Director of Public Prosecutions v Ryan
[2019] VCC 941
•22 October 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-00899
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACK RYAN |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 November 2018, 6 August & 2 October 2019 | |
DATE OF SENTENCE: | 22 October 2019 | |
CASE MAY BE CITED AS: | DPP v Ryan | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 941 | |
REASONS FOR SENTENCE
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Catchwords: Criminal law sentencing – armed robbery – young offender – participation in sentencing conversation – Koori Court Division – disparity of sentence justified by a number of factors – good prospects of rehabilitation - Community Corrections Order imposed
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | James Henderson (Plea) Rebecca Barrett (Further Plea and Sentence) | John Cain, Solicitor for the Director of Public Prosecutions |
| For the Accused | Erin Byrt (Plea) Chris Triscott (Sentence) | Papa Hughes Lawyers |
HER HONOUR:
1 Jack Ryan, you pleaded guilty before me to one charge of armed robbery.
2 Armed robbery is a serious crime, and that is evidenced by the maximum penalty imposed by Parliament - and that is 25 years’ imprisonment.
3 You have admitted your criminal record. There is only one previous court appearance that is of no real relevance. On 2 August 2017 at Frankston Magistrates Court, without conviction, you were fined $500 for the possession of cannabis.
4 I shall now proceed to sentence you on the basis of the Prosecution Summary that was read out at the plea hearing.
5 The offending was committed on Friday 3 November 2017 at approximately 1.00am.
6 The victim, Sahil Jindal, a 27-year-old casual attendant, was working solo at the 7-Eleven store, Dromana. The main door to the store was locked in accordance with usual store practice, and Jindal was working in the rear of the store with his back to the front door.
7 You committed the armed robbery company with Charlie Galea (Galea).
Galea was aged 25 at the time of the robbery, and you were aged 20.
8 You and Galea together reversed a green Ford Mondeo sedan into the front door of the store in order to effect forced entry. That manoeuvre caused extensive damage to the door. When Jindal heard a very loud smashing sound, he turned around to see that you and Galea were entering the store on foot.
9 You were both disguised, wearing masks, cap, hood and gloves. Galea was carrying a jemmy bar which he brandished towards Jindal as he approached him. He yelled at him to open the counter door. The victim was scared and fearful of being kicked. You were present, but did not say anything.
10 Jindal opened the counter door and entered the counter area, followed by both of you. Galea continued to yell at him, demanding to know where the cigarettes were stored. He was holding the jemmy bar up and demanding to know where the security cameras were. He was at all times aggressive and yelling at the victim.
11 The victim showed Galea where the monitor was and then Galea smashed the monitor with the jemmy bar. He opened the cabinet in the office and commenced taking cigarettes and placing them into a doona cover. (Charge 1, armed robbery) You began taking packets of cigarettes from the counter area (Charge 1, continued).
12 Coincidentally, some police were passing the store whilst on patrol. As they passed, they saw the Ford Mondeo positioned diagonally with its rear end up against the front doors of the 7-Eleven store. They stopped and made some observations. One of them saw the victim standing in the corner of the store with his hands raised, and concluded a robbery was in progress.
13 Senior Constable Herwood yelled out to the victim, asking if anyone else was present. He (Jindal) was able to gesture that there was somebody with him in the office, and the police officer then moved to the front door and yelled out for the offenders to come out.
14 Galea left the office and went outside with his jemmy bar raised. You remained inside, still taking cigarettes. Galea was confronted by a police officer who demanded that he place his weapon on the ground and lie down, and he complied.
15 Police then called out to you to come forward. You stood up from behind the counter and moved forward through the store complying with police directions. You were observed by them to be unarmed. You were then arrested and handcuffed.
16 You were taken to the police station at Frankston, where you participated in a record of interview, during which you made 'No comment' answers.
17 No victim impact statement has been filed. However, common sense dictates that Jindal would have been very terrified by your actions.
18 Mr Ryan, this is a very serious example of armed robbery involving, as it did, the commission of the offence in company. Both of you were disguised, and it took place in the early hours of the morning where you targeted a vulnerable and lone store attendant. The armed robbery was well-planned. Galea’s actions were both aggressive and confronting.
