two forfeiture orders, which was not opposed by counsel on your behalf, and I make the orders in the terms sought.

119     The prosecution also made application for a disposal order.  Counsel on your behalf, did not oppose the making of such an order and I make the order in the term sought. 

120     Any other orders? 

121     Now, how about the maths?  Everyone get the maths right?  I mean, it all adds up.  Are you all right with that?  Nothing to be repeated?

122     MR BACKWELL:  No, Your Honour, it all adds up.

123     HER HONOUR:  It all adds up, nothing be repeated?

124     MS SAMMUT:  It does, Your Honour.

125     HER HONOUR:  What about the PSD?

126     MS SAMMUT:  That was correct.

127     HER HONOUR:  All right, you agree with that?

128     MR BACKWELL:  Yes, I do.

129     HER HONOUR:  All right, excellent.

130     MS SAMMUT:  Just one more thing, Your Honour.  In regards to the forfeiture order.  There were two forfeiture orders?

131     HER HONOUR:  Yes.

132     MS SAMMUT:  Just wanted to clarify that.

133     HER HONOUR:  Not a disposal?

134     MS SAMMUT:  No, there is one disposal.

135     HER HONOUR:  Were there two?

136     MS SAMMUT:  Yes, so one is for - - -

137     HER HONOUR:  They were for two forfeiture orders.

138     MS SAMMUT:  Yes, Your Honour.

139     HER HONOUR:  I did not know that.  Did you know that?

140     MR BACKWELL:  Yes I did, Your Honour.

141     HER HONOUR:  All right.  Is that the same position?  Not opposed?

142     MR BACKWELL:  Not opposed.

143     HER HONOUR:  All right, well I do not know why I did not know that, but anyway, I had one.  Two it is.  All right, I think that is it.  Yes, all right.  Thank you very much, Mr O'Kelly.  You will need to go out, thank you.  Thank you both for being on time.  Thank you.

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Cases Citing This Decision

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Cooper v The Queen [2020] VSCA 288
Cases Cited

3

Statutory Material Cited

0

R v Verdins [2007] VSCA 102
R v Lefebure [2000] VSCA 79
Du Randt v R [2008] NSWCCA 121