Director of Public Prosecutions v Pliatsikouras, Peter
[2013] VCC 121
•20 February 2013
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-11-00365
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PETER PLIATSIKOURAS |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 31 January 2013 | |
DATE OF SENTENCE: | 20 February 2013 | |
CASE MAY BE CITED AS: | DPP v Pliatsikouras, Peter | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 121 | |
REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited: R v Jones [2004] VSCA 68; Verdins & Ors (2007) 16 VR 581;
R v Schwabegger [1998] 4 VR 649.
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B. Stougiannos | Office of Public Prosecutions |
| For the Accused | Mr A. Burns | GPZ Legal |
HER HONOUR:
1
Peter Pliatsikouras, you have pleaded guilty to three charges of assault and two charges of recklessly causing injury. Those offences occurred between
11 March 1996and 16 August 1998. The complainant in relation to each of the charges was your then wife, Soula Vaitsis. The maximum penalty applicable at that time on the charge of assault in Charge 1 was "at large" and Charges 2 and 4 five years’ imprisonment. For the charges of recklessly causing injury, a maximum of five years’ imprisonment.
2 These crimes arise out of events which occurred over an extended period of time, approximately 2 years and 5 months.
3 It is not necessary for me to recount in great detail the facts of this matter as they are on transcript, the matter having been opened in some detail by the learned prosecutor. I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of your plea hearing. It is sufficient for present purposes to simply say that, in my opinion, the facts of your offending are a serious and disturbing example of domestic violence.
4 Briefly by way of background to your offending.
5 You and Ms Vaitsis have known each other since childhood. In approximately 1995, Ms Vaitsis broke up with her then fiancé, and you began to see each other regularly. A romantic relationship developed and you married on 27 April 1996. You are 48 years of age and Ms Vaitsis is nine years younger than you. Throughout the relationship you and she had many arguments and tensions.
6 There is a son of your marriage born in 1999.
7 Ms Vaitsis finally left you in December 2001. Thereafter followed protracted family law proceedings regarding the custody of your son.
8 It was not until 2007 Ms Vaitsis made her first statement to police detailing the violent assaults to which she had been subjected during her relationship with you. Thereafter she made further statements, the most recent in February 2010. She kept a diary of those incidents, reflected in the charges before me.
9 Initially, you both lived in a unit in St Kilda. The first home you owned was in Reservoir which you purchased using money Ms Vaitsis received from a car accident. You moved to that unit in early 1997 and remained there for a number of years before moving to Lalor.
10 A committal hearing was held on 1-3 March 2011, you having been charged on 9 June 2010, approximately three years after Ms Vaitsis’ first statement to police regarding your offending 13-15 years earlier. You pleaded not guilty to all charges at that stage which involved allegations of both sexual and physical assaults at that time.
11 Following the contested committal, this matter was finally resolved to the five charges that are before me on 17 October 2012 and you pleaded guilty to them on 22 October 2012, which was the date that your trial was due to commence.
12 Turning specifically to the charges. On 11 March 1996, when living at St Kilda, you threw an ashtray at Ms Vaitsis and hit her in the face as you thought she was teasing you, Charge 1.
13 On 3 September 1997 you picked Ms Vaitsis up from work. You argued about her cousin’s 21st birthday, which was due to take place on 6 September. You punched Ms Vaitsis to the right arm, Charge 2. You stopped your vehicle outside a telephone box and pushed her out of the car. Ms Vaitsis rang her parents and 000. Her mother came to collect her and together they went to your unit in Reservoir to collect her clothes. She told you she was leaving and began to pack. You started to argue with Ms Vaitsis’ mother. You said you would get help the next day. As a result, Ms Vaitsis decided to stay.
14 On 11 November 1997 you assaulted Ms Vaitsis in the backyard at Reservoir. You became angry because her mother was going with both of you to visit a cousin who was in hospital. You hit Ms Vaitsis with a broom handle to her head, left arm and back. She nearly passed out from the blows to her head. Ms Vaitsis sustained bruising from the blows to her back and arm, being Charge 3. Following this incident, you said you accepted you needed psychiatric help.
