Director of Public Prosecutions v O'Laughlin

[2017] VCC 893

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
(Not) Restricted
Suitable for Publication

Case No. CR-16-02157
CR-17-00794

DIRECTOR OF PUBLIC PROSECUTIONS

v

JACK O'LAUGHLIN

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JUDGE:	HIS HONOUR JUDGE RYAN
WHERE HELD:	Melbourne
DATE OF HEARING:	29 June 2017
DATE OF SENTENCE:	29 June 2017
CASE MAY BE CITED AS:	DPP v O'Laughlin
MEDIUM NEUTRAL CITATION:	[2017] VCC 893

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:             Making, using or supplying identification information – possess a drug of dependence – prohibited person possess firearm – trafficking in a drug of dependence – dealing with proceeds of crime – handling stolen goods – possess equipment used to make identification documentation – possess identification information

Legislation Cited:     Firearms Act 1996; Sentencing Act 1991
Cases Cited:            R v Verdins (2007) 16 VR 269

Sentence: 7 years imprisonment with a non-parole period of 5 years imprisonment. Section 6AAA declaration: 10 years imprisonment with a non-parole period of 7 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr N Batten	Solicitor for the Director of Public Prosecutions
For the Accused	Mr J Saunders	David Giorgianni Giorgianni & Liang Lawyers

HIS HONOUR:

1       On 16 June 2017, Jack O’Laughlin, you pleaded guilty to two indictments being F13479314 containing 17 charges, being making, using or supplying identification information, Charges 1 to 5 both inclusive; possessing a drug of dependence, three charges, Charges 6, 11 and 18; being a prohibited person possess a firearm, Charge 7; trafficking in a drug of dependence, five charges, Charges 8, 10, 15, 16 and 17 put on the basis of possession for sale; dealing in the proceeds of crime, Charge 9; handling stolen goods, Charge 12; possessing equipment used to make identification documentation, Charge 13; and possessing identification information, Charge 14.

2       As well, you pleaded guilty to a number of related summary offences being:  Charge 7, possess a prohibited weapon, namely a high powered laser pointer; Charge 8, possess a prohibited weapon, namely a crossbow and arrows; Charge 10, state a false name to police; Charge 11, commit an indictable offence whilst on bail; Charge 20, possess two detonator cords and a package of plastic explosive without an appropriate licence; Charge 29, possess cartridge ammunition whilst not the holder of a licence under the Firearms Act 1996; Charge 76, possess a number of Schedule 4 poisons; and Charge 87, possess accoutrements supplied to members of the Victoria Police Force without lawful excuse, namely a Victoria Police identification badge.

3       The maximum penalties for the offences to which you have pleaded guilty are:

·Making, using or supplying identification information – five years’ imprisonment;

·Possessing a drug of dependence in your circumstances – one year’s imprisonment;

·Prohibited person possess firearm – ten years’ imprisonment;

·Trafficking in a drug of dependence – 15 years’ imprisonment;

·Dealing with the proceeds of crime – 15 years’ imprisonment;

·Handling stolen goods – 15 years’ imprisonment;

·Possessing equipment used to make identification documentation – three years’ imprisonment; and

·Possessing identification information – three years’ imprisonment.

4       In respect to the related summary offences, the maximum penalties are:

·Charges 7 and 8 – possess prohibited weapons – 24 penalty units or two years’ imprisonment;

·Charge 10 – state false name to police – five penalty units;

·Charge 11 – commit indictable offences whilst on bail – 30 penalty units or  three months’ imprisonment;

·Charge 20 – possess explosives without licence – a minimum penalty of five penalty units and a maximum penalty of 100 penalty units;

·Charge 29 – possess cartridge ammunition – 40 penalty units;

·Charge 73 – possess Schedule 4 poisons – ten penalty units; and

·Charge 87 – possession of Victoria Police identification – 120 penalty units or one year’s imprisonment.

5       Upon arraignment, you admitted your prior convictions, which include prior convictions for dealing in property suspected of being the proceeds of crime; trafficking in drugs of dependence and committing offences whilst on bail and failing to answer bail.

6       At the time of the commission of the offences the subject of Indictment F13479314, you were on bail for other offences and this is an aggravating circumstance of your offending.

