Director of Public Prosecutions v Olarte
[2017] VCC 1654
•10 November 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-17-00657
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTON OLARTE |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 9 August 2017, 23 October 2017 | |
DATE OF SENTENCE: | 10 November 2017 | |
CASE MAY BE CITED AS: | DPP v Olarte | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 1654 | |
REASONS FOR SENTENCE
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Subject:Criminal law – sentencing – attempted rape – cause injury intentionally – immediate custodial sentence imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr R. Gibson (Plea) Ms L. Custovic (Sentence) | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr R. Melasecca | Melasecca, Kelly & Zayler |
HER HONOUR:
1 Anton Olarte, you have pleaded guilty before me to one charge of attempted rape and one charge of causing injury intentionally.
2 The charges are serious and that is reflected in the maximum penalties prescribed by law and they are 20 years' imprisonment for attempted rape and ten years' imprisonment for intentionally cause injury.
Circumstances of offending
3 The prosecution opening was tendered on the plea. No issue was taken with the facts and I will now proceed to sentence you on the basis of the plea opening.
4 You are a 34 year old Filipino male. You were 33 at the time of the offending. You are a permanent resident of Australia. You arrived in Australia in 2008, sponsored by Dido Bohol, a boxing trainer. You were a professional boxer in the flyweight category.
5 In Australia you met and married your wife, Sarah. You have been together since 2010.
6 You are a man who is small in stature, but well-built and physically fit.
7 In 2014 you retired from fighting. At the time of the offending you were unemployed, staying at home, living in an apartment in Lonsdale Street, Melbourne, with your wife, Sarah. She is in full-time employment and was not at home on the day of this offending.
8 The victim of your crime is a 23 year old Japanese female who was travelling in Australia on a tourist visa. She was residing at the same apartment block as both you and your wife.
9 I will turn now to the circumstances of the offending.
10 On the morning of Monday 1 August 2016, you left your apartment and you told police that you were seeking out a female against whom you wanted to sexually offend.
11 You went to the car park areas of the apartment complex and attempted to access a number of floors. You did not have sufficient access to the areas via the doors to Level 2 and 3 car park. At about 10.45 you returned to your apartment.
12 You then left your apartment between the time of 10.54 am and 12.20 pm. You jammed the fire exit door on the 25th floor with a piece of wood and an item of clothing to prevent it closing. You then went in search of a female to sexually assault on both the 25th and 24th floor.
13 At about 12.40 pm, the complainant left her apartment on the 24th floor. She was about to meet some friends for lunch. She was using her mobile phone and was walking towards the central lifts. There were no other persons present.
14 As she waited for the lift, you approached her from behind, putting one arm around her shoulders and one hand over her mouth. You were wearing a black coloured jumper. You then dragged her towards a small enclosed alcove which adjoined the stairwell.
15 The complainant screamed for help as you were dragging her along. She struggled and ended up lying on her back. You then took hold of her left ankle and dragged her towards the alcove. She put her right leg out against the wall in an attempt to stop you taking her into the room. However, you were too strong and over-powered her and dragged her into the alcove and shut the door behind you.
16 All the while the complainant continued to scream for help. You held the complainant around her wrists as she kicked out against you in an attempt to get you to let her go. You then left the room and went out into the lift area.
17 You returned a matter of seconds later to the complainant who was lying on the concrete floor screaming. You punched her multiple times to the stomach and face. She turned her body to the side to try and protect her body from repeated assaults (Charge 2, intentionally cause injury).
18 You were wearing a black coloured jumper, a black coloured beanie and a black coloured piece of material over your face and also wearing red coloured checked shorts.
19 The complainant began to feel weak following the assaults and you grabbed her by her hair and pushed the right side of her head into the concrete floor two or three times. A struggle then ensued and you sexually assaulted the complainant in the manner described in paragraphs 18, 19 and 20 of the opening as follows:
· The accused took down his own shorts whilst kneeling in between the complainant's legs. He took off her pants and underwear and threw them onto the ground next to the complainant. The complainant's shoes and socks had already come off during the struggle.
· Whilst in between the complainant's legs, the accused began making 'puffing' sounds. The accused kissed the outside of the complainant's vagina.
