Director of Public Prosecutions v Rundle
[2023] VCC 376
•14 March 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 21-00188
CR 22-01060
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMIE RUNDLE |
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JUDGE: | HIS HONOUR JUDGE LYON |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 6 March 2023 |
DATE OF SENTENCE: | 14 March 2023 |
CASE MAY BE CITED AS: | DPP v Rundle |
MEDIUM NEUTRAL CITATION: | [2023] VCC 376 |
REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords:
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Azzopardi v The Queen [2011] VSCA 372; 35 VR 43; 219A Crim R 369; R v Verdins [2007] VSCA 62; Gommers v The Queen [2021] VSCA 258
Sentence:45 months imprisonment; non-parole period of 28 months
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms M. Zammit | Mr J. Robins Office of Public Prosecutions |
For the Accused | Mr J. Miller | Ms S. Vardy Balmer & Associates |
HIS HONOUR:
1Jamie Rundle, you have pleaded guilty to the following charges which carry the following maximum penalties:
2On the first indictment, K13122068.1:
(a)Charge 1, carjacking, carries a maximum penalty of 15 years' imprisonment. In addition, it is a category 2 offence, and it carries a mandatory disqualification of licence under s89 of the Sentencing Act;
(b)Charge 2, possessing an unregistered general category handgun attracts a maximum of seven years' imprisonment; and
(c)Charge 3, possession of a drug of dependence for personal use attracts a maximum penalty of one year's imprisonment. There are related Summary Charges 8, 9 and 16. The first was possess cartridge ammunition. That carries a maximum of 40 penalty units. Possessing a prohibited weapon without an exemption carries two years' imprisonment. Charge 16, possessing a Schedule 4 poison without authorisation, carries a maximum of 10 penalty units.
3On Indictment N10330015, handling stolen goods, have we got the maximum for that, Ms Zammit?
4MS ZAMMIT: Handling stolen goods is 15 years, Your Honour.
5HIS HONOUR: Fifteen years, and that is a rolled-up charge.
6The possession of a firearm contrary to a firearm prohibition order, contrary to s112B of the Firearms Act – the maximum penalty is 10 years, and that is a rolled-up charge.
7Possession of a drug of dependence, where I was asked to make a fact finding as to whether it I was satisfied it was for purposes other than personal use or personal use, depending on the finding, carries either a maximum of five years' imprisonment or one year's imprisonment. That is also a rolled-up charge.
8And then there were related Charges 16, 17, 21 and 40: possess a prohibited weapon, two years, that was a rolled-up charge; possess cartridge ammunition, 40 penalty units; dealing in property suspected of being the proceeds of crime, two years' imprisonment; committing an indictable offence on bail, a maximum of three months' imprisonment. That was also a rolled-up charge, I believe.
9Now, Mr Rundle, you have admitted your prior criminal history. It is only relevant to the second indictment, and it is indeed relevant although it is very limited in nature. I will say something more briefly about it later in these sentencing remarks.
10As I have said, carjacking is a category 2 offence. That means unless certain circumstances exist, you must be sentenced to a period of imprisonment (excluding a combination sentence of imprisonment and CCO). Your counsel, Mr Miller, responsibly submitted at the outset of the plea that your offending warrants a period of imprisonment involving a head sentence and non-parole period.
Circumstances of Offending
11The Crown tendered the summary of prosecution opening as Exhibit A.
A summary of your offending is as follows:12On the first indictment:
(a)On 14 November 2019, you were the driver of a stolen Nissan SUV travelling along the Eastern Freeway towards the city at about 2.05 am. You had two other occupants on board. By your driving, you intentionally forced a Mercedes-Benz sedan to stop when you pulled in front of it, then slowed rapidly, causing the collision of both cars, and then pulled over. The two occupants got out of your car, they stole the Mercedes at gunpoint and viciously assaulted the driver with the butt of the longarm firearm, striking him to the head and face, causing a laceration to his head and a blood nose. The Crown accepts that you were not aware that your co-offender was armed and that the assault went beyond the agreement between the three of you. In other words, you will not be sentenced for the full objective gravity of the offence or the consequences of it on the victim;
(b)You remained in the car during the theft and assault, and then you drove the second offender away whilst the third offender drove off in the stolen Mercedes (Charge 1, carjacking);
(c)The victim's head and face injuries were treated conservatively in the emergency department at the Royal Melbourne Hospital;
(d)The stolen Nissan was located on 26 November, and the stolen Mercedes on 30 November 2019;
(e)You were arrested, and police searched your premises where you lived with your mother on 3 December 2019. In the course of the search of your bedroom, police found:
(i)In a safe, the registration plates for the stolen Mercedes and two shotgun shells and two .22 bullets (Summary Charge 8, possess cartridge ammunition);
(ii)In a bedside table, three Ziploc bag containing various tablets and powder (Summary Charge 16, possess a Schedule 4 poison), then there was a black case containing 18 shotgun shells, a Ziploc bag containing 11 .22 bullets and seven loose bullets (Summary Charge 8, possess cartridge ammunition);
(iii)The mobile phone of the victim of the Mercedes carjacking;
(iv)Between the bed and the bedside table, a pump-action rifle (Charge 2, possession of an unregistered firearm);
(v)On a shelf in your bedroom, two more shotgun shells and eight bullets (Summary Charge 8, possess cartridge ammunition);
(vi)In cupboards, a taser and a sword (Summary Charge 9, possess prohibited weapons); and
(vii)Next to your bed, a small amount of methylamphetamine, and also in your bedroom, oxycodone (Charge 3).