7       Tendered as Exhibit A on the plea and read aloud in court was the summary of prosecution opening in respect of Indictment F13479314.  In summary form, in October 2015, you were on bail and living in an apartment in City Road, Southbank.  Whilst investigating an incident that occurred in Echuca on 7 October 2015, which involved you and your associates, police became aware of a Kennards storage facility in Port Melbourne.  On 12 October 2015, police executed warrants at your apartment and at the storage locker at Kennards in Port Melbourne.  The charges that found the indictment, together with the related summary offences, arise out of what police found at those locations.

8       On or about 26 June 2015, you provided identification information in a fictitious name Oliver Kennedy to Telstra to enable you to open a Telstra account in that name.  (Charge 1)  The following day, using an online service, you provided identification information in the name Oliver Kennedy, being driver’s licence details to Citibank to enable you to open an account in that name.  (Charge 2)  On 3 July 2015, again using an online service, you provided information in the name of Oliver Kennedy, being Victoria driver’s licence details to the Bank of Melbourne to enable you to open an account in that name.  (Charge 3)  On 8 and 13 July 2015, you provided information in the name of Oliver Kennedy, being driver’s licence details, a Telstra utility bill and Bank of Melbourne account details to a real estate agent to enable you to lease the Southbank apartment in which you were arrested.  The apartment was leased in the name of Oliver Kennedy.  (Charge 4)  On or about 21 September 2015, you provided identification information in the name of Oliver Kennedy, being credit card details to Kennards Self Storage, to establish a direct debit payment system for the storage locker.  This direct debit system used a Bank of Melbourne credit card in the name of Oliver Kennedy.

9       At the Port Melbourne storage locker, police found bags containing various drugs of dependence:

(a).5 grams of Ketamine (mixed);

(b).1 grams of cocaine (mixed);

(c).9 grams of ethylone (2 tablets – mixed); and

(d)10 methylphenidate tablets in a blister pack labelled “Ritalin” (less than 5 grams).  (Charge 6)

10      As well, police found four firearms being:

(a)a Winchester lever action Model 94 30-30 rifle with its identification number removed;

(b)a Miroku MK0-10 shotgun;

(c)a Marlin .22 bolt action rifle; and

(d)a Stirling Blitz single barrel shotgun that had been shortened in length and which falls within the definition of hand gun under the Firearms Act 1996. (Charge 7)

11      Police found a total of 35.2 grams of methylamphetamine that was mixed with other substances, being; 17.58 grams in numerous plastic bags with a range of purity between 7 per cent and 86 per cent at your apartment and at the Kennards storage facility, 17.62 grams in various plastic bags in a glass jar of various purities ranging from 7 to 82 per cent.  (Charge 8)

12      At Southbank and Port Melbourne police found cash in the sum of $46,535.  (Charge 9)

13      At your Southbank apartment, police found plastic bags containing a total of 310.1 grams of MDMA in various forms, being tablets, crystals and powders.  The purity of this drug of dependence ranged from 12 to 81 per cent and the total quantity of pure MDMA was less than 100 grams.  A trafficable quantity of MDMA is 3 grams (mixed).  (Charge 10)

14      At your Southbank apartment, police found an aggregate of 191.2 grams of various anabolic steroids.  I will not particularise the drugs, as they are set out at paragraph 30 of the Crown opening.  (Charge 11)

15      In your apartment, police located keys to the brown Range Rover used by you on the 7 October trip to Echuca.  It had been stolen in Ivanhoe on 29 August 2015.  The vehicle was located in the car parking space allocated to your apartment.  Documents found in the Range Rover and latent fingerprints provided evidence of its link to you.  The car displayed false registration number plates and the car had been further disguised by affixing black and white adhesive film to various parts of the motor vehicle.  (Charge 12)

16      Found in your apartment by investigators were various pieces of equipment capable of being used to make identification documentation, being an embossing machine, an electronic identification card copier/reader, laminating pouches, blank plastic cards and a plastic credit card mould.  (Charge 13)

17      At your apartment police found identification information, namely a Victorian driver’s licence, a Bank of Melbourne Visa card and a Citibank Visa card, all in the fictitious name Oliver Kennedy.  (Charge 14)

18      Police found 1,093 alprazolam tablets (Xanax) that contained 2.3 grams of pure alprazolam.  A trafficable quantity of alprazolam is .5 grams pure.  (Charge 15)