19 In sentencing you, there is a real need to emphasise general and specific deterrence, denunciation, as well as the protection of the community, and on behalf of the community, I condemn your behaviour.
20 This is a crime of some prevalence which is often perpetrated on defenceless members of the community who are merely going about their work. In such circumstances, ordinarily, employees ought to feel safe in their workplaces and your actions must be condemned.
21 Galea was sentenced by his Honour Judge Meredith on 9 May 2018 to a total effective sentence of three years and three months’ imprisonment with a non-parole period of 20 months fixed. Later in these reasons, I will refer to his circumstances and the reasons that justify a disparity in the sentence to be imposed.
22 You offered to plead guilty at the submissions-only committal in your matter on 1 May 2018. The Crown accepts that this is a plea of guilty entered at an early stage of the proceedings.
23 You were held in detention for some 13 days, following which you were released on strict bail conditions, including curfew, residence and reporting requirements.
24 You are now 22. Through your maternal line, you have traditional connections to the Palawa people of Flinders Island and Tasmania.
25 An important aspect of your case was that you voluntarily consented to having the matter heard in the Koori Court division, and in doing so, you agreed to participate in a process that involves appearing before Elders and Respected Persons from the Koori community, and the process is described as a 'sentencing conversation.;
26 The Court of Appeal in Victoria has recognised that the 'sentencing conversation' in the Koori Court is designed to further the reformation of an Aboriginal offender.[1]
[1]See The Queen v Steelie Morgan [2010] VSCA 14 at [11], confirmed in Honeysett v The Queen (2018) 56 VR 375 and DPP v Heyfron [2019] VSCA 130.
27 You participated in a sentencing conversation with Aunty Jackie Stewart and Uncle David Farrell, and you were well supported in court by your parents, Katie and Kieran Ryan, friends and other family members.
28 You engaged well with the Elders and spoke openly about the offending,
the role you played, and what you could do to avoid offending further in the future. You expressed your sorrow for the offending and acknowledged the harm that your actions would have caused to the victim.
29 The Elders challenged you concerning your behaviour. You genuinely participated in the process, and that is a factor that mitigates punishment.
30 There was a pronounced shift in your thinking that took place towards the end of the conversation where you agreed with the Elders that your underlying offending behaviour was linked to your addiction to drugs. You have been using the drug ice since you were aged 15, which is a significant factor. You said that you wanted to lead a more law-abiding life, and that you were keen to learn more about culture and family connections, that you were prepared to undertake residential drug rehabilitation, and would participate in the Bunjilwarra program if you were admitted.
The conversation was very confronting, with the Elders condemning your behaviour, saying it was cowardly, and emphasising to you the fear that you would have caused the victim to suffer. They both urged you to reflect on the consequences of your behaviour, and to focus on the future so that you could make better choices in life. They both agreed that you needed to accept professional help in dealing with your chronic substance use issue.
31
I am satisfied that, through your genuine participation in the conversation,
that you:
(a) demonstrated remorse for your offending;
(b) demonstrated insight into the reasons for, and the seriousness and effect of, the offending; and
(c) expressed an intention to work through your condition, and work towards reformation through participation in the Bunjilwarra program.
32 Ms Byrt appeared on your behalf at the plea hearing. She indicated to the Court she did not specifically seek to rely upon any Verdins principles, however sought to rely, in a general sense, on the material contained within the reports that were filed on your behalf.
33 The Court has had the advantage of reading a report from Casey Lynch, a neuropsychologist, who undertook a neuropsychological assessment on
14 October 2018, and the report of Alison Mynard, clinical psychologist,
who undertook a psychological assessment. Her report is dated 20 August 2018. I have taken into consideration the contents of those reports.
34 Your parents were both present at the plea hearing, and they are very supportive. You have an older half-brother (from your mother’s previous relationship), and also a younger brother and sister. Over the years, your mother has also cared for a number of foster children through her involvement in work with Berry Street.
35 You enjoy a close relationship with your mother. She has been primarily responsible primarily for the care of the children at home whilst your father works as a truck driver. You are living with them at the family home in Seaford.
36 You were assessed as having a borderline IQ with a score of 71.
You experienced great difficulties at school with coping, but did not qualify for special education. Your childhood was blighted by chronic ear problems and ear infections that required multiple operations, and you are deaf in one ear as a result. An integration aide was provided to you for assistance in primary school.
