Director of Public Prosecutions v Revie
[2022] VCC 1959
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 22-00816
CR 22-01633
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL REVIE RAMI HOBLOS |
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JUDGE: | HER HONOUR JUDGE QUIN |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 27 October & 9 November 2022 |
DATE OF SENTENCE: | 9 November 2022 |
CASE MAY BE CITED AS: | DPP v Revie & Anor |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1959 |
REASONS FOR SENTENCE
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Subject: Burglary, destroy property, theft, attempted burglary, causing injury intentionally, aggravated burglary, damage property, possess drug of dependence, unlicensed driving, trespass, theft of a motor car, obtain property by deception, handle stolen goods and unlawful assault.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr L. Faust | OPP |
For Accused Revie | Mr S. Ranjit | Balmer & Associates |
For Accused Hoblos | Ms K. Volonnino | GL Lawyers |
HER HONOUR:
1Michael Revie, you have pleaded guilty to the following offences: three charges of burglary, Charges 1, 6 and 9; four charges of destroying property, Charges 2, 5, 7 and 10; two charges of theft, Charges 3 and 8; one charge of attempted burglary, Charge 4; causing injury intentionally, Charge 11; aggravated burglary, Charge 12; damaging property, Charge 13; possession of a drug of dependence, Charge 14. You have also agreed to have dealt with by me and pleaded guilty to the following summary offences: two charges of unlicensed driving, summary offences 9 and 12; and one charge of trespass, summary offence 14.
2ACCUSED REVIE: Yes, Your Honour.
3HER HONOUR: Rami Hoblos, you have pleaded guilty to one charge of theft of a motor car, Charge 1; one charge of obtaining property by deception, Charge 2; and three charges of handling stolen goods, Charges 3, 4 and 5. You have also agreed to have dealt with by me and pleaded guilty to the following summary offences: unlawful assault, summary offence 4 which is related to Charge 11 of Revie's; and two charges of trespass, summary offence 2 and 8. These both related to Charge 12 and Summary Charge 14 of Mr Revie's.
4The relevant maximum penalties are as follows: for burglary, 10 years; attempted burglary, five years; aggravated burglary, 25 years; theft, 10 years; criminal damage, 25 years; causing injury intentionally, 10 years; unlicensed driving, 60 penalty units or six months' imprisonment; trespass, 25 penalty units or six months' imprisonment; unlawful assault, three months' imprisonment; obtaining property by deception, 1200 penalty units or 10 years' imprisonment; handling stolen goods, 1800 penalty units or 15 years' imprisonment. And with theft of a motor car, there is also a provision for interference with driver's licences.
5The circumstances of both your offending is set out in the summary of prosecution opening dated 9 September 2022, Exhibit A, and can be summarised as follows. In respect of Charge 1, Hoblos, theft of a motor car, on 28 December 2021, police intercepted a car at Kia that you, Hoblos, were driving. Revie was your passenger. Enquiries revealed that you Hoblos had hired the car on 16 December. You had not returned it despite request being made and it was reported stolen on 6 January. You kept the Kia until you were arrested on 12 January 2022, assuming the rights of the owner including allowing Revie to drive the Kia in subsequent offending.
6Revie, Charges 1 to 10, numerous offences relating to shop break-in, property damage and theft of alcohol and summary offences of driving whilst unlicensed. Between the period of 10.27 pm on 30 December 2021 and 12.57 am on 1 January 2022, you Revie attended four different shops and then, usually with the use of a sledgehammer, smashed your way in order to steal alcohol. Your offending typically occurred in the last hours of the night and was on most occasions caught on CCTV camera. On each of these occasions, you drove a car whilst you were unlicensed including the Kia. That is summary offence 9 for the driving on 31 December 2021 and summary offence 12 for the driving on 1 January 2022.
7Charges 1 to 3 relate to offending at the IGA Supermarket in Camberwell. You smashed a liquor cabinet and stole alcohol to the value of $350. The total damage was two and a half thousand dollars. Soon after this offending, police intercepted your car and you were taken to the police station. Police located a sledgehammer and some of the stolen alcohol in your car.
8Charges 4 to 5 relate to offending at Box Hill Cellars. You attempted to smash the front glass door, however, the metal bars on the doors and windows prevented any further access into the shop. You then left and drove off. The total value of damage was $1000.