19      Police found 13 grams of cocaine in mixed form with purity ranging from 12 to 50 per cent.  A trafficable quantity of cocaine is 3 grams mixed.  (Charge 16)

20      Police found 799 milligrams of LSD mixed.  The total quantity of pure LSD was less than 50 milligrams, which is the threshold for commercial quantity in respect of that drug.  A trafficable quantity of LSD is 150 milligrams mixed.  (Charge 17)

21      Police found an assortment of other drugs, the details of which are set out at paragraph 48 of the Crown opening.  (Charge 18)

22      In respect to the summary offences, police found at your Southbank apartment a laser pointer and a crossbow and arrows.  (Charges 7 and 8)  When police executed the warrant at your apartment, you identified yourself as Oliver Kennedy.  (Charge 10)  In respect of each of the offences on the indictment, they were committed whilst you were on bail.  (Charge 11)

23      In a safe found in the storage locker, police found two live detonator cords and a package of plastic explosives.  The police also located detonators.  (Charge 20)  At Port Melbourne and at Southbank, police located a number of cartridges of various calibres appropriate for each of the firearms found at the Kennards locker.  (Charge 29)

24      At Southbank police found a number of substances which are set out at paragraph 66 of the Crown opening which are each Schedule 4 poisons.  (Charge 73)  In addition, at Port Melbourne police found a Victoria Police identification badge.  (Charge 87)

25      You were arrested and interviewed under caution and exercised your right to make no comment to questions asked of you by investigating police.  Subsequently on 11 January 2016, you made a written statement to police regarding the storage locker and its contents, the Range Rover and other allegations then being investigated.

26      After your arrest you were remanded in custody and remained so until you were bailed on 14 July 2016. 

27      Mr O’Laughlin, you also pleaded guilty to Indictment G13257732 containing 11 charges, being: trafficking in a drug of dependence – Charges 1 to 5 again put on the basis of possession for sale; possession of a drug of dependence – Charges 7, 9 and 10; possessing false documents – Charge 6; possession of a machine, equipment, paper or other material for the making of false documents – Charge 8; and handling stolen goods – Charge 11.

28      As well, you pleaded guilty to a number of related summary offences, being: Charge 9 – possessing cartridge ammunition; Charges 10 and 11 – possessing prohibited weapons; Charge 14 – possessing property suspected of being the proceeds of crime; Charge 22 – possession a prohibited weapon; and Charge 32 – commit indictable offence whilst on bail, being the offences on the indictment.

29      Tendered as Exhibit B on the plea was the summary of prosecution opening.  In summary form, having been released on bail on 14 July 2016, you initially lived with your girlfriend and her parents in Mill Park.  However, by November 2016, you were living in an apartment in Sturt Street, Southbank.  On 28 November 2016, police executed a warrant at the Sturt Street apartment and what they found there and seized forms the subject of each count on this indictment.

30      Investigators located 29.44 grams of methylamphetamine in various locations throughout the apartment in snap lock bags, containing different amounts of that drug, the details of which are set out in paragraph 4 of the prosecution opening.  (Charge 1)  Investigators also located 991 grams of 1,4-butanediol contained in two bottles.  A trafficable quantity of this drug is 50 grams mixed.  (Charge 2)  Investigators also found in a drawer in the bedroom wardrobe five bottles, each containing 50 milligram tablets of Diazepam.  A trafficable quantity of Diazepam is 2 grams pure.  (Charge 3)  Also located as part of the search of your premises was 51.5 grams of 3,4‑methylenedioxy-n-methylamphetamine (MDMA) in various locations throughout the apartment, the details of which are set out in paragraph 11 of the Crown opening.  A trafficable quantity of MDMA is 3 grams mixed.  (Charge 4)