37 You are literate, but I accept that you did experience real difficulties progressing at school.
38 At age 14, you were diagnosed as suffering with ADHD and mild autism,
but there does not appear to be any evidence of autism currently.
39 Tragically, you were bullied at school due to your physical appearance and disabilities, and you left school partway through Year 9, at age 15, and then completed a behavioural course called Newstart at Chisholm TAFE. Ultimately, at age 17, you left school when you were part-way through Year 10.
40 Notwithstanding your difficulties, you have had jobs in casual roles in the hospitality industry. You have a keen interest in cooking, and one of your ultimate ambitions is that you want to train as a chef.
41 You have had, as I said previously, a long-term history of illicit drug use, commencing when you were about 14. You developed a chronic addiction to cannabis in your early adolescent years, and in addition, you have used amphetamines, methamphetamines, ecstasy and MDMA.
42 Ms Mynard considered that you do have low cognitive functioning, and recommended a further formal neuropsychological assessment.
43 You told her about the context to this offending. You had broken up from a five-year relationship, you had low mood, and you were using ice regularly.
You had lost a job some months before. Previously, you had worked with a relative doing some fencing, but he had to leave Victoria to live interstate, following which you became jobless. Just prior to the offending, you were increasingly dependent upon the drug ice, and were experiencing both auditory and visual hallucinations.
44 Ms Mynard considered that you were suffering from a range of mental health issues before the offending, including ADHD, a low IQ, methamphetamine addiction, depression and anxiety, as well as the possibility of drug-induced psychosis.
45 She said you had limited insight into the offending, although you were regretful for your actions. She recommended, in order to reduce your risk of further offending and relapse into substance addiction, that you require counselling and cognitive behavioural therapy - all of which is to address your substance addiction.
46 Ms Lynch’s assessment of you was somewhat diminished because you had used cannabis prior to the assessment. Nonetheless, she undertook her assessment and concluded that your overall intellectual abilities fell in the borderline range. She acknowledged the fact you had used marijuana before her session, and that may have contributed to some fluctuations in your performance, particularly in the areas of attention and processing speed.
47 However, given that your cognitive impairment has been longstanding and documented with reports of borderline intellectual functioning since primary school, I am satisfied that you do have a quite significant cognitive impairment.
48 Ms Lynch notes that you present a risk of not thinking rationally and acting impulsively in situations where you are faced with potentially unpredictable environments, particularly in situations that are emotionally charged, and that risk is exacerbated by ongoing substance use, including cannabis and possibly occasional methamphetamine.
49 She recommended drug counselling, with a particular focus on exploring alternative coping mechanisms to substance use in times of hardship or low mood, and also ongoing monitoring of mental health.
50 This morning, when we had the discussion prior to me reading these formal remarks, you did address that in your conversation with me where you acknowledged that you need assistance to help you deal with mood fluctuations and behaviour fluctuations, and developing different strategies to deal with that.
51 Following your release under strict bail conditions, you lived with your parents. You had some casual employment with Dynamic Steel in Dandenong South, doing some metal fabrication work. That was of a casual nature.
52 Previously, you had been in a relationship with your girlfriend, Skye, who has delivered a child, Charlotte, who was born on 2 May 2019. At the sentencing conversation, you expressed a desire to support Skye and your child, and to provide a better future for them both.
53 Sadly, that relationship broke down, and whilst you initially were able to maintain a positive role in Charlotte’s care, that has since stopped, because you are now in a different relationship with another girlfriend, Chloe. You no longer see Charlotte, and you have informed the court through your counsel that once these proceedings are finished, you wish to pursue contact through lawyers.
54 In the sentencing conversation, your mother Katie said that there had been a shift in your attitude over the past 12 months since the offending, and
in particular, she noted a real turnaround once you found out about your girlfriend's pregnancy.
55 During the sentencing conversation, I formed the strong impression that you were a young vulnerable man who was on the cusp of change. In the past you have never had any treatment or counselling to deal with your chronic and established drug abuse issues. Your use of drugs has been entrenched since your early teenage years, and up until the time of the hearing, you were still reliant on cannabis to assist with sleep. You described stress and depressive symptoms, and difficulty sleeping. You have tried to reduce your use, but have not been successful in completely ceasing use.
