Director of Public Prosecutions v Padilla (a pseudonym)

[2016] VCC 1341

IN THE COUNTY COURT OF VICTORIA  Revised
(Not) Restricted
 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

ADAM PADILLA (a pseudonym)

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	12 September 2016
CASE MAY BE CITED AS:	DPP v Padilla (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2016] VCC 1341

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M.C. Fisher
For the Offender	Mr B.J. Newton

HER HONOUR:  You can remain seated, sir, until I tell you to stand, all right? 

OFFENDER:  Yeah.

1HER HONOUR:  Adam Padilla[1], you have pleaded guilty before me to one charge of aggravated burglary, two charges of indecent exposure and one charge of attempted intentional sexual touching, in other words, attempted sexual assault.

[1] Adam Padilla is a pseudonym.

2The facts underlying your offending are as follows: 

3This offending occurred on the evening of 17 August 2015 and 18 August 2015.  At that time you were living in student housing in Noble Park.  Your apartment was on the same floor as the first victim in this offending.  Her name was Nu Lee[2] and at the time she was 29.  You were aged 23.

[2] Nu Lee is a pseudonym.

4On this evening you walked out of your apartment into the hallway area and there removed your jeans and underwear, leaving them on the floor.  You walked a short distance to Ms Lee's apartment, entering through her unlocked front door.  She was in her kitchenette preparing dinner.  Inside you approached her from behind and grabbed her.  She struggled, screaming for help, and alerted her neighbours.  She managed to punish you away and run from her apartment, you chasing her into the hallway.

5Two girls, who were neighbours, came into the hallway and saw your penis.

6Your actions in entering Ms Lee's apartment underlie Charge 1 on the indictment, aggravated burglary, and the fact that the two girls who came to Ms Lee's help saw your penis underlies Charge 2, common law indecent exposure.

7You caught up with Ms Lee and forced her against a wall, holding her there, she tried to escape but was unable to do so, and you held her against the wall with the intention of touching her in a sexual manner.

8One of Ms Lee's neighbours yelled at you to "get away from her" and you let Ms Lee go, retrieved your pants and returned to your apartment.

9Ms Lee, who was, understandably, upset, shaken and crying, returned to her room and called her boyfriend to describe what had happened. 

10The female neighbour called the police, as did Ms Lee, and police attended a short time later, you remaining in your room until they arrived.

11Your assault and your actions towards Ms Lee were captured on surveillance footage in the hallway.

12You were arrested and taken to the police station in Springvale where you participated in a formal record of interview, admitting that you had been in the apartment block that afternoon but saying did you not want to talk about the incident and refused to respond to allegations.

13You were served with a personal protection notice in relation to Ms Lee for an intervention order and released often bail with numerous conditions, including that you not attend at the student apartment block where your offending occurred and that night you stayed with your parents.

14Despite these conditions, on 18 August, that is the next day, you returned to the apartment, staying there overnight.  At about 5 pm on the evening of 19 August you left your room, went into the hallway where you pulled your pants down, exposing your penis and holding it in your hand.

15At this time another female resident was returning to her room when she saw you in the hallway touching your exposed penis.  These actions underlie Charge 4, common law indecent exposure.

16You were also charged with the summary charge of committing an indictable offence whilst on bail, contravening a condition of bail, which summary matters were uplifted and dealt with in these proceedings.

17That victim was frightened by what she saw, ran down the stairs and got help from neighbours on the ground floor while you returned to your room.

18This incident was also captured on surveillance footage in the hallway.

19Police were called, arrived and arrested you and again took you to Springvale Police Station where again you participated in a record of interview where you admitted your breaching your bail by returning to the address.  You also admitted to exposing your penis in the corridor, stating you had no reason for doing this.  You told police that you had "screwed up" and agreed that your actions were not normal.  You said that you were turned on by exposing your penis and having a female seeing you do this.

20I now turn to your personal circumstances.

21You are 24 years of age.  Since your arrest on 19 August 2015 you have remained in custody.  You have no prior convictions.  You are the only son of your parents.  You have an older sister who was killed in a motor car accident in 2001.  You were close to her and this apparently had a traumatic effect upon you.

22You were born in India, coming to Australia when you were aged 12 with your parents.  Your mother is a teacher and your father works in patient services.

23You grew up in a strict Christian environment, attending the Lighthouse Christian School in Keysborough from Years 7 to 12. 

24When you first came to Australia, you and your mother and father lived with a maternal aunt and your cousins and at school your aunt was a teacher and your cousins attended there.