31      In the bedroom and lounge room, police found two snap lock bags containing 7 grams of alprazolam tablets (Xanax).  (Charge 5)  Investigators also found four false Victorian driver’s licences showing your image and bearing other names.  (Charge 6)  In various locations in the bedroom, police located 11 vials containing 110 milligrams of testosterone.  (Charge 7)  Police also located during their search an ID card printer, together with a blank Western Australian driver licence card, a blank Victorian driver licence card and laminates suitable for making drivers’ licences.  (Charge 8)  In the lounge room police found two snap lock bags containing 4.57 grams of cannabis.  (Charge 9)  Police also located in a black case in a bedroom a snap lock bag containing 8 grams of drostanolone, a steroid.  (Charge 10)  In a wallet in your bedroom, police found a driver’s licence in the name of O’Laughlin and other identity cards in that name, together with various stolen cards, being Victorian drivers’ licences, a MasterCard, a proof of age card, a Medicare card, a Visa debit card, an RACV membership card and a student identification card that had been stolen from their true owners.  (Charge 11)

32      During the course of the search, police found in a bedroom wardrobe 41 .22 calibre rim fire cartridges (Charge 9); a black taser and a black laser (Charges 10 and 11); $975 in cash, three Indian passports belonging to members of the Grover family and four watches in their boxes (Charge 14).  In a plastic container in the lounge room, police found a black imitation firearm (Charge 22).  And finally, at the time of committing the offences the subject of this indictment, you were on bail and this fact founds summary Charge 32, commit indictable offence whilst on bail.

33      You were arrested and interviewed under caution and made admissions to possession of some of the items found by the police during their search.  You were remanded in custody and remain so until today.  You have spent 488 days by way of pre‑sentence detention, not including today.

34      At the time of committing the offences the subject of Indictment F13479314, you were on bail and also subject to a Community Corrections Order.  These facts are aggravating circumstances of your offending.

35      Mr Saunders of counsel, who appeared on your behalf at your plea, acknowledged that your offending was serious and that, consistent with authority and the proper application of sentencing principle, the only appropriate disposition in your case was one of imprisonment.  However, Mr Saunders submitted that the total effective sentence should be modest and that there be a lengthy parole period as part of your sentence.

36      You are 28 years of age and had a dysfunctional childhood and upbringing. Your parents separated when you were aged but three years old.  At the time of your parents’ separation, your family was living in Murchison.  Your mother left your father, who was an alcoholic, and you relocated with your mother and your sister to Mooroopna.  Your sister is three years older than you.

37      You attended Mooroopna Primary School and then attended part of Year 7 whilst living with your mother and her parents on Flinders Island.  Your mother moved to Tasmania and you continued your studies through to Year 12 at Launceston.  Save for a period of about twelve months you remained in Tasmania until you were 20 years of age working in the hospitality industry, principally at nightclubs, having obtained your Certificate III in Hospitality.

38      There is a dysfunctional aspect of your childhood in that, when you were aged about 12 or 13 years, you lived for a period of time with your father in Yarram and, during this time, you were assaulted by his de facto partner.  At age 14, you were evicted from your mother’s address, but no particular moment was made of this during your plea and I know nothing of how you lived in the years until you left school in Year 12.

39      It was put on your behalf that your father was an alcoholic who was physically violent towards you. When you were 18 years old you were told by your parents that your father was dying of cancer and that they wanted you to help him on his farm in Gippsland. You worked for your father for little pay for about twelve months. During this time it became clear to you that your father was not ill and that he certainly did not have cancer. You concluded that you had been exploited by both your parents. You have no ongoing relationship with either of your parents, nor your sister.

40      I was told that you commenced work in the hospitality industry picking up glasses.  By the time you left Tasmania, you were the manager of a nightclub and a regular abuser of drugs.  In February 2010, you were convicted and sentenced to eight months’ imprisonment, wholly suspended for three years by the Supreme Court of Tasmania sitting at Launceston.  I was told that the circumstances of this offending were that, having evicted a number of patrons from a nightclub, they lay in wait for you outside. When you left work at the end of your shift in the early hours of the morning you were set upon.  You defended yourself, during the course of which you punched one of your attackers who struck his head on the ground and suffered a head injury of a kind serious enough to have you indicted in the Supreme Court of Tasmania.

41      On arriving in Melbourne, you became heavily involved in the nightclub scene and progressively became involved in selling drugs in that environment.

