Director of Public Prosecutions v Pirimapun

[2014] VCC 520

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-00224
CR 13-01083

DIRECTOR OF PUBLIC PROSECUTIONS

v

ALFONS PIRIMAPUN

---

JUDGE:	HER HONOUR JUDGE COHEN
WHERE HELD:	Melbourne
DATE OF HEARING:	Trial: 16-19 July 2013; 22-24 July 2013 Plea: 6 September 2013; 8 November 2013; 7 April 2014 Mentions: 31 January 2014; 13 February 2014; 28 March 2014
DATE OF SENTENCE:	7 April 2014
CASE MAY BE CITED AS:	DPP v Pirimapun
MEDIUM NEUTRAL CITATION:	[2014] VCC 520

REASONS FOR SENTENCE
---

Subject:  Sentencing; aggravated burglary; rape and indecent assault and theft
Catchwords:              Prior similar offending; effect of immigration consequences

Legislation Cited:     Sentencing Act 1991 (Vic) ss 6D, 6E; Sex Offenders Registration Act 2004 (Vic) s 11

Cases Cited:            Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2

Sentence:TES 6 years, Non Parole Period 4 years; 509 days PSD reckoned as served

---

APPEARANCES: Counsel Solicitors

For the Director of Public Prosecutions	Mr R. Hammill (Trial and Plea hearing) Ms R. L. Harper ( Final Further Plea hearing and Sentence)	OPP
For the Offender	Mr G. W. Casement	Robert Stary Lawyers

HER HONOUR: 

1Mr Pirimapun, I am going to explain my reasons for sentencing.  You can stay seated until I tell you to stand. I will go reasonably slowly so that the interpreter can interpret along the way.  You can sit while I am explaining the reasons.  They are quite detailed. 

2Also, in delivering my reasons, I am not going to identify by name the person against whom your offences were committed; that is to preserve her privacy. 

3Alfons Pirimapun, last July you pleaded guilty to one charge of aggravated burglary, one charge of indecent assault and one charge of theft on a separate indictment, and you were found guilty by a jury of one charge of rape. 

4There have been several hearings since then relating to issues relevant to your sentence and I am now in a position to sentence you for these offences. You have been in custody ever since being arrested for the offences and that time will be counted towards your sentence. 

5The maximum sentence for aggravated burglary and for rape is 25 years' imprisonment; and for indecent assault and for theft it is 10 years' imprisonment.  I must and do take into account these maximum sentences as reflecting how seriously offences of this nature are regarded by Parliament. In particular, aggravated burglary and rape are regarded as offences of very serious nature. 

6I turn first to the circumstances of the offending.  Apart from the theft, the other charges all arose out of your conduct in the early hours of 6 November 2012.  Late the previous night, you had gone out walking alone and some hours later were in a park area in Fitzroy drinking beer which, you say, you found there.  It is unclear how long you were there or how much you drank; you estimated finding four bottles of a six‑pack and drinking them, but apparently, your thought processes were considerably affected by alcohol. 

7I am going to go a bit more quickly through this, but I do need there to be interpretation so I will be pausing. 

8About 4.30 am you went across the road to a house at a corner opposite that park.  You stood for some time - you told police about 20 minutes - outside a window through which you could see a young woman asleep in her bed. Although it was not known to you, the house was occupied by four people, sharing, in separate bedrooms. The woman had been out the previous night, which was Melbourne Cup Eve. She had come home in the early hours, and had fallen asleep with her computer playing a DVD on her bed, and she had left on, what she called “fairy lights”, that she kept beside the bedhead. She had left her window partly open and the curtain partly drawn back to allow a breeze and there was a fixed flywire screen in place. Thus, there was some light inside the room by which you could see her.

9After standing watching for some time, you took off your shoes, bent back the flywire screen and climbed in through the window.  You turned off the lights at a switch between the bed and a bedside table, you removed the computer from the bed and placed it on the floor, and then climbed onto the bed and lay beside her. 

10Your intention at the time of entering the room was what you described to police as “to feel on her” and at another point you said that you had this thought of considering to rape her. The charge of aggravated burglary arises from your actions of entering the house without permission with the intention to at least indecently assault the woman you could see there.

11You told police that with your hand you felt the woman's upper body from the top of her chest on top of her clothing, and going down to her stomach.  She was not awake or aware of that at the time, but your admission to police of those actions is the basis of Charge 2 of indecent assault. 

