Director of Public Prosecutions v Petterson-Marcombe
[2023] VCC 1318
•31 July 2023
| IN THE COUNTY COURT OF VICTORIA AT Latrobe Valley CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-00451
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACK PETTERSON-MARCOMBE |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Plea - Latrobe Valley Sentence – Melbourne | |
DATE OF HEARING: | 30 May 2023 | |
DATE OF SENTENCE: | 31 July 2023 | |
CASE MAY BE CITED AS: | DPP v Petterson-Marcombe | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1318 | |
REASONS FOR SENTENCE
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Subject:Criminal Law
Catchwords: Intentionally damage property, causing injury recklessly, assaulting an emergency worked on duty
Legislation Cited: Sentencing Act 1991
Cases Cited:
Sentence: Term of imprisonment of 270 days combined with a 14 month community correction order and a 12 month community correction order in relation to the summary offending.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms P. Thorpe | Office of Public Prosecutions |
| For the Accused | Mr M. Brogden | Daniel Taylor Lawyers |
HER HONOUR:
1Jack Petterson-Marcombe, you have pleaded guilty on indictment to charges of intentionally damage property and causing injury recklessly. You have also pleaded guilty to two related summary offences of assaulting an emergency worker whilst on duty.
2In sentencing you for your crimes, I am obliged to consider the maximum penalty for each of the offences you have committed. Those maximum penalties reflect the seriousness with which Parliament regards each offence and are as follows:
(a) Intentionally damage property carries a maximum of 10 years imprisonment;
(b) Causing injury recklessly carries a maximum penalty of five years imprisonment; and
(c) Assaulting an emergency worker whilst on duty carries a maximum penalty of six months imprisonment.
3The circumstances of your offending were set out in a document entitled “Prosecution Opening on Plea” dated 24 April 2023. This is an agreed document and represents your acceptance of the elements of the offences with which you were charged, as well as the factual basis on which I am to sentence.
The offending
4In early November of 2022, you were residing at a boarding house in Chestnut Street, Morwell. Cole Williams was the owner of that boarding house.
5At approximately 10pm on 2 November 2022, you went into the room of another resident of the boarding house, Suchart Aitchison, and asked for a cigarette and transport to another location. Mr Aitchison declined and you left.
6Approximately 20 minutes later you returned to Mr Aitchison’s room with a metal pole and demanded that he open the door. When he refused, you kicked Mr Aitchison’s door several times, which caused damage to the frame and the lock. You also went to the front of the property and smashed the windows to Mr Aitchison’s room. These facts form the basis for charge 1 on the indictment, intentionally cause damage, which is a rolled-up charge encompassing the damage to the door and windows.
7You then left the address on foot. You were located by police officers First Constable Buckler and First Constable Ware in Hourigan Road, Morwell. You were aggressive and the officers used OC foam, which had no effect.
8You then ran into a creek and stripped off your clothing, refusing to comply with police directions. You later ran into school grounds before emerging, naked.
9You confronted the two police officers, telling them you had a knife, forming the basis for the two summary charges of assaulting an emergency worker whilst on duty.
10You were tasered, which had an immediate effect, and were then arrested.
11As a result of the OC foam and taser, you were taken to the Latrobe Regional Hospital to have the taser probes removed and after-care administered. You were admitted to the hospital for assessment of your mental and physical health.
12You were discharged the following day but refused to leave and demanded further treatment.
13You entered a medication room which was off-limits to non-staff and demanded anti-viral medication. Four nurses were present in the room. Emergency nurse Ms Passalaqua tried to convince you to leave the room and pressed a duress button to alert security.
14Emergency Nurse, Ms Hunter, told you to leave the room. You lunged at her, grabbed her by her throat with your right hand and gouged her left eye with your left hand, forming the basis for charge 2 on the indictment, causing injury recklessly.
15Ms Hunter suffered redness in and around the eye, a small cut below the eye, and bruising in the days following the offending. She required several tests as a result of the injury, and was unable to work for four days. The incident understandably left her shaken. She required counselling.
16Emergency Nurse Ms Passalaqua injured her left finger trying to get you off Emergency Nurse Ms Hunter. This is not the subject of charge and you will not be punished for it but remains part of the overall circumstances of your behaviour on 3 November 2022.
17Security staff detained you until police arrived and you were arrested. You declined to be interviewed by police and were remanded into custody where you have remained.