9Charges 6, 7 and 8 relate to offending at Aldi Supermarket in Box Hill. You smashed two front glass doors, then smashed a small glass cabinet and stole alcohol to the value of $69. The total damage was $5000.
10Charges 9 and 10 relate to offending at the Chadstone Shopping Centre. You arrived in the Kia. You kicked at and threw an object at the doors to create a hole in the glass. You went to the Kia and got a sledgehammer and smashed the entry to the Starbucks café. You then damaged bifold doors to gain access to the shopping centre though you were disturbed by cleaners so you left. The total damage was $3000.
11Charge 11, intentionally cause injury in respect of you, Mr Revie, and Summary Charge 4, unlawful assault relating to you, Mr Hoblos. On Wednesday 5 January 2022 at approximately 5.30 pm, Peter Russell finished work and walked back to his home address in Preston. When he arrived home, he went through the side gate. You, Revie, rushed at him, grabbed him from behind and covered his mouth. You had a brick in your hand and had a mask over your face. You pushed Russel to the ground and began to punch him to the head and body. You struck Russell with the brick to the front of his forehead and back of his head. Russell kicked out at you and was yelling. You, Revie, then ran up off the street.
12Police and ambulance soon attended. Russell was transported to The Austin Hospital by ambulance for CT scans, treatment and observation. The extent of his injuries were lacerations to both his forehead and the back of his head.
13Enquiries with Optus revealed that you, Hoblos, called Revie three times - twice in 30 minutes before the assault on Russell and once minutes after. Cell tower location of these calls placed you both in the vicinity of Russell's address. Hoblos, you were on parole and were required to wear an electronic bracelet. The record of monitoring for this bracelet indicated you were within the immediate vicinity of Russell's address prior to and at the time of the incident and further, that you attended within close proximity of Revie's address in Clifton Hill directly after the incident.
14A neighbour provided CCTV footage that showed you, Hoblos, driving the Kia and Revie running towards the car and getting into it which then drove off after this incident occurred.
15The parties agreed that you, Hoblos, are liable for the assault and then you assisted and encouraged and directed Revie to commit the assault by travelling with Revie to the vicinity of Russell's address for that purpose and then collecting him afterwards.
16Revie, Charge 12 - aggravated burglary, Charge 13 - criminal damage, and the Summary Charge 14 - trespass, and Hoblos, Summary Charges 2 and 8, both of trespass. At approximately 4 or 5.15 pm on 10 January 2022, five days after the previous assault, Russell returned home with Kelly Maher. Being conscious of the previous incident, Maher beeped her car horn to scare off anyone who might be again waiting for Russell in the backyard. Maher walked to the side gate and kicked it a few times and made noise. Russell unlocked the side gate and entered the back yard. He heard noise from the direction of his side fence. Russell looked over the fence and saw you, Revie, crawling under the roller shutter of his neighbour's garage. Russell and Maher then went to the front of the house and saw you, Revie, walking away.
17Police investigations later revealed you caused damage to the garage door at the property to the value of two and a half thousand dollars.
18CCTV footage recorded the Kia in this vicinity prior to Russell returning home. At approximately 4.30 pm, Revie was observed walking into the rear porch in the backyard of Russell's house carrying a crowbar. They were seen entering an unlocked room at the house adjacent to the backdoor located off the rear porch of the house. Revie was observed waiting in his room whilst holding the crowbar for approximately 45 minutes, waiting for Russell to come home.
19Phone records indicate Revie made 10 phone calls to you, Hoblos, during this time.
20Both Maher and Russell told police you appeared to be on the phone when they saw you in the street. Enquiries with Optus revealed that you, Revie, made two calls to Hoblos minutes after you had left the property. Cell tower location of these calls placed you both in the vicinity of Russell's address. It is accepted that you, Hoblos, are liable for the trespasses to both properties and that you assisted in carriage and directed the commission of the offences by Revie by driving him to the area for that purpose, waiting for him and then picking him up prior to leaving the area.
21Hoblos, Charge 2 and Charges 3, 4 and 5. At approximately 12.10 pm on 12 January 2022, you Hoblos were arrested at a motel in Eltham in relation to an outstanding breach of parole warrant. The Kia was recovered in the motel car park. A search of the Kia revealed the following stolen property: 10 identification of bank cards and a set of missing car keys belonging to Mickey Anne; a brown wallet containing various identification and credit cards belonging to Anton Dykstra and Nguyen Wevi.
