Director of Public Prosecutions v Raccanello
[2021] VCC 702
•28 May 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-20-01686
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JARED RACCANELLO |
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JUDGE: | HER HONOUR JUDGE M. SEXTON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 April 2021 | |
DATE OF SENTENCE: | 28 May 2021 | |
CASE MAY BE CITED AS: | DPP v Raccanello | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 702 | |
REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords: Extortion with a threat to kill – Theft – Arson – Extortion with a threat to endanger life
Sentence: TES: 15 months imprisonment with 20 months on a Community Correction Order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Albert | Office of Public Prosecutions |
| For the Accused | Mr B. Johnston for plea Mr S. Thomas for sentence | Balmer & Associates |
HER HONOUR:
1Jared Raccanello, on 8 April 2021 you pleaded guilty as follows:
· one charge of extortion with a threat to kill (Charge 1);
· one charge of theft (Charge 2);
· one charge of arson (Charge 3); and
· one charge of extortion with a threat to endanger life (Charge 4).
2
The charges of extortion and the charge of arson each have a maximum sentence of 15 years' imprisonment. The charge of theft has a maximum sentence of
10 years' imprisonment.
3You also consented to this court dealing with a summary charge of committing an indictable offence whilst on bail and pleaded guilty to that charge. That has a maximum sentence of 30 penalty units or three months’ imprisonment.
4Your personal history and your offending history are somewhat complex. To make it easier, I will incorporate both in the following chronology, which is drawn from the prosecution summary[1], your counsel’s written submissions[2], your Criminal Record up to 9 October 2020[3] and the psychological report[4] and psychiatric notes[5] tendered on your behalf. The offending for which I am sentencing you is underlined in the written reasons for sentence.
[1] Exhibit A
[2] Exhibit 1
[3] Exhibit 6
[4] Exhibit 2
[5] Exhibit 3
31 March 1992 Your date of birth in Queensland
Around 2009 Moved out of home for final months of Year 12, lived with a friend
Completed Year 12; began smoking cannabis
2010 - 2013Completed Bachelor of Mechanical Engineering with Honours, lived on campus for one year and then shared rental accommodation
Recreational use of MDMA
Around 2014 Moved to Canada, mostly unemployed and ‘partying’
Using up to 3 grams of cocaine a day
August 2014 First episode of Major Depressive Disorder, in Canada
First suicide attempt
October 2014 Returned to Australia (Queensland)
Employed in several low-skilled jobs
February 2015 Began smoking methamphetamine (speed)
March 2015Arrested and held in custody in Queensland for driving, drug, damage, assault and weapon offences
While in custody, diagnosed with Bipolar disorder (BPAD)[6]; commenced olanzapine but discontinued after about a year because of side effects
[6] Exhibit 3 – Notes of Dr Heldari dated 15 June 2015
15 June 2015 Fined and released on probation for 2 years; no declaration of time served in pre-sentence detention as no imprisonment was ordered
Sept 2015-Jan 2016 Employed in FIFO construction role
January 2016 Moved to Melbourne, lived with younger brother for next 18 months
Abstained from smoking speed; used MDMA, ketamine, LSD and cannabis
Employed in various construction roles
December 2016 Received 6 months bond in NSW for possession of prohibited drug
2017In Melbourne, introduced to James Mavrokokki, an accountant, by your brother
Late 2017Further suicide attempt
June 2018While in a manic episode, lost entire savings in a pyramid scheme, precipitating second Major Depressive Disorder episode which lasted until April 2019
April 2019Resumed use of speed, with daily intravenous use of a few points
As you recovered from the depressive episode you became manic while heavily abusing speed, with grandiose ideas to start a construction company and were desperate to replace the money lost in the pyramid scheme
Early to Mid 2019 Engaged by James Mavrokokki to do renovation work on his office; agreement for $8000, with $3000 cash upfront and the balance to be offset by Mavrokokki setting up a company for you
Mavrokokki told you of the substantial debt owed by Langadiotis which had not been recovered; it was agreed that you try to collect the money and keep half of what you collected
Your work on Mavrokokki’s office petered out and you did not complete it; he did not set up the company
Mid June 2019 Began attending Mavrokokki’s office demanding more money for the renovation work
1 July 2019Met a stranger (Altay) at a Bunnings store and arranged for him to drive you around to certain places in return for $100 and petrol money
After smoking cannabis together for a few hours, he drove you to the house where Arthur Langadiotis lived with his mother, Efthymia Nikitakis, a woman in her late 60’s