Offence gravity and victim impact
18The purpose of a Victim Impact Statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.
19Ms Hunter has provided a Victim Impact Statement.
20In that document she speaks of losing sleep after the assault and finding herself replaying the offence constantly in her mind. She felt fear, anger, guilt, shame and embarrassment over the assault and wondered what she could have done differently.
21She was not able to return to work for a week after the assault as she was not physically or emotionally able.
22In 14 years of nursing, most of which was spent in the emergency department, Ms Hunter had never had an experience like the one you inflicted upon her. She feels permanently changed by the experience.
23As you told her you had HIV, Ms Hunter was extremely concerned for her own wellbeing.
24I understand that you have had access to the contents of the Victim Impact Statement. The serious impact of your offending on Ms Hunter can therefore not be lost upon you. Through your legal representative you have expressed feeling awful about what you did to Nurse Hunter.
25I am less concerned about the offence of intentionally damage property in the overall context of the matters before me, although I note you have a history for similar behaviour to which I will shortly turn.
26At the time of your assault of the two police officers you were naked and presenting in an erratic fashion. The assault did not involve any physical contact.
27Your approach to emergency workers in the form of police members and particularly those responsible for your care whilst you were in hospital, is extremely concerning.
28In Nurse Hunter’s case your offending was in her working environment, an environment in which she should feel safe and comfortable. She has now had to return to the environment in which she was injured and, according to her Victim Impact Statement, has found this an extremely difficult task.
29I do accept that for an offence of causing injury recklessly it is not at the higher end for an offence of its type. This finding should not undermine the significant distress which you caused to your victim. Your attack was to the eye area and extremely dangerous. It was more by good fortune than good management that the physical impact was not far worse.
30General deterrence is an important sentencing objective to send a clear message to others that behaviour such as yours is not to be tolerated.
31In your case, you have been placed on a community correction order on 16 September 2022, approximately two months earlier, for offences which included assaulting emergency workers whilst on duty. Your offending before me was whilst you were subject to this correction order and that fact is an aggravating feature to your offending.
Plea of guilty
32In terms of your plea of guilty, the Sentencing Act obliges me to take into account the stage at which you entered your guilty plea. You entered your plea at committal proceedings on 22 March 2023 which, in terms of the procedural history, does represent a plea of guilty at an early stage. This is conceded by the Crown.
33In addition, your plea has utilitarian value in saving the court the time and expense of contested proceedings. This is an important factor as your decision to plead guilty has saved witnesses from the trauma of having to give evidence, to be cross-examined and to relive what would be clearly distressing events, particularly for Nurse Hunter.
34In the context of the COVID-19 pandemic there is additional utilitarian value in providing certainty and finality to all parties in circumstances where the court's operations have been disrupted by the pandemic.
35Remorse is harder to discern but you have taken responsibility for your offending. I do accept some remorse in relation to the offence against Nurse Hunter.
36All of these factors will be taken into account in your favour.
Prior criminal history
37You do have a relevant prior criminal history.
38You first appeared at the Children’s Court in Sale on 12 October 2015 for charges of intentionally damage property, intentionally destroy property and two charges of unlawful assault. The charges were proven and dismissed and you were released on an accountable undertaking for six months on condition that you be of good behaviour.
39On 7 March 2016 you appeared at the Sale Children’s Court in relation to charges of theft and two charges of handling stolen goods. Without conviction you were released on a bond to be of good behaviour in the amount of $50 for a period of three months.
40On 19 December 2016 you appeared at the Sale Children’s Court in relation to a range of offending which included theft, criminal damage, resist police officer and contravene family violence intervention order. Without conviction you were placed on a bond to be a good of good behaviour in the amount of $100 for a period of six months and one week.
41On 30 April 2018 you appeared at the Sale Children’s Court in relation to charges of wilfully damage property and unlawful assault. The charges were found proven and dismissed. You were released on an accountable undertaking for a period of six months requiring you to be of good behaviour and to write a letter of apology to your mother.
42On 16 September 2019 you appeared at the Sale Children’s Court in relation to charges which included criminal damage, two charges of assault emergency worker on duty, resist emergency worker on duty, intentionally damage property, act to the prejudice of the good order and management of a gaol and to charges of fail to answer bail. Without conviction you were placed on a bond to be of good behaviour in the amount of $100 for a period of 12 months requiring you to comply with all lawful treatment and directions of your treating medical practitioners.