56 You indicated to the Court at the original sentencing conversation you were ready to address your drug issues, and ultimately, you were able to participate in the Bunjilwarra residential treatment program. That program been established through the Aboriginal Health Service and YSAS to provide a service for drug treatment and detoxification for young people in a culturally safe and supportive environment.
57 You had to provide three clean unsupervised urine samples prior to admission, and then you were admitted. Unfortunately, there was a significant delay in a bed being made available to you at Bunjilwarra, and therefore, you were placed on the waitlist for several months. Ultimately, you were successful in completing a detoxification program through YSAS, and you were at the program between 25 July and 27 August 2019.
58 You completed Stage 1 of the structured and staged recovery-based cultural healing program, and that incorporated many skills, including development of life skills, resilience, problem-solving, relapse prevention, art and cultural activities, housekeeping, financial management, cooking and nutrition skills.
In addition, you went to weekly Narcotics Anonymous meetings and other cultural activities.
59 You were found to be a pleasant and engaging young Aboriginal man who is making significant efforts to improve his life and to build insight into the impact of drug use and capacity to make good choices. However, it was noted at times you did demonstrate poor insight into your behaviour and mental health, and due to a misdemeanour - that is, you were found in possession of a knife -
you were asked to leave the program. Bunjilwarra has left open the possibility of future admission, but to date that has not been confirmed.
60 I have taken into account the time that you spent at Bunjilwarra as quasi-custody, and have moderated your sentence accordingly. Sentencing courts in Victoria must now take into account the punitive element of residency in a rehabilitation facility separately and in addition to any rehabilitation achieved during the residency.[2]
[2]Akoka v The Queen [2017] VSCA 214.
61 Since leaving Bunjilwarra, you have taken up their suggestions and continued weekly NA meetings, and joined a Men’s Behaviour Change Group in Doveton. That has now closed.
62 Importantly, I have had regard to your particular circumstances, during the time since being released on bail on strict conditions.
You have adhered to all those strict conditions, plus you have not re-offended, and there have only been reported relapses where you have used cannabis on occasion.
63 In formulating the appropriate sentence, I have taken into account that this offending occurred at a low ebb in your life, having regard to your breakdown of the long-term relationship, loss of job and security, and your increasing use and reliance on the drug ice, which ultimately manifested itself in the poor choices that you made in participating in this very serious offending. You were paranoid about not being able to pay a drug debt, and your motivation for participation in the armed robbery was to pay back that debt. Whilst explaining the behaviour, it does not excuse your behaviour.
64 I accept all the matters put in mitigation, and I have taken into account in your favour the fact that you entered a plea of guilty at the early stage in proceedings, and the plea has real utility and is indicative of genuine remorse. By the plea, you have saved the victim the further trauma of having to come to Court and give evidence, and also, you saved the State the expense and inconvenience of a trial. You have facilitated justice, so your sentence will be discounted accordingly.
65 I accept that you are otherwise a person of good behaviour, and that this violent serious offending is offending that is out of character.
66 Your participation in the sentencing conversation was genuine, and is further indicative of your remorse, and is also indicative of good rehabilitation prospects. Your conduct during that sentencing conversation and subsequently has indicated that you do have a genuine desire to reform.
67 You are a youthful offender, and as such, the principles of Mills[3] and Azzopardi[4] apply. Rehabilitation is an important sentencing consideration. A youthful offender is not to be sentenced to an adult prison if such a disposition can be avoided, especially where an offender is beginning to appreciate the effect of his past criminality, and I am satisfied that that is the case here.
[3](1998) 4 VR 235.
[4](2011) 35 VR 43.
68 The 13 days that you spent in adult custody were very difficult for you.
You were physically attacked and suffered bruising to your ribs. Any further custodial sentence would be difficult for you, having regard to your particular vulnerabilities in relation to your known intellectual and cognitive difficulties,
as well as your size, your hearing disability, and inability to adequately protect yourself.
69 To return you to prison now would be very disruptive and corrosive of the very real progress that you have achieved since your release on strict bail conditions.