22Investigations revealed that on 6 January 2022, you had used Dykstra's stolen ID to obtain a new phone subscription with Optus. You were turned to custody on 12 January 2022 given you had breached your parole by removing the electric monitoring bracelet. You were not interviewed by police at that time.
23On Wednesday 12 January 2022, police executed a search warrant at your address, Revie, in Clifton Hill and seized a small bag containing a small amount of methylamphetamine. That is Charge 14. When interviewed, you Revie made admissions regarding the IGA burglary but denied any involvement in relation to the other burglaries. You admitted knowing Hoblos and that you knew Russell from four years ago. Ultimately, your counsel indicated that you had not had any kind of relationship with Russell previously despite what you had said in your interview. The remainder of your interview was no comment.
24I received a victim impact statement from Peter Russell, Exhibit B. It is clear from that statement that the attack on him and later attendance at his property five days later has had a significant impact on him. There are two features: (1), reference to offending at his shop of which neither of you to my knowledge were charged; and (2), reference to him being a victim of other criminal behaviour including in respect of a blackmail perpetrated by you, Hoblos, dealt with in this court in May 2020.
25In any event, it is otherwise obvious your offending has impacted all aspects of his life. Photos were provided of relevant security measures now at his house. It is as he describes like an army fortress, locks and chains on all doors, security steel bars across all front and rear windows and bars, CCTV security systems both at home and at his business.
26In terms of the physical impact and the injuries sustained, he describes ongoing head pain, headaches and dizziness. He states, 'This has caused me the greatest mental and emotional impact upon myself, thinking about what he actually did to me and no doubt in mind was prepared to harm me again in the same way on the second occasion.'
27He has lost money from not being able to work at the business. He has limited concentration span and he is anxious about his personal safety all the time. He now has only a limited number of friends and business associates who he can trust.
28He concludes, 'My life has literally been turned upside down as a result of what has taken place. I will never recover both emotionally, physically or mentally.'
29I turn then to each of your personal circumstances. In respect of you, Hoblos, I received the following: a report of Ian McKinnon, consultant psychologist, dated 10 November 2019; sentencing remarks of Her Honour Judge Cohen dated 27 May 2020 relating to your most recent court matters, prior matters and other court documents; letter from you dated 6 September 2022; a letter from Shardi Hoblos dated 23 October 2022 relating to availability of work for you when you are released.
30You are currently aged 32. Your parents were born in Lebanon and migrated to Australia before you were born. You are retired and you have two younger siblings.
31You grew up in the Campbellfield area and completed Year 12 at Kangan TAFE. After leaving school you completed a painting and decorating apprenticeship and have worked various jobs both for yourself and on a casual basis.
32Immediately before you were remanded for these matters you were working for your brother, Shardi, as a courier. I understand that work will be available for you on your release from custody.
33You have been involved in one long-term relationship, though it ended in 2017. Following this you became involved in another relationship, though as a consequence of that, you found yourself in significant debt. When the relationship was over after six months that debt contributed to your offending over the 2018/2019 period. You are currently in a relationship with Samantha Stanley, who remains supportive and is in regular contact with you.
34You do not have any significant drug or alcohol issues. As to your mental health, you have a history of mental health issues and report ongoing symptoms of depression. You are currently prescribed Olanzapine.
35On 24 October 2019 you were assessed by consultant psychologist, Ian Mackinnon, in preparation for a plea in the County Court before Her Honour Judge Cohen. At that time you were diagnosed with major depression. Additionally, Her Honour noted gambling problems as an explanation for those dishonesty type offences.
36At the time of this offending you were on parole as part of the sentence imposed by Judge Cohen and working for your brother. You were residing with your family though you had commenced staying in hotels on the days leading up to your arrest.
37You have a number of prior convictions relating to dishonesty and other driving offences. The details of your prior matters and of your most recent convictions is set out in Her Honour Judge Cohen's reasons.
38Having considered your offending, as she noted that common features of your offending over some two to three years, meant that specific deterrence was a very important sentencing purpose. You have received various dispositions including terms of imprisonment for your prior matters and you were on parole when this offending took place.
39In respect of you Revie, I was provided with the following documents: a letter from Arnold Thomas Becker, lawyers 18 August 2022; from Caraniche individual counselling (indistinct) notification dated 17 August; bundle of documents re your housing status; bundle of statements of results from Box Hill Institute; an undated letter from you; and a report from M. Jackson, neuropsychologist dated 26 August 2022.