You spoke to Langadiotis when he answered the door, showed him a photo of him and his son given to you by Mavrokokki, and made the threats to kill and demand for money that constitutes Charge 1 of extortion[7]
[7] Exhibit A – Prosecution Opening, paragraph 5
Ms Nikitakis came out and told you to leave. Instead, you asked Langadiotis about a BMW car, one of three cars in the driveway, and said you would be back to ‘jump start’ it
You asked if you could use the bathroom and have a drink; Langadiotis said you could not come in, but he would get you a glass of water. You followed him in, used the bathroom, stealing a hairdryer you saw there, went to the kitchen, drank a glass of water, stole a vase you saw there, cleaned the glass and wiped most surfaces you had touched, and left the house, stealing a copper pot at the front door; these thefts constitute Charge 2 of theft[8]
[8] ibid, paragraph 8
Langadiotis and his mother reported the incident to the police
Start of July 2019 Began demanding money from Mavrokokki; first, you demanded the balance of the money for the renovation work as you no longer needed the company to be set up, however, the renovation had not been finished by you; then you demanded money for trying to collect the Langadiotis debt. Mavrokokki said you were not entitled to any money
4 July 2019Police arrested you for an unrelated offence of possessing a drug of dependence and you were taken to Box Hill Hospital for ‘mental health issues’; it is unclear if you were admitted as a psychiatric patient, as no mental health record exists. You remained there overnight and were discharged the following day
7 July 2019Returned to the Langadiotis house. A car belonging to Ms Nikitakis was parked on the street. You poured acetone on it, and lit a fire which was ignited the rubber strip on the roof with the acetone running to beneath the door sills; this act constitutes Charge 3 of arson[9]. The car was damaged.
[9] ibid, paragraphs 13-14
10 July 2019 You were arrested and interviewed regarding the offences in Charges 1 – 3, and then bailed to the following day for a filing hearing
11 July 2019 Bail was extended to the committal mention on 7 November 2019
Later the same day, you and Mavrokokki agreed to meet and you told him you had put a gun to Langadiotis’ head and torched his car, so that Mavrokokki owed you
13 July 2019 Mavrokokki sent you a text about the renovation and told you not to worry about it
19 August 2019 Arrested for unrelated offences of criminal damage, graffiti, possession of a weapon, going equipped to steal and committing an indictable offence whilst on bail; you were remanded in custody
24 August 2019 Sent Mavrokokki a letter from gaol[10] demanding that he visit you
[10] ibid, paragraph 16
19 September 2019 Sentenced for the offences from 19 August, receiving a with conviction adjournment for 12 months on conditions including attendance on your doctor to obtain a Mental Health Plan. The time on remand was not declared as pre-sentence detention as no imprisonment was ordered
24 September 2019 Left a note for Mavrokokki with a staff member
8 October 2019 Following an exchange of mutually abusive texts and phone calls between you and Mavrokokki, you threatened in one phone call to “put a hole in [him]” if he did not hand over $60,000; this constitutes Charge 4 of extortion[11]
[11] ibid
12 October 2019 Attended Mavrokokki’s office on two occasions, making a gun symbol with your hand on one occasion; you were wearing strange clothing and acting strangely. Mavrokokki reported you to police
19 October 2019 Motorcycle accident in which you received severe injuries to your hand requiring surgery, and were charged in relation to the accident
25 October 2019 Arrested and remanded in custody for criminal damage and arson, where you had poured fuel onto a footpath and nature strip and set it alight
19 November 2019 Arrested and charged with Charge 4
28 November 2019 Convicted and fined for drug possession charges including ketamine, heroin and psilocybin, and a weapon offence
13 December 2019 Sentenced to 30 days’ imprisonment for arson, a charge of intimidation towards a police officer, and committing an indictable offence whilst on bail; you had been in custody 49 days, so 19 days were unable to be declared as pre-sentence detention
16 January 2020 Bail revoked for these matters; you have been in custody since that date
Feb or March 2020 Returned to hospital regarding the hand injury sustained in the motorcycle accident
30 April 2020 Convicted and fined in relation to a number of unrelated charges including criminal damage, committing an indictable offence whilst on bail, theft and a weapon offence as well as offences from the motorcycle accident
9 October 2020 Sentenced to 60 days’ imprisonment for damaging property and assault; no pre-sentence detention was declared
2 December 2020 Committal hearing for current offences. Discharged on a charge of aggravated burglary; committed to trial on others
18 February 2021 This matter resolved to a plea of guilty
8 April 2021 Plea hearing in County Court
5Some of those topics I will be returning to in the course of the sentencing remarks.