43Your first court appearance in the adult jurisdiction was at the Latrobe Valley Magistrates’ Court on 1 February 2021 in relation to two charges of contravening a family violence final intervention order, contravening a conduct condition of bail, persistent contravention of family violence order and criminal damage. Without conviction you were fined the amount of $500.
44As referred to briefly earlier, on 16 September 2022 you appeared at the Latrobe Valley Magistrates’ Court in relation to charges which included assault emergency worker on duty, resist emergency work on duty, assault police officer, refuse to leave scheduled public place after warning, and other bail related offending. You were convicted and placed on a community correction order for a period of 18 months. This order required you to complete community work, to be supervised by the Office of Corrections and submit for treatment and rehabilitation in relation to drug use, alcohol use and your mental health.
45While not to be punished for your criminal history a second time, it is relevant to the sentencing exercise in terms of the weight to attach to specific deterrence, that is, putting you off further offending, denunciation and protection of the community. In your case, you have relevant offending and to date, supervisory orders have not assisted you to make positive change.
46In general terms, you have real difficulties in managing your behaviour and this causes obvious concern as to how best to protect the community from you. The history is also relevant to your prospects for rehabilitation to which I now turn, along with your personal circumstances.
Personal circumstances and future prospects
47In terms of your personal circumstances, there is some inconsistencies in the information provided to me and I have done my best to distil the areas where I have determined there is common ground.
48Submissions initially made in relation to the case of Bugmy and the case of Verdins have been resiled from.
49You are 22 years of age but were 21 at the time of your offending. You were born in Queensland but lived in Orbost and Sale as a child. You have two older sisters, Ellie and Hannah.
50Your parents separated before you were born and you were raised by your mother, Claire Petterson-Marcombe.
51Your father reappeared when you were approximately seven years of age and you had wanted to meet him, which was facilitated by your mother. Supervised visits initially went well but you were physically assaulted by your father on an unsupervised visit. Your mother reports a change in your behaviour after meeting with your father.
52You were apparently diagnosed with attention hyperactivity disorder around seven years of age and auditory processing disorder when aged around 9 years.
53Your primary school education was in Blackburn, Warragul and Orbost. You completed Years 8 and 9 at Sale and Federation TAFE for Year 10 and some of Year 11.
54From ages 15 to 17 you worked part-time as a gardener but apparently have not worked since.
55You report leaving home around 17 years of age and it was then that drug use took hold. You have used cannabis, amphetamine, methamphetamine and GHB. The last two illicit drugs appear to be your more recent drugs of choice
56You began drinking alcohol at 18 years of age and would drink a bottle of spirits or a slab of beer daily up until the age of 21 years.
57Approximately two years ago you had your own child, Malakai, who resides with his mother, Jasmine, in Warragul. Your relationship with Jasmine was not a stable one and you separated shortly after your son’s birth.
58You had been homeless for about three months prior to your offending before finding accommodation in the boarding house where charge 1 occurred.
59Materials tendered would indicate that you were using both drugs and alcohol daily around the time of the offending, although you deny doing so for the week prior.
60Reference material has been tendered on your behalf from friends and family members. I have had recourse to that material. In combination, they appear to indicate that you had a supportive upbringing with a number of difficult events occurring in your earlier years. You were variously described as kind, honest and caring.
61You appear to be well supported by family and others that care about you, including your maternal grandmother, sister and mother. Your mother came down from Queensland to attend your initial plea hearing in the Latrobe Valley and further plea hearings held in Melbourne, including today.
62In your mother’s reference she describes you as being the youngest of her three children. Your mother says that you were raised in a family with love and nurturing from your two sisters and that you had a supportive extended family. She describes you as kind and caring.
63Your mother says that your biological father played no role in your life but that you had a caring role model in your grandfather who passed away suddenly in 2009, following a short illness. You lost an aunt in 2015 and your mother describes each of these persons, that is your aunt and your grandfather, as being significant in your life and that you were understandably affected by the loss of these relationships.
64Your mother speaks of your close relationship and that you have kept in frequent contact with her. In advance of your offending she had contacted police to do a welfare check on you as she was extremely concerned about your mental health, having received concerning text messages and phone calls in the day prior to your arrest.