12The woman became aware of your presence as she woke up, finding you lying in bed beside her cradling her.  She felt your hand down the inside of her pants and a finger penetrating her vagina. That is the act of rape of which the jury found you guilty. 

13Emerging from sleep, the woman realised that you were a stranger in her bed.  She asked who you were and you said, "Shh, go back to sleep baby."  She then came to further awareness and sat up and yelled at you to get out.  You got up, picked up your jacket and/or pants from the floor, and left via her bedroom door into the main area of the house with her yelling after you. One of her housemates was awake, heard her yelling, opened his bedroom door and saw you departing down the hallway and leaving through a side door.  He followed you, but you disappeared over the fence into the darkness and he yelled out not to return. 

14I am going to go a bit more quickly; not all of this needs literal translation.  It is narrative that I think Mr Pirimapun is aware of. 

15The housemate returned to the house, found your victim in great distress, heard from her a brief version of what had happened, and another housemate was also awoken and they both tried to comfort her.  They then searched outside and found your shoes outside her bedroom window, with the bedroom window flyscreen partly bent back. As the woman was still very distressed, she was escorted by one housemate to her girlfriend's house nearby, and after telling some of what had happened, those friends took her to the Fitzroy Police Station. That was about 7.30 am; she having awoken up at approximately 5 am. 

16She was interviewed initially by the police constable on duty at the front desk on what was Melbourne Cup Day, and that was when she described the extent of what she found you doing to her.  The matter was then passed on to detectives from the Sexual Crime Squad, who attended the house, found fingerprints and other evidence, including your shoes.  Through the fingerprints, they traced you, with subsequent confirmation through DNA testing. 

17Eight days' later, a search warrant was executed at your unit where you were arrested and cautioned.  Apparently, you collapsed in distress at the time.  During the search of your home, a lady's purse with the identification of its owner was found.  You admitted finding the purse and not trying to return it, and your possession of it in those circumstances gives rise to the charge of theft, to which you have pleaded guilty on a separate indictment.  Investigation revealed that the purse had been lost by its owner on 14 February 2012, but that she had not reported it to police.  I regard this as a relatively minor instance of the charge of theft and not of itself warranting substantial punishment. 

18After your arrest, you were interviewed by police with the assistance of an interpreter.  During that interview, you made a number of admissions. You said that you had drunk beer in the reserve; felt the alcohol caused you to have sexual thoughts; that you had gone to the window and seen the woman was lying on the bed; and that you had remained at the window for about 20 minutes.  You said that you were having sexual thoughts as you watched her and you then bent and removed the flyscreen, opened the window to enter, and had taken off your shoes. 

19You said you had turned off the lights beside the bed and placed the laptop computer on the floor.  You then lay on the bed with her and began touching her, initially outside her pyjamas, but then underneath.  You said that she had then awoken, screamed, questioned you and you had collected your pants and run out jumping the fence. You denied having put your hand inside her pants, and said that your hand only went as low as her stomach. 

20You talked of the effect of alcohol on you, including saying that you were not aware of what you were doing, and you also said that the alcohol puts the devil in you.  Nevertheless, you gave details that made clear that you did know what you were doing at the time, in that you had carefully watched this woman on her bed, climbed in through her bedroom window, turned off the lights, removed the laptop computer to make room to lie beside her on the bed and started touching her with sexual intent.  You also admitted knowing it was wrong, and knowing that when you drink alcohol, sexual thoughts came to you. 

21There is now no interpretation.  Mr Interpreter, do I have to do it sentence by sentence or can you?

22INTERPRETER:  No, I can - - - 

23HER HONOUR:  I do not want to do it sentence by sentence. It loses all meaning, I think, but if you want to give a brief summary at the end of paragraphs I will pause. 

24INTERPRETER:  Yes, Your Honour.  I will start the summary now.

25HER HONOUR:  While you have continued to deny having sexually penetrated the woman, even with your finger, the jury must have believed the complainant beyond reasonable doubt, that when she awoke she felt your finger penetrating her and that is the crux of the charge of rape. 

26I regard the objective seriousness of your offending that morning as high.  First, the entering of a house and bedroom of a total stranger in the middle of the night knowing she was there asleep, and with the intent to sexually assault her, was a very serious invasion of your victim's life.  You breached the security of her own home, her sleep, and the indecent assault and rape speak for themselves as an invasion of her personal bodily security. 