15 The bruising on Ms Vaitsis’ back was witnessed on that occasion by Tracey Bedford, who also saw the smashed broom. Ms Vaitsis also told Ms Bedford you had hit her with that broom.
16 Charge 4 involved two incidents. The first occurred on 15 March 1998 and the second on 30 July 1998. For the purposes of sentencing, this is a rolled-up charge. The principles relevant to sentencing on rolled-up charges are stated in R v Jones [2004] VSCA 68.
17 The first incident in Charge 4 occurred on 15 March 1998. Ms Vaitsis had her mother cut her hair. She told you she was doing this but you had apparently forgotten. You noticed Ms Vaitsis’ hair had been cut. She tried to explain to you that she had told you previously about it and that you were okay with it. You pulled her hair, threw items at her and called her a slut. You later apologised and said you did not mean to hurt her.
18 On 30 July 1998, the second incident in Charge 4, Ms Vaitsis told you she wanted to leave you. You grabbed her by the face and smashed it hard against the kitchen wall near the oven. You grabbed Ms Vaitsis’ wrists and she told you she hated you and you headbutted her.
19 Turning to Charge 5, recklessly causing injury. On 16 August 1998, at your Reservoir home, you headbutted Ms Vaitsis because she was not watching football with you which you perceived was her ignoring you. She had a sore nose for a week and bruising and swelling.
20 Ms Vaitsis’ mother, Paraskevi Vaitsis, brother, Tom Vaitsis, and friends and workmates, Tracey Bedford, Julie Acton, Annette Burkhalter, Paul O’Neil and Jennifer Sheldrick, observed injury (bruising) sustained by Ms Vaitsis as a result of the various assaults by you and also some friends/family saw damaged property. The complainant also told them that she had been hit by you.
21 You were questioned by police in relation to your offending and at the time made a “no comment” record of interview, which of course was your right.
22 You have now pleaded guilty to the five charges before me and you are entitled to have that fact taken into account in your favour and I do so. The community has, by your plea, been spared the time and cost of a trial and witnesses have been spared the ordeal of having to give evidence upon your trial and, in particular, I refer to your ex-wife, Ms Vaitsis. I accept your plea of guilty indicates remorse for your offending.
23 I accept that the charges you now face are significantly different from those initially charged by the prosecution and that the resolution of this matter involved protracted negotiations with the prosecution. Ultimately, as I said, you pleaded guilty on 22 October 2012. I accept that you were attempting to resolve this matter to a suitable Indictment from the time of the committal hearing on 1-3 March 2011.
24 You have admitted one prior court appearance at Melbourne Magistrates’ Court on 18 November 1994 for a charge of possession of cannabis. That matter was adjourned without conviction to 18 November 1995. For the purposes of sentencing you for violence offences today, I disregard that prior court appearance.
25 A victim impact statement is before me and I accept Ms Vaitsis has suffered considerably as a result of your offending and I shall return to pass some remarks on that subject shortly.
26 Your counsel, Mr Burns, conceded the charges before me were very serious and that your offending had occurred over a significant period of time, that is approximately 2 years and 5 months. He, however, relied in his plea upon a number of matters in mitigation of your sentence including delay, not only between your offending and the initial statement made by Ms Vaitsis in 2007, but also the delay in you being charged and ultimately being dealt with for these offences.
27 Delay is, I accept in your case, a relevant sentencing consideration in mitigation of your sentence and in particular, in this regard, I note the concession by the prosecution that there has not been any subsequent offending by you. Such is relevant when assessing your rehabilitation prospects.
28 Mr Burns in his plea also relied heavily upon your plea of guilty and I have already referred to the ongoing negotiations with the prosecution in an attempt to resolve this matter.
29 I also accept, whilst not being relied upon as exceptional circumstances, that you are the “carer” of your parents, and also since October 2012, when charged, I was told you had not seen your son. Absence from your parents and lack of contact with your son, I accept, would make your time in custody more onerous for you.
30 Mr Burns was also not relying in your plea on the principles in Verdins & Ors (2007) 16 VR 581.
31 There was a report before me from Mr Jeffrey Cummins, Consulting Clinical & Forensic Psychologist, dated 24 January 2013 who assessed you on 21 January 2013. There was also a chronology prepared by your instructing solicitor further elaborating on that report and also containing your instructions.