65She has maintained contact with you whilst you have been on remand and speaks of you discussing openly the chain of events that led to your arrest and incarceration. She describes you as remorseful for your actions and the harm which you may have caused. She offers you her continued support and is keen for you to reside in Queensland where the majority of your family members live.
66Today, as indicated, your mother attended your further plea and sentence and has provided an additional reference. She confirms stable accommodation for you with Teresa Bills in Alexandra and then with your sister in Queensland. She intends staying with you in Victoria until a move in Queensland can be arranged. A letter authored by Teresa Bills confirms the availability of accommodation with her.
67You have now spent a period of some 270 days in custody as a direct consequence of your behaviour. This remand period is your first exposure to the custodial setting and is capable of acting with a degree of sanction as well as, hopefully, a deterrent into the future.
68I do accept that you desire a better role model for your son. That ball is squarely in your court.
69You still are, and were, relatively young at the time of your offending. The principles in relation to young offenders and the focus that places on rehabilitation in the sentencing exercise remains relevant to your case. It remains of obvious interest to the community that young offenders are, where possible, supported in rehabilitation and led away from criminal behaviour.
Expert material
70In terms of expert material, an assessment order under the Mental Health Act 2014 dated 4 November 2022, signed by David Thomas, registered psychiatric nurse, identified you as psychotic on that date requiring immediate psychiatric treatment.
71This order is coupled with a confidential medical health report of the same date and by the same author, which confirms that you have had four inpatient admissions for your mental health between the 22 February 2019 and 10 March 2022 and that there have been some 24 referrals to mental health triage services. You presented as actively delusional. You showed signs of alcohol and possible substance withdrawal.
72In terms of diagnosis, the following was referred to in the aforementioned report:
§Mental & behavioural disorder due to alcohol use and intoxication;
§General anxiety disorder;
§Schizoid personality disorder;
§Mental & behavioural disorder due to harmful multiple drug use;
§Post-traumatic stress disorder;
§Opposition defiance disorder;
§Disturbance of attention and activity;
§Mixed specific development disorder;
§Mental & behavioural disorder withdrawal.
73It was clear that Mr Thomas had access to mental health records in his role.
74A report dated 21 March 2023 authored by Ms Gina Cidoni, psychologist, was also tendered on your behalf.
75Ms Cidoni set out much of your personal circumstances, painting a much bleaker picture than that depicted in the reference material tendered. She had both you and your mother as a resource but does not reference information gathered from your mother, nor your mother’s response to your account of your upbringing, which you describe as one involving physical assaults of you by one sister who you described as a heavy drug user, witnessing family violence perpetrated by your father against you, your father being mentally ill, a nasty stepfather and that most of your family were on drugs.
76There was a vast discrepancy between your mother's report and what you reported to Ms Cidoni.
77Ms Cidoni described your presentation as dishevelled and unkempt, that you exhibited poor judgement and that insight was absent. She was not of the view that you were being adequately treated in the custodial setting.
78Ms Cidoni had access to the alleged facts, your prior criminal history, body worn camera footage and the material from the psychiatric nurse, David Thomas.
79She diagnosed you with:
(a) Stimulant use disorder;
(b) Alcohol use disorder;
(c) Drug-induced psychotic disorder; and
(d) Bipolar disorder.
80This is the first time that bipolar disorder appears to have been raised. It is not apparent that Ms Cidioni had accessed any of your mental health records. I was not prepared to accept the diagnosis of bipolar disorder without further evidence.
81Ms Cidoni did find that you were disinhibited and psychotic at the time of your offending and that your mental functioning was impaired beyond your intoxication. Ms Cidoni opined, and I quote:
'The overall conclusion is that Jack experienced certain disadvantages commencing in childhood, with early instability, family violence, challenges in learning, attention and behaviour at school and difficulties maintaining stability in young adulthood. There seems to be a family history of psychotic and mood disorder. It is uncertain whether his substance abuse caused or exacerbated the mental illness, but it is clear he has a significant and enduring mental illness that has impacted severely on his thinking and behaviours.'
82Her findings were based on information which you provided and was again without access to your mental health history.
83It is therefore difficult to accept her opinion.