· The accused then lay on top of the complainant with his head next to her face. He was moving back and forth whilst lying on top of the complainant and pushed his penis against her vagina. The complainant states, "I could not feel anything in my vagina, but I could feel he was trying to put his penis inside me but I am not sure if it went in or not." (Charge 1, attempted rape).
20 Witnesses heard the complainant screaming and came to her aid.
21 One witness, Jatin Rayalu, attempted to open the door but felt resistance, as if somebody was trying to prevent him entering. He pushed the door harder and it opened straight away. He observed the complainant lying on her back with both hands covering her face, saying the words, “help me”. She had her top on but her pants were beside her body.
22 Mr Rayalu observed you standing next to the complainant’s legs. You pulled up your pants and bolted outside.
23 Witnesses attended the complainant and phoned “000”.
24 Meanwhile you ran away down the stairs and exited the stairwell at ground level. You disposed of your black coloured top and ran around the building to a lane that leads to the basement level of your apartment building.
25
Various witnesses saw you walking in the lane and nearby the car park. You found a woollen vest in the car park and put that on and disposed of the white top that you had been wearing. You then took the lift from the basement level to the ground level and then eventually returned to your apartment around
12.59 pm.
26 Some minutes later, you entered the lifts on the 24th floor, wearing a basketball singlet, black sandals and black shorts and carrying a towel. You had your small dog with you. You had a short while outside and then you returned to the lift. Police members who were then attending the incident were present in the lift with you. You questioned those policemen as to what was happening. You then went into your apartment and cut your head hair and shaved your pubic hair, in an attempt to disguise yourself and destroy potential evidence. You changed your clothing again.
27 You returned to the lifts at about 1.22 pm, walking past police, took the lift to the ground floor, left the apartment complex and went to St Augustine’s Church in Bourke Street, where you remained until 4.04 pm.
28 You spoke to your wife via mobile phone and told her that you were in trouble and that there were a lot of police at the building. You said that you had punched a girl. When asked, you said, "A girl wanted to have sex with me. I tried to go away and she wouldn't let me go and I punched her". Police eventually located you and you were arrested.
29 The complainant was taken to hospital where she was forensically examined and Dr Kashyap observed injuries to the complainant as follows:
(1)A roundish swollen area of red bruising (three centimetres in diameter) on the right side of her head;
(2)A single round red abrasion (one centimetre in diameter) on the right cheek;
(3)An area of red-blue bruising behind and under the lower edge of the right ear lobe;
(4)Bleeding into the soft tissue around the left eye (a black eye) with red-blue bruising around the left eye, more pronounced under the eye with associated bleeding over the white of the eye;
(5)An irregular shaped partially scabbed abrasion (One centimetre by 1.5 centimetre) near the inner corner of the left eye;
(6)A curvy linear abrasion red (one centimetre) under the left eye;
(7)An area of red-blue bruising on the upper area of the front surface of the pinna of the left ear;
(8)A small linear red abrasion (one centimetre) over a yellowish small bruise on the upper surface of the right foot at the base of the big toe;
(9)Four, closely located red-blue round shaped bruises (approximately one centimetre in diameter) each on the outer surface of the right leg near the knee area;
(10)An area of redness (two centimetres by 2.5 centimetres) on the inner surface of the lower area of the left lower leg near the ankle; and
(11)A linear, red abrasion (one centimetre x 0.5 centimetre) on the top surface of the left foot.
30 Following your arrest, you were formally interviewed. That interview that I will call "the first interview", was one where you gave a false account of what you had done during the day and you repeated to police the false story that it was the complainant who instigated the sexual encounter.
31 You admitted to police you punched her three times to the face when you were struggling to get away from the girl.
32 You told police you were a professional boxer and that you shaved your head so that no one could identify you and that you also shaved your pubic hair because you were scared or worried that the pubic hair of the lady would be caught on your pubic hair.
33 You refused to answer questions in respect to the issue of consent. You told police you could not remember if your face was covered during the time of the offending because you were out of your mind.
34 You were medically examined by forensic medical officer, Dr Parkin, on 2 August 2016 at approximately 12.50 am. He observed three small scratch abrasions to the back of your right hand and a scratch abrasion on the back of your left hand. There was also a small oval shaped abrasion on the base of your outer aspect of the thumb.