6A criminal record was admitted by you, Mr Raccanello, which shows that you had a relatively minor history of offending before committing these offences. However, that did include similar previous convictions for damaging property, dishonesty and committing an indictable offence whilst on bail. For a fuller picture, I received a criminal record up to the date of 9 October 2020[12], but I acknowledge that the entries after 19 November 2019 are not prior convictions. Further, I am told that you have no outstanding charges pending.
[12] Exhibit 6
7I turn now to assess the objective gravity of your offending.
8It was conceded on your behalf that extortion is a serious offence and I agree. Charge 1, the extortion committed against Mr Langadiotis has features that make it a more serious offence than Charge 4, the extortion committed against Mr Mavrokokki.
9In Charge 1 you were a stranger who turned up at the door of Mr Langadiotis' house. You showed him a photo of him and his son and made significant threats to him and you intimidated his mother who was present. You went into their house, stole items and threatened to come back later and collect the BMW car. Even though they chose not to make impact statements, I find that both would have been affected by this threatening violation of the privacy of their home by an intimidating stranger and, in particular, note the impact on Ms Nikitakis, Mr Langadiotis' mother. I take this into account in deciding the appropriate sentence.
10For Charge 4, the victim of the extortion was known to you, and the two of you had been engaging in robust discussions about the arrangements between you for work each of you was going to undertake for the other. However, you took it too far with your threats and demands, and were aggressive in your contact with Mr Mavrokokki. While these aspects overall make it less serious than Charge 1, it is still a serious offence. Further, it is made more serious by the fact that it was committed while you were on bail for Charges 1-3, and while you were on an adjourned undertaking from the Magistrates’ Court to not commit any offences.
11Arson is also a serious offence. I accept that the car was not destroyed by fire, but was damaged. While the value of the damage to the car is not known, money had been apparently spent on it in order for it to be re-registered, and your setting fire to it affected the owners’ ability to do that. I take that into account in deciding the appropriate sentence.
12Charge 2 of theft of small items in this case is a silly, nuisance crime committed by you.
13The summary offence of committing an indictable offence whilst on bail is indicative of your situation at the time, as you were committing offences, being bailed or sentenced, and then committing more crimes with no regard to any court orders.
14It is clear that the offending in July and October 2019 for which I am sentencing you is more serious than offending you had engaged in before then. Against this serious offending, there are a number of matters that I must take into account in your favour.
15The first and most important of these is a consideration of your mental ill health at the time of the offending and the impact that may have had on your level of moral culpability.
16The material I received shows that within two days of committing the offences on 1 July, police who picked you up overnight on 3-4 July were concerned enough about your mental health to take you to Box Hill hospital. Unfortunately, there is no information available from the hospital. According to you, you were given Valium, were kept overnight and had a good sleep (you say you were sleep deprived), before being released.
17You reported to Ms Cokorilo, psychologist[13] that this admission was in the context of a manic episode when you say you were suffering infrequent auditory command and visual hallucinations and grandiose delusions, and [now] note impairment in your thinking and loss of insight[14]. At one part of her report, Ms Cokorilo notes that you expressed the belief that these symptoms were not caused by drug intoxication[15]; in another, you reported to her that over the course of the offending period, your manic state was exacerbated by heavy methamphetamine use.[16]
[13] Exhibit 2
[14] ibid [106]
[15] ibid [47]
[16] ibid [72]
18Further, as the chronology shows, you also told Ms Cokorilo that
·in June 2018, while in a manic episode, you lost entire your savings in a pyramid scheme, precipitating your second Major Depressive Disorder episode which lasted until April 2019,
·at which time you resumed use of methamphetamine, with daily intravenous use of a few points, and
·as you recovered from the depressive episode, you became manic while heavily abusing methamphetamine, with grandiose ideas to start a construction company and were desperate to replace the money lost in the pyramid scheme.