27Any woman, indeed, any person is entitled to feel secure in her or his own bedroom and bed and to be able to sleep safely at night.  It is understandable that, as she describes in her victim impact statement, she felt extremely frightened and insecure for a very long time afterwards to the extent of feeling unable to return to live in that house and indeed, delaying for some time, even entering the bedroom to fetch all of her belongings. 

28Secondly, what makes the offending even more serious, is that you had previously committed offences in Queensland of a very similar nature, although not an offence of rape.  The jury did not know, because I ruled inadmissible, evidence of those prior offences because their prejudicial effect significantly outweighed their probative value in showing that you had a tendency to rape -  as opposed to breaking into the homes of sleeping women and sexually assaulting them. 

29In 2008 on three separate occasions over the course of a couple of weeks, and twice in respect of the same premises and the same woman, you had entered a sleeping woman's home having watched her through a window or door, and then indecently touched her. I regard as highly relevant to my sentencing of you that you have a history of this strikingly similar behaviour. It shows that you have a tendency to break into the houses of sleeping women to sexually assault, and protection of the public would be an important factor in sentencing you even if it had not become the principal purpose by operation of a section of the Sentencing Act that I will explain shortly. It also shows that you had not learnt your lesson, having been imprisoned for some 15 months before your release in Queensland for those offences. That means that further deterrence is needed for you personally; that is that the punishment needs to make clear to you personally that you must not repeat offences of this type.

30Further, you were still on a suspended sentence from the Queensland District Court for the balance of the sentences imposed there when you committed the offences for which I sentence you, and I take that as an aggravating factor. 

31In an initial and then updated victim impact statement, your victim describes being initially overwhelmed by shock and fear of return to live in that room and house.  I accept that these events have impacted on her psychologically causing her symptoms of anxiety and depression, nightmares and insomnia. She says that the events affected her relationships with her housemates, with friends who knew of the events, her boyfriend at the time, and even with her parents, and that these difficulties caused her to feel isolated and also caused significant disruption to her life and ambitions. I am satisfied that the shock of these events was likely to impact on many aspects of her life, such as she describes. Also, having to go through the trial and be cross‑examined closely was very upsetting for her.  Hopefully she can take some consolation from knowing that she saw the matter through to its conclusion. Unfortunately, the delays in the plea hearings probably protracted her having to think about these events, but I allowed those adjournments in the interests of justice.  In due course, it is to be hoped that your victim can move on with her life. 

32I will pause so that that as an overall topic can be interpreted. 

33I am satisfied that the effect of alcohol on you affected your behaviour that night.  You acknowledged in your record of interview that alcohol brings on sexual thoughts, and you were aware that it was part of your previous offending. That is a probable explanation for your behaviour, but it does not excuse it because you were aware of the risk of reducing your sense of judgement if you drank alcohol. 

34Doctor Walton thought it likely that you exhibited an intolerance to alcohol not unusual in the context of a brain injury, but he did not confirm a brain injury.  I accept that you have a low tolerance to alcohol, and that that probably reduced your judgement and impulse control on the night in question. 

35I accept that you regret your actions of drinking and then breaking into that house and sexually assaulting the woman you saw there. However, as you clearly knew from your past that by drinking alcohol, you might succumb to committing the type of offences that, indeed, you did, there can be minimal moderation of your sentence due to the influence of alcohol on you.  

36I turn now to your personal circumstances.  You are now aged 34.  You were born in West Papua, one of nine children; the rest of your family still lives there.  You finished school and started a tertiary diploma in architecture and landscaping, but have said that you were unable to continue it because of financial reasons, having already taken a break between high school and technical college in order to earn money for your tuition. 

37You apparently suffered a significant head injury when hit on the head by one of your brothers in a dispute involving his wife.  As best I can determine, it probably occurred when you were of high school age, although it may have been during your tertiary studies. 

38You described to Dr Walton having a fractured skull and spending about three months in hospital, and ongoing headaches.  You have told those who have assessed you that it did not cause problems with your studies. Despite some effort to have you assessed for whether you do suffer the effects of an acquired brain injury, there is no firm diagnosis of that before me. 

39You apparently became involved in the West Papua Independence Movement, were incarcerated as a result, saw and were subjected to some extreme violence, and you were one of a group of 43 West Papuans who escaped from West Papua and arrived in Cape York in early 2006.  You were granted refugee status later in 2006. 

40You have been involved with and indeed supported and assisted by the Australian West Papuan Community based in Melbourne. You lived in Melbourne initially, then moved to Queensland where, as I have said, you committed a series of offences. The Australian West Papuan Community also offered you support on and after your release from imprisonment in Queensland, and following your release in December 2009 you returned to Melbourne where you lived in a Department of Human Services unit in Collingwood. 