84A supplementary report from Ms Cidoni dated 29 May 2023 was also tendered in which Ms Cidoni finds that the use of methamphetamine and early withdrawal symptoms played a role in aggravating your psychosis. She describes the presentation of bipolar disorder in general terms. She does say that during the episode that you experienced perceptual disturbances, altered perceptions of your surroundings, and struggled with cognitive and behavioural instability, making it difficult for you to maintain consistent thoughts and actions. The presence of psychotic features further impacted your ability to accurately perceive reality.
85This much is obvious and does not advance the report made earlier in time.
86I do accept that you were actively psychotic at the time of your offending on 2 November 2022 and 3 November 2022, given the facts that have been outlined to me as to your presentation and your state on 4 November 2022. These include describing yourself as an earth angel, your admission to hospital on 2 November 2022 for mental health assessment, and, as an immediate precipitator to your offending of 3 November 2022, your quest for anti-virals to treat AIDS when you do not in fact suffer from that illness.
87I am unable to determine conclusively as to whether your psychosis was due to drug ingestion, mental health presentation, or likely, a combination of both.
Sentence submissions
88In terms of sentencing submissions, the Crown submit that having regard to the gravity of the offending, your criminal record and the aggravating feature that your offending took place whilst on a community correction order shortly after being sentenced for relevant offences, the sentence I impose should be one of imprisonment comprising a head sentence and a non-parole period
89Your counsel submits that all relevant sentencing considerations can be reflected in the imposition of a period of imprisonment for the charge of causing injury recklessly and a community correction order for the remainder of the offending.
90The offence of causing injury recklessly, where the victim is an emergency worker, is a Category 1 offence under the Sentencing Act. In sentencing an offender for a Category 1 offence, the court must make an order under Division 2 of Part 3, that is, a custodial order, other than a sentence of imprisonment in addition to the making of a community correction order in accordance with section 44 of that Act.
91Pursuant to s10AA (4), in sentencing an offender for an offence against s18 of the Crimes Act committed against an emergency worker on duty, a court must impose a term of imprisonment of not less than six months, unless the court finds that under s10A that a special reason exists.
92It does not appear to me that the provisions in relation to sentencing for a charge of causing injury recklessly committed against an emergency worker prevent me from taking the course submitted by your counsel.
93Accordingly, and in order to be better informed, I had you assessed as to your suitability for a community correction order.
94Whilst assessed as suitable for a community correction order with some hesitation, that assessment raised further concern about your mental health presentation.
95That report also told me that there is an ability to transfer a community correction order to Queensland but that it is a process which takes some time and would require some compliance in Victoria first. It is important in that context that you have suitable accommodation. As referred to earlier, I am satisfied that that has been organised.
96Because of the concerns raised in the Correction’s assessment and my concerns for you overall, I ordered that you be assessed by Forensicare and a report authored by Dr Hannah Cross, Consultant Psychiatrist, dated 25 July 2023, has been provided.
97She finds that it is likely that you suffered substance abuse psychosis prior to your offending. It is fortunate indeed that she is not of the opinion that you appear to suffer from an ongoing psychosis. There is always a risk of additional mental health diagnosis with excessive drug use. This is something that should be in the forefront of your mind into the future.
98The circumstances of your offending and your belief system at the time should ring warning bells for your future. You were diagnosed with substance use disorder and complex post-traumatic stress disorder.
99Wherever the truth lies with your early childhood experiences, it appears essential that you receive relevant treatment or you remain a continued risk to others. It is essential that you work to identify where the risk lies in order to reduce that risk.
Sentencing
100The basic purposes for which a court may impose sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim.
101I am also required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure, where possible, that offenders are rehabilitated and are reintegrated into society.
102I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act where relevant to your case. I have taken into account current sentencing practices for the offences to which you have pleaded guilty and the principles of both totality and proportionality.
103On charge 2, recklessly cause injury, you are convicted and sentenced to 270 days imprisonment, reckoned as already served.
104On charge 1, intentionally damage property, you are placed on a community correction order for a period of 14 months duration, during which you are to be:
(a) Supervised by the Office of Corrections;
(b) Undergo drug treatment as directed;
(c) Undergo mental health treatment as directed; and
(d) Participate in offence-specific programs as identified.
105On the two summary charges, you are convicted and sentenced to a community- based order of 12 months duration, during which you are to perform 50 hours of community work. It is my intention that the correction orders run concurrently together.