70 You are fortunate to be supported by a strong and protective family. Both your parents have expressed a willingness for you to continue to live with them so that they may provide for your ongoing support and care, and there is also the prospect of further employment in the future with Dynamic Steel.
71 Overall, given all the factors that I have identified, I consider that you do have reasonable prospects for rehabilitation.
72 Charlie Galea was sentenced by his Honour Judge Meredith, and received a term of imprisonment of three years and three months, with a non-parole period fixed of 20 months.
73 The features that justify a disparity were that he was older - he was aged 24 at the time of the offending and is now 25 - his prior criminal history was more serious, he had six previous court appearances and two subsequent court appearances that were taken into account in formulating the appropriate sentence.
74 His previous court appearances spanned a period from 21 January 2010 until 28 May 2014, and he had relevant findings of guilt in relation to multiple charges of intentionally destroy property, unlawful assault, convictions for fail to comply with conditions of order, and of significance, a robbery conviction as well as driving-related offences, and other offences, such as resist police, possess prohibited weapon without approval, and possess a dangerous article in a public place.
75 On 9 December 2013 at Sunshine Magistrates’ Court, he was placed on a Community Correction Order for 15 months in relation to the robbery and some driving offences, as well as resisting police.
76 His subsequent offending involved a Court appearance on 16 February 2018 in relation to going equipped to steal, for which he was convicted and placed on a Community Correction Order for three months with conditions.
77 I accept that he was the older and more responsible player in the commission of this armed robbery. He was more aggressive, and armed himself with the jemmy bar which he brandished at the victim and used it to smash the camera. He could not rely on the principles that apply to youthful offenders.
78 Given your intellectual and cognitive difficulties, I am satisfied that you were vulnerable to his approaches to become involved in this offending. That was further exacerbated by your escalating drug use at the time.
79 Overall, I accept that you are now at a stage in your life where you have begun to implement significant changes. Your efforts to date have been impressive, notwithstanding that they have not been entirely successful, but they do give cause for some optimism for you for the future. That is significant in a case such as yours, where you have had problems with drug-taking, and that was an entrenched pattern in your life from such a vulnerable age - namely, 14 years. You currently express real hope for the future, and have a positive attitude,
so that you are in a position to be able to pursue your rehabilitation through the Community Corrections Order that I have proposed.
80 Your ultimate rehabilitation is very important, not just to you as an individual, but also to your family, your partner, your children and the community, and it offers the community the best protection from you further reoffending.
81 Ms Byrt sought a Community Correction Order on your behalf. Ms Barrett, on behalf of the prosecution, submitted an immediate custodial sentence was warranted, having regard to the serious gravity of the offending and the other aggravating features that were highlighted.
82 This is offending of a serious type; namely, armed robbery. Yours is a difficult sentencing exercise, but what makes your case somewhat different is the efforts that you have made to address your underlying offending behaviours.
83 You are a young Aboriginal man who has significant disadvantages through your intellectual and cognitive impairments. That has impacted upon you during your formative years and in part caused the disruption of your schooling.
84 I have had regard to what the Court of Appeal has said in the case of The Queen v Steelie Morgan,[5] and also in the guideline sentencing judgment of Boulton v The Queen[6]. The Court, in Boulton, emphasised the negative impacts of imprisonment on youth, and accepted that a Community Correction Order can be punitive and capable of deterring others and providing for specific deterrence.
[5][2010] VSCA 15
[6][2014] VSCA 342
85 In formulating the appropriate just sentence, it is important that a sentencing court looks to the future, as well as to the past. There is a real benefit to the community at large, as well as to you individually and your family, if future criminal activity can be avoided.
86 Therefore, I have structured the sentence in order to give effect to that goal.
87 In fixing the sentence, I have hard regard to the sentencing purposes of general and specific deterrence, rehabilitation, denunciation, and the need to protect the community.[7]
[7]Sentencing Act 1991 s 5(1).
88 Ultimately, I have concluded all relevant sentencing objectives can be best served through the imposition of a Community Corrections Order in the manner that I have earlier described.
89 You have been assessed as being suitable for an order, notwithstanding that you are assessed as being a high risk of reoffending. I have explained to you the nature of the order and also the consequences of contravention, and you have acknowledged directly to me that you fully understand all the terms of the order and consent to it being made.