32 At interview with Mr Cummins, he described your background and history. You came to Australia from Greece in 1968 when you were 3 years of age. You returned briefly to Greece in 1979 to visit relatives and later returned to Greece in approximately 1992 at which time you were required to complete compulsory army service. You ended up spending nearly two years in Greece at that time. Upon returning to Australia from Greece in mid 1994 you were briefly unemployed following a break to your leg.
33 You are currently living with your parents in Richmond and, as I said, for the past two years you have been in receipt of a carer’s pension in relation to them.
34 You described being very close to your father who suffered with tablet-dependent diabetes and elevated blood pressure. Your mother has been retired for in excess of 10 years and she had no documented mental health history. She had, however, had seven operations, including surgery to fit steel to her spine. You described being very close to your mother. Despite their medical problems, both parents could still drive a motor vehicle. As previously stated, Mr Burns was not relying upon "family hardship" in mitigation of your sentence.
35 You have one sibling, a sister 42 years of age who lives in East Doncaster with two children and you described a close relationship with her.
36 You attended Brighton Street Primary School in Richmond, then Richmond High School from Years 7 to 12. Whilst at high school you met Ms Vaitsis when she moved with her family to your street.
37 After completing your education you obtained employment at Tuckerbag in Camberwell where you worked there for five years. You then worked at Safeway in Camberwell for two years, then at Forest Hill Safeway as Manager for 18 months.
38 After leaving Forest Hill Safeway you purchased a truck and did delivery work initially for Vieth Transport, then Mainway Transport and IPEC until you were 28 years of age. It was during this time you travelled to Greece to spend time with your grandmother and completed army service, to which I have previously referred.
39 You returned from Greece, as I said, in 1994 and in that same year attended your ex-wife’s engagement party. That engagement did not continue and, as I say, your relationship with Ms Vaitsis commenced in 1995.
40 In 1995 you began work as a machine operator with Jaydee Quilt Styles Pty Ltd, then became a delivery driver for them.
41
Ms Vaitsis gave birth to your son, Yianni (Jonathan), in 1999. Ms Vaitsis, you said, left you in December 2001 and some details were provided by you to
Mr Cummins regarding the Family and Federal Magistrates’ Court proceedings in relation to your son, which I gather began in 2003.
42 Your son is now 13 years of age and has mild to moderate autism. There was no further material provided to me other than your instructions to Mr Cummins in that regard. Your instructor had spoken to your son, the latter telling him Jonathan was upset about his lack of contact with you.
43 I accept there has been lengthy and protracted Family Court proceedings, involving a significant number of court appearances. Up until October 2012, when you were arraigned on these charges, you were having fortnightly contact with your son which I understand ceased from that date.
44 You do not have any significant health problems and have never been hospitalised in a psychiatric hospital.
45 In the chronology there was reference to you having had a heart attack in 2003. However, this was also not being relied upon by Mr Burns in relation to any of the Verdins principles.
46
When discussing your relationship with your ex-wife with Mr Cummins, you described at times that you felt frustrated with her and acknowledged you expressed your frustration in inappropriate ways. In the opinion of
Mr Cummins, you were unlikely to have a general anger management problem. In his opinion your offending behaviour was situationally motivated.
47 You expressed regret and shame regarding your offending to him and said you had “moved on” from your marriage. You are currently single.
48 Turning to your mental state examination. Mr Cummins concluded you were not psychotic or schizophrenic and did not present as having an antisocial personality disorder. You did not have any personality disorder, although you had a dependent personality style. You did not appear to have an attitude problem. You presented as normal, although of low average intelligence. You were worried about lack of contact with your son.
49 Mr Cummins noted you have never been required to take anti-depressant or anti-anxiety medication. In the opinion of Mr Cummins, you were reporting symptoms of a chronic adjustment disorder with mixed anxiety and depressed mood.
50 Two references were before me. One from Akilas Toutzogliou, undated, who met you when he was working for Jaydee Quilt Styles Pty Ltd. He has known you for 17-18 years. He trained and managed you when you worked for Jaydee. He was aware of the charges before the court and stated they were out of character for you at work and socially.