25You successfully completed VCE and in 2013 completed a Commerce Degree at Melbourne University.

26In 2015 you moved out of home.  You were unable to find work and you then returned to study, undertaking an Arts Degree at Monash University, supporting yourself with part‑time factory work on the side.  You were living in university student accommodation, as I said, at the time of this offending.

27The offending is extremely concerning.  It is concerning because you are a young man who comes from a good family, had a good education and have no prior convictions and yet it appears there is a constellation of difficulties in your life which have led to this offending which in my view need urgent attention.

28I was greatly assisted by the report of Dr Lauren Ducat, a clinical and forensic psychologist who works with Forensicare and who interviewed you whilst in gaol.  It would seem that gaol has been a difficult and chastening experience for you.  To your credit, you have worked through most of the time that you have been in custody.

29It would seem that the basis of the difficulties that have led to your offending have been that you lack social skills, social communication and have few friends.  You socialise mainly with your cousins.  You have sought to seek independence from your family who, as I understand it, is a fairly traditional Indian family where the expectation is that children will remain at home. You moved yourself out of home but been unable to find friends and, most importantly, have never been in a situation of having an intimate relationship with a girlfriend of any kind. 

30It was, and I quote from Dr Ducat's report here, her view that "To manage his absence of intimate and other close relationships Mr Padilla appears to have turned to alcohol use, pornography and deviant fantasy to cope."   That fantasy, and this is to your credit, was described fairly frankly by you.  The fantasy was that you would be naked in a public place, which was monitored by CCTV, you would approach an attractive female who would be turned on by you thereby giving implied consent to engaging in sexual activity with you.  And I am sorry to say this in open court but I do need to explain it.  Additional to this was that, in accordance with your fantasy, this CCTV footage would be viewed or monitored by an attractive guard who would also be aroused by what she saw and attend upon you and also engage in sexual activity with you.

31It would appear that once you moved out of home on the first occasion your only sexual experience comprised a number of visits to brothels, which you discontinued, describing the experience to Dr Ducat as "gross and obligatory", that is, impersonal.  You have also engaged in a great deal of pornography watching on the internet.  It is evident that on both occasions of your offending, that is, on 17 August and on 19 August both incidents were preceded by you watching pornography.

32You present as a person with myriad difficulties.  Certainly it was the view of Dr Ducat, having administered a number of tests, that you are a high risk of further exhibitionistic offending, that is offending involving you exposing yourself in public and a moderate risk of contact offending.  You frankly told Dr Ducat that when you entered Ms Lee's apartment that you intended to have sexual intercourse with her or sexual contact with her.  You seemed to have the idea that she in some way impliedly consented to this activity because her door was unlocked and also because you seemed to have in your head a scenario whereby when she saw you, she would be aroused by you, again giving implied consent.

33It must be very obvious and very clear to you, now, Mr Padilla, that the result of this sort of offending is gaol and you have remained in gaol for well over a year.

34It is extremely important that you understand that you may not have sexual contact with a woman unless she freely, openly and expressly consents to it.  You have to understand that somehow you got yourself into, and it is not hard, it is the experience of this court, for young men who live in the sort of weird dream world of internet pornography, to determine that in your mind something is going to play out where express consent is not given, that certain actions by a woman will mean that you can therefore assume that person is consenting.  These are all very, very dangerous ways of thinking in a society such as ours where sexual offending such as this will be dealt with very strictly and very harshly. 

35It is of particular concern that despite having been arrested by police, which anyone would have thought would be a chastening and frightening experience, and then sending you home, you returned the next night in order to repeat the same experience that you found so sexually exciting.

36My concern is that if I deal with you simply by gaoling you for a period of time the community may well be presented with a hardened offender, a hardened sexual offender in that the longer you spend time in gaol, the more isolated you are going to be when you come out and given your age I am very concerned about the sort of influences that you would encounter in gaol. 

37You do come from a strong and supportive family.  Your parents both wrote supportive letters to this court.  They understand, I hope, because we have come back to court on a number of occasions, the great seriousness of your offending and the urgent and immediate need for work to begin to ensure that the sort of thinking you have been engaging in is corrected.  This is going to involve a sort of multi‑plane approach, if you like.  It does seem to me, and it does seem to be the opinion of both Ms Carla Lechner, whose report was also tendered on the plea and Dr Ducat, that underneath all this has been your lack of social skills, your inability to form and maintain a friendship group with both men and women and from there to progress to the normal sort of male/female relationship that it seems to me you may well hope for.