41You have described to one assessor having had intermittent jobs, but overall your instructions to your barrister were that you have been largely unemployed and have spent a considerable amount of time in activities associated with the Australian West Papuan Community Organisation, both assisting and of a cultural nature.  You have not had any romantic relationships while in Melbourne, and seem to have been quite isolated despite involvement in West Papuan Community activities and cultural displays.

42I take into account that, at an early stage, you indicated pleas of guilty to the charges of aggravated burglary and indecent assault, and for that matter, theft.  Under principles of sentencing, that entitles you to some leniency in your sentence on those charges.  It is argued that even though your case went to a trial on the charge of rape, there were many factual circumstances not challenged and that those also should be considered as affording you some leniency. I have taken those matters into account, however for the charge of rape there was still a trial requiring your victim to have to relive the events and be challenged over a number of details in cross‑examination.  Even though the facts of you breaking into her room and lying beside her in bed were not challenged, it was still observably a very stressful and upsetting experience for her, and in her victim impact statement she makes clear that she felt she was being accused of lying. 

43In addition, her housemates and friends who were part of those events were also put through the stress of giving evidence in court and being cross-examined, and the community did have to bear the time and cost of a disputed trial. 

44It was submitted that you have shown genuine remorse for this offending.  I accept that the pleas of guilty reflect that in respect of those offences, and that, although not formally entered until the beginning of the trial they were indicated much earlier. However, you then withdrew what had been an earlier plea of guilty to the charge of rape. 

45I accept that through your interview with police you made admissions to those offences apart from the rape, and also that you said various things indicating a sense of guilt for what you had done, or at least regret for it. 

46You were co‑operative with police and acknowledged knowing that you were going to gaol for what you had done.  On the other hand, there were suggestions by you that the woman was drunk.  You could not have known whether she had been drinking that night as you watched her asleep in bed, and you also suggested that maybe that was why she thought she had been raped. While those suggestions might be construed as undermining your signs of remorse, I have not regarded them as that, attributing them to your thought processes as to how to explain your actions. 

47However, I did regard with more concern that according to Dr Lester Walton's report, after the jury's verdict you told him you “went crazy” and also you thought that you had been the victim of racism.  That does not reflect remorse for even those parts of the offences which you admit. 

48I have taken into account that you did acknowledge that you had offended in a way you knew you should not, and were sorry to have done so, and acknowledged that the young woman was likely to have been shocked and scared by what you did. 

49Through some of your comments in the interview with police and in relation to the overall events, including what you said to your victim when she woke up, there have been questions as to whether your mental health or a possible brain injury might have influenced your behaviour at the time.  These issues have now been considered through assessments by a psychologist, Ms Lechner, a psychiatrist Dr Walton and a neuropsychologist Ms Hughes. 

50Ultimately Ms Lechner found you did not present with symptoms of an underlying psychological or psychiatric disorder.  She considered that you had some degree of the effects of post‑trauma after what you had seen in your homeland, and a problem with what she called “binge drinking” and associated impulse control.  She strongly recommended that you undergo a sexual offences program. 

51Doctor Walton did not find any psychotic symptoms. He did not find you, as he said, afflicted by any diagnosable psychiatric disorder prior to the offending.  He did not think that your reaction to alcohol amounted to alcohol-induced automatism.  He did think you were suffering a reactive depressive disorder following the trial.  He suspected a brain injury from your description of what happened in your youth, but his opinion does not go so far as to say that your condition affected your commission of these offences in a way that would reduce your culpability - your blameworthiness. 

52A recent neuropsychological report indicates that on formal testing you show low  - and in some respects extremely low -  functioning, such that if those tests are reliable, you would be categorised as intellectually disabled.  However, there were features of the testing results that caused Ms Hughes, the neuropsychologist, to conclude that the results were not reliable enough for her to form an opinion as to whether you were in fact suffering from an acquired brain injury, nor as to whether your intellectual functioning influenced your offending. 

53Overall, I have taken into account that you seem to have limited intellectual skills, limited insight and very limited social skills, which may be influenced in part by language and cultural barriers, and what Dr Walton describes as underdeveloped capacity for the expression of what we would regard as appropriate remorse, which he largely relates to cultural factors. I accept that these features combined do moderate the role of general deterrence in your case, but not to the extent that it is not still important. 