35 Various forensic swabs were taken. The outcome of the investigations comparing your DNA to the complainant’s DNA was that her DNA was located on your right hand swabs.
36 On 16 September 2016, a second record of interview was conducted, following your request that police attend upon you.
37 At the second interview, you volunteered to the police that on the Saturday and Sunday morning before the offending, you had taken the drug ice and could not sleep because of the drugs.
38 On early Monday morning, your head was fuzzy, you were not thinking well because of your inability to sleep. You said you were washing dishes at home and your thoughts were that you were going to rape somebody that day. You told police that the first woman you saw waiting for the lift, you could not do it, the second woman stepped back into the lift again and a third woman stepped out of the lift and you grabbed her and dragged her towards the exit area. You said there was a struggle and she was fighting back, so you hit her on the tummy and the face and hit her head hard against the concrete wall. She was starting to get weak and pretty tired. You kissed her on the genitals. You told police you were about to penetrate, but did not have an erection. You said that you could hear somebody knocking on the door, but did it anyway and you ejaculated without your penis inside the complainant's body.
39 You then went on to explain that you ran away and went back to the apartment and changed your clothes. You picked up the dog and saw police later in the elevator and asked them what had happened. You thought at that time of surrendering. You were so scared of what would happen that you went to the church near your house. When you arrived at the church, you rang your wife and explained to her what happened. You told her that you had hurt the woman because she was initiating sexual action with you, but you know now that that is not the truth.
40 You told police you used ice in a tablet form, usually on weekends when you played basketball and went to parties. You said that you were not addicted, but only used it on special occasions. In question 44 and answer, you told police you were not affected by ice at the time of the offence.[1]
[1]Question 44 and answer.
41 You told police you punched the complainant really hard, not as hard as when you were in the ring. You said that you wanted her to become weak, so that is when you could rape her.[2] She lost consciousness, but you were not sure. You just thought she got really weak, especially when you hit her head against the concrete wall.[3] She was screaming and that is why you covered her mouth with your hands. You kissed her and you tried kissing her genitals on the outside area.
[2]Question 85 and answer.
[3]Questions and answers 88 and 89.
42 You told police you went to church to ask or pray for forgiveness. You were really scared and did not want to be caught.
43 When further questioned by police, you claimed that you did not fully penetrate the complainant.
44 You admitted to police that you were in the car park area of the apartment on the morning of the offence and you said, “I was gonna look for someone to rape there. I just kept on waiting there and I was looking for someone, but there was no one. I couldn't find anyone”.[4]
[4]Question 135 and answer.
45 Mr Olarte, your offending is serious and it has had very serious consequences for the victim.
46 The victim impact statement was read by the prosecutor. It confirms that the complainant is now hypervigilant and feels very unsafe. After the incident she became reclusive, because of the obvious bruising to her face. She has nightmares and difficulty sleeping. She felt anger, sadness and frustration at what happened. After the incident, she found it very hard to talk to strangers, especially men. She found it difficult to go on public transport, especially if it was packed and she had to be very close to somebody. Her hardship was compounded by the fact that she was in Australia on a tourist visa and she was away from her family in Japan. Initially, she was very reluctant to tell her parents about the incident. Eventually she did tell her mother, but was unable tell her father, because she is his only daughter, whom he cares a lot about and she did not want to upset him.
47 In addition, she suffered the physical effects of your offending. She could not open her eyes for a few days. She had bad bruising around the eye area and bruising and swelling to the face. She has a scar under one eye, which reminds her every day of these horrific events. She experienced headaches and nausea and was very concerned about her head injury.
48 Following the assault, she was required to have ongoing blood tests that would have caused her anguish and she was left out of pocket for all her medical expenses. She was unable to work for two and a half weeks. All in all, your criminal acts were very disruptive to her time here in Australia and she has now returned home to Japan.
49 Mr Olarte, I consider these are serious examples of both of these crimes, each of which is serious. The unprovoked attack on an unsuspecting, isolated female from behind, overpowering your victim and using your superior physical strength to both physically assault her and attempt to have unprotected penile/vaginal sex with her against her protests must be condemned.
50 There is a real need for the court to say that what you did was extremely wrong and the sentence to be imposed emphasises both general and specific deterrence and the need for community protection. Your offending is deserving of stern punishment.