19Ms Cokorilo expressed the opinion that you present with the primary diagnosis of Bipolar Disorder complicated by your early commencement of drug abuse.[17] She infers that impulsivity and emotional dysregulation inherent in your psychiatric profile have predisposed you and led to the development of substance abuse as a form of self-medication. She formed the view that both Bipolar Disorder and substance abuse played a role in your past and current offending.[18]
[17]
[18]
20
She also said at paragraphs 110-113 of her report that your rapid decline in emotional and behavioural outcomes in recent years is interpreted in the context of the psychosocial stressors you were facing (your employment was terminated, you lost your life savings and had stopped living with your brother). With your impairment in emotional regulation and low coping resource, such adversity is thought by her to have set you on a trajectory of mental health deterioration and escalation in drug abuse. Your deteriorated psychological state and drug abuse would have further exacerbated the impulsivity and emotional instability inherent in bipolar disorder, leading to self-destructive behaviours and ultimately increasing your risk of engaging in criminal activity. Your self-medication with methamphetamine during this period heightened further your risk of engaging in impulsive and reckless behaviour. Ms Cokorilo noted that substance abuse can result in emotional dysregulation, disinhibited and poorly considered behaviour and impaired cognitive ability, insight, decision making, and judgment, as well as worsen underlying mental health issues. She is of the opinion that whilst your acute intoxication with methamphetamine contributed to actual commission of the offences, your untreated bipolar disorder, adversity and lack of appropriate support have also played a significant underlying role in the incidents and in your
self-medicating.
21Your counsel conceded that it is a complex question where an offender has significant mental health issues exacerbated by drug use. If you were aware that the drug use had a negative effect on your mental health, I could not take your mental ill health into account in deciding your level of moral culpability. Here, while it is possible that the experience of your first Major Depressive Disorder was due to feelings of inadequacy and failure relating to drug abuse, as well as not meeting parents’ expectations (as outlined in [43]), I do not have firm evidence in either direction. I do note that paragraphs [120] and [121] of Ms Cokorilo’s report also canvas this vexed question.
22Ultimately, although I cannot untangle the causes of your state of mind at the time of the offending, I have decided that your moral culpability should be somewhat reduced because of your mental health issues, particularly bearing in mind your overnight stay in hospital at the time of the offending and the bizarre behaviours that you engaged in throughout the period and which counsel drew to my attention.
23I do take into account that imprisonment has been more difficult for you because of your diagnosis and that Ms Cokorilo is of the opinion that further imprisonment would weigh more heavily on you than a person without your conditions. She also notes that you are unlikely to receive mental health treatment specific to your condition whilst in custody.
24You are now aged 29. You are young enough to turn your life around. However, given your problems, it will be a difficult road. Your parents provided a reference which I have read and considered and that bodes well for a reconnection to the family and the important support that can bring.
25In terms of your prospects for rehabilitation, I note, as I have already said, that this offending represents an escalation beyond what you had previously engaged in and there was this period of extreme offending, if I can put it that way, where you were committing offences, being bailed and then committing more offences. All of that appears in the chronology.
26I note that Ms Cokorilo assessed your risk as being moderate to high on the basis of your prior convictions, your history of substance abuse and the other factors that she takes into account in paragraph 117. But she forms the view that some of these risk factors are amenable to treatment and can be managed through a combination of psychological intervention and potentially psychotropic medication if your symptoms did not improve through psychological therapy.
27I find that you are at high risk of reoffending unless you can manage your mental health issues and avoid self-medicating with a range of serious drugs that you have used in the past, and used to a large extent.
28I take into account all of the matters raised on your behalf by counsel in both his written and oral submissions. In particular, I take into account your plea of guilty. At the committal, you were discharged on the most serious offence of those you were originally charged with. I take into account that you indicated soon after the committal your intention to plead guilty and that your plea has saved the time and expense of a trial, as well as saving the victims from having to give evidence in your trial. As a result, the sentence will be far less than would have been imposed, had you been found guilty after a trial.
29Further, I consider your plea of guilty is a sign of remorse for your criminal behaviour, along with your expressions of remorse to the psychologist, Ms Cokorilo.
30You were assessed for a community correction order and found suitable, although, at a high risk of reoffending, compared to the assessment of Ms Cokorilo of moderate to high.
31I note that the assessment report writer said you indicated you did not wish to be medicated in respect of mental health treatment and this was a feature also of Ms Cokorilo's report.