42      You appeared at Latrobe Valley Magistrates’ Court on 3 November 2011 in respect of trafficking amphetamine, dealing in property suspected of being the proceeds of crime, use amphetamine, unlicensed driving and possess a controlled weapon without excuse, and were sentenced to six months’ imprisonment to be served by way of an Intensive Corrections Order.  Over the next three years, you managed to contravene, or fail to comply with, the Intensive Corrections Order, but you did not commit any further criminal offences.  You lived at Port Welshpool and worked on a dairy farm and later as a fisherman.  For a period of approximately two and a half years, I was told that you had minimal involvement with illicit drugs.  I was told that this was the first period in your life since you were perhaps 16 or 17 years of age that you had been relatively drug free.

43      Tendered as Exhibit 1 on the plea were two reports of Mr Jeffrey Cummins, psychologist, dated 16 September 2016 and 18 May 2017.  The first of these reports appears to have been prepared for your appearance at the Melbourne Magistrates’ Court on 20 September 2016 in respect to a number of drug offences, dealing in property reasonably suspected of being the proceeds of crime and bail offences.  The second report is directed to the instant offending, although it must be read in light of the contents of the first report.

44      In your first consultation with Mr Cummins, you told him that you had been diagnosed with a disc problem in your lower back, and that you had been informed by a general practitioner that you may require spinal fusion surgery in the future.  Mr Saunders, on your behalf, told me that you were managing your back injury whilst in prison by exercising regularly and that you had reduced your weight by 17 kilograms, having initially gone into prison weighing 130 kilograms.  Whilst in prison, you were prescribed painkillers, but you have ceased to use them and rely upon exercise to manage your pain, stiffness and restriction of movement arising out of your back injury.  You work as a billet and in the laundry, and you instructed Mr Saunders that you have been told that, upon sentence, you will be classified to a low security prison.

45      It was a term of your initial bail that you reside with your girlfriend, Ms Simpson, and her parents in Mill Park.  You left that place and returned to Southbank because, according to Mr Cummins, you felt a bit trapped and uncomfortable living with Ms Simpson’s parents in Mill Park. You were not working and relapsed into using Ice and ecstasy to suppress feelings of depression, and you also returned to the use of steroids.  (See paragraph 7 of the report dated 18 May 2017.)

46      Whilst Mr Cummins opines that you have developed a chronic adjustment disorder with mixed anxiety and depressed mood, Mr Saunders did not pray in aid any of the principles of R v Verdins.  However, he relied upon your present psychological state as part of the makeup of the man who falls to be sentenced.

47      Mr Saunders emphasised your early plea and submitted that it had substantial utilitarian benefit, and that it was some evidence of your remorse.  He submitted that your plea should attract a substantial discount.  Further, Mr Saunders relied upon the continuing support of Ms Simpson for you, your relative youth, and the steps taken by you in custody to improve your health and to work and participate within the prison system, which included undertaking a number of courses (see Exhibit 2) to support a submission that you had good prospects for rehabilitation.  Further, it was submitted that your offending was primarily associated with your own drug use, and that whilst you have been in prison, you have become increasingly aware of the problems which your drug abuse has caused you and that you have resolved not to be involved with drugs in the future, and that this enhances your prospects for rehabilitation as well.

48      Your offending is serious.  You are a poly-drug trafficker.  You manufactured and used a false identity to obtain bank accounts and accommodation, and the storage facility in which the firearms that were in your possession were stored.  The offences the subject of the first indictment and the related summary offences were all committed whilst you were on bail.  You spent a lengthy period of time on remand and, once bailed, breached your bail and returned to your life of crime by committing the offences the subject of the second indictment and the related summary offences to it, which are identical in kind to the offences on the first indictment.

49      You are an appropriate vehicle for the application of the sentencing principles of general and specific deterrence.  The application of those principles must play the dominant role in the exercise of my sentencing discretion.  Public denunciation and just punishment must also be reflected in the sentence that I arrive at in your particular circumstances.  I must also look to your rehabilitation.  In that respect, I regard your prospects for rehabilitation as guarded and entirely dependent upon you being abstinent from drugs.  There are positive aspects to your life in prison in that you are actively going about improving your life generally whilst incarcerated and in addition you have the support of Ms Simpson.

50      You pleaded guilty at an early stage and are entitled to the benefits that flow to you from that plea, being that it has utilitarian benefit and that it is some evidence of your remorse.