51 Initially, Mr Melasecca on your behalf, submitted that some principles of law, known as the Verdins[5] principles were engaged, so as to reduce your moral culpability and moderate the need for general and specific deterrence. He relied upon the evidence from Mr Michael Crewdson, clinical psychologist, who gave evidence and also adopted his report of 8 August 2017.
[5]R v Verdins [2007] VSCA 102.
52 You were also examined, at the court's request, by Dr Carolyn Simms, consultant psychiatrist, and her report dated 18 October 2017 has been tendered.
53 Following receipt of her report, Mr Melasecca did not press Verdins, but he did seek to rely upon a comment made by Mr Crewdson, where he says,
"Compared to the reasonable person, you would be disadvantaged in being able to make considered decisions and judgments, particularly if you were coping with a combination of biological urges and psychological compensation."
54 Mr Crewdson says, in his report, you do not suffer any major psychological illness, such as psychosis or bipolar disorder, although he suggested further testing was required before a definitive diagnosis could be made.
55 He confirmed you suffer anxiety of a generalised nature and you are an extremely dependent person. He noted there were three attempts at deliberate self-harm whilst you have been in prison, two involving electrocution and one involving contemplated hanging. He considers you function very concretely and at a basic level. With your wife’s support, you cope relatively well, albeit in a dependent and childlike manner.
56 Dr Carolyn Simms, conferred with you and she confirmed that you do not have any forensic or psychiatric history. When she saw you your mood was good, you were not depressed or suicidal, you were working full-time in the kitchen and exercising regularly. She noted that you did struggle initially in prison and she also noted your attempts at self-harm, but considered that you had adjusted.
57
Dr Simms' opinion was that prior to the offending, there was no evidence of
a serious mental illness and the use of methamphetamine is likely to have had a disinhibiting effect on your behaviour, affecting your judgment. This rendered you vulnerable to act on your thoughts to engage in a sexual assault. Despite this, in her opinion, given your actions following the assault, you were aware of the wrongfulness of your conduct.
58 She diagnosed you with suffering from substance misuse disorder, in remission.
59 Given the circumstances of the offending, taken together with your conduct following the sexual and physical assault that I have detailed already in these remarks, I have come to the consideration that you were fully aware of what you were doing was wrong and that your moral culpability is high and the Verdins principles have not been enlivened.
60
I have taken into account the expressed opinions of both Mr Crewdson and
Dr Simms and I accept there is a link between your methamphetamine use and the offending behaviour. That explains this offending, but in no way excuses this offending.
61 I accept Dr Simms' expressed opinion, however, that as a consequence of receiving a custodial sentence, that there is a possibility that your mood may deteriorate, with a re-emergence of your suicidal ideation. If that were to occur, you would require psychological and psychiatric treatment and I have taken that into account.
62 Dr Simms recommends individual psychological treatment to address your sexual offending, substance use and difficulties managing your emotions.
63 Dr Simms has not prepared a formal risk assessment, however she highlights the risk of recidivism, that is, repeat offending, having regard to these factors: the physical coercion involved in the offending; a history of substance misuse; problems in intimate relationships; difficulties coping with stress and managing emotional distress; any relapse into drug use would bring an increased risk of re-offending, as would any deterioration in your marital or close relationships.
Personal background
64 I note that you were born in a small mountain area of the Island of Mindanao, called Sarangati Palut, in the Philippines.
65 You experienced an impoverished childhood. Your father left soon after your birth and you have never had a relationship with him. Your mother is alive and living in Davao City.
66 You are one of two brothers and two sisters who are alive and your older brother is deceased. It is apparent that you do not have a very close relationship with your family members. Your mother had issues with gambling and as a child, you grew up mostly without supervision.
67 You have had little formal education and have basic literacy. You did not progress beyond Grade 3. Your ability to express yourself in English is very limited. Whilst being in prison, you have learnt to write your name and your English has improved.
68 As a child you had a speech impediment and behaved like a mute until aged ten.
69 You have been a professional boxer most of your life. As I stated earlier, you came to Australia to be part of Dido Bohol’s boxing stable. You retired from that area in 2014. It is noted that Mr Bohol was investigated in respect to claims of human trafficking and exploitation.