32At your plea, I was told by your counsel that you do in fact now agree to consider this, on the basis that you are now aware that there are many forms of medication available for treatment and side-effects can be managed, if not reduced, by working with your medical practitioner on the best regime for you. You should also bear in mind what I said before from Ms Cokorilo's report, that some of your risk factors can be managed through a combination of psychological intervention and potentially psychotropic medication, if symptoms do not improve through psychological therapy.
33So the point is, you need to be amenable to all forms of treatment if you are, in the end, going to be able to reduce your risk of reoffending. It may be that medication is not required or it is required in a completely different way to that which you have had before. It really is up to you.
34I also note the Mental Health Advice and Response Service report received at the same time as the Community Corrections report, helpfully set out that you have reasonable insight into the impact of your mental health and drug use on your offending behaviour, that you presented as at 8 April with mild mental health concerns and that these are matters that need to be taken into account by those who will be dealing with you following your sentence today.
35I have taken into account your background. As I have outlined in the chronology that I have not read out, but which will be in the revised sentencing remarks, you have a good education and outstanding academic achievements and had a stable family background. Your problems arose after your university degree when your drug use escalated.
36I take into account the time that you have spent in custody. You have moved frequently throughout the Victorian prison system but, despite that, you have been able to complete a course in drug and alcohol counselling through Caraniche, in support of which a report was received by me[19]. You are currently working as a kitchen billet and you have always been employed in some capacity during your time in custody. You have spent 439 days in pre-sentence detention, including today, which is a significant period of time, particularly as that has been throughout the entire COVID-19 pandemic. That has had a range of impacts on all prisoners and I take that into account. There has been reduced capacity for access to courses which have not been able to be conducted in person and of course, you have also been subjected to periods of lockdown in your cell because of the pandemic.
[19] Exhibit 5
37Your counsel submitted that your prospects of rehabilitation are intrinsically linked to your engagement with mental health treatment and remaining abstinent from drug use and I have already canvassed those matters.
38I have also taken into account the comparable cases in so far as any case can be compared to another. Each case, of course, must be assessed on its own facts and circumstances but both counsel helpfully provided me with a range of sentences for similar offending, in particular cases of extortion and blackmail.
39Your counsel submitted that, in all the circumstances, a sentence combining imprisonment with a community correction order was the appropriate sentence.
40In response, the prosecutor submitted that, taking into account the amount of time you have already served in pre-sentence detention, a sentence of imprisonment of up to 12 months combined with a community correction order was not outside the range of appropriate sentences.
41I am satisfied that a term of imprisonment must be imposed for some of the charges. However, I have decided that the combination of a prison sentence and community correction order meets the purposes for which sentencing is to be imposed in this case, including both punishment and rehabilitation.
42Rehabilitation is not only in your interests but is also in the interests of the community. If you are rehabilitated, your risk of reoffending is reduced and the community is thereby protected from you in future.
43My sentence of you must also seek to deter others from embarking on serious crimes and deter you from reoffending, although, I do acknowledge that, because of your mental health issues, deterring you has somewhat less of a role to play.
44In sentencing you to a combined sentence where the maximum term of imprisonment is 12 months or less, after deduction of presentence detention, ‘dead time’ from sentences for other offences cannot be taken into account as pre-sentence detention. Counsel carefully went through with me those periods of time that have not been taken into account in other sentences. Therefore, I have decided to reduce the period of the community correction order and not impose a punitive aspect of unpaid community work to take account of these other periods of time spent in custody which had not been reckoned or accounted for in any way.
45I will announce the formal orders in a moment, Mr Raccanello, but the outcome is that you will be sentenced to a total of 15 months’ imprisonment and, if you agree, I will release you on a community correction order for 20 months on your release from imprisonment, with the conditions I will outline in a moment.
46Because you must agree before I can release you on a community correction order, I need to tell you what the conditions are. The core conditions attached to every community correction order are that you must report to and receive visits from Corrections Victoria; must notify Corrections Victoria of any change of address or employment; must not leave Victoria without permission of Corrections Victoria; and must comply with any direction given by Corrections Victoria to ensure compliance with the order.
47I will also order that you comply with other conditions during that twenty months: that you be under supervision by Corrections Victoria; that you be assessed and receive treatment for mental health issues and drug abuse and dependency; and that you be assessed for suitability for other programs to reduce reoffending.
48So you are convicted and sentenced as follows:
· On Charge 1, extortion, 12 months' imprisonment.
· On Charge 2, theft, convicted and fined $500.
· On Charge 3, arson, six months' imprisonment.