51      By this sentence, I must punish you, publicly denounce your conduct, and deter you and others from committing these kinds of crimes.  Taking into account the circumstances of the offences and their effects, your personal circumstances and antecedents, endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you and your offending. On Indictment F13479314 I sentence you as follows:

52      On Charges 6, 11 and 18, I sentence you to three months’ imprisonment.

53      On each of Charges 1, 2, 3, 4, 5, 13 and 14, I sentence you to six months’ imprisonment.

54      On Charge 9, I sentence you to 12 months’ imprisonment.

55      On each of Charges 7, 8, 12, 15, 16 and 17, I sentence you to 18 months’ imprisonment.

56      On Charge 10, I sentence you to two years’ imprisonment.

57      I order that one month of each of the sentences imposed on Charges 1, 2, 3, 4, 5, 6, 11, 13, 14 and 18, be served cumulatively upon each other and upon the sentence imposed on Charge 10.

58      I order that three months of the sentences imposed on each of Charges 9 and 12 be served cumulatively upon each other and upon the sentence imposed on Charge 10.

59      I order that four months of each of the sentences imposed on Charges 7, 8, 15, 16 and 17 be served cumulatively upon each other and upon the sentence imposed upon Charge 10. 

60      This results in a total effective sentence of 60 months’ imprisonment, or five years.

61      In respect of the summary offences, I sentence you as follows:

62      On Charge 7 – one month’s imprisonment.

63      On Charge 8 – I convict and fine you $250.

64      On Charge 10 – one month’s imprisonment.

65      On Charge 11 - one month's imprisonment.

66      On Charge 20 – I convict and fine you $2,000.

67      On Charge 29 – I convict and fine you $500.

68      On Charge 73 – I convict and fine you $250.

69      On Charge 87 – one month’s imprisonment.

70      In respect to the fines, that is a total of $3,000 in fines and I grant a stay of 12 months for the payment of those fines.

71      On Indictment G13257732, I sentence you as follows:

72      On each of Charges 7, 9 and 10 – three months’ imprisonment.

73      On each of Charges 6 and 8 – six months’ imprisonment.

74      On each of Charges 1, 2, 3, 4, 5 and 11 – 18 months’ imprisonment.

75      I direct that the sentence imposed on Charge 2 be the base sentence. 

76      I direct that one month of each of the sentences imposed on Charges 6, 7, 8, 9 and 10 be served cumulatively upon each other and upon the sentence imposed on Charge 2. 

77      I order that five months on each of the sentences imposed on Charges 1, 3, 4, 5 and 11 be served cumulatively upon each other and upon the sentence imposed on Charge 2.

78      This results in a total effective sentence of 48 months’ imprisonment, or four years.

79      In respect of the summary offences, I sentence you as follows:

80      On Charge 9 – I convict and fine you $500.

81      On Charge 10 – three months’ imprisonment.

82      On Charge 11 – one month’s imprisonment.

83      On Charge 14 – three months’ imprisonment.

84      On Charge 22 – three months’ imprisonment.

85      On Charge 32 – three months’ imprisonment.

86      I order a stay in respect of the fine of $500 of 12 months.

87      In respect of the sentence imposed on Indictment G13257732, I order that 24 months of that sentence be served cumulatively upon the sentence imposed on Indictment F13479314.

88      This results in a total effective sentence of seven years’ imprisonment and I order that you serve a term of five years’ imprisonment before you will become eligible for parole.

89      I declare that you have spent 488 days by way of pre‑sentence detention. 

90 Pursuant to s6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty, I would have sentenced you to a total effective sentence of 10 years’ imprisonment, with a non-parole period of seven years’ imprisonment.

91      Gentlemen, have you had an opportunity to check those figures?

92      MR MARTIN:  I've got no issues with it.

93      MR SAUNDERS:  No, Your Honour, as best I can.

94      HIS HONOUR:  All right.  Now, there were applications for two lots of - three lots - I beg your pardon.  Two lots of forfeiture orders and a disposal order in respect to the first indictment.  I have signed those and there are three copies of each and likewise, in respect of the second indictment, there was an application for two forfeiture orders and a disposal order and I have signed those orders and there are three copies of each and I hand those down.  Are there other matters that need to be dealt with, gentlemen?

95      MR SAUNDERS:  No Your Honour.

96      MR MARTIN:  No Your Honour.

HIS HONOUR:  Remove the prisoner please.  Eleven-thirty, please.

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