(f)You were interviewed by police. You did not directly admit your offending. You gave either no comment answers or implausible explanations for your possession of incriminating items;
(g)Analysis reveals after you committed the carjacking offence, that you made internet searches about carjackings and tracking Mercedes cars. You also tried to search the stolen car's VIN;
(h)Analysis shows that you attempted to sell the Mercedes to an unknown buyer in exchange for cash and drugs; and
(i)After your arrest, you were remanded in custody for 14 days on this offending before you were released on bail.
13Now, in relation to the second indictment:
(a)On 10 July 2020, you were served with a firearm prohibition notice;
(b)On 20 January 2022, police arrested an offender, Adam Quinn, when he was riding a stolen motorcycle. The police analysis of Quinn's phone implicated you in a suspected drug transaction and the use of the stolen motorcycle which was being ridden by Quinn;
(c)Police then executed a search warrant at a factory premises rented by you. Inside the factory, the police found the following items and
firearm-related items (Charge 2, possess a firearm contrary to firearm prohibition order):(i)In the roof cavity over the office, police found a .38 calibre
homemade revolver and three .38 calibre bullet cartridges loaded in the detached chamber. The weapon was capable of firing. They also found a 12-gauge double-barrel shotgun. That weapon was capable of firing. They found a .303 rifle capable of firing;(ii)In a locked safe in the kitchen, they found a gel ball handgun and a partially constructed homemade firearm, which was not immediately capable of firing.
(d)Police located 19 grams of methylamphetamine and a small bottle of liquid GHB (part of Charge 3);
(e)Police located over 200 rounds of various calibre ammunition (part of Summary Charge 17), a black baton and knuckle dusters (together forming Summary Charge 16);
(f)They found items suspected of being the proceeds of crime, which included two fraudulent $50 notes (part of Summary Charge 21); and
(g)Between a search of the factory and a further warrant executed at your home address, police found items which form part of Charge 1; that is, handle stolen goods, namely two Apple computers, a passport in the name of another person, a Victorian marine licence and two Commonwealth Bank cards in the name of another person.
14Your offending was committed whilst on bail, and you were charged with that offence also.
15You were remanded in custody after this, and you have now spent a total of 404 days on remand by way of pre-sentence detention, which I will take into account when I come to sentence you.
Objective Gravity and Moral Culpability
16I turn now to a consideration of the objective gravity of your offending and an assessment of your moral culpability.
17The objective seriousness of the offence of carjacking can be marked by the fact that it carries a maximum penalty of 15 years' imprisonment. Moreover, Parliament has defined it as a category 2 offence, which means that unless certain circumstances exist, a period of imprisonment (excluding a combination sentence with a CCO) must be imposed. As I have said, Mr Miller did not submit such circumstances exist in your case.
18In my view, the circumstances of this carjacking are very serious. The offending took place late at night or early in the morning, and you committed the crime as part of a team; that is, in the company of two unknown offenders. Your conduct was marked by its planning and coordination. You used aggressive driving tactics to force the victim to pull over, where his car was forcibly taken from him in terrifying circumstances.
19I accept the Crown concession that you were unaware that one of the
co-offenders was armed with a firearm, and I accept the Crown further concession that you were unaware that the victim would be and was assaulted.20Nevertheless, your part in the offending was executed, as I say, as part of an overall plan, and you drove with deliberation. Your role in overtaking the victim's car, slowing down and causing an accident and slowing the victim to a stop was integral to the success of this criminal offence. You then ferried away the other offender, who had menaced the victim when he got back in the car. In other words, notwithstanding that I accept the Crown concessions, you played no small role in this offending. Later, the registration plates from the Mercedes were swapped for stolen plates, and you retained possession of the original plates, then you made at least some effort to sell the stolen car in exchange for cash and drugs.