38Dr Ducat very helpfully stated, "Whether the court sees fit to impose a community sentence or incarceration, Mr Padilla will require specialist offence specific treatment.  Targets for treatment will include managing deviant sexual fantasy and urges, increasing Mr Padilla's self-awareness and insight into offending, challenging attitudes and cognitive distortions that support his offending, development of social and communication skills, including assertion, and increasing his capacity to cope".  "Capacity to cope" means capacity to cope with the social isolation that you found yourself in.

39Both Ms Lechner and Dr Ducat express concern at what they said your lack of insight, that you still do not have very good victim empathy, that you do not understand how serious your offending was, that you do not understand that the victims in your case had absolutely nothing to do with your offending.  They did not consent in any way.  They did not want what happened to happen in any way.  You really need to understand that, Mr Padilla.  No matter what this fantasy was in your mind that was obviously playing your head like some sort of pornographic film of its own, neither of these victims wanted what happened.  It was obvious and it should have been obvious to you.  They both reacted in a way that should have made it perfectly clear that they were not consenting to what you were doing and they both rang police.  Women who enjoy sexual contact with a man do not immediately ring police to have them taken away.  Do you understand that? 

40OFFENDER:  Yes, Your Honour.

41HER HONOUR:  As I have said, my concern is you have spent a considerable time in gaol and for you to participate in a sexual offenders treatment program in gaol I would have to sentence you to a term of imprisonment that I do not think is, and I use this word advisedly, healthy for a young man of your age.  I intend to sentence you by way of a combination of gaol and community corrections order.  That period of gaol will only slightly exceed the period of time that you have so far spent in prison.

42I am going to release you on a community corrections order because I am concerned that the sex offenders treatment program in gaol in any event is not sufficient for your needs.

43As I have said or as Dr Ducat has said, you require a multi‑disciplinary approach.  I do not understand the sex offenders treatment program in the prison system to attends to the sort of social and communication problems that you have and that you need to work on.  You can have a perfectly happy social life and a perfectly happy and normal sex life, Mr Padilla, but in order to achieve that you have to change your thinking entirely about what is appropriate behaviour towards women.

44Had you gone any further with either of those young women, especially Ms Lee who was most offended against by you, I would not be considering a community corrections order, you would be looking at a long stretch in gaol, do you understand? 

45OFFENDER:  Yes, Your Honour.

46HER HONOUR:  Sexual interplay, sexual contact, sexual activity with women who are not consenting are regarded by this society and these courts as some of the most serious offending that it has to deal with.  Inevitably, people who offend in that way go to gaol.  If you ever do anything like this again, and what you have done will be on your prior convictions, if you ever do anything like this again, sir, you will be gaoled and for a long period of time.  I am saying this for your own protection as much as anything else.  You are an intelligent young man.  You have got a good family, no matter how restrictive you might think they are.  You do need psychological help.  You have to understand you need this.  Unless you take advantage of the psychological structure that I am going to set up for you pursuant to the community corrections order, your life is going to be difficult.  You cannot spend the rest of your life sitting in a room watching internet porn and fantasising about what you are going to do when you get outside, because that's what your life pretty much was, am I right? 

47OFFENDER:  Yes, Your Honour.

48HER HONOUR:  Yes.  It's a very narrow life.  You can have a much better life than that and the life you were leading, as I said, has basically led you to a place I am sure you never expected you would be at when you were going to the Christian Lighthouse School in Keysborough.

49I note that you have pleaded guilty, which is to your credit.  I note that to a large degree you were cooperative with police.  These are matters that I take into account.

50You are 24 years of age.  That still means you are a fairly young offender.  As I have said, my concern is that at this very early stage the psychology behind your offending can be best addressed and treated by a program in the community rather than gaol.  Your reformation, your rehabilitation is the best way, in my view, that the courts can best protect the community and I am comforted in that regard by the fact that you have spent well over a year in custody in circumstances that I am sure were not particularly easy for a young man such as yourself.

51I have had you assessed and you have been found suitable for placement on a community corrections order.

52It is noted that you need to be placed on a sex offender advice and treatment service so that any community corrections order must be at least 18 months and I am going to make in fact the order longer than that.

53It is noted, and I think this is worth noting, Mr Fisher, it is further noted that the risk level outlined above relates to general offending risk and that assessment by a sex offender program will determine a risk of sexual reoffending.  So I do not take into account the general offending assessment by the Office of Corrections because it needs to be far more specifically targeted than that.