70 Your wife, Sarah, met you whilst you were living at the Bohol’s property. Through your relationship, you were able to leave that property in New South Wales and established yourself initially in Sydney and then in Melbourne.
71 Your wife is very devoted and fully supportive of you. In her evidence, she stated that you have always been respectful towards her in your marriage and never violent. She was shocked to hear about this offending and disbelieving. She is appalled by your behaviour and notwithstanding all of that, she continues to be fully supportive of you and regularly visits you in gaol.
72 Insofar as your history of taking drugs is concerned, that commenced when your trainer, Mr Bohol, provided you with methamphetamines to assist with weight loss. Since your retirement 2014, you have used the drug recreationally.
73 I will now turn to the matters that were highlighted by Mr Melasecca in mitigation.
74 Mr Melasecca relied upon your plea of guilty. It is accepted that the plea was entered at the earliest opportunity at committal mention. There is real utility in your plea. You have spared the complainant the additional trauma of having to come to court to give evidence and spared the State the cost and inconvenience of a trial. You have facilitated justice and your sentence will be discounted accordingly.
75 I accept that the plea is indicative of genuine remorse. This is further evidenced by your admissions in the second record of interview, the many expressions of remorse that you have made to your wife, friends, Mr Crewdson and Dr Simms. I am satisfied that you now acknowledge that what you did was very wrong and that you are sorry for what you did and you seek forgiveness from the complainant and her family. You accept that your actions would have been damaging to the victim. I am therefore satisfied that you do have real insight into your offending behaviour.
76 Mr Melasecca relied on hardship principles. However, I do not consider that the application of the principles expressed in the case of Markovic v R and Pantelic v R[6] are enlivened in this case.
[6]Markovic v R; Pantelic v R [2010] VSCA 105.
77 Your wife, Sarah, is very attached to you and has suffered and will suffer greatly as a consequence of you being in gaol. However, I do not consider that that is over and above what you would ordinarily expect for people in this circumstance.
78 I have taken into account the fact that at the time of this offending, you had no prior criminal history and that you were considered to be a person of good character.
79 I heard evidence to that effect from Brian Amatruda, a property developer and boxing promoter. He has known you since 2009 and he considers you to be a pleasant person who has childlike qualities. He was absolutely shocked by your involvement in this offending and considers that it was out of character.
80 Another friend, Lewis Datoy, a qualified IT governance specialist, gave evidence that he has known you for three years and he too considers that you are a genuine, fun-loving person and he considers you to be a simple person, but one who has always conducted himself appropriately within his family setting.
81 I accept that you have been using your time in custody appropriately. You have successfully completed certificates in Cleaning Operations and Kitchen Operations.
82
I have had regard to the updated information that was provided to me by
Mr Melasecca on the last occasion about what happened, following the media attention, following the plea hearing, about how your conditions in custody were more onerous, being held in a Management Unit, 23 hours a day in the cell for approximately three weeks.
83 In addition, you lost your employment within the prison and you were subjected to the more onerous conditions in the Management Unit. You were then removed to Marngoneet Correctional Centre on 5 September and you are currently housed in a self-contained cottage with seven other prisoners, with less onerous conditions.
84 You are now working in the agricultural work unit, harvesting vegetables and working in the garden.
85 You are also undertaking a peer training program, training other prisoners in boxing and fitness.
86 There have been random drug tests conducted at Marngoneet and you have tested negative on each occasion.
87 You have been assessed for further educational programs.
88 You indicate a strong willingness to undertake drug and sex offence counselling whilst you are in prison and participate in whatever programs are offered to you.
89 You continue to be visited by your wife every weekend and currently your situation in prison is settled. You are well regarded and there have been no issues.
90 Overall, having regard to your expressed willingness to undertake appropriate programs, your understanding between the link between using drugs and your behaviour and strong support from your wife, I consider your prospects for rehabilitation are reasonable, but those prospects are dependent upon you completing appropriate treatment programs to address your offending behaviour, in particular a Sex Offender's Treatment Program.
91 Without a sex offender risk assessment, I cannot reach an informed judgement concerning your risk of re-offending. It is clear that you remain at risk should you use methamphetamines or your relationship with your wife breaks down.