40You are currently aged 51. You were born in and your family reside in Queensland. Both your parents are retired and you have two siblings, one of whom lives in Melbourne. You have a son from a previous relationship now aged 18, though you have had no contact with him or his mother. You have no family support.
41You had a limited education, ceasing to attend school through Year 8. You have no formal qualifications and have had sporadic employment in labouring, warehouse or as a forklift driver. I was informed that your time at school was unhappy and that you were constantly reprimanded by your father at home, being subjected to multiple beatings because of your behaviour.
42You commenced using drugs and alcohol from the age of about 12 years. You have continued with alcohol use for the remainder of your life, and I was informed that the only periods of sobriety are when you are incarcerated. As reflected in your criminal history, once your drug and alcohol use commenced you came before the criminal justice system as a young person.
43You spent periods of time at the Wilson Boys Home juvenile centre in Queensland. I was informed that whilst you were there you were sexually assaulted by a prison officer. You have engaged solicitors regarding the sexual abuse you endured and intend to pursue this once you are released from custody.[1]
[1] Letter from Arnold Thomas Becker
44Given your difficulties with substances and family life, you relocated to Sydney when you were about 18. In the next 15 years you were employed sporadically though had difficulties finding permanent accommodation.
45Additionally, your substance use increased coupled with you having to deal with the issues of your sexuality. It was a difficult time with you coming to terms with your sexuality with no formal assistance or support available. In order to cope you increased illicit drug use including benzodiazepines, cocaine and LSD whilst mixing them also with alcohol.
46Your antisocial behaviour continued when you relocated to Melbourne in 2004 when you were 33. You are a chronic alcohol and drug user. In Melbourne you maintained an itinerant lifestyle and in this context you continued criminal activities with dishonesty offences.
47Since 2006 you have accumulated a significant amount of prior convictions with approximately 19 prior court appearances. Before this, you had a number of prior convictions in New South Wales. Most of this offending is property or dishonesty related, though in 2016 and 2019 you were convicted of offences involving violence. You have previously been convicted of 19 burglaries. You have received community orders as well as served periods of imprisonment. Prior to this offending you were last in custody in 2019 and released in January 2020. The offending included assaults and property damage.
48When you were released from prison in January 2020 you remained out of trouble until this offending, a period of almost two years. You were able to hold down employment as a cleaner and obtain stable housing. You are not undergoing any treatment for alcohol or substance abuse. You were able to demonstrate a prosocial life, live independently and maintain a casual relationship. I was informed your flat in Clifton Hill will be reallocated if you are unable to return to it by April 2023.
49In terms of your mental health and cognitive functioning, in 2016 you were diagnosed with an acquired brain injury having suffered two traumatic brain injuries within the last 16 years. Mr Jackson opined that you had differing levels of impairment in respect of areas of your memory and functioning, and that those cognitive impairments were permanent.
50Further, that at the time of this offending, your cognition would have impaired and perhaps an even lower level than currently assessed, given the effects of a traumatic brain injury suffered in November 2020 combined with the effects of alcohol and drugs.
51In summary Mr Jackson opined that your cognitive impairments affected your ability to exercise appropriate judgment, affected your ability to make calm and rational choices and to think clearly, presents you with a disorder of impulse control including making a number of errors, clearly influenced your behaviour given that each are primarily in the areas of executive function, and will impact your ability to function in prison and follow directions.
52On this basis your counsel relied on all limbs of Verdins. The prosecution conceded that the material filed on your behalf supported that submission. I therefore accept that because of your level of functioning your moral culpability for your offending is lessened, general and specific deterrence is moderated and your condition means that prison will be more burdensome for you, and that your condition may deteriorate whilst you are in custody.
53Your counsel submitted that given you had experienced sexual abuse when in an institution, physical violence from your father and issues with your sexuality during adolescence and early adulthood, that the principles of Bugmy apply. In the course of discussion, I indicated those principles were not enlivened by your circumstances. However, those features of your upbringing are matters that I do take into account in considering your overall personal history, as is relevant to sentencing.
54I take into account that you both have pleaded guilty to these matters at an early stage. No witnesses, including Russell, were required to give evidence and relive these traumatic incidents. There is a utilitarian value to your plea of guilty and you have both saved the community the cost of a trial.