54It is noted that an additional mental health treatment condition is not specifically recommended because of the offence specific treatment that is hopefully going to take place, via the sex offenders program.

55I will ensure that my sentencing remarks are forwarded on to Corrections, along with the reports.  In my view, Mr Padilla requires an individual offence specific treatment program, encompassing all aspects underlying the offending as outlined by Dr Ducat.  That is, and I will repeat them: sexual deviance, loneliness through both absence of intimate and close non‑intimate relationships, poor capacity to cope with increasing stress of social isolation, attitudes that support or condone sexual violence.

56I note Dr Ducat stated, "His idea of his offence cycle was largely linked with distorted thinking and odd rationalisations that involved external factors rather than actually focusing on the personal factors that were driving his behaviour.  This promoted a mechanism of moral disengagement by which he overcame all misgivings about the legality and morality of his behaviour". 

57Again, targets for treatment should include, as Dr Ducat stated, managing deviant sexual fantasy and urges, increasing Mr Padilla’s self-awareness and insight into offending, challenging attitudes and cognitive distortions that support his offending, development of social and communication skills, including assertion, and increasing his capacity to cope".

58I know I have repeated those comments twice.  I am doing that because I want them to be specially noted and taken up by Corrections and by the sex offenders program team who will be overseeing the operation of the community corrections order.

59I therefore sentence you as follows.  Could you stand up, please, sir.

60On Charge 1, you are sentenced to ten months' imprisonment. 

61On Charge 2, you are sentenced to two months' imprisonment.

62On Charge 3, you are sentenced to 12 months' imprisonment.

63On Charge 4, you are sentenced to three months' imprisonment.

64On the charge of offending whilst on bail, you are sentenced to one month's imprisonment.

65The base charge will be Charge 3, 12 months, and I order that three months of the sentence imposed on Charge 1 be served cumulatively to the sentence imposed on Charge 3 and all other sentences.

66That gives a total effective sentence of 15 months and I order that you then be released on a community corrections order for a period of three and a half years.

67I can only place you on such an order with your consent.  I need to tell you what the base conditions of that order are.  They are that once you are released you must report to the Office of Corrections within two working days of being placed on that order.  Whilst you are on the order you must not commit any offence punishable by imprisonment.  If you commit an offence, you will be brought back in front of me, Mr Padilla, and I will resentence you on these and I will give you gaol, more gaol, do you understand? 

68OFFENDER:  Yes, Your Honour.

69HER HONOUR:  Whilst you are on the order you may not leave Victoria without the permission of the Community Corrections officer.  You must report to and receive visits from the Community Corrections Office.  You must advise the Community Corrections Office of any change of address or employment within 48 hours of that change.  You must obey all lawful directions of the Office of Corrections whilst on the order and you must not report to the Office of Corrections whilst under the influence of either drugs or alcohol.  There is going to be a special condition.  You are to undertake 150 hours of unpaid community work.  You are to attend a sex offenders program and you are to be supervised.

70You are also going to be placed on judicial monitoring.  That means you are going to come back and I am going to see how you are going and I will get a report from the Office of Corrections each time.  The first one will be two months from now.  I will be on circuit as of 17 October so it will have to be late November.  He won't be out.

71MR NEWTON:  No, Your Honour.

72HER HONOUR:  How much more time has he got? 

73MR NEWTON:  Well, I expect 19 November would be the release date, approximately.

74HER HONOUR:  Very well.

75MR NEWTON:  But if Your Honour's done 12, 12 plus three is 15 and he's done, there was 19 August‑ ‑ ‑

76HER HONOUR: That makes sense.  So it's 19 November, so we'll make it January of next year.  I will see you back here at 9.30 on 19 January, so you have still got a couple of months to go, Mr Padilla, okay? 

77OFFENDER:  Yes, Your Honour.

78HER HONOUR:  Then you will be released.

79Mr Padilla, Senior, do you understand what's happened, sir? 

80MR PADILLA SENIOR (from body of court):  (Indistinct).

81HER HONOUR:  You will explain, Mr Newton. 

82MR NEWTON:  Yes. 

83HER HONOUR:  Sorry? 

84ASSOCIATE:  We're still closed.

85HER HONOUR:  What date do we come back? 

86ASSOCIATE:  We don't come back until the 23rd, I don't think.

87HER HONOUR:  We need to know actually.

88ASSOCIATE:  The 23rd, Monday.

89HER HONOUR:  The 23rd which is a Monday.  We will make it the Thursday of that week so that should be the 26th ‑ no, that will be Australia Day.