90 You have given an undertaking to the court that you would adhere the orders, and you fully understand, in the event that you breach the order, that constitutes a new offence - that is, contravention of a Community Correction Order - that is punishable by up to three months' imprisonment.
91 I will announce the formal orders now.
92 On the one charge of armed robbery, you will be convicted and sentenced to a Community Corrections Order of two year's duration to commence from today's date.
93 In addition to the mandatory terms, there will be the following special conditions: that you perform 200 hours of unpaid community work, that there be supervision, that you receive treatment and assessment, including testing for drug abuse and dependency, that you further undergo any mental health assessment or treatment that may include psychological, neuropsychological or psychiatric treatment, as directed by the Regional Manager, and that you participate in any programs or courses that are directed that relate to your offending behaviours, including, if appropriate, for referral and attendance at Bunjilwarra.
94 Finally, there is a condition of judicial monitoring. You must attend for a review before me on 22 April 2020 at 10 am at the Melbourne County Court. And that is just to enable me to see how you are progressing.
95 I must say, this has been a longer than usual process in terms of the duration from the time of the initial sentencing conversation to the sentence. But that was made more difficult because of the reality of having to await a bed being available at Bunjilwarra, and that delay was through no fault of your own. I have taken that all into account in formulating the appropriate sentence and the duration of the Community Corrections Order, and I consider that it is appropriate, in all the circumstances.
96 The only thing that remains for me now is the 6AAA.
97 MS BARRETT: Did Your Honour wish to declare the pre-sentence detention?
98 HER HONOUR: Yes, I will. That was how many days?
99 MS BARRETT: Thirteen, Your Honour.
100 HER HONOUR: I meant to in my remarks, but I have not noted it. All right.
I will make a declaration, pursuant to s.6AAA of the Sentencing Act, but for your plea of guilty, I would have imposed a term of imprisonment of two-and-a-half years to serve 12 months.
101
I declare 13 days – no, I do not need to declare pre-sentence detention, because
I am not imposing a sentence of imprisonment.
102 MS BARRETT: That's what I wanted to check, Your Honour.
103 HER HONOUR: I have made a notation in the sentencing remarks of the
13 days, so if that becomes an issue in the future, it is noted.
104 MS BARRETT: Yes, Your Honour.
105 HER HONOUR: I make the Disposal order sought.
106 And finally, I make the order, pursuant to s.464ZF, for the taking of a forensic sample. I note the order was not opposed. I consider that such an order is in the interests of the community, and that it is made having regard to the seriousness of the offending.
107 Jack Ryan, what that means is that at some stage, you will be asked by police to provide a forensic sample. You will be given a cotton bud to rub the inside of your mouth with to enable a saliva sample to be provided. Provided that you do that, you will comply with the order that I have just made. But if you do not comply, then the forensic sample can be taken by way of a blood test and reasonable force can be used to give effect to that. But hopefully that will not be necessary.
108 OFFENDER: Yes, Your Honour.
109 HER HONOUR: Yes. It is in your interests, Mr Ryan, to immediately arrange to attend for your assessment in relation to the Community Corrections Order, the details of which have been properly explained to you today. And you cannot be tardy. I noted from this pre-assessment report that there was a little bit of toing and froing trying to get you to complete your assessment. It was difficult to coordinate due to your own schedule. Well, this has got to be your No.1 priority. All right?
110 OFFENDER: Yes, Your Honour.
111 HER HONOUR: So no excuses. You have got to make this your No.1 priority, and if you are determined to make good your expressed intention to change your life and to be there for your family, you have to make this your priority.
112 OFFENDER: Yes, Your Honour.
113 HER HONOUR: I have signed those orders. We will just get Mr Ryan to sign. If you could assist him, please, Mr Triscott? All right, that concludes the matter. It did take a little longer than usual, but that is necessary in circumstances such as this where I have explained appropriately the reasons for my decision.
114 OFFENDER: Yes, Your Honour.
115 HER HONOUR: It is absolutely imperative that you commence your Community Corrections Order immediately, and that you make every effort to adhere to all the conditions, because otherwise, you do face the risk of further time in gaol.
116 OFFENDER: Yes, Your Honour.
117 HER HONOUR: All right. We can adjourn.
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