· On Charge 4, extortion, eight months' imprisonment.
· On the summary charge of committing an indictable offence whilst on bail, one months' imprisonment.
49Charge 1 is the base sentence. I direct that one month of the sentences imposed on Charges 3 and 4 and the summary offence be served cumulatively on the sentence imposed on Charge 1 and on each other. That makes a total effective sentence of 15 months' imprisonment.
50I declare that you have served 439 days in pre-sentence detention, including today and that these are to be deducted administratively from the sentence I have imposed. That should leave 12 days remaining to be served which will hopefully allow time for you to source emergency accommodation, if necessary, through the ACSO ReStart Program and also, hopefully, avoid release into Victoria's current lockdown.
51So on completion of your term of imprisonment, I order that you be released on a community correction order for 20 months on the conditions I have outlined.
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HER HONOUR: So, Mr Raccanello, first of all, do you understand those conditions? I think you might be on mute. I'd just ask you to - - -
OFFENDER: Sorry, I'll just have a look at the - - -
HER HONOUR: No, that's all right, I can hear you now.
OFFENDER: Yeah, sorry about that. Ah, yes, Your Honour, I do agree to those conditions.
HER HONOUR: Thank you. So you understand them and you have just indicated you agree to those conditions. I need to tell you that if you do not complete any condition of the community correction order, including by reoffending, you'll be brought back before me to be resentenced and also be dealt with for not doing what you are ordered to do under the community correction order. So do you understand what will happen if you do not complete any condition of this order?
OFFENDER: Yes, Your Honour, I understand.
HER HONOUR: I should also tell you that the community correction order can be changed or in fact cancelled by the court if your circumstances change. To do that, you should get legal advice. Now, Mr Raccanello, your consent to and agreement to abide by the conditions of the community correction order has been audio-visually recorded and, therefore, there is no need to have you sign it, given that we are in a remote hearing and not in court. A copy will, of course, be provided to your solicitors. But once I announce the orders, you will be bound by that order. Now, could I just check, first of all, Mr Albert, are there any other orders required?
MR ALBERT: Just in terms of the formal order that's made by the court,
Your Honour, will there be a notation that that time, the dead time, was taken into account?
HER HONOUR: Well, I can do that. Because it's not an arithmetical calculation it's difficult to be specific about that and I don't propose to do so, but I can indicate that, as I've said, because I cannot specifically take that time into account, I have reduced the period of the community correction order and not imposed unpaid community work. So that dead time has been taken into account in that way.
MR ALBERT: Yes, I understand that, Your Honour, but if somehow it could be just noted on the formal order of the court - - -
HER HONOUR: Yes.
MR ALBERT: - - - so in the future we know - if Mr Raccanello comes up again for some reason, we know he's been given the credit for that dead time and will not get it again.
HER HONOUR: Yes, to the extent that that can be ascertained. So, yes, I understand that.
MR ALBERT: Thank you, Your Honour.
HER HONOUR: Mr Thomas, do you have any difficulty with that?
MR THOMAS: Not at all, Your Honour, no.
HER HONOUR: Thank you. All right, well I will formulate an appropriate set of words for that. Mr Thomas, anything further from your point of view?
MR THOMAS: No, Your Honour, other than a declaration pursuant to s.6AAA.
HER HONOUR: Yes, thank you, I had forgotten that. Mr Raccanello, what that means is that I need to declare what sentence I would have imposed had you not pleaded guilty and been found guilty after a trial. That's always a very difficult thing to do because there are so many things that are taken into account, not just the plea of guilty. However, thinking about the objective gravity of the offences, as I found them to be, but also taking into account your subjective matters, the best I can do is say that, if you had not pleaded guilty but had been found guilty after a trial, the sentence I would have imposed would have been a sentence of four years, six months’ imprisonment with a minimum term of two years.
MR THOMAS: As Your Honour pleases.
HER HONOUR: All right, so as I indicated, the chronology that sets out in incredible detail all of the matters that have been put by counsel, will be in the written reasons which will be provided in due course to the parties.
MR THOMAS: As Your Honour pleases.
MR ALBERT: If the court pleases.
HER HONOUR: Thank you. So finally, Mr Raccanello, any questions?
OFFENDER: Ah, no, that will be it, Your Honour.
HER HONOUR: All right, thank you. All right, well I thank everyone for their attendance late on this lockdown Friday afternoon and I will now adjourn the court sine die.
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