21The Crown submits that I should characterise your offending as about mid-level. Mr Miller agrees. For the reasons I have set out, I consider this, as I say, a serious example of this crime, and more serious than a number of
spur-of-the-moment, drug-fuelled crimes of opportunity.22I take into account also the victim impact statement which was read by Mr Yin himself. It is apparent that the circumstances of this offending left him traumatised. It is also apparent that even after a period of more than three years, your victim has been left scarred and fearful. I bear in mind that I am not sentencing you for the fact that your co-offender pointed a gun at the victim or that the victim was viciously assaulted with the rifle butt. However, even the bare facts of the offending – that is, to be railed off the road and have your car forcibly taken from you by two offenders at 2 am – is a matter which would haunt most people for years.
23I note the presence of a firearm located by your bed when police searched your house. I was told that you yourself were traumatised after you were shot in the back by an unknown assailant when you were 19 or 20 years old. It was submitted (at least implicitly) that you retained the weapons found in your possession for self-protection.
24I was provided with almost no detail of the circumstances in which you were shot, or your resulting fear. I do not know if it resulted in a police report and criminal investigation – although I was told that no offender was found – what injury you specifically suffered, what medical treatment you required and whether you had any counselling or mental health interventions. Remarkably, as the prosecutor observes, it is not even mentioned by your parents or in any of the other character references.
25I am prepared to conclude that you may have had the weapon by your bed out of a fear for your safety in 2019, but this does not explain in any way the plethora of other weapons and firearms and the large range of different calibre ammunition found in your possession in 2020.
26I note that at the time of your 2019 offending, you had no prior convictions and you were 20 years of age (about to turn 21). I said 2020 to 2022.
27In my view, the 2022 firearms offence is indeed serious. It is marked by the fact that you were on bail at the time of the offending, that you were undertaking a CCO for possession of drugs and ammunition and you had been served with a prohibition order for firearms.
28As I have just remarked, you cannot readily claim a fear or need for protection in relation to the possession of these items in 2022. For a start, they were at your work premises and not at home or on your person. Your work premises housed stolen goods and drugs. Next, some items were locked in the safe in the kitchen and others were found in the roof cavity in the office. These are not places which suggest that you held the weapons for your immediate protection. Moreover, the number of weapons you held makes nonsense of any suggestion that you were worried about your immediate safety. Finally, I repeat the fact that having been shot and your safety was not a matter that featured in much of the material personal to you.
29In my view, I am entitled to draw the conclusion that the guns were likely present as accoutrements to your criminal activities. The community expects that criminals who stockpile firearms for their potential use in future criminal activity will receive stern punishment. In my view, you have offered no plausible excuse for holding weapons and ammunition as you did.
30Then, I look at the broader picture. You were found in possession of 19 grams of methylamphetamine. I was told that you were using the drug, but I was not supplied with any real information about your use. It appears that you came to police attention because they suspected you were involved in drug transactions with Adam Quinn. I was told that the police had found scales at the commercial premises at the time of the search.
31As Mr Miller pointed out, you were not charged with drug trafficking, and I was not provided with any actual evidence of the presence of scales or other indicia of trafficking or any suggestion of transactions. In the circumstances, I am not prepared to act on suspicion alone, and I conclude on the balance of probabilities that the drugs found in your possession were for your personal use.
32As I have said, offences of carjacking and the illegal possession of weapons and firearms must be met by deterrence, denunciation, and the latter offence by a measure of protection of the community. Your moral culpability for carjacking must take into account your young age, your lack of criminal history and the fact that you were one of three, and you were not the armed or attacking offender. Your moral culpability for the 2022 firearms offence is higher than for your 2019 offending – and as I have said, you were older, on bail, on a CCO for possession of ammunition, and had been served with a prohibition notice.
33Other offences are charged as rolled-up offences. A rolled-up charge comprises identifiable instances of offending which are all charged as a single offence with a single maximum penalty. This means that I must have regard to the maximum penalty for the single offence only and not the individual counts. What it does mean is that the sentence for a rolled-up charge may be slightly heavier than for a single offence because, in sentencing, I must take into account that it is not a single instance of offending or simply committed 'out of the blue'.