90MR NEWTON:  Your Honour, that's invasion day, Australia Day, whatever day it's called.

91HER HONOUR:  Invasion day.

92MR NEWTON:  Yes. 

93HER HONOUR:  We will make it the Wednesday the 25th at 9.30.  So, all right, Mr Padilla, you will be released on 19 November and I will see you on 25 January.  Now, have you understood everything that I have said to you? 

94OFFENDER:  Yeah.

95HER HONOUR:  You understand the very serious position you are in? 

96OFFENDER:  Yeah.

97HER HONOUR:  Okay.  All right.  Yes, Mr Fisher.

98MR FISHER:  I think I might have missed one charge.  There were two summary offences, I'm not sure if ‑ it won't make any difference but it's Charges 6 and 7 were the two summary matters.

99HER HONOUR:  What was the other summary one? 

100MR FISHER:  They were both related to bail.  One was‑ ‑ ‑

101HER HONOUR:  How could they both be? 

102MR NEWTON:  One was it an intervention order maybe? 

103MR FISHER:  No, no.  One‑ ‑ ‑

104HER HONOUR:  No, because that was a different victim.

105MR FISHER:  I think these were handed to Your Honour's associate.  One's contravene condition of bail and one was commit an indictable offence whilst on bail, so they fall under two different sections.

106HER HONOUR:  Surely they're‑ ‑ ‑

107MR FISHER:  Yes, I know what Your Honour's going to say, duplicitous or something.

108HER HONOUR:  I was, thanks, Mr Fisher.

109MR FISHER:  What's that? 

110HER HONOUR:  I was.  Very psychic of you.

111MR FISHER:  I think he entered pleas to both of them at the beginning so Your Honour has to, I think will have to make some sort of an order, even if‑ ‑ ‑

112HER HONOUR:  All right. 

113MR FISHER:  Can I, just while I'm on my feet, indicate that if Your Honour is minded‑ ‑ ‑

114HER HONOUR:  Right.  A month for that too, concurrent.

115MR FISHER:  Yes, thank you.  464, section‑ ‑ ‑

116HER HONOUR:  I am not granting a s.464 over this.

117MR FISHER:  Sorry? 

118HER HONOUR:  No.

119MR FISHER:  Not? 

120HER HONOUR:  First offence.  I mean, it's not as if his DNA ‑ then again‑ ‑ ‑

121MR FISHER:  Well, the only concern from the Crown's provide is not only the nature of the offending but the circumstances in which the second offence does occur.

122HER HONOUR:  You're right.  I'm reluctant ‑ have you got anything‑ ‑ ‑

123MR FISHER:  And so‑ ‑ ‑

124HER HONOUR: ‑ ‑ ‑ you want to say, Mr Newton? 

125MR NEWTON:  Yes.  Your Honour's first thought on this is your best thought and I tell you why.

126HER HONOUR:  Thanks, Mr Newton.

127MR NEWTON:  Yes, that's right.  Don't second guess yourself, Your Honour, because what you've got here is you've got three and a half years of a community corrections order which is a long order, on top of the very salutary lesson of being in custody‑ ‑ ‑

128HER HONOUR:  I'm worried about the adverse‑ ‑ ‑

129MR NEWTON: ‑ ‑ ‑ for a year.

130HER HONOUR:  Yes.

131MR NEWTON:  And this guy's engaged.  Much of what's in those reports is by his incredible cooperation in assisting.  He's open.  There's no need for this, there's no need for it.  It's first offender.  He's‑ ‑ ‑

132HER HONOUR: All right.  He's‑ ‑ ‑

133MR NEWTON:  He's got a consensual fantasy scenario on all reports, so I urge you ‑ ‑ ‑

134HER HONOUR:  Very powerful oratory, Mr Newton ‑ ‑ ‑

135MR NEWTON: ‑ ‑ ‑ I urge Your Honour not to.

136HER HONOUR: ‑ ‑ ‑ you've persuaded me.  Anything you want to say back, Mr Fisher? 

137MR FISHER:  No, no.  Your Honour's made your thoughts known, I'm not going to argue that any further.

138HER HONOUR:  You can if you want.

139MR FISHER:  No, well, it‑ ‑ ‑

140HER HONOUR:  What's the point, really? 

141MR FISHER:  The point is, the point is the concern about the offending but I'm not ‑ ‑ ‑

142HER HONOUR:  No, look, I'm not seeking to make light of it.

143MR FISHER:  No, no, I know that.

144HER HONOUR:  No.