54I now turn to the issue of the effect on your sentence of your immigration status.  I am not allowed to speculate on what decision will actually be made about you by immigration authorities. 

55I am satisfied from the information provided to me that under Australian government procedures and policies as presently applied, it is very likely that after your release from prison under this sentence, you will be deported from Australia, and that unless some other country were available, it is likely you will be sent back to West Papua. 

56I heard evidence on the second day of the plea hearing from Reverend Peter Woods, who described his extensive contact with the West Papuan Community, especially with your group after their arrival in January 2006. He described the risks for those involved in the independence movement for West Papua including the history of people being said to have disappeared and it now being believed that most of those who disappeared were killed. 

57I accept that that is regarded there as still one of the dangers for those involved with the separatist or independence goals.  I am satisfied that you do have genuine fear and anxiety about what might happen to you if you are returned to West Papua. 

58I also accept that the high degree of publicity given at the time of your arrival in Australia, and the sensitivity between Australian and Indonesian governments when you and the others were granted temporary protection visas and residency, increases the risk for your family or associates back in West Papua, and it would follow for you were you required to return home.  You are known amongst your local community here as well as in West Papua. 

59You have indicated through each of the assessments that I have already described, that you have a real apprehension and anxiety about the prospect of being deported back to your homeland, and I accept from those assessments that that is likely to increase your anxiety whilst serving time in prison here. Your counsel urges me to find that anxiety about the prospect of being deported increases the burden on you of serving a sentence of imprisonment, and as a result I should moderate or reduce your sentence because it is more onerous for you than for the average person without such an anxiety. 

60Whilst I accept that factors making it harder for you to serve time in prison than for the average person are generally to be regarded as a reason to moderate the overall sentence, in my view, that aspect logically is different on this issue.  That is because, accepting as I do, that you have a fear of your fate if returned to West Papua on release, it seems to me that by reducing your minimum sentence I would be bringing forward that fate which you fear.

61Accordingly, I take into account that there are factors including in particular a sense of isolation through cultural and language barriers, and also some limitations on the activities in which you can engage, because I am told that after some publicity after the trial, you were confined to protected custody and not able to engage in the general prison activities. However,  I do not regard the aspect of your anxiety about deportation as of significant effect.  I take it into account to the degree that it adds to the difficulties you are experiencing through isolation in prison while serving your sentence.

62I do consider that while you are in prison it is important that all efforts be made despite potential language difficulties to engage you in a sexual offender's program, and I note the strong urgings to that effect by both Ms Lechner and Dr Walton. 

63Due to there having been more than two offences of indecent assault in Queensland in 2008 and for which you were sentenced to imprisonment there, the sentences of aggravated burglary, indecent assault and rape for which I sentence you require that you be sentenced as a serious sex offender. That means that the principal sentencing purpose I apply must be protection of the public. It is not urged by the prosecution in this case that that be by way of a disproportionate sentence under s.6(D) of the Sentencing Act because it was submitted there is sufficient leeway to achieve that purpose given the maximum penalties as they otherwise stand, and based on accepted sentencing principles.

64It is not automatic for these offences that you would be registered under the Sex Offenders Registration Act, but under s. 11 (1) I may order that you must comply with the reporting obligations under the Act. The prosecution has applied for me to do so. I can only do so if satisfied beyond reasonable doubt that you pose a risk to the sexual safety of one or more persons or of the community.

65It is the charge of rape which brings you under this section, not aggravated burglary or indecent assault. Even though your prior offences were not of a nature that would bring you under this requirement, with your history of entering the homes of sleeping women to indecently assault them, and having gone as far as a penetrative act on the occasion for which I sentence you, and as you seem to have limited insight into how to control yourself from similar offending, I am satisfied that were you to remain in Victoria after your release, this is a case in which for the protection of the community, specifically for the protection of women sleeping in their homes, you should be registered and required to comply with the reporting obligations under the Sex Offenders Registration Act.

66As I have found that you should be registered, the reporting period would be for life.  This is because of your prior sexual offending in Queensland.

67Finally, for the record, I note that when the plea hearing started before me last September, the prosecution at my invitation gave a sentencing range.  In the meantime, the High Court decision in Barbaro v The Queen; Zirilli v The Queen  held that sentencing ranges from the prosecution should not be permitted. Accordingly the prosecution has withdrawn that submission, and I have disregarded it in reaching my decision on this sentence. 

68The serious nature of your offences, Mr Pirimapun, of aggravated burglary and of rape, means that no sentence other than imprisonment would be appropriate. 