55Additionally, with Covid and the impact that has on delays in the administration of criminal justice in this State, your pleas have a greater value. I accept that both your pleas are indicative of remorse as is evidenced in the material filed on your behalf, including letters authored by each of you.
56I take into account that since you have been in custody there has been extended periods in lockdown due to Covid-related issues and at times visits have been suspended. This has included days and weeks where you have had limited access to counselling or programs. I accept custody has been and is likely to continue to be more burdensome than before the pandemic. Uncertainty still exists in respect of the level of restrictions that will be maintained.
57As to your rehabilitation prospects, Hoblos, you have family support and the prospect of work on release. You have engaged in training and education whilst in custody which will assist you in the community upon your release. You do have a criminal history with many mainly dishonesty-type offences. I accept this offending is on a smaller scale than your previous matters, though in this instance you were on parole.
58Little explanation has been provided as to your reason for involvement in this offending. I accept that you do have some supports that auger well for your rehabilitation and have expressed remorse however, your rehabilitation can only succeed if those supports are utilised and you do not revert back to a criminal kind of lifestyle.
59Revie, you are currently at Melbourne Remand Centre and placed in a mainstream unit. You are employed as a yard billet - a cleaner gardener - and have undertaken courses whilst in custody to utilise your time to the best of your ability.
60You have a significant criminal history and have been afforded opportunities for reform under numerous orders previously imposed by the court. I am cautious regarding your rehabilitation prospects given your extensive criminal history and lack of support, though I recognise that you made a concerted effort to stay out of trouble in the period leading up to this offending, for approximately two years.
61As to the objective seriousness of the offending, Mr Hoblos in relation to Charge 1, you lawfully hired the car and it was easily traceable back to you. The Kia was returned undamaged. The period which you had the Kia was only for about a week.
62In relation to the Rushall charges you played a secondary role when compared with that of Revie. You did not enter the property or partake directly in any violence. Your role was limited to driving Mr Revie to and from the address.
63A disturbing aspect of this offending relates to you being involved at any level with offending directed against Mr Russell, in circumstances where you have previously been convicted of blackmail directed to Russell, such activity occurring in July 2016. The circumstances of that offending are set out in paragraphs 8 to 19 of Judge Cohen's reasons. She says at 19, 'It would have been frightening and menacing for the victim'. I accept that he was extremely anxious and frightened at the time.
64As I indicated to your counsel, I find it difficult to accept that you had no knowledge of Russell in respect of this current offending.
65In relation to the dishonesty offences, they did not involve a high quantum or any complexity however, all of your offending occurred whilst you were on parole.
66In respect of you, Mr Revie, for the offending between 30 December and 1 January, although it was persistent it occurred over a short period of time. You stole alcohol but no other valuables or cash. Your offending was not sophisticated. You did not attempt to conceal your identity and did not involve physical violence.
67Your offending was motivated by a need to meet your alcohol problem. Although that does not excuse the offending, it provides some explanation for it. I accept this offending was at the lower end of seriousness however, it did involve significant property damage to those who ran the affected businesses.
68In respect of the offending against Russell, he was an elderly gentleman aged in his 70s. He was assaulted outside his home and a brick was used by you to hit him on the head. This offending is aggravated by you returning to the same victim's home five days after the above attack.
69Your plea is on the basis you entered the victim's house with an intention to assault him and that you had a crowbar with you. It was not conceded you had the crowbar with you to use in an assault. You did not however confront or assault the victim when at the property. Having remained at the house for about 40 minutes, you fled.
70Revie, your counsel accepted a custodial disposition was warranted, though submitted that a combination sentence would be in range. Reference was made to the court having power to impose a further term of imprisonment of up to 12 months after deducting the time you have already served and imposing a CCO to commence after that term has been served.
71I had you assessed for a CCO at the completion of the plea hearing and I also received a report from mental health advice and response service. Corrections assessed you as unsuitable for a CCO given your previous involvement with them and failure to complete previous orders.
72The prosecution submitted I should impose a term of imprisonment with a non-parole period.
73In respect of you, Hoblos, your counsel submitted I should impose a straight sentence. As this offending was committed whilst you were on parole s163B of the Sentencing Act 1991 applies.
74It was not submitted that there were exceptional circumstances to displace the presumption of cumulation in this case, though it was submitted the principles of totality continued to be relevant. That is, where you will have served your entire prior sentence of four years and four months imposed by Judge Cohen, the court ought to have regard to the principle of totality when imposing an additional term of imprisonment. I accept the principles of totality apply in that way to the sentence that I imposed.