51 There was also a reference from Dr George Androutsopoulos. His parents and your parents immigrated to Australia in the mid 60’s. He was aware of the charges before the court and such were out of character for you. He had known you for many years with both his family and yours often socialising together.
52 I accept the submission by Mr Burns that these references describe a different person now compared with 13-15 years ago when you committed the offences before me.
53 Mr Burns conceded general deterrence was an important sentencing consideration for your offending and he is correct. Domestic violence is deplorable and is not acceptable in a civilised society, our society. Unfortunately, such offending usually occurs in the home behind closed doors, or in secret if you like, on those weaker and more vulnerable than the assailant. Yours was vile behaviour. General deterrence and denunciation are particularly relevant when sentencing for this offending. Mr Burns, however, urged that I bear in mind your offending occurred many years ago. I have not lost sight of that (see R v Schwabegger [1998] 4 VR 649 at p.659).
54 Regarding specific deterrence, Mr Burns submitted whilst there were a number of charges before me, ie. five charges involving six episodes of violence, you are now a different person from the person who committed these offences in 1996-1998.
55 I must also consider your prospects of rehabilitation. I accept that, in particular, your lack of involvement with the criminal justice system since this offending, that your prospects of rehabilitation are good. Such is further supported by the references, to which I have previously referred.
56
There was a victim impact statement before me sworn by Ms Vaitsis on
9 January 2013. The contents of her statement were read to the court. As I discussed with counsel, I am conscious I must be careful when considering the contents of her victim impact statement, particularly as the charges for which you are now to be sentenced are significantly different from the original charges. That is not to suggest, of course, that the current charges are not serious on their own.
57 I do, however, accept the offending to which you have pleaded guilty has adversely affected Ms Vaitsis and that she has needed to see a psychologist and is on medication. Further, Ms Vaitsis described difficulty trusting and developing relationships with men as a result of your offending against her and this, to me, seems quite understandable.
58 The effects upon a victim are a relevant sentencing consideration (see s.5 Sentencing Act 1991). I am conscious, however, that I must not allow the effects upon a victim to swamp the sentencing process.
59 Mr Burns' primary submission was that taking into account all relevant sentencing considerations, I could sentence you to a Community Corrections Order.
60 His secondary submission, without abandoning his primary submission, was that should a term of imprisonment be the only disposition available, then I should wholly suspend that term of imprisonment.
61 Mr Stougiannos, on behalf of the prosecution, submitted all sentencing options were available to me. He stressed the serious nature of your offending. It is. He submitted there should be denunciation of your conduct. There should. Mr Stougiannos acknowledged the delay in this matter being brought to the attention of the police, also the delay in finalisation of the matter, also that you had pleaded guilty, and that you had only one prior court appearance. As I have previously stated, I do not regard that court appearance as being relevant when sentencing for the charges that are before me.
62
Mr Stougiannos noted your offending in Charge 3 involved the use of a broomstick, and that such was an aggravating feature of that offending.
Mr Burns agreed such was an aggravating feature. It is.
63 When sentencing I must take into account such matters as deterrence, especially general deterrence, which is of considerable importance in a case such as this, as I have previously stated.
64 There is also an element of specific deterrence applicable when sentencing you, as there are five charges before me reflecting six occasions of violence. In other words, this was not "one-off" offending, rather occurred over a significant period of time, approximately 2 years and 5 months. However, having said that, these offences are now dated and you have not been involved with the criminal justice system since. Whilst there is an element of specific deterrence required when sentencing you, it need not loom large in the sentencing process.
65 I must also consider the question of protection of members of the community from you and bear in mind the likelihood of your re-offending. Again, I am comforted to a degree you have not offended since 1998.
66 I am called upon by the Sentencing Act to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
67 I arranged to have you assessed for a Community Corrections Order. I received a report from Ms Belinda Sharman which indicated you were suitable for such an order, although there appeared at that stage to be a concern by her regarding your ability to perform unpaid community work as part of such an order. I discussed this with counsel and expressed my opinion regarding the inappropriateness of a Community Corrections Order if such did not include a work component.