69I take into account that it would not have been known, and there would have be no evidence of your having committed Charge 2 of indecent assault if you had not described to police touching your victim's upper body on her clothes. I also regard that action as part of your preliminary actions before the rape. For those reasons I am directing total concurrency of that charge with the charge of rape. 

70As for the charge of theft, I would not have imposed any imprisonment if that were your only offence this time.  I have decided to set a nominal term of imprisonment rather than impose the separate penalty of a fine in your circumstances.

71As I said at the outset, you will receive credit for the time you have been in custody since your arrest. 

72Would you stand up now please, Mr Pirimapun.  Alfons Pirimapun, on Charge 1 of aggravated burglary, you are convicted and sentenced to three years and eight months' imprisonment; on Charge 2 of indecent assault you are convicted and sentenced to eight months' imprisonment; on Charge 3 of rape you are convicted and sentenced to five years' imprisonment and that is the base sentence. 

73I direct that apart from 12 months of the sentence on Charge 1, which is to be served cumulatively on the sentence imposed on Charge 3, all of the other terms of imprisonment I am imposing be served concurrently including the sentence imposed on the separate indictment, that is for the charge of theft.

74That makes a total effective sentence of six years' imprisonment and I direct that you serve a minimum period of four years' imprisonment before being eligible for parole.

75I declare that the period of 509 days of pre‑sentence detention be reckoned as time served as part of this sentence and I direct that that be recorded in the records of the court and deducted administratively.

76On the separate charge of theft you are convicted and sentenced to one day of imprisonment, which starts today and in effect, is to be served wholly concurrently with the other sentences. 

77I declare that you have been sentenced on Charges 1, 2 and 3 on the main indictment as a serious sex offender, and direct that that be recorded in the records of the court. 

78You are to be registered on the Sex Offenders Register for life; my associate will shortly bring you a document to sign to acknowledge that you have received it. 

79I order that the forensic sample taken from you be retained and entered in the DNA database for this state, pursuant to s.464ZF of the Crimes Act. The reason I order that is the seriousness of the offending and that it was not opposed.

80Under s.6AAA of the Sentencing Act, I am required to state what sentence would have been imposed if you had not pleaded guilty to the charges for which you did plead guilty. That is an artificial statement in this case because you were found guilty by a jury on the charge of rape, which I have regarded as the most serious of the offences.

81If you had not pleaded guilty to Charges 1 and 2 on the main indictment, but had been found guilty by a jury, I would have sentenced you to four years of imprisonment on Charge 1 of aggravated burglary and 12 months on Charge 2 of indecent assault, and your total effective sentence together with the charge of rape would have been six years and eight months' imprisonment with a non‑parole period of four years and five months. 

82On the separate indictment for theft, if you had not pleaded guilty, your sentence would have been one month imprisonment. 

83Now take a seat for a while Mr Pirimapun. There are some documents that have to be checked by your counsel and then provided to you.  First of all, my associate, Mr Casement has the paperwork for the Sex Offenders Register Act. 

84MR CASEMENT:  Yes, that looks in order, Your Honour. 

85HER HONOUR:  All right, my associate will take it to Mr Pirimapun and through the interpreter I will explain.

86Mr Pirimapun, this is a document that you are asked to sign to show that you have received it.  It sets out that on your release from prison, you will have to report to police under the Sex Offenders Registration requirements.  Depending what the Department of Immigration does, that might not take place, but you have the documents and hopefully when it comes towards the time when your release is coming up, it will be possible to have someone interpret and explain that to you in detail.  I will now ask you to sign that document to indicate or acknowledge that you have received it. 

87All right, I have signed the s.464ZF documentation; a copy is probably best provided to the defence solicitor, if that can be held and a copy for the prosecution.

88Now before I depart, technically is there anything that needs to be re-travelled?

89MS HARPER:  No Your Honour, it is all in order.

90MR CASEMENT:  No, Your Honour. 

91HER HONOUR:  All right, as I indicated earlier this morning, the difficulty in the wording because of the s.6(E) I think I - I hope I have covered it sufficiently. 

92MS HARPER:  Yes, Your Honour. 

93HER HONOUR:  I will ask that Mr Pirimapun be removed from the courtroom.  Mr Casement, will you visit - - - 

94INTERPRETER:  Alfons wish to say thank you, that is all.

95HER HONOUR:  Mr - your barrister will come to see you, your lawyers will come and explain the sentence to you. 

- - -