34I will consider your personal circumstances before I conclude on the effect of youth and other sentencing principles on the sentences to be imposed for these matters.
Personal Circumstances
35You are 24 years old, being born in December 1998.
36You were raised in Narre Warren and have two older siblings.
37Your parents separated when you were three years old. Your father then relocated to Queensland. You would see your father only two to three times a year, and you found this difficult. Your father then returned to Victoria when you were in high school.
38Your mother worked three jobs to provide for your family as a single parent. You report maintaining a close relationship with your mother, and you also have regular contract with your brothers and father.
39You struggled with attention and concentration difficulties at school and completed up to Year 10 at Hallam Senior College. You reported being bullied for your weight in primary school and that you were suspended on multiple occasions for physical fights.
40Upon leaving school, you attended Chisholm TAFE and completed a Certificate II in Information Technology. You worked installing cables for the NBN and obtained your truck licence to assist your father in tow trucking. You also worked in a car yard.
41You report ceasing your employment due to being too 'cooked on drugs' to continue employment.
42You disclosed to the psychologist, Ms Bovenkerk, during your assessment that when you were around 19 or 20, you were 'shot in the back' after being approached by a masked gunman near your home. You report that you obtained the gun that I have spoken about for self-protection.
43You reported feeling 'on edge'. You did see a psychologist on three or four occasions to address your trauma symptoms. You denied periods of hospitalisation although you did endorse past suicidal ideation and an historical suicide attempt.
44Since this period, you have experienced other episodes of suicidal ideation. You are currently prescribed antidepressant medication.
45You are engaged to your current partner, and you wish to get married and start a family of your own on your release.
46I read the character references of John Catton, Jason McConkey and your parents, Trudy and David Rundle. They all speak of you being a kind-hearted young man who 'veered off track' due to certain events in your life. They speak of the impact your incarceration has had on you and how remorseful you are for your behaviour. It is clear from the references that you have a strong, committed family and you have their complete and unfettered support. You will need to call on these supports in your rehabilitation once you are released from prison.
47You began experimenting with illicit substances in Year 9 or 10. You disclosed occasionally using opioids, cocaine, though you mainly used methamphetamines and GHB and did so on a daily basis.
48I think I am right in saying that you never participated in a drug rehabilitation or detoxification program although you have expressed willingness to engage in alcohol and drug counselling in the future.
49After testing, Ms Bovenkerk diagnosed you with a major depressive disorder with anxious distress and with post-traumatic stress disorder arising from childhood experiences and the shooting. Ms Bovenkerk further considers that these considerations enliven Verdins[1] principles 5 and 6.
[1] R v Verdins [2007] VSCA 62.
50Ms Bovenkerk stressed your young age, particularly at the time of your first offending, in order to point out that because of your age, you were still not, neurologically, fully developed. Essentially, Ms Bovenkerk was at pains to point out what has been recognised by the Court of Appeal and outlined in the observations and principles enunciated in the case of Azzopardi[2] and which will be applied in this case.
[2] Azzopardi v The Queen [2011] VSCA 372; 35 VR 43; 219A Crim R 369.
51Ms Bovenkerk recommends that you receive alcohol and drug counselling and intervention to improve your depression, anxiety and trauma. This will need to be achieved by mental health experts and supervision upon your release.
52Since your time on remand, you have completed a number of courses, including multiple alcohol and drug courses, and I was provided the course certificates at the plea hearing.
Sentencing Submissions
53Mr Miller, who appeared on your behalf, submitted that the following factors should operate to mitigate your sentence:
(a)Your plea of guilty;
(b)You had no prior convictions before your first bundle of offences and only a very limited history at the time of the offending on the second indictment;
(c)You were young at the time of the first offending, and you were relatively young and remained so at the time of the second offending and now;
(d)Your youth presumes your prospects for rehabilitation. Additionally, you actually have good prospects for you rehabilitation. You did some good work on the CISP bail program after your first offending. Moreover, you have worked hard in custody to complete all available self-improvement courses. You have had a reasonable work history and you currently have very good family support;
(e)Your plea was made during the currency of the COVID pandemic. The principles in Worboyes should be applied to mitigate your sentence; and
(f)Although deterrence is a major sentencing objective, the factors I have just outlined in mitigation should have a real role to play in tailoring the sentence imposed.
54Ms Zammit, who appeared for the Crown, submitted that the only appropriate sentence is a term of imprisonment with a head sentence and a non-parole period.