75As I have already indicated, the offending against Mr Marshall is more serious than the other kinds of offending that each of you are charged. People are entitled to feel safe in their own home and the surrounds of the property. He was targeted twice by you over a short period of time. General deterrence, protection of the community and just punishment are all relevant considerations.
76Even though you, Hoblos, played a lesser role, Russell had previously been a victim of blackmail portrayed by you, an offence which relates to part of the sentence that you are currently undergoing.
77Given both of you have criminal histories, specific deterrence is also relevant. I take into account your pleas of guilty and in respect of you, Revie, the application of Verdins and your level of functioning.
78In respect of your indictment, Mr Revie, you will be sentenced as follows.
79Charge 1, burglary, two months.
80Charge 2, destroy property, three months.
81Charge 3, theft, seven days.
82Charge 4, attempted burglary, one month.
83Charge 5, destroy property, two months.
84Charge 6, burglary, two months.
85Charge 7, destroy property, three months.
86Charge 8, theft, seven days.
87Charge 9, burglary, two months.
88Charge 10, destroy property, three months.
89Charge 11, intentionally cause injury, 12 months.
90Charge 12, aggravated burglary, 18 months.
91Charge 13, destroy property, one month.
92Charge 14, possess a drug of dependence, seven days.
93Summary offence 9, seven days.
94Summary offence 12, seven days.
95Summary offence 14, one month.
96One month of the sentence imposed on Charge 2, one month of the sentence imposed on Charge 5, one month of the sentence imposed on Charge 7, one month of the sentence imposed on Charge 10, and four months of the sentence imposed on Charge 11 will be cumulative on the base sentence which is the Charge 12, 18 months which should give you a total of 26 months.
97I set a non-parole period of 14 months.
98In respect of summary offences 9 and 12, your licence is cancelled and you are disqualified for a period of 12 months.
99In respect of Mr Hoblos.
100Charge 1, theft of a motor car, you are convicted and sentenced to two months' imprisonment.
101In respect of your licence you are cancelled and disqualified for a period of 12 months.
102Charge 2, obtain property by deception, one month.
103Charge 3, handling stolen goods, one month.
104Charge 4, handling stolen goods, one month.
105Charge 5, handling stolen goods, one month.
106Summary offence 4, unlawful assault, one month.
107Summary offence 2, trespass, one month.
108Summary offence 8, trespass, one month.
109The sentence imposed on Charges 2, the summary offence 4 and the summary offence 8 are cumulative on the sentence imposed on Charge 1, which gives a five month straight sentence.
110I will make the disposal orders as requested. Could I get pre-sentence detention please?
111MR RANJIT: Yes, if I could assist Your Honour, for Mr Revie it is 302 days, not inclusive of today.
112HER HONOUR: All right. In respect of Mr Revie, 302 days. Mr Hoblos?
113MR FAUST: No days on Hoblos, Your Honour ‑ ‑ ‑
114HER HONOUR: No, that is right. Yes, sorry. Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty to this matter, Mr Revie, I would have imposed a sentence of three years and four months, with a non-parole period of two years. And Mr Hoblos, I would have imposed a straight sentence of 12 months. Is there anything else?
115MR FAUST: Your Honour, I believe Your Honour might have mentioned a disposal order. There are disposal, forfeiture and compensation orders for Revie and a disposal for Hoblos that we are seeking. I believe draft orders have been provided to the court.
116HER HONOUR: Yes, and I think they are all by consent, that is fine, I will make all those orders.
117MR FAUST: Thank you, Your Honour.
118ASSOCIATE: The compensation orders haven't been provided to the court, we have got the forfeiture and disposal.
119HER HONOUR: Disposal, yes. There is no compensation at this stage.
120MR FAUST: I will see. I will see if my instructor can forward that immediately to the court, Your Honour.
121HER HONOUR: All right, is it the businesses?
122MR FAUST: If my instructor can speak to that just quickly, Your Honour?
123INSTRUCTOR: Yes, it will just be for one of the victims, it is the roller door - -
124HER HONOUR: The neighbour?
125INSTRUCTOR: ‑ ‑ ‑ Mr Russell's neighbour, yes.
126HER HONOUR: Very well, all right. Thank you, is there anything else?
127MR FAUST: Nothing else, Your Honour.
128HER HONOUR: All right, thank you.
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