68 As a result of this discussion, your counsel sought time to provide material relevant to your ability to perform unpaid community work. Your plea was adjourned to today's date to enable this material to be obtained and forwarded to the prosecution, my Associate and Ms Sharman, or her delegate, for further consideration.
69 A report was received by my Associate from your solicitor on 19 February 2013 attaching a report from Dr Andrew Davaris, your General Practitioner. He said you have been a patient of his clinic for approximately 20 years and listed your relevant medical history. He concluded that he “did not envisage any issues within your current physical capacity” which would prevent you engaging in community work of a physical nature.
70 This report was forwarded to the Office of Community Corrections and Mr Shannon Timmins, Community Corrections Officer, provided a response regarding your ability to perform community work as being part of a Community Corrections Order. The report of Dr Davaris, he said, would be taken into account when determining appropriate placement for community work.
71 Further recommendations made by him were that such an order include you participating in an assessment for your mental health with your general practitioner and engaging in psychological treatment if deemed suitable.
72 A further recommendation was made that you participate in an assessment in relation to anger management.
73 I regard your offending behaviour as very serious indeed. It involved violence over the most minor, trivial and irrelevant of matters in an attempt to dominate and/or to control Ms Vaitsis. You physically abused your wife on six occasions. As I say, there is no place in civilised society for violence in a domestic relationship. It is deplorable.
74 The significant matters in your plea are, in my opinion, delay, your plea of guilty, the very different charges before me compared with the charges laid, your good rehabilitation prospects, and your remorse for your offending. The delay, in particular, has led me to determine the appropriate sentence, and I should say this is the primary consideration for me. Having taken all these matters into consideration, however, and yet not losing sight of the gravity of your violent offending towards your ex-wife, I consider it is appropriate in all the circumstances to accede to Mr Burns' primary submission regarding sentence.
75 However, before I do that you have to agree to this order. Can you understand me? All right, if you want to go back and help him on this point?
76 MR BURNS: Yes please, ma'am.
77 HER HONOUR: Just explain, if you can, as we go. Just listen carefully.
78 Now, on each of the charges I intend to impose a Community Corrections Order, however, before I make such an order I must tell you something about it and find out if you consent to the order being made in the terms I propose.
79 The Order will be with conviction, I just state that for completeness. I am not sure what the Act says these days but it is certainly with conviction.
80 The duration of the order will be two years and six months from today’s date, being 20 January 2012.
81 There are a number of core conditions attached to the order. Now, because he needs to understand this to agree to it, I don't want any hiccups later on, does he need an interpreter?
82 MR BURNS: No, Your Honour. He understands english very well.
83 HER HONOUR: He does.
84 MR BURNS: My intention was, as the judgment was being delivered it was fairly rapid and he lost some of it but he understands what Your Honour - - -
85 HER HONOUR: All right, well I will take it a bit slower because these are conditions and I need to know he agrees to them.
86 MR BURNS: Yes, Your Honour.
87 HER HONOUR: So you have spoken to him and you agree he can understand English.
88 MR BURNS: Absolutely, Your Honour.
89 HER HONOUR: Excellent.
90 There are a number of core conditions. These are mandatory. No negotiation about any of these I might add, but certainly not these that apply to this order and you have got to listen carefully because they apply to you. You cannot come back before me and say "Gosh I didn't know about that one".
· You must not commit, whether in or outside Victoria, during the period of the order (ie. over the next two and a half years), an offence punishable by imprisonment.
Now, I just digress. Be very careful. It can include an awful lot of things you do not know about. I think driving whilst disqualified still carries a potential gaol term. You have got to be careful.
· You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the two and a half years.
So if the Office of Corrections worker tells you to do something, you have got to do it.
· You must report to the Community Correctional Services at Carlton within 2 days from today, that is by 4.00pm this Friday, 22 February 2013.
If you do not, there is no point turning up half an hour later. You have breached the order. So you have got to be there by 4.00 pm at the latest, not ten past four, this Friday.
· You must notify the Secretary, or his or her nominee, of any change of address or employment within 2 clear working days after that change.