145MR FISHER:  So I made the application.

146HER HONOUR:  He's getting two months judicial monitoring.

147MR FISHER:  Yes.

148HER HONOUR:  Look, I think that covers a host of concerns, actually so ‑ ‑ ‑

149MR FISHER: Yes. I found the section in the Sex Offenders Registration Act.

150HER HONOUR:  Yes.

151MR FISHER:  It's s.11(6).  It says this, "The court may only make an order under this section (that is the particular section that is relevant) if an application for the making of an order is made by the prosecution not later than 45 days after the sentence is imposed".  So the application can be made after the sentence is imposed but only 45 days.  Now, could I do this.  I make the application formally.

152HER HONOUR:  The application is separate so I can adjourn it.

153MR FISHER:  Yes, and I would ask Your Honour to adjourn it.

154HER HONOUR:  I'm happy to do that.

155MR FISHER:  Thank you.

156HER HONOUR:  Doesn't mean it's going to happen, Mr Newton.

157MR NEWTON:  No, no, Your Honour.

158HER HONOUR: It doesn't mean it's going to happen but I just‑ ‑ ‑

159MR NEWTON:  Yes, yes.

160HER HONOUR:  Look, I know it might seem like double kill but, look, your client is a worry.  This is a pretty spectacular bursting on to the scene and going back the second time because it was so arousing is not good, Mr Newton. 

161MR NEWTON:  No, Your Honour.

162HER HONOUR:  No matter how powerful you may orate at me.

163MR NEWTON:  I've made my submissions in relation to that aspect.

164HER HONOUR:  Yes.  I'm going to do that.  So I'll just explain.

165Now, Mr Padilla, I have not put you on the sex offenders register yet but I can.  Mr Newton will tell you all about what that would mean for you, so I am going to see how you go, all right.

166OFFENDER:  Yeah.

167HER HONOUR: So it's not a matter of, "I'm out of gaol, I'm going home, my parents are annoying me, I'm moving out of home" you actually have to do what Corrections tell you.  You have to stay home.  I haven't made it a condition but if you have got any brains you will stay home with your parents and you will work through this.

168OFFENDER:  Yes.

169HER HONOUR:  All right.  I don't think you are going to enjoy the sex offenders program much, it's not designed for that, but it is designed to help you and you were very frank with Dr Ducat and that's been good too.  Just keep thinking about what it's been like sitting in gaol for that period of time that you have been in.  All right? 

170OFFENDER:  Yeah.

171HER HONOUR:  So it does mean that if things go wrong, if there's any offending of this kind again I will put you on the sex offenders register.  All right.

172You will explain all the consequences of that, Mr Newton? 

173MR NEWTON:  Yes, Your Honour.

174HER HONOUR:  Yes, thank you.  You consent to being placed on the order, sir? 

175OFFENDER:  Pardon?

176HER HONOUR:  Do you agree to being put on a CCO? 

177OFFENDER:  Yeah.

178HER HONOUR:  All right.  Have a seat, sir, thank you. 

179MR FISHER:  The only other orders that Your Honour needs to make is the PSD, the declaration ‑ ‑ ‑

180HER HONOUR:  Yes.  I declare that 391 days of this sentence have already been served by way of pre‑sentence detention.

181MR FISHER:  And an s.6AAA, for what it's worth.

182HER HONOUR:  I know, but I thought I didn't have to ‑ it's because it's a combination.

183MR FISHER:  Because you have given him ‑ yes, I think because it involves a sentence of imprisonment.

184HER HONOUR:  Pursuant to s.6AAA I declare that had you not pleaded guilty I would have sentenced you to a total effective term of three years and you would have served a minimum term of 18 months.

185MR FISHER:  If Your Honour pleases.

186HER HONOUR:  Thank you, Mr Padilla, we will just get you to sign that, thank you.

187MR NEWTON:  May I seek leave to approach the dock to assist? 

188HER HONOUR:  Yes, thank you, Mr Newton.  Mr Newton, I'm sorry.

189MR NEWTON:  All done, Your Honour.

190HER HONOUR:  All right.  I think I went through it fairly thoroughly.

191MR NEWTON:  Yes.

192HER HONOUR:  It's just that I've got a jury waiting.

193MR NEWTON:  Yes, certainly, Your Honour.

194HER HONOUR:  Thank you.  Mr Padilla, thank you very much.  Good luck and you can be taken down.  Counsel are excused.  I thank you for your assistance, thank you very much.

195MR FISHER:  Thanks, Your Honour.

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