92 In formulating just punishment, I have had regard to everything that has been put to me by Mr Melasecca and I have also had regard to the serious nature of the offending. Your actions on this occasion were planned. You set out that day to rape somebody. Your actions terrified a vulnerable, isolated female victim. You overpowered her and took her to an isolated alcove and you ignored her repeated protests and rejection of your advances. You abused your power and physical dominance over this vulnerable woman to physically and sexually assault her. You attempted penile/vaginal sex without any protection, which is an aggravating feature. The victim was very fortunate that others who were nearby and heard her screams, intervened to save her from even greater humiliation.
93
The sentence to be imposed is stern punishment. The purpose is to deter you and others from like-offending in the future. Courts must condemn such offending and a clear message needs to be sent to others in the community that this sort of offending is not tolerated and will result in stern punishment and
I must also pay regard to the need to protect the community from you.
94 I just ask that Mr Olarte now stands and I will announce the formal sentence.
95 Charge 1, the attempted rape, you will be convicted and sentenced to six years' imprisonment.
96 Charge 2, intentionally cause injury, convicted and sentenced to four years' imprisonment.
97 I direct that two years of the sentence imposed on Charge 2 be cumulative upon Charge 1, making a total effective sentence of eight years' imprisonment.
98 I fix a period of six years during which you will not be eligible for release on parole.
99 I make a declaration of pre-sentence detention of 466 days and direct that be entered into the record of the court.
100 I make a s.6AAA declaration. But for your plea of guilty, I would have sentenced you to ten years' imprisonment, to serve eight years' imprisonment.
101 I make the order, pursuant to s.464ZF(b) for retention of the forensic sample.
102 An application has been made for an order that you be registered, pursuant to the Sex Offenders Registration Act 2004, the power to make a registration order in this case is discretionary and I have applied the tests set out in the case of Bowden v R.[7] The enquiry whether to make a registration order is a two stage process.
[7]Bowden v The Queen [2013] VSCA 382.
103 I am satisfied, as a sentencing court, that the conditions for the making of such an order are present, namely that you have pleaded guilty to qualifying offences and I am also satisfied beyond reasonable doubt that you pose a risk – a real risk – to the sexual safety of one or more persons or of the community. I have had regard to the factors relevant in this case, that is, the use of disguise, attacking a stranger, attempted rape with associated physical violence and then the post-offence conduct, in making a finding that the conditions for the making such an order are met.
104 Therefore, I make the final order that you must comply with the reporting obligations of the Sex Offenders Registration Act for a period of eight years.
105 Mr Melasecca, my associate has prepared the relevant notification about the reporting requirements. That can be produced now and provided to you. You either can consult with your client and adopt it on his behalf, or ask him to sign. Just to acknowledge receipt.
106 MR MELASECCA: I will speak to him and adopt it on his behalf, I think, Your Honour.
107 HER HONOUR: Yes, certainly, you can do that. I think that covers everything.
108 MS CUSTOVIC: Yes, Your Honour.
109 MR MELASECCA: Might I approach my client to do that?
110 HER HONOUR: Yes, certainly. Have we got a retention order?
111 MS CUSTOVIC: Your Honour doesn't actually need to make the order, because it's automatically retained.
112 HER HONOUR: Automatic, yes, all right. I note that that retention order is automatic.
113 MS CUSTOVIC: Thank you, Your Honour.
114 HER HONOUR: Mr Melasecca, I just want you to get acknowledgment of the reporting obligations, the notification. Could you have that signed and if you want to have a discussion, what I can do is leave the Bench after that has been done, once all the formalities are completed.
115 MR MELASECCA: I don't know that I need Your Honour to leave the Bench, but if Your Honour would prefer that a more detailed explanation be given, I'm happy for that, Your Honour. We were nearly there.
116 HER HONOUR: All right.
117 MR MELASECCA: Yes, it's just that the interpreting is a - - -
118 HER HONOUR: I understand. It has taken a long time just to do the sentencing remarks.
119 MR MELASECCA: Yes. All right.
120 HER HONOUR: I completely understand. All right. Do you want to take a couple more minutes?
121 MR MELASECCA: Yes, it won't take - - -
122 HER HONOUR: Yes, all right. Mr Melasecca, is that completed?
123 MR MELASECCA: Yes, that's fine, Your Honour, thank you.
124 HER HONOUR: All right. We will adjourn.
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