55The Crown further submitted that whilst your plea of guilty, lack of prior criminal history and your prospects of rehabilitation must all be given weight in the sentencing consideration, the issue of your youth and rehabilitation must take a backseat to specific and general deterrence given the seriousness of the carjacking and 2022 firearms offences. Ms Zammit referred to the case of Gommers.[3]
[3] Gommers v The Queen [2021] VSCA 258.
56The Crown concedes that that your prospects for rehabilitation are high.
57The Crown raises questions over how you were able to afford the rent for your commercial premises. It points to this being where the firearms, ammunition, and other weapons and drugs were located. I do not consider it appropriate to speculate on these matters, and it is unhelpful to the sentencing consideration, so I will not take that question into account.
Analysis
58I do consider your youth is an important factor in my assessment of the carjacking offence.
59You were, as I say, 20 years old (just short of turning 21) at the time of the offending and you had no prior convictions.
60The offence was committed in company and not alone, and although I have outlined that it was a serious and terrifying offence, and that you played no small role, you were at least one of three, and not one of the two who directly confronted and menaced Mr Yin.
61I have examined the Victorian Sentencing Manual case summaries for the carjacking offences. It may be readily determined that the average offender committing this crime usually had a string of prior convictions. It is apparent that an average sentence of about three years is imposed, on average, on a plea of guilty.
62I will take into account your circumstances being (at that time) more deserving of mitigation than in that average case.
63The more concerning consideration falls on the role of youth as a mitigating factor in relation to the 2022 firearms offence. I have now observed repeatedly that it was an offence committed on bail whilst undertaking a CCO and after you had been served with a firearm prohibition notice. Moreover, the offence is a rolled-up count of six different aspects of possession of firearms or
firearm-related material.64I have already rejected your explanation for possession of those items as implausible.
65In circumstances where I am satisfied that you were not armed simply for a protection against a shooting incident occurring years earlier, I must conclude that your offending is sufficiently serious to push your youth and prospects for rehabilitation out of direct prominence. I do not entirely discount them in the sentencing consideration for this offending. However, the possession of such a number of weapons and items must be met by general deterrence, a measure of specific deterrence (given the circumstances I have outlined), the denunciation of the community and at least a small measure of protection of the community. I repeat what I said earlier: the community will not tolerate the illegal possession of weapons. To the average, law-abiding citizen, guns suggest of criminal activity. A couple of weapons in your possession were homemade, and one of these had ammunition available in a detached chamber which was capable of firing. This is indeed disturbing.
66To the extent that I am able, in light of the comments I have just made, I have taken your youth into consideration. I consider, as I have already stated, that you were a relatively youthful offender and remain so to this time. The law sets out three particular factors to take into account in sentencing youthful offenders. First, the decisions made or judgment exercised by a youthful offender may be rash or ill-considered. This may lead to the criminal offending. Second, there is a general undesirability of exposing young persons to the adult custody environment of prison where they may be more influenced by older, hardened adult offenders towards committing further criminal offending and towards antisocial behaviour rather than being influenced to steer away from it. Finally, there is a presumption that the youthful offender, when positively influenced, can be steered towards a positive rehabilitation.
67Your relative lack of prior convictions, your age, your brief work history and the prosocial supports available to you suggest that you have the potential to rehabilitate and go and lead a productive life. You will need, however, to take responsibility for addressing your drug issues first and foremost if this is to occur.
68I am satisfied that your sentence must be mitigated by your plea of guilty, which has real utilitarian benefit, the fact that your time in prison has been affected by the strategies used to tackle the COVID pandemic and the hardships that that has caused to the prison population, and your plea of guilty must be taken into account in accordance with the principles in Worboyes.
69I also take into account the opinion of Ms Bovenkerk that because of your major depressive disorder and your PTSD, principles 5 and 6 in Verdins are enlivened.
70I will synthesise these matters into the formulation of the sentences and the overall sentence I impose.
71Finally, in this respect, I have tried to formulate an overall sentence which has regard to the principle of totality in the overall sentencing process.
72In the end, I have figured on a sentence which provides the opportunity for a considerable period of parole if granted. This will give Corrections the time needed to structure the supervision and interventions suggested by
Ms Bovenkerk to give you the best chance of remaining drug-free and
crime-free.73Now what I will do is I will announce the sentences, and I will come back to announce the periods of cumulation after that.
Orders
74The sentences are as follows.