106In addition to the conditions I have imposed, there are standard conditions – you should be familiar with them. The first and foremost of those is that you must not commit any other offences during the 14 month period or 12 month period which could be punished by imprisonment. You must report within two working days of your release to the nearest Correction’s office. You are also required to advise your supervising Correction’s office of any change of address of where you are living or working, and you must do so within two clear working days. It is a term of all Correction orders that you must submit to visits as directed and you must obey all of the instructions and directions of a Correction’s officer. You cannot leave the State of Victoria without the permission of your Correction’s office.
107In my view, this order presents you with a chance to change your life in a positive fashion should you choose to take up that opportunity and the supports that should be made available through that order. The order can be breached if you do not comply with it in terms of the conditions or reoffend whilst it is in place. If you do, you will have to re-appear before me for contravening the order, I may have to re-sentence you on the original charges, as well as for an additional charge of contravening the order.
108I can only place you on that Correction order if you agree to be placed on that Correction order. In a moment I will leave the courtroom so you can discuss that privately with Mr Brogden.
109Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty. If not for your pleas of guilty you would have received the total effective sentence of 18 months with a minimum of 12 months before being eligible for parole.
110So the upshot for you, Mr Petterson-Marcombe, is you are in a position to be released today but you have a Correction order hanging over your head for an extended period of time. It is designed to help you, it is clearly designed to punish because of the duration and the community work component, but as indicated, I can only place you on that order if you agree to be placed on that order. So with that in mind, I am going to stand down so that you can discuss it with Mr Brogden. I will firstly check; anything I have missed from your end, Ms Thorp?
111MS THORP: No, Your Honour.
112HER HONOUR: Or your end, Mr Brogden.
MR BROGDEN: No, Your Honour.
HER HONOUR: I will stand down temporarily. Thank you.
MR BROGDEN: As Your Honour pleases.
HER HONOUR: I will just correct the exhibit numbers, they were D7 and D8.
MR BROGDEN: Thank you, Your Honour.
(short adjournment.)
MR BROGDEN: Thank you for that time, Your Honour. My client consents to both of those Correction orders. I am told that Seymour would be closer and more convenient to Alexandra. I understand when the report was compiled that we didn't have the address in Alexandra so Lilydale was listed as the appropriate Correction’s centre. But if it could be accommodated at Seymour, that would be more convenient.
HER HONOUR: I'm sure if he rocks up at Seymour clutching his Correction orders he'll be accommodated.
MR BROGDEN: Yes.
HER HONOUR: It pays to check whether they're open every day. Surely someone can make that enquiry for him. Where's he currently housed? MRC?
MR BROGDEN: Yes, Your Honour.
HER HONOUR: So he'll get chucked out in – (indistinct) or whether MRC is - - -
MR BROGDEN: Ravenhall, yes, Your Honour. And Ms Petterson-Marcombe will attend there this afternoon to pick him up, I've told him that.
HER HONOUR: I mean she can take him – whatever.
MR BROGDEN: Yes, Your Honour.
HER HONOUR: It's up to you and your instructors to work out with his mother, who is clearly very supportive, and your client, about whether they work it out to Lilydale or they decide to go to Seymour, and just touch base with that Office of Corrections.
MR BROGDEN: Yes, Your Honour. I was just of the understanding with the condition 'must report to Corrections' that Your Honour would put Lilydale or Seymour - - -
HER HONOUR: That might be right.
MR BROGDEN: If that's the case, I would ask that Your Honour do Seymour.
HER HONOUR: All right, we can do that.
MR BROGDEN: Thank you, Your Honour.
HER HONOUR: Apologies for the delay, Mr Petterson-Marcombe, I'm just waiting for the orders to be generated.
OFFENDER: No, that's all right.
HER HONOUR: We're drafting the orders now so I'm going to stand down because I have another matter at 10 and they'll be sent to you in the prison to sign. Obviously, in my view, you've got a really good opportunity here, Mr Petterson-Marcombe, with your mum's continued support and family support. I hope you see it that way because, in the nicest possible way, I don't want to see you again.
OFFENDER: Yeah, I definitely do, it's a massive wake-up call for me, the nine months in goal was. It's been a bit of an eye opener really.
HER HONOUR: I hope that's right. All right, thank you. Mr Brogden, thank you for your assistance. Ms Thorp, thank you very much for yours. And Mrs Petterson-Marcombe, I sincerely wish you all the best into the future. Thank you. I will stand down temporarily.
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