You have got to tell your Corrections Officer. If you get a job you have got to tell them within 2 days of getting the job. If you move address, you have got to tell them within 2 days of changing your address.
· You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.
So you cannot go on holiday up to Queensland, sit on the beach or anything like that until you have told the Corrections Officer and they agree you can go. Do not leave Victoria without permission.
· You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the order.
So they will tell you what to do, you do it. It will be reasonable. Do it.
91 Now, they are the basic conditions. That applies to everybody. They also apply to you but I am adding a few extras for you. These apply to you as well and these are part of the order:
· You must complete 300 hours of community work over the next 18 months of the order;
· You will be supervised, monitored and managed as directed by the Secretary and/or his or her nominee;
In other words, you are going to be supervised by a Community Corrections Officer. There will be meetings to attend with them. Do you follow? No excuse such as "Got to go to work". No excuse as such as "No, I'm on holidays".
· You are to undergo medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility;
Now, I do not expect the residential facility business to occur but that is in line with the recommendation that was made by the Officer of Corrections worker at 48D(3)(d) that you can see on the front page.
· You are to be assessed by your general practitioner regarding your mental health and engage in psychological treatment if deemed suitable.
That is consistent with the report, see s.48D(3)(e).
· You are required to participate in an assessment and, if required, treatment in relation to your anger management.
That is consistent with s.48D(3)(f) that you can see on that report.
92
Now, all of those conditions apply to that order. If you breach any of those conditions, this is what happens. You come back to me and I have to
re-sentence you for these five charges. I have to come up with another idea for sentence and I can tell you what it will be, gaol, immediate. No second chances. This is your chance today. You cannot go before another judge, you cannot breach it and say "Look, I'll have another judge. I don't like her", you cannot do that. It is me and I will re-sentence you. Do you understand? I particularly want you to understand that one, if you breach it.
93 Now, you are aware of all those conditions.
94 PRISONER: Yeah.
95 HER HONOUR: And you are aware what happens to you if you breach that order. Do you consent to being placed on that order?
96 PRISONER: Yes.
97 HER HONOUR: Do you consent - a nice loud voice. Can you say "I consent to being on the Community Corrections Order" in a nice loud voice.
98 PRISONER: I consent to being on this Community Based Order.
99 HER HONOUR: That is close enough. It is being recorded in case I have to revisit this.
100 Now, should I need to revisit this sentence, which I hope I do not, for the sake of completeness I understand you have not completed any days in custody by way of pre-sentence detention pursuant to s.18(4) Sentencing Act 1991. Is that right? No days in PSD?
101 MR STOUGIANNOS: Apart from the remand you had him for a couple of hours over lunch last time.
102 HER HONOUR: No, that is not a - no days pre-sentence - - -
103 MR STOUGIANNOS: No days pre-sentence, Your Honour.
104 HER HONOUR: All right, we will call it one just for the heck of it.
105 One day PSD. You have completed one day, I will call it. I do not really think that was a day but we will be generous. If I have to revisit this, which means if I sentence you to gaol later on I will knock a day off for you. Right?
106 Pursuant to s.6AAA Sentencing Act 1991, had you been found guilty of these offences following jury verdict, ie. if you had pleaded not guilty to these five charges but been found guilty of them, I would not have imposed a community corrections order at all. Rather, I would have sentenced you to a term of imprisonment of 4 years and ordered that you serve 3 years in gaol.
107 Now, I don’t think there was anything else, was there? So do you consent to that order? Yes?
108 PRISONER: Yes.
109 HER HONOUR: Good. My associate is coming back down to you now to sign that you acknowledge you are going to be on that order. Thank you. Now, don't forget you have to report by 4.00 pm on - - -
110 PRISONER: Friday.
111 HER HONOUR: Friday, good. Your instructor will no doubt tell you all about that and your barrister will tell you all about that but I don't want to see you again. It wont be good news if you do.
112 All right, thank you counsel for your assistance in this matter. Is there anything else?
113 MR STOUGIANNOS: No, Your Honour.
114 MR BURNS: No, Your Honour.
115 HER HONOUR: All right, thank you.
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