75On Indictment K13122068.1, on the charge of carjacking, you are convicted and sentenced to two years, three months' imprisonment; on Charge 2, possessing an unregistered handgun, you are convicted and sentenced to five months' imprisonment; on Charge 3 of possessing a drug of dependence – that is the 0.3 of a gram of meth – you are convicted and sentenced to one day; on related Charge 8, possessing cartridge ammunition, you are convicted and fined $500; on related Charge 9, possessing a prohibited weapon, you are convicted and sentenced to two months' imprisonment; on related Charge 16, possessing a Schedule 4 poison, you are convicted and sentenced to a $250 fine. So that deals with the first indictment and related charges.
76On Indictment N10330015, on the charge of handling – which is a rolled-up charge – you are convicted and sentenced to three months' imprisonment; on Charge 2, possessing a firearm contrary to the prohibition order – it is a
rolled-up charge – you are convicted and sentenced to two years and six months' imprisonment, and that is the base charge; on Charge 3, possession of a drug of dependence, as I say, I am satisfied that the drug was held for personal use, so the maximum penalty is one year's imprisonment, and you are convicted and sentenced to one month's imprisonment; on related Charge 16, possessing a prohibited weapon, you are convicted and sentenced to four months' imprisonment; on related Charge 17, cartridge ammunition, you are convicted and fined $500; on related Charge 21, one month's imprisonment, that is dealing in suspected proceeds of crime; then related Charge 40, committing an indictable offence on bail, you are convicted and sentenced to one month.77Now, does everyone have those terms? Do you want me to go over them again? Mr Rundle, you are writing them down. Are you confident you have got those terms?
78OFFENDER: Yes, yes, Your Honour.
79HIS HONOUR: All right. I am going now to the cumulation, so this is what is added to the base sentence of two years, six months.
80On Charge 1, carjacking, I cumulate 13 months on the base sentence and other sentences; on Charge 2, possessing an unregistered handgun, I cumulate one month. Then moving to the second indictment, on related Charge 16, I cumulate one month. So it should be – let me just see. Two years and six months is 36, and six is 42. So there should be a cumulation of – I missed one, just bear with me a moment. There is one month missing. I am just going to stand down for one moment.
81(Short adjournment.)
82HIS HONOUR: Mr Rundle, the total effective sentence is therefore one of 45 months. I fix a non-parole period of two years and four months; that is, 28 months. In fixing the sentences for the charges on Indictment N10330015, I have had regard to s16(1A)(e) of the Sentencing Act.
83The 6AAA declaration is but for the plea of guilty, all things being equal, I would have imposed a global sentence across the two indictments of 66 months with 50 months to serve.
84As I say, 404 days pre-sentence detention, excluding today, is reckoned as already served.
85I believe that there were disposal and forfeiture orders. I will make them in chambers.
86The period of licence disqualification is fixed at 15 months.
87Now, Ms Zammit, do you have all of those?
88MS ZAMMIT: Yes, thank you, Your Honour.
89HIS HONOUR: Ms Holmes, is there anything you need me to go over?
90MS HOLMES: Nothing further, Your Honour, understood.
91HIS HONOUR: Thank you. Mr Rundle, you understand the sentence that has been imposed?
92OFFENDER: Sorry, Your Honour, so the top sentence – what is my top and then the bottom, sorry?
93HIS HONOUR: All right. Top sentence, 45 months.
94OFFENDER: Yep. And then - - -
95HIS HONOUR: Bottom sentence - - -
96OFFENDER: Yep.
97HIS HONOUR: Bottom sentence, 28.
98OFFENDER: Yep.
99HIS HONOUR: All right. So that is the period that you must serve before you become eligible for parole, and the 404 days, excluding today – so up to yesterday – comes off the period reckoned as already served.
100OFFENDER: Okay. So the 404 days comes off the 28 months?
101HIS HONOUR: Yes. So 28 months minus a year and – well, it is 13 and a half months comes off.
102OFFENDER: Yeah, okay.
103HIS HONOUR: Understand?
104OFFENDER: I understand, Your Honour, thank you.
105HIS HONOUR: All right. Ms Holmes, do you want the opportunity to speak to Mr Rundle while the video link is open?
106MS HOLMES: I would appreciate that, Your Honour, thank you.
107HIS HONOUR: Thank you. Thank you to everyone else participating. Ms Zammit, thank you for your considerable assistance during the course of the plea. I will adjourn now, and we will take everyone else out of the room so that you can speak to Ms Holmes privately.
108OFFENDER: Thank you for your time, Your Honour.
109MS HOLMES: Thank you, Your Honour.
110MS ZAMMIT: As Your Honour pleases.
111HIS HONOUR: Thank you.
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